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Electoral Law in the State of Western Australia: an Overview

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Electoral Law in the State of Western Australia: an Overview Electoral Law in the State of Western Australia: An Overview Second edition Electoral Law in the State of Western Australia: An Overview Harry C.J. Phillips This book celebrates 100 years of the Electoral Act 1907 Western Australian Electoral Commission Perth 2008 (Second edition 2013) First published in 2008 by the Western Australian Electoral Commission. Second edition 2013. © Western Australian Electoral Commission This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act no part may be reproduced by any process without written permission. Enquiries should be made to the publisher. Bibliography ISBN 978 0 9804173 4 0 This book celebrates 100 years of the Electoral Act 1907. Printed by State Law Publisher Contents Foreword.......................................................................................................ix Acknowledgments ........................................................................................... x Abbreviations.................................................................................................xi Chapter One: The Colonial Legacy................................................................ 1 The Colonial Franchise .......................................................................... 1 The Colonial Voting System.................................................................. 6 Constituency Boundaries........................................................................ 7 Administration of the Electoral Provisions ............................................ 9 Chapter Two: The Franchise ........................................................................ 11 The Abolition of Plural Voting in 1904 ............................................... 11 Women’s Rights to Vote and to Sit in Parliament ............................... 12 Aboriginal Peoples’ Suffrage ............................................................... 15 Legislative Council Franchise Changes ............................................... 16 Voting Rights for 18 Year Olds ........................................................... 18 Legal and Other Disqualifications........................................................ 20 Chapter Three: Electoral Boundaries ........................................................... 23 The Redistribution of 1904 .................................................................. 23 The Redistribution of 1911 and the 1913 Quest .................................. 25 Zoning: Legislative Vote Weighting from 1923 .................................. 27 1947 Metropolitan and Non-Metropolitan Ratio of 1:2 ....................... 29 1965: Increase in Assembly Numbers/Dual Member Provinces in Council............................................................................................. 30 1987: Defined Metropolitan Boundary and Legislative Council Regions ............................................................................................ 32 WA Inc Royal Commission and Commission on Government (COG) .............................................................................................. 33 The Gallop – McGinty Drive ............................................................... 35 Action by the Clerk of the Parliaments ................................................ 37 The Bills Return ................................................................................... 38 Chapter Four: Plurality (First Past the Post) and the Alternative (Preference) Vote in the Legislative Assembly ....................................... 41 The Federal Quest for the Alternative Vote ......................................... 41 v WA Electoral Law Overview Optional Preference Voting (Alternative Vote) in 1907...................... 42 Compulsory preferences in 1911 ......................................................... 44 Labor’s Stance on the Preference Vote................................................ 45 The 1980s............................................................................................. 48 WA Inc Royal Commission (1992) and the Commission on Government (COG) 1995................................................................ 50 Chapter Five: The Legislative Council and Proportional Representation ... 57 Plurality, Provinces and Preferences.................................................... 57 The Quest for Proportional Representation (PR)................................. 58 Legislative Assembly Select Committee (1907).................................. 59 The 1912 Gawler Proportional Representation Motion and Machinery Bill................................................................................. 61 Edith Cowan and Proportional Representation.................................... 64 Labor’s Push for PR in the Legislative Council .................................. 65 National Matt Stephens and Regional PR............................................ 67 The Introduction of PR for the Legislative Council in 1987 ............... 68 Royal Commission and Commission on Government......................... 70 Robson Rotation and the Weighted Inclusive Gregory Method.......... 72 Proportional Representation and Local Government........................... 73 Electoral Understanding of PR-STV ................................................... 74 How to Vote Cards............................................................................... 76 Chapter Six: Postal and Absentee Voting and Compulsory Enrolment and Voting ............................................................................................... 78 Early Enrolment Provisions and a Select Committee Review............. 78 The Electoral Act 1907 Enrolment Provisions .................................... 80 Postal Voting........................................................................................ 81 Absentee Voting and Mobile Polling Booths ...................................... 83 Compulsory Enrolment........................................................................ 84 Compulsory Voting.............................................................................. 86 COG and Public Support for Compulsory Voting............................... 89 Saturday Voting and Voting Hours...................................................... 92 Chapter Seven: Political Party Donations, Registration and Public Funding.................................................................................................... 94 Electoral Expenses............................................................................... 94 Political Donations............................................................................... 96 Party Registration................................................................................. 97 Public Funding..................................................................................... 99 vi HARRY C.J. PHILLIPS Chapter Eight: Court of Disputed Returns and Higher Courts................... 102 The Court of Disputed Returns .......................................................... 102 1905/1906: Holmes/Angwin .......................................................... 103 1906: Brown/Carson....................................................................... 103 1908: Carson/O’Brien .................................................................... 104 1908: Gregory/Buzacott ................................................................. 104 1916: Hamersley/McCabe.............................................................. 104 1934: Franklin/George ................................................................... 105 1944: Boyle/Telfer ......................................................................... 105 1947: Taplin/Hegney...................................................................... 105 1962: Owen/Dunn/Metcalfe........................................................... 106 1977: Bridge/Ridge/Rees ............................................................... 106 1983: Herzfeld/Troy/Coates........................................................... 107 1989: J Clifford (Whitford); JB Read (Mandurah); J Hodge (Melville); EA Ridgway (Swan Hills); BD McLean (Murray); PF Harrop (Whitford); BA Cooper (Wanneroo); ONB Oliver (Swan Hills); KD Hames (Perth); TJ Tyzack (Dianella)...................................... 108 Higher Courts ..................................................................................... 109 McKinlay v The Commonwealth (1975) ....................................... 109 Wilsmore v Western Australia 1979–1982 .................................... 110 Burke v Western Australia (1982).................................................. 110 McGinty & Ors v State of Western Australia (1996)..................... 111 Marquet v Attorney General of Western Australia (2002)............. 113 Attorney-General (McGinty) v Marquet (2003) ............................ 113 Some Recent Decision: Roach (2007) and Rowe (2010) and Fels v Davies (2009).................................................................. 114 Chapter Nine: Electoral Administration: Past and Present ........................ 116 Octavius Burt (to 1906).................................................................. 116 Ernst Gottfried Stenberg JP (1906–1923) ...................................... 117 Theodore Ernest de Landre Cook (1923–1929)............................. 119 Harold Richard Gordon JP (1929–1935)........................................ 120
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