Electoral matters
The Poll Bludger has a good summary of last night’s changes to the electoral laws.
Update: According to the explanatory memorandum, the new laws will:
- increase a number of the disclosure thresholds to above $10,000 (with legislated Consumer Price Index increases) with effect from the date of introduction of this Bill;
- reduce the close of rolls period to provide that, in general, the roll will close at 8.00 pm on the third working day after the issue of the writ. However, persons who are not on the roll (with two exceptions, set out below) will not be added to the roll in the period between 8.00 pm on the day of the issue of the writ and polling day. The exceptions are for persons who are not on the roll who are either: 17 year olds who will turn 18 between the day the writ is issued and polling day; or who will be granted citizenship between the issue of the writ and polling day. Persons in these categories can apply for enrolment up until the close of rolls at 8.00 pm three working days after the day on which the writ is issued
- introduce a proof of identity requirement for people enrolling or updating their enrolment by requiring that they provide their driver’s licence number on their enrolment application. If they do not have a driver’s licence, the elector can show a prescribed identity document to a person who is in a prescribed class of electors and who can attest to the identity of the applicant. If an elector does not have a driver’s licence or a prescribed identity document, then they must have their enrolment application signed by two electors who can confirm the applicant’s name and who have known the applicant for at least one month;
- establish a proof of identity requirement for provisional voting. An elector (other than a silent elector) who wants to cast a provisional vote on polling day will need to show either their driver’s licence or a prescribed identity document (of the same type required for enrolment proof of identity) to an officer either at the time of casting the provisional vote or by close of business on the Friday following polling day. If the elector cannot show the document in person, they may post, send by facsimile or email an attested copy to the Australian Electoral Commission (AEC). Ballot papers will only be admitted to the count if the provisional voter has provided suitable identification and, if they were not enrolled, if their omission from the roll was the result of an AEC error;
- abolish the requirement for broadcasters and publishers to lodge disclosure returns;
- require that paid electoral advertising on the Internet be authorised in the same manner as printed electoral advertisements;
- require that third parties (people other than registered political parties, candidates, Members of the House of Representatives, Senators, and Commonwealth departments and agencies) must complete annual disclosure returns if they incurred expenditure for a political purpose or received gifts over the disclosure threshold which enabled them to incur expenditure for a political purpose during a financial year;
- increase nomination deposits for election candidates to $500 for candidates for the House of Representatives and $1,000 for Senate candidates with the threshold for returning the nomination deposit remaining at four per cent;
- provide for access to the roll by persons and organisations that verify, or contribute to the verification of, the identity of persons for the purposes of the Financial Transaction Reports Act 1988 and provide that such use is not subject to the commercial use prohibition;
- require that, in the future, divisional offices must be located within divisional boundaries unless otherwise authorised by the Minister;
- provide for the automatic deregistration of all currently registered political parties six months after Royal Assent, with exceptions for parliamentary parties and parties with past representation in the Federal Parliament. Any political party that is deregistered will be required to re-apply for registration, and must comply with the current requirements in the Electoral Act, including the existing naming provisions. Political parties that re-apply for registration within 12 months of deregistration under this scheme will not be required to pay the $500 application fee;
- extend the definition of ‘associated entity’ to include entities with financial membership of a registered political party and entities on whose behalf a person exercises voting rights in a registered political party;
- amend the voting entitlement provisions so that all prisoners serving a sentence of full-time detention will not be entitled to vote, but may remain on the roll, or if not enrolled, apply for enrolment. Those serving alternative sentences such as periodic or home detention, as well as those serving a non-custodial sentence or who have been released on parole, will still be eligible to enrol and vote;
- expand the AEC’s demand power in subsection 92(1) of the Electoral Act to enable access to information held by State and Territory Government agencies for the purpose of preparing, maintaining and revising the rolls; and
- amend the Income Tax Assessment Act 1997 to increase the level of tax-deductible contributions and gifts, whether from an individual or corporation, to political parties and independent candidates from $100 to $1,500 in any income year.
Update: Alan Ramsey