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This is a Bill, not an Act. For current law, see the Acts databases.
COMMONWEALTH ELECTORAL (ABOVE-THE-LINE VOTING) AMENDMENT BILL 2008
2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commonwealth Electoral
(Above-the-Line Voting) Amendment
Bill 2008
No. , 2008
(Senator Brown)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918 to repeal provisions relating to
group voting tickets and provide for preferential
above-the-line voting, and for related purposes
i Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nt of the Commonwealth Electoral Act
1918
3
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. , 2008 1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918 to repeal provisions relating to
2
group voting tickets and provide for preferential
3
above-the-line voting, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Commonwealth Electoral
7
(Above-the-Line Voting) Amendment Act 2008.
8
2 Commence ment
9
This Act commences on the day on which it receives the Royal
10
Assent.
11
2 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. ,
2008
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. , 2008
3
1
Schedule 1
--
Amendment of the
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
group voting square means a square printed on the ballot-papers
6
for a Senate election in accordance with subsection 168(4) above
7
the names of candidates who have made a request under subsection
8
168(1).
9
2 At the end of section 168
10
Add:
11
Group voting square
12
(4) If two or more candidates have made a request under
13
subsection (1), a square must be printed on the ballot-papers for
14
use in the election above the names of those candidates.
15
3 Subsection 169(4)
16
Repeal the subsection, substitute:
17
(4) Where a request has been made under subsection (1) in respect of
18
candidates in a Senate election, the request may include a further
19
request that the name of the registered political party that endorsed
20
the candidates be printed on the ballot-papers adjacent to the
21
square printed in relation to the group in accordance with
22
subsection 168(4).
23
4 Subsection 210(2)
24
Repeal the subsection.
25
5 Subsection 210A(5)
26
Omit "subsection 211(5)", substitute "subsection 168(4)".
27
6 Section 211
28
Repeal the section.
29
Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918
4 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. ,
2008
7 Section 211A
1
Repeal the section.
2
8 Paragraph 214(2)(d)
3
Before "square" (first occurring), insert "group voting".
4
9 Paragraph 214(2)(d)
5
Omit "subsection 211(5)", substitute "subsection 168(4)".
6
10 Paragraph 214(2)(e)
7
Repeal the paragraph.
8
11 Section 216
9
Repeal the section.
10
12 Subsection 226(3)
11
Repeal the subsection.
12
13 Subparagraph 227(8)(a)(i)
13
Omit ", group voting tickets registered for the purposes of the election".
14
14 Subsection 239(2)
15
Repeal the subsection, substitute:
16
(2) A vote may be marked on a ballot-paper by:
17
(a) writing the number 1 in a group voting square (if any) printed
18
on the ballot-paper under subsection 168(4); and
19
(b) writing in the remaining group voting squares printed on the
20
ballot-paper under subsection 168(4):
21
(i) in the case of a Senate election--the numbers 2 to 4 at
22
least if there are four or more group voting squares, or if
23
there are less than four group voting squares, numbers
24
in a sequence of consecutive numbers commencing with
25
the number 2 to fill however many voting squares there
26
are; or
27
(ii) in the case of an election following a dissolution of the
28
Senate--the numbers 2 to 7 at least if there are seven or
29
more group voting squares, or if there are less than
30
seven group voting squares, numbers in a sequence of
31
Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. , 2008
5
consecutive numbers commencing with the number 2 to
1
fill however many voting squares there are; and
2
(c) if the voter wishes, by writing any additional consecutive
3
numbers beginning with the number 5 or the number 8, as the
4
case may be, in any remaining group voting squares printed
5
on the ballot-paper under subsection 168(4).
6
15 Subsection 239(3)
7
Repeal the subsection.
8
16 Paragraph 268(1)(b)
9
Omit "subsection 270(1)", substitute "subsections 270(1) and 270A(1)".
10
17 Subsection 269(1)
11
Omit "A ballot-paper", substitute "To avoid doubt, a ballot-paper".
12
18 Subsections 269(3) and (4)
13
Repeal the subsections.
14
Note:
The heading to section 269 is replaced by the heading "Formal votes if vote recorded
15
in group voting squares".
