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The Senate’s Finance and Public Administration Committee published its report on the draft Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 on 29 March 2006. Despite criticisms and dissenting reports, the bill was pushed through both houses of Parliament after minimal debate. Norm Kelly has argued that amendments to the Electoral Commonwealth Act represent “a serious affront to the democratic principles of political equality and the quality of public debate” (Kelly, 2006).
A change of particular concern is that the electoral roll now closes at 8pm on the day after the election writs are issued. This potentially ‘disenfranchises hundreds of thousands of otherwise eligible citizens at federal elections’ (Hughes & Costar, The Age, 3 November 2005). Previously, the Commonwealth Electoral Act 1918 allowed seven days grace for voters to bring their enrolments up to date before the close of the roll. In the one week period leading up to the 2004 election, over 420,000 citizens enrolled for the first time or brought their enrolments up to date. Had the proposed changes been in force, these citizens would have been disenfranchised. Without the intensive enrolment activity that is prompted by the calling of an election, it is likely that many people will remain disenfranchised in successive elections. Under the new amendments, prisoners serving less than three years in full-time detention lost their right to vote. This was, however, struck down by the High Court in August 2007 (although the Court reaffirmed earlier laws preventing prisoners from voting if they are serving a sentence of three or more years). In Western Australia, the Labor Government’s Electoral Legislation Amendment Bill 2006 disenfranchises all prisoners (previously prisoners serving less than one year could vote). This action and the new electoral laws are in contravention of Section 25 of the International Covenant on Civil and Political Rights (ICCPR) which states that “Every citizen shall have the right and the opportunity… to vote…” It is also contrary to notions of rehabilitation embraced by many other democratic countries.
The increase in the threshold for the disclosure of political donations is another change to the new electoral laws. The increase of disclosure thresholds from $1,500 to $10,000 is an erosion of political transparency. It is likely to lead to greater lobbying pressure and leaves the door open for corrupt behaviour. Under the new rules an individual or corporation can make or arrange multiple donations of $10,000 without any public disclosure.
In May 2008, the Rudd Government undertook reform of the Howard Government’s changes to political donation disclosure regulations, reducing the disclosure level from $10,000 down to $1000 and moving to establish bi-annual disclosures. The legislation containing these reforms has been held up by the Opposition, who have insisted that the changes be examined by the electoral matters committee. Any change will thus be postponed until at least June 30th 2009.
In March 2008, Special Minister of State John Faulkner announced that an electoral reform green paper would be released in two parts later in the year. The first part will examine disclosure, funding and expenditure issues. The second part has the following aims: “to look at issues such as caps; limitations or bans on donations and funding or expenditure; to look at the public funding regime in the broad; to look at the critical issue of the alignment of state, territory and federal electoral laws; and, of course, a range of other issues such as enrolment processes, roll closures, as part of a very comprehensive review of the Commonwealth Electoral Act”.
Source: Transcript from an interview with Senator John Faulkner on 28 March 2008: http://www.smos.gov.au/transcripts/2008/tr_20080328_electoral_reform.html
Fitzgerald, S. (2005). “Ending felon disenfranchisement”, http://democratic.audit.anu.edu.au/papers/200507_fitz_felons.pdf
Hughes, C., & Costar, B. (2005). “Finding the ballot books”, The Age, 3 November 2005.
Sawer, M. (2006), “Damaging democracy? Early closure of electoral rolls”, http://democratic.audit.anu.edu.au/papers/20060308_sawer_dam_dem.pdf
The Senate Finance and Public Administration Committee (2006). “Provisions of the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005”, http://www.aph.gov.au/Senate/committee/fapa_ctte/electoral_integrity/report/report.pdf
