A New Local Government Electoral Act: Review of the Local Government Electoral System (Excluding BCC)

Total Page:16

File Type:pdf, Size:1020Kb

A New Local Government Electoral Act: Review of the Local Government Electoral System (Excluding BCC) LEGISLATIVE ASSEMBLY OF QUEENSLAND LAW, JUSTICE AND SAFETY COMMITTEE A new Local Government Electoral Act: Review of the local government electoral system (excluding BCC) NOVEMBER 2010 REPORT NO. 78 LAW, JUSTICE AND SAFETY COMMITTEE 53RD PARLIAMENT COMMITTEE Chair Ms Barbara Stone MP, Member for Springwood Deputy Chair Mr Andrew Cripps MP, Member for Hinchinbrook Members Mr Jarrod Bleijie MP, Member for Kawana Mr Steve Kilburn MP, Member for Chatsworth Mr Ray Stevens MP, Member for Mermaid Beach Mr Murray Watt MP, Member for Everton Hon. Dean Wells MP, Member for Murrumba SECRETARIAT Acting Research Director Ms Renee Easten Principal Research Officer1 Ms Amanda Honeyman Executive Assistant Mrs Gail Easton Copies of this report and other Committee publications are available on the Committee’s website at www.parliament.qld.gov.au/jjsc Law, Justice and Safety Committee Parliament House George Street Brisbane Qld 4000 Telephone: (07) 3406 7307 Facsimile: (07) 3406 7070 Email: [email protected] 1 The Committee thanks Ms Simone Gregory for her research assistance with this report. CHAIR’S FOREWORD Local Government is often described as the level of government that is closest to the people. With this closeness comes an expectation from communities that their elected representatives will be responsive to their needs, will strive in their best interests, and will be accountable to them. The most consistent message the Committee heard across Queensland is that people want representation. They want to know who their local representatives are and to be able to contact their councillors when they need them. They want their local councillors to understand the needs of their particular area, to provide effective representation of the community’s needs and to be held accountable in fulfilling their duties as an elected representative. The Committee heard that where large councils are undivided, the ‘local’ element of local government can become lost. The Committee recognises these concerns and has addressed the issue of divisional arrangements in chapter 4 of this report. Although community focus was on the issue of divided and undivided councils, media attention was given to the different voting systems applying at different levels of government. This stemmed from comments made by the Australian Electoral Commission in the wake of the recent Federal Election that inconsistency of voting systems between the different levels of government has contributed to an increase in informal voting. The Committee’s consideration of voting systems is in chapter 13 of this report. The Committee also heard numerous calls for consistency and harmonisation of electoral arrangements across all levels of government. A number of the Committee’s recommendations support a move towards harmonisation of electoral arrangements. In closing, I thank all those who assisted the Committee in its inquiry and I also thank the many people within local government for their hard work and commitment to their local areas. Ms Barbara Stone MP Chair A new Local Government Electoral Act: Page i Review of the local government electoral system (excluding BCC) A new Local Government Electoral Act: Page ii Review of the local government electoral system (excluding BCC) TABLE OF CONTENTS Chair’s Foreword ......................................................................................................................i Recommendations ..................................................................................................................1 1. The Committee and this Inquiry ..........................................................................................5 2. Consultation ........................................................................................................................6 2.1 Briefings.................................................................................................................6 3. Background .........................................................................................................................7 3.1 Electoral and Administrative Review Commission Report.....................................7 3.2 Parliamentary Committee for Electoral and Administrative Review.......................7 3.3 The Local Government Electoral Act and recent reforms......................................8 3.3.1 The Local Government Reform Commission.............................................8 3.3.2 Local Government Act 2009 ......................................................................9 4. Divisions............................................................................................................................10 4.1 Current provisions................................................................................................10 4.2 Other Australian jurisdictions...............................................................................11 4.3 What the Committee heard..................................................................................14 4.4 Conclusion...........................................................................................................17 5. Conduct of Elections .........................................................................................................19 5.1 Current provisions................................................................................................19 5.2 Other Australian jurisdictions...............................................................................19 5.3 What the Committee heard..................................................................................19 5.4 The cost of local government elections ...............................................................20 5.5 Conclusion...........................................................................................................22 6. Timing of Elections............................................................................................................24 6.1 Current provisions................................................................................................24 6.2 Other Australian jurisdictions...............................................................................24 6.3 What the Committee heard..................................................................................25 6.4 Conclusion...........................................................................................................26 