Australian Greens Victoria GPO Box 4589 MELBOURNE VIC 3001 The
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EMC Submission No. 87 Received 30 August 2019 Australian Greens Victoria GPO Box 4589 MELBOURNE VIC 3001 The Executive OFFicer Electoral Matters Committee Parliament House, Spring Street EAST MELBOURNE VIC 3002 30 August 2019 Dear Members oF the Electoral Matters Committee and Executive OFFicer, Please Find attached the submission From the Australian Greens Victoria to your inquiry into the conduct of the 2018 State Election. We are willing to provide more inFormation and expand on any issues raised in this submission as the Committee desires. Kind regards, Rohan Leppert Acting State Director Australian Greens Victoria SUBMISSION By the Australian Greens Victoria To the Electoral Matters Committee’s inquiry into the conduct of the 2018 State Election 1. We welcome the opportunity to provide a submission to the Electoral Matters Committee (the Committee) on the conduct of the 2018 State Election. Our submission is divided into Five themes: 1 - The distortion oF the democratic will oF voters by Group Voting Tickets in the Legislative Council. 2 - Victoria’s two-speed population growth will require a review of the Legislative Council electoral structure. 3 - The role oF Victorian Electoral Commission staFF and Victoria Police in relation to ofFences under the Electoral Act. 4 - The counting and storage oF prepoll votes. 5 - Authorisation oF online political communications. PART ONE: The distortion of the democratic will of voters by Group Voting Tickets in the Legislative Council. 2. The Constitution (Parliamentary Reform) Act 2003 was the most comprehensive reForm of Victoria’s Parliament since its inception in 1856. It amended the Victorian Constitution and the Electoral Act to, among other things, introduce a new electoral structure and voting method For the Legislative Council. 3. In moving the bill’s second reading motion, the then Premier, Steve Bracks, opened his remarks by stating: One oF the most important cornerstones oF our way oF liFe in Victoria is our system of parliamentary democracy. Since coming to ofFice this government has taken many steps to make Victoria a leader in open and accountable government, giving Victorians greater confidence in their elected representatives. The Constitution (Parliamentary ReForm) Bill 2003 is no diFFerent. The momentous initiatives in this bill will bring our Parliament into line with other 1 states and ensure that Victoria has the strongest possible democratic safeguards. 4. The Premier Further argued that, “As recommended by the Constitution Commission, the bill adopts the commonwealth Senate style of voting For the upper house, with the major reform of optional preferential voting below the line… The Bill creates a system oF proportional representation combined with multi-member electorates For the upper house. This method ensures the highest level of regional participation in a way that is consistent with the democratic principle of one vote, one value.” 5. Sixteen years have passed since the assent oF the Constitution (Parliamentary Reform) Act 2003. In our opinion, the Act’s lofty aims for renewed confidence in electoral institutions were achieved at the time, but in 2019 the electoral system that is the legacy of the Act no longer gives Victoria anything like the ‘strongest possible democratic safeguards’ promised. The Committee should assess the purposes of the 2003 Legislative Council reforms and will Find that they are no longer being met. 6. The Constitution Commission’s Final report oF June 2002, on which the Constitution (Parliamentary Reform) Act 2003 was based, makes no mention oF Group Voting Tickets. It noted the problems oF double member electorates (with single member elections every Four years For eight year terms) and the need to transition towards a more representative electoral system, and recommended the adoption oF a Senate-style multi-member proportionally elected house. 7. The gaming oF Group Voting Tickets has increased since that time, and this phenomenon was a key rationale For the reform of the Senate voting system in 2016. The Federal Parliament’s Joint Standing Committee on Electoral Matters published an Interim report on the inquiry into the conduct of the 2013 Federal Election: Senate voting practices, which recommended without dissent that Group Voting Tickets be abolished in the Senate.1 8. In implementing the unanimously agreed recommendation of the Joint Standing Committee, the then Government moved to amend the Commonwealth Electoral Act in 2016. The then Prime Minister, Malcolm Turnbull, noted that the removal of Group Voting Tickets was necessary because “The system has been taken advantage oF. ... The last Senate election was widely criticised. Australians were astonished to see people elected to the Senate whose primary votes were a fraction in the case of