Submission to Joint Standing Committee on Electoral Matters Inquiry Into All Aspects of the Conduct of the 2019 Federal Election and Matters Related Thereto
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Submission to Joint Standing Committee on Electoral Matters Inquiry into all aspects of the conduct of the 2019 Federal Election and matters related thereto Thank you for the opportunity to make a submission. I live in Warringah, I voted in the 2019 Federal election and I make the following submission regarding Warringah and the 2019 Federal election. Issue 1: Misleading & deceptive election conduct and material In Australia the public has protection against misleading and deceptive conduct, under both consumer law and corporate law1. The public is generally aware of and used to this protection. It is illegal for a business to engage in conduct that misleads or deceives or is likely to mislead or deceive consumers (or other businesses). The law applies even if the business did not intend to mislead or deceive anyone, or no one has suffered any loss or damage as a result of the conduct. We need this same protection regarding election conduct and material. For a free and fair election and a functional democracy, the public needs accurate and correct information, to decide how to vote. During the 2019 Federal election period, many voters told me they believed the statements made by politicians, and believed the information on political advertising including print and social media. They were unaware that candidates, politicians and political parties can make misleading and deceptive statements about their own policies and about other candidates, politicians, political parties and policies. Voters cannot make valid voting decisions from misleading and deceptive election material. Examples In Warringah the incumbent published a large volume of election advertising material that included misinformation about the candidate Zali Steggall. The misinformation included that: 1 Section 18 of the Australian Consumer Law provides: (1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive. (Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Section 1041H of the Australian Corporations Act provides: (1) A person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive. (Australian Corporations Act 2001 (Cth)). Page 1 of 7 - “A vote for Steggall is a vote for Shorten”. This was not correct. Zali Steggall opposed certain Labor’s policies such as regarding changes to negative gearing and franking credits. Zali Steggall did not direct preferences to Labor. - That Zali had never voted Liberal. This was not correct. Zali Steggall said she has voted for Liberal candidates at elections including State elections. It was widely circulated that Labor was introducing a death tax, this was untrue. Misinformation was published on social media and amplified with paid social media advertising. The ABC reported on Treasurer Josh Frydenberg, Corangamite MP Sarah Henderson, Hughes MP Craig Kelly, Senator Jane Hume, Queensland Coalition MP George Christensen, Queensland state Liberal National MP Colin Boyce, and One Nation leader Pauline Hanson referring to a death tax in the lead-up to and during the election campaign. https://www.abc.net.au/news/2019-05-09/money-pumped-into-federal-election-death-tax- scare-campaign/11092802 Suggestions That misleading & deceptive election conduct and material be prohibited, in line with consumer and corporate law protection, such as the protections for consumers in the Australian Consumer Law. That candidates, politicians, political parties and third parties be required to explain their own policies in a way that is not misleading or deceptive. That candidates, politicians, political parties and third parties be prohibited from making misleading or deceptive statements about other candidates, politicians or parties. Sample image Examples of Labor death tax image (aka inheritance tax) Page 2 of 7 Issue 3. Pre-polling period and conduct Pre-polling booths were open for 3 weeks. Many votes are cast in pre-polling booths so the appearance of the booth, and conduct at that booth, is important for a free and fair election. A free and fair election requires that each candidate can have representation at each pre- polling booth to help voters obtain information about each candidate. It requires significant resources for each candidate to have with signage and volunteers at each pre-polling booth with signage and volunteers. Large political parties generally have more volunteers, and more funds compared to smaller parties and independents, for signage, flyers and paid staff resources. It causes disruption to the public to have a significant number of people and significant signage at each pre-polling booth. At the pre-polling booths in Warringah there were issues with parties putting up signs on traffic signs which is dangerous and takes Council time and effort to monitor. There were significant numbers of volunteers representing the incumbent. There were issues with harassment of volunteers for Zali Steggall. Suggestions That pre-polling be one week not three weeks. That each candidate be permitted to have a set number of pre-polling volunteers and signage at each pre-polling booth, for example maximum of 2 volunteers (and no paid staff) and a maximum of 2 standard corflute size signs, at each pre-polling booth. That police, Council, and Australian Electoral Commission (AEC) personnel have the right to require removal of signage in breach of this. Issue 4. Election booth conduct Election booths are facilities open to all voters to vote. Many votes are cast in election booths on election day, so the appearance of the election booth, and conduct at that booth, is important for a free and fair election. There are a high number of election booths, and many booths have multiple entry points. It requires significant resources to have representation at each booth and gate, with signage and volunteers to hand out how-to-vote cards. Large political parties will generally have more volunteers and more signs at each election booth compared to smaller parties and independents. Page 5 of 7 The Liberal party arrived at public schools in Warringah around the time that the students, including primary school students as young as five years old, were leaving the school. There was behaviour including wrapping long sections of public primary school fences and churches in Liberal party advertising material. Large scale signage from one party does not represent the voting intentions of the school or church community, does not reflect community values regarding use of plastic and generating waste, does not reflect that this is a public election booth for all candidates, and does not permit other candidates to have reasonable access to the election booth. For a free and fair election and democracy, it is important that voters can obtain information about each candidate, to help voters decide how to vote. This includes reasonable and fair use by the candidates of the election booth for signage and via volunteers with how to vote cards. Suggestions: That parties be permitted to access public polling booths from 7 am on the morning of the election, and not before. That police, Council personnel, AEC personnel and school personnel have the right to require removal of signage put up before this time. That each candidate be permitted to have a set number of volunteers and signage at each election booth, for example a maximum of 2 volunteers (and no paid staff), and a maximum of 2 signs (up to standard corflute size), at each election booth gate. Issue 5. Use of AEC colours and misleading statements on casting a valid vote In Kooyong and Chisholm, on election day the Liberal party put up AEC-styled signs next to official AEC signs. These said in Chinese: “CORRECT VOTING METHOD” then told voters “the correct voting method” was to put a “1” next to the Liberal candidate and then number the rest of the boxes from lowest to highest. The signs bore no Liberal branding or other indication they were political advertising. The signs had an authorisation by the Liberal Party in English, but not in Chinese. The signs looked like an attempt to mislead voters in relation to what they were required to do in order to cast a valid vote. Suggestions: That no political party be permitted to create signs with the colours, look and feel of the AEC or any other Australian Government regulatory body. That all political advertising includes an English translation, and that the political party authorisation be in the same language and in English. That no candidate be permitted to direct voters that a particular voting preference is the way to cast a valid vote in Australia. Page 6 of 7 Issue 6. Timely disclosure of private political donations It is important for a free and fair election and a functional democracy, that voters have information about which bodies are funding candidates, politicians, political parties, as the bodies making private political donations have influence. Currently the AEC monitors donations to political parties and publishes a yearly list of political donors. The disclosure is after election day and the disclosure threshold is $10,000. Issues with this include: It is possible for private donors to make undisclosed donations to political parties in a range of ways. It is possible for the identities of private donors to be hidden such as when funding is made via associated entities. It is possible for donations that are significantly larger than the disclosure threshold to be made without disclosure. Private donors such as companies can donate up to $90,000 without public disclosure, to one party, by making donations just under the disclosure threshold, to the national branch and all the eight state and territory branches of a political party – up to nine donations of just under $10,000 each.