7. Candidates ........................................................................................................................28 7.1 Current provisions................................................................................................28 7.2 Other Australian jurisdictions...............................................................................29 7.3 What the Committee heard..................................................................................29 7.4 Conclusion...........................................................................................................32 8. Campaign funding and disclosure .....................................................................................34 8.1 Current provisions................................................................................................34 A new Local Government Electoral Act: Page iii Review of the local government electoral system (excluding BCC) 8.2 Requirements for candidates for Queensland’s Legislative Assembly ................34 8.3 Other Australian jurisdictions...............................................................................36 8.4 What the Committee heard..................................................................................39 8.5 Conclusion...........................................................................................................40 9. Electoral Signage ..............................................................................................................42 9.1 Current provisions................................................................................................42 9.2 State and Federal provisions...............................................................................42 9.3 Other Australian jurisdictions...............................................................................43 9.4 What the Committee heard..................................................................................45 9.5 Conclusion...........................................................................................................48 10. Compulsory Voting ..........................................................................................................50 10.1 Current provisions................................................................................................50 10.2 Other Australian jurisdictions...............................................................................50 10.3 What the Committee heard..................................................................................51 10.4 Conclusion...........................................................................................................52 11. Pre-Poll, Absent and Postal Voting .................................................................................53 11.1 Current provisions................................................................................................53 11.2 Other Australian jurisdictions...............................................................................54
Recommended publications
  • AC Compulsory Voting
    Cy-Fair HS Novice Affirmative Case Sept.-Oct 2013- Compulsory Voting “The vote is the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible walls which imprison men because they are different from other men.” Because I agree with these words of former President Lyndon B. Johnson, I stand firmly Resolved: In a democracy, voting ought to be compulsory. According to the Merriam-Webster Dictionary, ought is defined as implying obligation or advisability. Compulsory voting is defined as a system in which electors are obliged to vote in elections or attend a polling place on voting day. If an eligible voter does not attend a polling place, he or she may be subJect to punitive measures.. The value that the affirmative defends is governmental legitimacy. Since a legitimate government must fulfill its obligations to it’s people, a legitimate democracy must strive to be consistent with its core ideals. Thus, the criteria is being consistent with the fundamental characteristics of democracy. As defined in his book Democracy and It’s Critics, Robert Dahl explains that in addition to the concept of “one-person-one-vote”, democracies have four distinguishing characteristics: 1. Effective participation 2. Enlightened understanding of issues 3. Control of the political agenda 4. Inclusiveness Whichever debater’s position is most consistent with these characteristics is being most consistent with democratic legitimacy and should win the debate. 1 Cy-Fair HS Novice Affirmative Case Sept.-Oct 2013- Compulsory Voting My single contention is that compulsory voting is most consistent with the fundamental characteristics of democracy.
    [Show full text]
  • Vote by Mail: Election Controversy in the Time of the Coronavirus Civil Conversation (Civcon) Lesson OVERVIEW
    + Vote by Mail: Election Controversy in the Time of the Coronavirus Civil Conversation (CivCon) Lesson OVERVIEW Our pluralistic democracy is based on a set of common principles such as justice, equality, liberty. These general principles are often interpreted quite differently in specific situation by individuals. Controversial legal and policy issues, as they are discussed in the public arena, often lead to polarization, not understanding. This civil conversation activity offers an alternative. In this structured discussion method, under the guidance of a facilitator, participants are encouraged to engage intellectually with challenging materials, gain insight about their own point of view and strive for a shared understanding of issues. OBJECTIVES By participating in civil conversation, students: 1. Gain a deeper understanding of a controversial issue. 2. Use close reading skills to analyze a text. 3. Present text-based claims. 4. Develop speaking, listening, and analytical skills. 5. Identify common ground among differing views. DISCUSSION FORMAT Time: Conversations for classroom purposes should have a time limit, generally ranging from 15 to 45 minutes and an additional five minutes to reflect on the effectiveness of the conversations. The reflection time is an opportunity to ask any students who have not spoken to comment on the things they have heard. Ask them who said something that gave them a new insight that they agreed or disagreed with. Consider the length/difficult of the text(s) students will use and how experienced in student-directed discussion your students are in determining the time. Small Groups: This discussion strategy is designed to ensure the participation of every student.
