Oz Politics Blog

The Joint Standing Committee on Electoral Matters (JSCEM) has today reported on its Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto.

There are 56 recommendations, so space prevents me from listing them all. Some of the more sensible and contentious follow (I will let you decide which are which).

• proof of identity for enrolment and re-enrolment
• close of electoral rolls to be 8.00pm on the day of the writs
• tightened registration and naming requirements for political parties, and the de-registration and re-registration of all parties not represented in Parliament to ensure they comply with the new rules
• those wishing to cast a provisional vote to produce photographic identification
• four-year terms for the House of Representatives
• voluntary and compulsory voting be the subject of a future inquiry by the JSCEM
• compulsory preferential voting above the line be introduced for Senate elections, while retaining the option of compulsory preferential voting below the line — the practice of allowing for the lodgement of Group Voting Tickets (only number one above the line) be abolished
• compulsory preferential voting for the House of Representatives be retained
• trial remote electronic voting for overseas Australian Defence Force and Australian Federal Police personnel, and for Australians living in the Antarctic

Fellow bloggers John Quiggin and William Bowe (aka The Poll Bludger) get quoted extensively on pages 275-283, and appear to have had a positive influence on the JSCEM — particularly given the horror stories circulating of wholesale reform of the Electoral Act as it applies to the internet. (Remember this article by Misha Schubert in the The Age on 16 March 2005).

Notwithstanding the acknowledged difficulties, the report discusses some changes to the regulation of the internet that could affect blog-based commentary on elections, and more particularly the political satire web sites.

Recommendation 44

12.29 The Committee recommends that the AEC review section 328 of the Commonwealth Electoral Act to devise authorisation requirements for electoral advertisements, as distinct from general commentary, on the internet.

12.30 In drafting these amendments, the AEC should ensure that the definition of published electoral matter specifies that the authorisation requirements are also to apply to material republished on the internet. In this instance, the AEC should determine a cut off point for disclosure of authorisations, such as whether disclosure of the original sponsor, as well as of the immediate re-publisher of the material, will be sufficient.

12.31 The Committee also considers there may be merit in a broader review of authorisation requirements within s328 of the Electoral Act, to ensure greater transparency of financial disclosures or party political affiliations.

12.32 The AEC may consider, for example, the feasibility of setting requirements for registration of the names of web domains commenting on political matters. This could also include consideration of requirements for identification of political party sponsorship on any websites making political commentary

Recommendation 45

12.33 The Committee recommends that the AEC review section 328 of the Commonwealth Electoral Act to enhance the accountability and transparency of the electoral process.

William Bowe should be particularly pleased with the recommendation to remove section 350 from the Electoral Act (recommendation 46). That section provides criminal actions and penalties for defamation against electoral candidates. A candidate dissatisfied with William’s (most excellent) electorate guide initiated a private prosecution against William for an alleged breach of section 350.