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Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013

Schedule 1 Commonwealth Electoral Act 1918

   

1  Subsection 4(1)

Insert:

candidate group , in relation to a Senate election, means:

                     (a)  all of the candidates who have made a particular joint request under section 168 that their names be grouped in the ballot papers; or

                     (b)  a candidate that:

                              (i)  is a Senator; or

                             (ii)  in the case of an election following a dissolution of the Senate—just before the dissolution, was a Senator;

                            and has not joined in a request under section 168 in relation to the election.

candidate voting square , for a candidate in a Senate election, means the square printed opposite the name of the candidate on the ballot paper in accordance with paragraph 210(1)(b).

group voting square , for a candidate group, means the square printed above the names of the candidates in the group on the ballot paper in accordance with paragraph 210(2)(b).

2  Subsection 169(4)

Repeal the subsection, substitute:

             (4)  A request made under subsection (1) in respect of a candidate or candidates that are a single candidate group may include a further request that:

                     (a)  the name of the registered political party that endorsed the candidate or candidates; or

                     (b)  a composite name formed from the registered names of the registered political parties that endorsed the candidates;

be printed on the ballot papers adjacent to the group voting square for the group.

3  Section 210

Repeal the section, substitute:

210   Ballot papers for Senate elections

             (1)  In printing the ballot papers to be used in a Senate election:

                     (a)  the names of the candidates in candidate groups must be printed before the names of the candidates who are not in candidate groups; and

                     (b)  except as otherwise provided by the regulations, a square must be printed opposite the name of each candidate.

             (2)  The names of the candidates in candidate groups must be printed in accordance with the following rules:

                     (a)  the order of the candidate groups must be determined by the Australian Electoral Officer in accordance with section 213;

                     (b)  except as otherwise provided by the regulations, a square must be printed above each candidate group;

                     (c)  in the case of a candidate group consisting of candidates by whom requests have been made under section 168—the names of the candidates must be printed in a group in accordance with the request:

                              (i)  in the case of a group to which paragraph 168(1)(a) applies—in the order the Australian Electoral Officer determines in accordance with section 213; or

                             (ii)  in the case of a group to which paragraph 168(1)(b) applies—in the order specified in the request.

             (3)  The names of the candidates not in candidate groups must be printed in accordance with the following rules:

                     (a)  the order of the names of the candidates must be determined by the Australian Electoral Officer in accordance with section 213;

                     (b)  unless paragraph (c) applies—the names of the candidates must be printed in a single column;

                     (c)  if a single column would be longer than the longest column containing the names of candidates in candidate groups—the names of the candidates may be printed in 2 or more columns;

                     (d)  if the names of the candidates are printed in 2 or more columns—none of the columns may be longer than the longest column containing the names of candidates in candidate groups.

             (4)  The names of 2 or more candidates may be arranged with such description or addition as will distinguish the candidates from one another, if the similarity of the names of the candidates is likely to cause confusion.

Note:          See also section 214 (Printing of political party names etc. on ballot papers).

4  Subsection 210A(5)

Omit “squares printed, in accordance with subsection 211(5),”, substitute “group voting squares printed”.

5  Sections 211 and 211A

Repeal the sections.

6  Subsection 213(1)

Before “groups” (first occurring), insert “candidate”.

7  Section 214

Repeal the section, substitute:

214   Printing of political party names etc. on ballot papers

             (1)  In printing the ballot papers to be used in an election, the following must be printed adjacent to the name of each candidate:

                     (a)  in the case of a candidate in respect of whom the registered officer of a registered political party made a request under subsection 169(1)—the name of the registered political party;

                     (b)  in the case of a candidate in a candidate group to which section 168 applies and who, together with another candidate in the group, has been endorsed by a registered political party—the registered name of the registered political party;

                     (c)  in the case of a candidate who made a request under section 169A—the word “Independent”.

             (2)  In printing the ballot papers to be used in a Senate election, the following must be printed adjacent to the group voting square for each candidate group:

                     (a)  in the case of a candidate group to which section 168 applies:

                              (i)  if all the candidates in the group were endorsed by the same registered political party—the registered name of the registered political party; or

                             (ii)  if the registered officer of a registered political party made a request under subsection 169(4) in respect of the group—the name requested;

                     (b)  in the case of a candidate group to which section 168 does not apply:

                              (i)  if the name of a registered political party must be printed adjacent to the name of the candidate under paragraph (1)(a) of this section—that name of the registered political party; or

                             (ii)  if the candidate made a request under section 169A—the word “Independent” and the name of the candidate.

8  Section 216

Repeal the section.

9  Subsection 226(3)

Repeal the subsection.

10  Subparagraph 227(8)(a)(i)

Omit “, group voting tickets registered for the purposes of the election”.

11  Paragraph 239(1)(a)

Omit “square opposite the name of”, substitute “candidate voting square for”.

12  Paragraph 239(1)(b)

Repeal the paragraph, substitute:

                     (b)  writing the numbers 2, 3, 4 (and so on, as the case requires) in the candidate voting squares for as many of the remaining candidates as the person wishes (subject to subsection (1A)), so as to indicate the order of the person’s preferences for them.

