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Title

Ch3 Elections and the electoral system / ELECTORS

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Elections and the electoral system

Chapter No.

Chapter 03

Page

82

Section No.

 

System Id

procedural/practcer/chapter03.04.doc


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Ch3 Elections and the electoral system / ELECTORS



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House of Representatives                                Ch 3                                                 p 82

 

Elections and the electoral system

 

Electors

Members of the House of Representatives are elected on the basis of universal ad ult franchise for citizens. This principle is based on the interpretation of constitutional provisions. 1 The voting provisions for federal elections (including Senate elections) were established in 1902. 2 Since then elections have been characterised by:

  • adult suffrage; 3

  • secret ballot, and

  • single vote. 4

    • These features, together with the following innovations, make up the principal voting provisions which are currently followed in federal elections:

    1. Compulsory registration of voters since 1911. A roll of electors is kept for each electoral division and every eligible voter is required to enrol. 5
    2. Preferential voting system since 1918. 6 Up until 1918 the first-past-the-post system was used at federal elections.
    3. Compulsory votin g became effective at the 1925 general election. 7 It is the duty of every elector to record his or her vote at each election. 8
    4. Extension of franchise to Aboriginal people on a restricted basis since the 1949 general election, 9 to all Aboriginal people since the 1963 general election, 10 and to persons 18 years of age and over since the 1974 general election. 11

    In summary, persons entitled to enrol and to vote at federal elections (subject to certain disqualifications) are all persons who have attained 18 years of age and who are Australian citizens. British subjects whose names were on the electoral roll on 25 January 1984 are also entitled to be enrolled and vote. Provisional enrolment may be claimed by 17 year olds but they are not entitled to vote until they turn 18. 12 Persons who have applied for Australian citizenship may also apply for provisional enrolment which takes effect on the granting of citizenship. 13

    A person who is the holder of a temporary vis a for the purposes of the Migration Act, or a person who is an unlawful non-citizen under that Act, is not entitled to enrolment. A person who, being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting, or who has been convicted of treason or treachery and has not been pardoned, or who is serving a sentence of three years or longer for an offence against the law of the Commonwealth or of a State or Territory, is not entitled to enrolment or to retain enrolment. 14 The Registrar-General (of births, deaths and marriages) and the Controller-General of Prisons, or their equivalents, in each State and Territory are required to provide to the appropriate electoral authorities details of relevant deaths and convictions, as the case may be. 15

    Electors should normally be enrolled in the subdivision in which they live. Special provisions apply to enrolled persons leaving Australia but intending to return within six years, 16 Australian citizens resident on Norfolk Island, 17 itinerants, 18 prisoners, 19 and Members of Parliament. Senators may be enrolled in any subdivision in the State or Territory which they represent, and Members of the House of Representatives may be enrolled in any subdivision of the division which they represent and are not obliged to live in the electoral division. 20



    Constitution, ss. 30, 41.



    Commonwealth Electoral Act 1902 .



    Originally excluding Aboriginal people (other than those already enrolled in a State in 1902).



    Plural voting is precluded by the Constitution, s. 30.



    Commonwealth Electoral Act 1918 , ss. 82, 101.



    Commonwealth Electoral Act 1918 , s. 240.



    Commonwealth Electoral Act 1924 (Act No. 10 of 1924).



    Commonwealth Electoral Act 1918 , s. 245.



    Those entitled to State enrolment, or members or former members of the Defence Force. Commonwealth Electoral Act 1949 .



    Amending legislation passed in 1962 in response to recommendations by the Select Committee on Voting Rights of Aborigines, H of R 1 (1961).



    Commonwealth Electoral Act 1918 , s. 93.



    Commonwealth Electoral Act 1918 , s. 93, 100.



    Commonwealth Electoral Act 1918 , s. 99(A).



    Commonwealth Electoral Act 1918 , s. 93.



    Commonwealth Electoral Act 1918 , ss. 108, 109.



    Commonwealth Electoral Act 1918, s. 94.



    Commonwealth Electoral Act 1918, s. 95AA-AC.



    Commonwealth Electoral Act 1918, s. 96.



    Commonwealth Electoral Act 1918, s. 96A.



    Commonwealth Electoral Act 1918, s. 99(4).