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May 2021 newsletter Electoral Regulation Research Network Contents 3 Director’s Message 4 Electoral News 7 Event Reports 8 Forthcoming Events 9 Publications 10 Case Notes The Australian Institute for Progress Ltd v The Electoral Commission of Queensland Johnston v The Greens NSW Incorporated Petersen v Nolan Fry v Victorian Electoral Commission Matthew Harris, State Director of the National Party of Australia – Victoria v Victorian Electoral Commission ERRN Director’s Message: May 2021 A year ago when I was writing my message As the events indicate, ERRN activities ERRN will also continue to provide key for the first ERRN newsletter for 2020, deal with a mix of contemporary electoral research resources. The Electoral Law Victoria was in the middle of its first lock- events and broader developments and Library hosted by AUSTLii continues to down; the 2020 plan for ERRN activities, challenges for Australia’s democracy. provide legal resources on Australian devised in pre-pandemic days, was Forthcoming events show a similar electoral law. The working paper abandoned and I can say with all honesty character. The Western Australian chapter series will continue with a forthcoming that I was not certain whether ERRN will be having a seminar on early voting paper on regulating truth in political would be in a position to organize its usual in the 2021 Western Australian State advertisements. Early this year, ERRN number of activities. As it turned out, the Elections whilst the Victorian chapter will released an important report by Dr Yee-Fui creativity and dedication of the ERRN organise an event on the 2021 Victorian Ng (Monash University) on Regulating convenors shone through and ERRN held 10 local government elections. Broader Money in Democracy: Australia’s Political events online, a number of them securing issues being tackled by ERRN seminars Finance Laws Across The Federation - the unprecedented levels of attendance. include: the female gender cap amongst report is the most complete overview of candidates for federal seats (Queensland contemporary Australian political finance The 2020 experience has contributed to chapter); political finance (Tasmanian laws to date. And of course, there is the ERRN striking a steady beat in 2021. As I chapter); reform of the Commonwealth ERRN newsletters which are one of its kind write this message, four highly successful House of Representatives (ACT chapter); in providing comprehensive coverage of (online) events have already been held: voting according to age cohorts (Victorian electoral law developments and cases. the Western Australian chapter has held chapter); and understanding and reducing two events, one on the recent Western informal voting (South Australian chapter). Professor Joo-Cheong Tham, Australian State Elections and another (in Melbourne Law School conjunction with the Australia and New There will also be international Zealand School of Government) on the perspectives examined. The ACT chapter struggle for integrity with money in politics; will hold an event examining primary the Queensland chapter has held a seminar elections in Australia and the United States. on ‘Data-Driven Campaigning, Electoral I will be leading a project that will provide Regulation & Australian Democracy’ based a study of digital campaigning and political on a book by Dr Glenn Kefford (University finance in the Asia and the Pacific region, of Queensland); and a seminar has also be a project undertaken in collaboration with held by the South Australian chapter on the International Institute for Democracy ‘Towards a Workable Legal Regime for Truth and Electoral Assistance (International in Political Advertising’. IDEA), an intergovernmental organisation dedicated to promoting sustainable democracy. Electoral Regulation Research Network newsletter - May 2021 3 Electoral News News April-October 2020 In other news, the Joint Standing COMMONWEALTH Committee on Electoral Matters published its report on the 2019 Federal Election. It NEW SOUTH WALES noted that 2019 saw the most complete electoral roll and best turnout in the history of the nation. It also called for significant electoral reforms, including optional preferential voting and robson rotation for lower house elections, expanded voter-ID requirements, and tighter limits on early voting. JSCEM has since moved In December 2020, electors in the on to inquiries into the administration of Early voting for the Upper Hunter By- Queensland seat of Groom attended the elections during emergencies (such as a Election was underway at time of writing. polls to vote for a replacement for the global pandemic) (due to report in July) and The election, triggered by the resignation former Turnbull Government Minister John into the operation of the