    [Show full text]
  • The Political Effects of Electronic Voting in India
    Technology and Protest: The Political Effects of Electronic Voting in India † Zuheir Desai∗ Alexander Lee April 7, 2019 Abstract Electronic voting technology is often proposed as translating voter intent to vote totals better than alternative systems such as paper ballots. We suggest that electronic voting machines (EVMs) can also alter vote choice, and, in particular, the way in which voters register anti- system sentiment. This paper examines the effects of the introduction of electronic voting machines in India, the world’s largest democracy, using a difference-in-differences methodol- ogy that takes advantage of the technology’s gradual introduction. We find that EVMs are as- sociated with dramatic declines in the incidence of invalid votes, and corresponding increases in vote for minor candidates. There is ambiguous evidence for EVMs decreasing turnout, no evidence for increases in rough proxies of voter error or fraud, and no evidence that machines with an auditable paper trail perform differently from other EVMs. The results highlight the interaction between voter technology and voter protest, and the substitutability of different types of protest voting. Word Count: 9995 ∗Department of Political Science, University of Rochester, Harkness Hall, Rochester, NY 14627. Email: [email protected]. †Department of Political Science, University of Rochester, Harkness Hall, Rochester, NY 14627. Email: alexan- [email protected]. 1 Introduction Social scientists have long been aware that voting technology may have important
    [Show full text]
  • Nber Working Paper Series Valuing the Vote
    NBER WORKING PAPER SERIES VALUING THE VOTE: THE REDISTRIBUTION OF VOTING RIGHTS AND STATE FUNDS FOLLOWING THE VOTING RIGHTS ACT OF 1965 Elizabeth U. Cascio Ebonya L. Washington Working Paper 17776 http://www.nber.org/papers/w17776 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 January 2012 We thank Bill Fischel, Alan Gerber, Claudia Goldin, Naomi Lamoreaux, Ethan Lewis, Sendhil Mullainathan, Gavin Wright and seminar participants at Dartmouth College, Hunter College and the University of Miami for helpful conversations in preparation of this draft. Cascio gratefully acknowledges research support from Dartmouth College, and Washington gratefully acknowledges research support from the National Science Foundation. All errors are our own. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer- reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2012 by Elizabeth U. Cascio and Ebonya L. Washington. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Valuing the Vote: The Redistribution of Voting Rights and State Funds Following the Voting Rights Act of 1965 Elizabeth U. Cascio and Ebonya L. Washington NBER Working Paper No. 17776 January 2012, Revised August 2012 JEL No. D72,H7,I2,J15,N32 ABSTRACT The Voting Rights Act of 1965 (VRA) has been called one of the most effective pieces of civil rights legislation in U.S.