one Senator from Victoria, about halF of one per cent of the vote.”2 The then Special Minister oF State, Mathias Cormann, stated that “under the current system, 97 per cent oF people [vote above the line]. At that point, they lose control oF their preFerences. Parties then, through insufFiciently 1 https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/2013_General_Elec tion/Final_Report 2 https://www.Financeminister.gov.au/transcript/2016/02/22/joint-press-conference-prime-minister 2 transparent group and individual voting ticket arrangements, direct what happens with people’s preferences. What we are wanting to do For voters is to ensure that you, the voter, determines where your preferences go, not just your First preference, but also your second, third and fourth and subsequent preferences.” 9. The Greens supported the reForms in the Senate enthusiastically; these are reForms that we have championed in the Commonwealth Parliament since 2004. As modelling predicted, Senate elections since the reform have resulted in a more proportionally elected chamber that Far better represents the will of voters than was achieved in the latter elections under the Group Voting Tickets system. 10. It is a matter of record that the Australian Labor Party supported the abolition of Group Voting Tickets in 2015, through their endorsement oF the Joint Standing Committee’s recommendation, but reversed this position in 2016, by voting against the Commonwealth Electoral Amendment Bill 2016. In arguing against the Bill, every key prediction made by the Australian Labor Party’s Leader oF the Opposition in the Senate about the electoral consequences of the new Senate voting system proved to be wrong.3 11. The Senate’s electoral system has now been reFormed, with the 2016 and 2019 elections having been conducted without Group Voting Tickets, and the influence of ‘preference whisperers’, and parties’ Group Voting Ticket deals have been replaced with a system that respects the will of voters. The Commonwealth has joined New South Wales and South Australia in abolishing Group Voting Tickets From its upper house, and it is time that the Victorian Parliament does the same. 12. To illustrate the distortion oF the will oF voters by the use oF Group Voting Tickets in the Victorian election in 2018, the overall results should First be considered. Some parties are over-represented, and some under-represented, when comparing the results to a purely proportional model: 3 http://theconversation.com/so-how-did-the-new-senate-voting-rules-work-in-practice-63307 3 Table 1: 2018 Victorian Legislative Council Results and Elected MPs compared with their statewide vote Members elected to the MPs that would Legislative have been Members Council as a elected based Party Statewide elected to the proportion of on a purely Legislative Legislative the size of the proportional Party Council % Vote Council chamber model Labor 39.2% 18 45% 16 (15.7) Liberal/Nationals 29.4% 11 27.5% 12 (11.8) Derryn Hinch Justice Party 3.8% 3 7.5% 2 (1.5) Liberal Democrats 2.5% 2 5% 1 (1.0) Animal Justice 2.5% 1 2.5% 1 (1.0) Greens 9.3% 1 2.5% 4 (3.7) Reason 1.4% 1 2.5% 1 (0.5) Shooters, Fishers, Farmers 3.0% 1 2.5% 1 (1.2) Sustainable Australia 0.8% 1 2.5% 0-1 (0.3) Transport Matters 0.6% 1 2.5% 0-1 (0.2) 14. The results For each Region provide some extraordinary examples oF Group Voting Ticket deals catapulting candidates on small primary votes to quota (quota being 16.67% in every case): In Eastern Metropolitan, the lead Transport Matters candidate was elected from a primary vote of 0.62%, or 0.037 of a quota, while The Greens’ lead candidate was not elected From a primary vote of 8.35%, or 0.501 of a quota; a primary vote 13.5 times higher. In Northern Victoria, the lead Liberal Democrats candidate was elected from a primary vote of 3.76%, or 0.226 of a quota, while the Nationals candidate was not elected From a primary vote (after distribution of surplus of First candidate on the ticket) of 14.29%, or 0.857 of a quota; a primary vote 3.8 times higher. In South Eastern Metropolitan, the lead Liberal Democrats candidate was elected from a primary vote of 0.84%, or 0.05 of a quota, while the Liberals’ second candidate was not elected From a primary vote (after distribution of surplus of first candidate on the ticket) of 12.03%, or 0.722 of a quota; a primary vote 14.3 times higher. 4 In Southern Metropolitan, the lead Sustainable Australia candidate was elected from a primary vote of 1.26%, or 0.076 of a quota, while The Greens’ lead candidate was not elected From a primary vote of 12.85%, or 0.771 of a quota; a primary vote 10.2 times higher. 15. In Eastern Metropolitan, the lead Transport Matters candidate’s primary vote of 0.62% was able to be multiplied by preFerences delivered by Group Voting Ticket by a Factor of 26 to achieve the required quota of 16.67%, the result of carefully considered secret deals between parties.