16
19 After section 270
17
Insert:
18
270A Certain votes in group voting squares with non-consecutive
19
numbers to be formal
20
(1) Where a ballot-paper in a Senate election or in an election
21
following a dissolution of the Senate:
22
(a) has the number 1 in a group voting square printed on the
23
ballot-paper under subsection 168(4) and does not have that
24
number in another group voting square printed on the
25
ballot-paper under subsection 168(4);
26
(b) has:
27
(i) in a case of a Senate election--in the group voting
28
squares printed on the ballot-paper under subsection
29
168(4), numbers in a sequence of consecutive numbers
30
commencing with the number 1 and ending with the
31
number 4 or such lesser number as is provided for by
32
Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918
6 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. ,
2008
subparagraph 239(2)(b)(i) or numbers that with changes
1
to no more than 2 of them would be in such a sequence;
2
or
3
(ii) in the case of an election following a dissolution of the
4
Senate--in the group voting squares printed on the
5
ballot-paper under subsection 168(4), numbers in a
6
sequence of consecutive numbers commencing with the
7
number 1 and ending with the number 7 or such lesser
8
number as is provided for by subparagraph 239(2)(b)(ii)
9
or numbers that with changes to no more than 2 of them
10
would be in such a sequence; and
11
(c) but for this subsection, would be informal by virtue of
12
paragraph 268(1)(b);
13
then:
14
(d) the ballot-paper is not informal by virtue of that paragraph;
15
(e) the number 1 is taken to express the voter's first preference
16
vote in accordance with subsection 272(1);
17
(f) where numbers in group voting squares printed on the
18
ballot-paper under subsection 168(4) are in a sequence of
19
consecutive numbers commencing with the number 1--the
20
voter is taken to have expressed a preference by the other
21
number, or to have expressed preferences by the other
22
numbers, in that sequence in accordance with subsection
23
272(2) or (3), as the case may be; and
24
(g) the voter is not taken to have expressed any other preference.
25
(2) In considering, for the purposes of subsection (1) whether numbers
26
are in a sequence of consecutive numbers, any number that is
27
repeated must be disregarded.
28
20 Section 272
29
Repeal the section, substitute:
30
272 Senate ballot-papers deemed to be marked in accordance with
31
group voting squares
32
(1) For the purposes of section 273, where a ballot-paper in a Senate
33
election has been marked in accordance with paragraph 239(2)(a)
34
by the number 1 having been placed in a group voting square
35
printed on the ballot-paper under subsection 168(4), the
36
ballot-paper must be deemed to have been marked with a first
37
Amend ment of the Co mmon wealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. , 2008
7
preference vote for the first candidate included in the group on the
1
ballot-paper and subsequent preferences for all other candidates
2
included in the group in the order of the names of the candidates in
3
the group on the ballot-paper.
4
(2) For the purposes of section 273, where a ballot-paper in a Senate
5
election has been marked in accordance with paragraph 239(2)(b)
6
by the number 2 having been placed in another group voting square
7
printed on the ballot-paper under subsection 168(4), the
8
ballot-paper must be deemed to have been marked with the
9
preference vote, immediately sequential to those referred to in
10
subsection (1), for the first candidate included in that other group
11
on the ballot-paper and subsequent preferences for all other
12
candidates included in that other group in the order of the names of
13
the candidates in the group on the ballot-paper.
14
(3) For the purposes of section 273, where a ballot-paper in a Senate
15
election has been marked in accordance with paragraph 239(2)(b)
16
or (c) by the number 3 and subsequent numbers, as the case
17
requires, having been placed in other group voting squares printed
18
on the ballot-paper under subsection 168(4), the ballot-paper must
19
be deemed to have been marked with the preference votes,
20
immediately sequential to those referred to in subsections (1) and
21
(2), for the first candidate included in those other groups on the
22
ballot-paper and subsequent preferences for all other candidates
23
included in each of those other groups in the order of the names of
24
the candidates in each group on the ballot-paper.
25
21 Paragraph 273(5)(f)
26
Omit "marked otherwise than in accordance with subsection 239(2)".
27
22 Paragraph 273A(3)(a)
28
Repeal the paragraph, substitute:
29
(a) reject any of the wholly above-the-line ballot-papers that are
30
informal;
31
(aa) arrange the unrejected ballot-papers under the names of the
32
respective candidates by placing in one parcel under the
33
name of each candidate all the ballot-papers marked in
34
accordance with subsection 239(2) on which a first
35
preference is indicated for that candidate and in another
36
parcel under the name of that candidate all the other
37
Schedule 1 A mendment of the Co mmonwealth Electoral Act 1918
8 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2008 No. ,
2008
ballot-papers on which a first preference is indicated for that
1
candidate;
2
23 Paragraph 273A(3)(c)
3
Repeal the paragraph, substitute:
4
(c) place in a parcel or parcels all the ballot-papers received by
5
the Divisional Returning Officer, other than the ballot-papers
6
rejected as informal;
7
24 Paragraph 273A(3)(f)
8
Repeal the paragraph, substitute:
9
(f) transmit to the Australian Electoral Officer information about
10
the total number of ballot-papers rejected as informal.
11
25 Subsection 273A(10) (paragraph (a) of the definition of
12
wholly above-the-line ballot-paper)
13
Repeal the paragraph, substitute:
14
(a) has one or more numbers in the group voting squares above
15
the dividing line; and
16
26 Form E of Schedule 1
17
Omit "By placing the single figure 1 in one and only one of these
18
squares to indicate the voting ticket you wish to adopt as your vote",
19
substitute "By placing at least the numbers 1 to (8) in the order of your
20
preference for the groups of candidates".
21
27 Form E of Schedule 1 (at the end of the footnotes)
22
Add:
23
(8) Here insert:
24
(a)
in the case of a Senate election--"4" if there are four or more groups,
25
and if there are less than four groups, however many groups there are;
26
(b)
in the case of an election following a dissolution of the Senate--"7" if
27
there are seven or more groups, and if there are less than seven groups,
28
however many groups there are.
29