    [Show full text]
  • Spillover from High Profile Statewide Races Into Races
    COLLECTIVE AND COMPONENT CONSTITUENCIES: SPILLOVER FROM HIGH PROFILE STATEWIDE RACES INTO RACES FOR THE HOUSE OF REPRESENTATIVES by GREGORY J. WOLF (Under the Direction of Jamie L. Carson) ABSTRACT It is widely known that turnout is substantially lower during midterm elections than it is in presidential elections. However, little research has addressed how turnout varies state by state. It is hypothesized that competitive high profile races increase turnout. Additionally, increases in turnout should impact races down the ballot through coattail effects. These hypotheses are tested in on- and off-year elections, expecting different results due to the presence of the presidential race at the top of the ticket in on-years. The results indicate competitive high profile races significantly increase turnout. Additionally, states with same-day voter registration have higher turnout rates than states that do not. Coattails are extended from the presidential race to House races in on-years and from Senate and gubernatorial races in off-years. Surprisingly, Senate races are the only types of races that see enhanced coattail effects when the race is competitive and they are negative in nature. INDEX WORDS: elections, congress, constituency, coattails, turnout COLLECTIVE AND COMPONENT CONSTITUENCIES: SPILLOVER FROM HIGH PROFILE STATEWIDE RACES INTO RACES FOR THE HOUSE OF REPRESENTATIVES by GREGORY J. WOLF B.A., The University of Pittsburgh, 2007 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS ATHENS, GEORGIA 2009 © 2009 Gregory J. Wolf All Rights Reserved COLLECTIVE AND COMPONENT CONSTITUENCIES: SPILLOVER FROM HIGH PROFILE STATEWIDE RACES INTO RACES FOR THE HOUSE OF REPRESENTATIVES by GREGORY J.
    [Show full text]
  • How to Run Pandemic-Sustainable Elections: Lessons Learned from Postal Voting
    How to run pandemic-sustainable elections: Lessons learned from postal voting Hanna Wass1*, Johanna Peltoniemi1, Marjukka Weide,1,2 Miroslav Nemčok3 1 Faculty of Social Sciences, University of Helsinki, Finland 2 Department of Social Sciences and Philosophy, Faculty of Humanities and Social Sciences, University of Jyväskylä, Finland 3 Department of Political Science, University of Oslo * Correspondence: [email protected] Keywords: pandemic elections, postponing elections, electoral reform, voter facilitation, convenience voting, postal voting Abstract The COVID-19 pandemic has made it clear that the traditional “booth, ballot, and pen” model of voting, based on a specific location and physical presence, may not be feasible during a health crisis. This situation has highlighted the need to assess whether existing national electoral legislation includes enough instruments to ensure citizens’ safety during voting procedures, even under the conditions of a global pandemic. Such instruments, often grouped under the umbrella of voter facilitation or convenience voting, range from voting in advance and various forms of absentee voting (postal, online, and proxy voting) to assisted voting and voting at home and in hospitals and other healthcare institutions. While most democracies have implemented at least some form of voter facilitation, substantial cross-country differences still exist. In the push to develop pandemic- sustainable elections in different institutional and political contexts, variation in voter facilitation makes it possible to learn from country-specific experiences. As accessibility and inclusiveness are critical components of elections for ensuring political legitimacy and accountability, particularly in times of crisis, these lessons are of utmost importance. In this study, we focus on Finland, where the Parliament decided in March 2021 to postpone for two months the municipal elections that were originally scheduled to be held on April 18.
    [Show full text]
  • None of the Above: Protest Voting in the World's Largest Democracy*
    None Of The Above: Protest Voting in the World’sLargest Democracy Gergely Ujhelyi, Somdeep Chatterjee, and Andrea Szabóy February 29, 2020 Abstract Who are “protest voters” and do they affect elections? We study this question using the introduction of a pure protest option (“None Of The Above”) on Indian ballots. To infer individual behavior from administrative data, we borrow a model from the consumer demand literature in Industrial Organization. We find that in elections without NOTA, most protest voters simply abstain. Protest voters who turn out scatter their votes among many candidates and consequently have little impact on election results. From a policy perspective, NOTA may be an effective tool to increase political participation, and can attenuate the electoral impact of compulsory voting. We thank Sourav Bhattacharya, Francisco Cantú, Alessandra Casella, Aimee Chin, Julien Labonne, Arvind Magesan, Eric Mbakop, Suresh Naidu, Mike Ting, and especially Thomas Fujiwara for useful com- ments and suggestions. We also thank seminar participants at Oxford, Columbia, WUSTL, Calgary, the 2016 Wallis Institute Conference, the 2016 Banff Workshop in Empirical Microeconomics, NEUDC 2016, and the 2016 STATA Texas Empirical Microeconomics conference for comments. Thanks to seminar participants at the Indian Statistical Institute Kolkata, Indian Institute of Technology Kanpur, and Public Choice Society 2015 for feedback on an earlier version. We gratefully acknowledge use of the Maxwell/Opuntia Cluster and support from the Center for Advanced Computing and Data Systems at the University of Houston. A previous version of the paper circulated under “‘None Of The Above’Votes in India and the Consumption Utility of Voting”(first version: November 1, 2015).