13  At the end of subsection 239(1)

Add:

Note:          See section 270 (about non-consecutive numbers).

14  Subsection 239(2)

Repeal the subsection, substitute:

          (1A)  A person must indicate at least as many preferences under subsection (1) as there are candidates to be elected.

             (2)  In a Senate election a person may mark his or her vote on the ballot paper by:

                     (a)  writing the number 1 in a group voting square; and

                     (b)  writing the numbers 2, 3, 4 (and so on, as the case requires), in as many other group voting squares (including none) as the person wishes.

Note:          See section 270 (about non-consecutive numbers).

15  Subsection 239(3)

Omit “square printed on a ballot paper under subsection 211(5) or 211A(6)”, substitute “single group voting square, and has not marked any other group voting square”.

16  At the end of paragraph 239(4)(a)

Add “or”.

17  Paragraphs 239(4)(b) and (c)

Omit “opposite that name”, substitute “in the candidate voting square for that candidate”.

18  At the end of paragraph 268(1)(a)

Add “or”.

19  Paragraph 268(1)(b)

Repeal the paragraph, substitute:

                     (b)  subject to section 269, in a Senate election:

                              (i)  it has no vote indicated on it; or

                             (ii)  it does not indicate the voter’s first preference for 1 candidate and the order of his or her preferences for as many candidates as are to be elected; or

20  At the end of paragraph 268(1)(c)

Add “or”.

21  Paragraph 269(2)(b)

Omit “paragraph 239(1)(a)”, substitute “subsections 239(1) and (1A)”.

22  Subsections 269(3) and (4)

Repeal the subsections.

23  Section 270

Repeal the section, substitute:

270   Non-consecutive numbers in ballot papers for Senate selections

             (1)  Disregard any number in a candidate voting square in a ballot paper for a Senate election if the number is not part of a sequence of consecutive numbers in candidate voting squares commencing with the number 1.

             (2)  Disregard any number in a group voting square in a ballot paper for a Senate election if the number is not part of a sequence of consecutive numbers in group voting squares commencing with the number 1.

Note:          See subsection 239(3) and paragraph (3)(b) of this section if a voter has marked a tick or a cross in a group voting square and has not marked any other group voting square.

             (3)  In determining, for the purposes of this section, whether a number is part of a sequence of consecutive numbers:

                     (a)  any number that is repeated is disregarded; and

                     (b)  the number 1 is treated as being part of a sequence of consecutive numbers (unless it is disregarded under paragraph (a)).

24  Section 272

Repeal the section, substitute:

272   Senate ballot papers treated as having been marked according to above-the-line preferences

             (1)  For the purposes of section 273, a ballot paper in a Senate election that has been marked in accordance with subsection 239(2) is treated as having been marked in the following way:

                     (a)  the ballot paper indicates the voter’s first preference for the first candidate in the candidate group the group voting square for which is marked 1;

                     (b)  the ballot paper indicates the voter’s next preferences for the remaining candidates (if any) in that group, in the order in which the names of the candidates are listed in the ballot paper;

                     (c)  if there is a sequence of consecutive numbers commencing with the number 1 in some or all of the group voting squares, the ballot paper indicates the voter’s next preferences, after the preferences mentioned in paragraphs (a) and (b), for the candidates in the candidate groups for those squares:

                              (i)  in the order of groups indicated by the sequence of numbers, commencing with the number 2; and

                             (ii)  within each group—in the order in which the candidates are listed in the ballot paper.

             (2)  In considering, for the purposes of subsection (1), whether numbers are in a sequence of consecutive numbers, any number that is repeated must be disregarded.

25  At the end of paragraphs 273(5)(a), (b), (c) and (d)

Add “and”.

26  Paragraph 273(5)(f)

Omit “marked otherwise than in accordance with subsection 239(2)”.

27  At the end of subsection 273(7)

Add:

Note:          It is possible that, because of the exhaustion of ballots (see subsection (26)), not all the vacancies will be filled by candidates who have received a number of votes equal to or greater than the quota (even after transfers under subsections (9), (10), (13) and (15)). In this case, the last continuing candidates will be elected: see subsections (17) and (18).

28  At the end of subsection 273(18)

Add “(notwithstanding that the number of votes for each of those candidates is below the quota).

29  Subparagraph 351(1)(b)(i)

Omit “square opposite the name of”, substitute “candidate voting square for”.

30  Schedule 1, Form E

Omit “single figure 1 in one and only one of these squares to indicate the voting ticket you wish to adopt as your vote”, substitute “number 1, and such further numbers as you wish, to indicate that you wish to vote for the candidates in the columns you have numbered, in the order in which you have numbered the columns and in the order in which the candidates are listed in each column”.

31  Schedule 1, Form E

Omit “or” (wherever occurring adjacent to a square).

32  Schedule 1, Form E

Omit “to (7)”, substitute “to (6), or such further numbers as you wish,”.

33  Schedule 1, Form E

Omit “or composite name of registered political parties”, substitute “, composite name of registered political parties or word ‘Independent’,”.

34  Schedule 1, Form E

Omit “(7) Here insert number of candidates.”.

35  Application of amendments

The amendments made by this Schedule apply in relation to elections the writs for which are issued on or after the commencement of this item.