Commonwealth’s of Nationals MP Michael Johnson, saw a McVeigh, who resigned to care for his ill foreign donations ban (to report end of this crowded field of candidates: the Greens, wife. The Liberal-Nationals retained the month). One Nation, the Liberal Democrats, the seat, with Garth Hamilton comfortably Shooters, Fishers and Farmers Party, Labor elected. Also in December, the question Finally, the Australian Electoral and the Nationals all nominated, alongside of Northern Territory representation in Commission was busy at time of writing three independents. Polling Day is the 22nd the lower house — flagged last newsletter with an investigation into the many and of May. — was resolved, with the Government various social media accounts of Andrew legislating to keep the Territory’s two seats. Laming, Liberal MHR for Bowman. In Earlier, in October, the state’s Joint Seat numbers in other states were also March, the Guardian reported that Standing Committee on Electoral under review, by way of redistributions. Laming had set up dozens of Facebook Matters published its report on the March saw publication of draft plans for accounts, some masquerading as news conduct of the 2019 state election. It Western Australia and Victoria. In the case pages and community groups, to promote recommended a shortening of the early of the former, the Liberal seat of Stirling was political content. If found to be in breach voting period and the exemption of travel set for abolition, with significant changes to of authorisation rules, it would be the and accommodation from campaign Christian Porter’s seat of Pearce. In Victoria, first application of stronger penalties expenditure caps, amongst many smaller there will be some small suburb-swaps established by reforms passed after the recommendations. It steered away from that could umake for closer contests next 2016 election. proposals for a short-form Legislative election, but the biggest changes were to Council ballot, which would have given the surf coast seat of Corangamite, to be electors voting above-the-line a simplified renamed Tucker, and shifted to be more ballot paper; and from the expansion of centred on Geelong, while a new seat, the iVote online voting system. It also Hawke, will be created to cover suburbs on recommended the state’s status quo the western fringe of Melbourne. continue for third-party expenditure caps, and went in the opposite direction to the federal JSCEM with regards to voter ID, recommending that no ID be required to vote in NSW elections. Electoral Regulation Research Network newsletter - May 2021 4 JSCEM also joined the chorus of voices Meanwhile, the state parliament’s electoral back to the incumbent, Margaret Strelow, calling for additional funding for the matters committee has been carrying but an investigation by the Councillor New South Wales Electoral Commission out an inquiry into the influence of social Conduct Tribunal found her guilty of (reported on last newsletter). In March media. Hearings, which included evidence misconduct, resulting in her resignation it emerged that funding levels would from major platforms, like Facebook, that November. Under Queensland’s rules, be headed in the other direction, with focused on disinformation and the the mayoralty defaulted to the runner- the Government planning $4.45 million possibility of introducing truth in political up from the original elections — one in cuts to the electoral commission advertising laws. Chris “Pineapple” Hooper, an anti-Adani over the next four years. Cuts were also activist and self-described ‘ratbag’. Alas planned for the Independent Commission This came as the parliament considered Pineapple’s reign never quite materialised: against Corruption ($3.4 million), the a reform to ban preference harvesting by the state government retrospectively Law Enforcement Conduct Commission way of a bill presented by Reason MLC, amended council election laws to provide ($3.3 million), the NSW Ombudsman Fiona Patten. The Bill would prohibit any for a by-election. Pineapple contested ($3.4 million) and the NSW Audit Office one person being paid by multiple parties the subsequent by-election but lost ($375,000). or candidates to coordinate group ticket handsomely to sitting councillor Tony preferences. The legislative council passed Williams. Finally, the Electoral Districts a first reading of the bill in November 2020, Redistribution Panel published its draft despite the objections of the “preference electoral boundaries for the state last whisperer” himself, Glenn Druery. SOUTH AUSTRALIA November. The safe Labor seat of Lakemba in Sydney’s inner south-west, currently held by Opposition frontbencher Jihad QUEENSLAND Dib, was set for the chopping block, while a new seat, Leppington, was proposed
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