    [Show full text]
  • Postal Voting and Electoral Fraud: a Reply to Richard Mawrey QC
    democraticaudit.com http://www.democraticaudit.com/?p=3646 Postal voting and electoral fraud: a reply to Richard Mawrey QC By Democratic Audit Postal votes have long been a source of suspicion, with allegations of fraud seemingly never far away. But while recent allegations by Richard Marrey QC should be taken seriously, it is not in reality a particularly widespread problem, nor something which routinely effects the results of important elections. More serious, argues Toby S. James, is the continuing problem of under-registration and disengagement with the political system, which could be further reinforced by the removal of the postal voting option. The third news item on the Today programme at 8.00am yesterday morning was that a judge had called for postal voting to be scrapped because of concerns about ballot rigging. Postal voting was ‘not viable’, the judge claimed. We might therefore imagine that new evidence or revelations had been unearthed about the levels of electoral fraud in Britain, something that a lot of academics and organisations such as the Electoral Commission have been very keen to establish because of the consequences it would have for British democracy. The substance of the story, however, was largely the claim from Richard Mawrey QC made in an interview with John Humphrys that postal voting made electoral fraud ‘on an industrial scale’ possible in the UK. This was not news, however. Mr Mawrey first famously criticised postal voting nine years ago when he claimed that electoral fraud would disgrace a “banana republic”. The prominence of the story on the Today programme and the BBC website perhaps owed more to the scheduling of Radio’s File On 4 programme, which focussed on electoral fraud last night.
    [Show full text]
  • 2008 Post Election Survey Report to Congress
    DEPARTMENT OF DEFENSE Eighteenth Report: 2008 Post Election Survey Report March 2011 This report has been prepared by the staff of the Federal Voting Assistance Program Washington, DC Executive Summary This is the eighteenth report on military and overseas absentee voting progress since the enactment of the Federal Voting Assistance Act of 1955. It covers the period from 2004 through 2008, with a focus on the November 2008 general election. The Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA), 42 USC §1973ff et sec, covers the voting rights of absent Uniformed Services members1 (including the Coast Guard, the Commissioned Corps of the Public Health Service, and the National Oceanic and Atmospheric Administration), and the Merchant Marine, whether residing within the United States or abroad, as well as their dependents of voting age. UOCAVA also covers all other U.S. citizens residing outside the United States. UOCAVA requires the States and territories to allow these citizens to register and vote in elections for Federal office using absentee voting procedures and provides the authority for the administration of Federal voting assistance responsibilities. UOCAVA covers an estimated 6 million citizens, including two to four million overseas citizens not affiliated with the government, 1.51 million Active Duty members, and 1 million military dependents.2 Management of the program requires coordination with Executive Branch departments and agencies, the Congress, State and local governments, political parties, and national and overseas voting organizations. In October 2009, UOCAVA was amended by the Military and Overseas Voter Empowerment Act (MOVE Act) which was enacted as part of the FY 2010 National Defense Authorization Act (P.L.
