Report to Parliament on the 2018 Victorian State election 1 The VEC pays respect to Victoria’s traditional owners and their elders past and present who have been custodians of this country for many thousands of years. Their living culture and their role in the life of Victoria is acknowledged by the VEC. © State of Victoria (Victorian Electoral Commission) October 2019 This work, Report to Parliament on the 2018 Victorian State election, is licensed under a Creative Commons Attribution 4.0 licence [http://creativecommons.org/licenses/by/4.0/]. You are free to share this work under that licence, on the condition that you do not change any content and you credit the State of Victoria (Victorian Electoral Commission) as author and comply with the other licence terms. The licence does not apply to any branding, including Government logos. While 192,000 more electors voted than in 2014, one key indicator – elector turnout – fell. At 90.16%, this was nearly 3% below that of 2014 and the lowest turnout since 1945. This is addressed in the report but it does reflect the wider situation in Australia. It may in part be a consequence of the very high enrolment participation existing in Victoria where, through direct enrolment action, 96.60% of the estimated eligible voting population is enrolled. The 2018 State election was notable in several areas. At the close of roll, over 4.14 million electors were registered to vote – an increase of over Foreword 333,000 electors in a four-year period, in turn increasing the demand for voting services across Victorian electors went to the polls on 24 the State. Early voting was again popular, with November 2018 to elect the 59th Victorian 36.77% of voters choosing to vote early (in person) Parliament, with the Australian Labor Party in the two weeks before election day. Specifically, returned to Government, winning 55 of the 88 1.37 million electors, including those interstate seats contested in the Legislative Assembly. and overseas, took up the early voting option, The Liberal Party won 21 seats, the National with a further 281,770 casting a vote by post, Party six seats, the Australian Greens three assisted by a new online postal vote application seats, and independent candidates were elected system. This shift in voting behaviour required to three seats. The writs were returned to the the VEC to adjust its ballot paper processing Governor of Victoria, the Hon Linda Dessau and counting so that first preference results on AC, on 14 December 2018, as scheduled. election night were known for most votes. The conduct of Parliamentary elections is a core To achieve this, the VEC established 103 early activity of the Victorian Electoral Commission voting centres, directed processes around (VEC), requiring disciplined and early planning, “home district” early vote ballot paper counting, careful management of staff and resources, and centralised the postal vote process including strict adherence to electoral law. These elements distribution, receipt and counting, and concentrated are now in sharper focus given the environment initially on Lower House ballot papers. This in which a State election is conducted: electors was assisted by legislation allowing the VEC to changing their voting behaviour, increasing service process early and postal votes several hours expectations, relevant election information at call in advance of the close of the poll. At the close and the desire for immediate yet accurate results. of election night, 79% of the Lower House total vote had been counted. This was a remarkable Planning commences two years prior to the achievement and gave great confidence in the election in the form of a published Service Plan, early identification of the incoming Government. that details how the organisation will deliver a successful and legally compliant election. At the time of the election, the election there were 23 political parties on the State Register; For 2018, the aim was to have ‘Every eligible three chose not to contest the election. One Victorian voting in an election that is fully party, the Flux Party, had its registration refused compliant with State law, transparent, fair and just prior to the election on the basis that the accurate and delivered to the highest standards party did not have enough confirmed members with efficiency and enthusiasm’. This was met, to satisfy legislation. The Flux Party referred with most key performance targets achieved. the decision to the Victorian Civil Administration Tribunal (VCAT), which upheld the VEC’s Yan Yean District after the endorsed Liberal earlier determination. I note that 16 parties did candidate was dis-endorsed by that party after not achieve at least 4% of the first preference the close of nominations. While these matters votes in the electorates they contested and were resolved, they were time-consuming, taking have consequently had their registration the Commissioner and Deputy Commissioner reviewed. Three parties voluntarily de-registered away from the oversight of election operations. rather than complete the review process. This demand on senior staff will be reviewed. There were 887 candidates this election, just nine The VEC expanded its use of digital less than in 2014. In the 88 Legislative Assembly communications to engage with the electors districts, there were 507 candidates. In seven of Victoria. While television, print media, direct districts there were three candidates and in the mail, online and outdoor advertising made up district of Melton there were 12 candidates. There a large component of the VEC’s campaign, were 380 candidates contesting 40 Legislative for the first time the VEC contacted electors Council vacancies. In South-Eastern Metropolitan by email or SMS. Some two million electors Region, candidate numbers were the largest received three short alerts reminding them of at 53. All candidates were active, as expected, enrolment, voting options and important dates. yet along with their supporters varied in the This and a very engaging Facebook presence way they approached their assignment. A small and active Twitter dialogue ensured all electors number were aggressive in their exchanges with had the information needed via their channel of electors and in their dealings with each other. choice to participate in the election. This was Police were called on several occasions and supplemented by a public enquiry service. the VEC imposed a limitation on campaigner numbers at one early voting location. As always, a focus of procedures was the handling, security and accounting arrangements Amendments to governing legislation prior to around ballot papers and other critical the election were significant and late in their documents. Physical security was assisted passage through Parliament. The Electoral by the introduction of mobile metal cages for Legislation Amendment Act 2018 received royal ballot paper storage and the tracking and assent on 31 July 2018 and while elements of positive handover of all critical material. this Act relating to the introduction of a political donation disclosure regime did not come into As an extension of physical security, attention operation until after the election, there were was given to result integrity oversight and the many elements that had an immediate impact. use of various data sets and analytics to identify These elements included the introduction of possible accounting, counting and reporting political party logos onto ballot papers, changes mismatches. This was an important function to postal voting provisions, the simplifying of in managing close seats. Ripon District, with how-to-vote card registration requirements and a final margin of 15 votes, was the subject of the removal of personal declaration provisions to a petition to the Court of Disputed Returns. vote early. There were also signage and election This petition was discontinued with the consent campaigning restrictions imposed outside voting of all involved parties on 7 May 2019. centres, requiring constant management. The VEC’s preparedness for a disruption event Distinct from previous elections, the VEC during the election was much improved on appeared in VCAT for three separate how-to- previous years. A new Business Continuity vote card matters where a party or candidate Framework, desktop exercise regime and disagreed with the VEC’s decision. One matter an established alternative operating site was appealed in the Supreme Court. In addition, increased executive confidence in its ability the VEC responded to an injunction application to provide continuity in voting services and to on its decision not to reprint ballot papers for administer the election. Offsite data replication also figured. These measures were further the VEC’s computer count application. Below-the- enhanced by very close liaison with Emergency line ballot paper data was entered twice: once for Management Victoria and Victoria Police. initial entry and the second time as verification of the data entered. Of note, below-the-line ballots Information communications technology systems cast in this election increased significantly from and applications performed very well. Earlier 2014, with over 300,000 electors voting below auditing of systems and an extensive maturity the line – an increase from 6.08% to 8.87%. review identified potential vulnerabilities in the security and stability of the VEC’s network and Arising from this election, assuming elector these were corrected well before the election. The numbers and their voting conduct