    [Show full text]
  • ¿Quién Vota? Compulsory Voting and the Persistence of Class Bias In
    ¿Quien´ Vota? Compulsory Voting and the Persistence of Class Bias in Latin America Yanilda Gonzalez´ Steven A. Snell Harvard Kennedy School Duke University yanilda [email protected] [email protected] August 31, 2015 Abstract Universal suffrage does not guarantee universal participation. Scholars diagnose the dis- parity in turnout between rich and poor as an important democratic deficit and propose com- pulsory voting as a key institutional remedy. While countries with compulsory have higher turnout rates, it is unclear whether compulsory voting meaningfully alleviates inequality in turnout. The present work examines the extent to which compulsory voting mitigates the class bias common to voter turnout. We draw on evidence from Latin America, a region character- ized by widespread compulsory voting laws and high economic inequality. We demonstrate that compulsory voting results in higher turnout only when enforced and that the gains in turnout are primarily among the poor. We also find, however, that unequal turnout persists even under strict compulsory voting systems. We further demonstrate that disadvantaged cit- izens are less likely to vote in countries with strict enforcement of compulsory voting rules due to structural barriers that disproportionately affect the poor, such as a voter identification requirement, as opposed to political disinterest. 1 Universal suffrage does not guarantee universal participation. For almost a century, political observers have shown that enfranchised citizens occasionally or even routinely abstain from voting. The earliest explorations of abstention (e.g., Arneson 1925; Merriam & Gosnell 1924) highlight that certain groups of citizens are more likely than others to abstain, thereby rendering election outcomes potentially unrepresentative of the citizenry.
    [Show full text]
  • Political Knowledge and the Paradox of Voting
    Political Knowledge and the Paradox of Voting Edited by Sofia Magdalena Olofsson We have long known that Americans pay local elections less attention than they do elections for the Presidency and Congress. A recent Portland State University study showed that voter turnout in ten of America’s 30 largest cities sits on average at less than 15% of eligible voters. Just pause and think about this. The 55% of voting age citizens who cast a ballot in last year’s presidential election – already a two-decade low and a significant drop from the longer-term average of 65-80% – still eclipses by far the voter turnout at recent mayoral elections in Dallas (6%), Fort Worth (6%), and Las Vegas (9%). What is more, data tells us that local voter turnout is only getting worse. Look at America’s largest city: New York. Since the 1953 New York election, when 93% of residents voted, the city’s mayoral contests saw a steady decline, with a mere 14% of the city’s residents voting in the last election. Though few might want to admit it, these trends suggest that an unspoken hierarchy exists when it comes to elections. Atop this electoral hierarchy are national elections, elections that are widely considered the most politically, economically, and culturally significant. Extensively covered by the media, they are viewed as high-stakes moral contests that naturally attract the greatest public interest. Next, come state elections: though still important compared to national elections, their political prominence, media coverage, and voter turnout is already waning. At the bottom of this electoral hierarchy are local elections that, as data tells us, a vast majority of Americans now choose not to vote in.
    [Show full text]
  • "I Voted": Examining the Impact of Compulsory Voting on Voter Turnout Nina A
    Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2016 "I Voted": Examining the Impact of Compulsory Voting on Voter Turnout Nina A. Kamath Claremont McKenna College Recommended Citation Kamath, Nina A., ""I Voted": Examining the Impact of Compulsory Voting on Voter Turnout" (2016). CMC Senior Theses. Paper 1286. http://scholarship.claremont.edu/cmc_theses/1286 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. CLAREMONT MCKENNA COLLEGE “I VOTED”: EXAMINING THE IMPACT OF COMPULSORY VOTING ON VOTER TURNOUT SUBMITTED TO Professor Manfred Keil AND Professor Eric Helland AND Dean Peter Uvin By Nina Kamath For Senior Thesis Fall 2015 November 30, 2015 Department of Economics ii iii Abstract Over the past few decades, falling voter turnout rates have induced governments to adopt compulsory voting laws, in order to mitigate issues such as the socioeconomic voter gap and to bring a broader spectrum of voters into the fold. This paper presents evidence that the introduction of mandatory voting laws increases voter turnout rates by 13 points within a particular country through an entity- and time-fixed effect panel model. Moreover, it includes a discussion of the implications of adopting mandatory voting policies within the United States, finding that compelling citizens to vote would have increased participation rates to over 90 percent in the past four presidential elections. iv Acknowledgements First, I want to thank my parents for their unconditional love, support, and encouragement. I would also like to thank Professor Manfred Keil, Associate Professor of Economics at Claremont McKenna College, for his valuable guidance and support in completing this senior thesis.
    [Show full text]