Standing Committee on Electoral Matters ~~::::~ Secretary

ROBERT MCCLELLAND MP M~MSER FOR BAItTON SI-~ADOWATTORNEY-GENERAL SHADOW MINISTER FOR WORJcI’LACEI RELATIONS

The Secretary Joint Standing Committee on Electoral Matters Parliament House CANBERRA 2600

Dear Secretary

RE~INOWRY INTO ThE CONDUCtOF THE 2001 FEDERALELECTION

Thank you for your correspondence of d May 2002 inviting submissions in respect to the cohduct of2001 Federal election.23 I would like to make a brief submission In respectto an aspect ofthe conduct of the election In my electorate of Barton. Essentially the matter I would like to raise is referred to in the attached correspondence~

(a) To the District Returning Officer on election day th November 2001; (b) Follow up correspondence to the Australian Electoral10 Commissioner dated 14th February 2001. You will note 1 have not received a formal response to either of my letters. Essentially, and, In summary, the essence of my complaint to the Australian Electoral Commission was the fact that on election day, the Unity Party candidate in Barton distributed How to Vote material which was contrary to the How to Vote material that had been authorised and foreshadowed by the Unity Party itself1 As I point out in the attached correspondence there had been representation by the Unity Party in New South Wales that Unity Party candidates would distribute their second preference vote to the relevantAustralian Labor Party candidate in respective Federal electorates1 Indeed, the Unity Party prepared formal printed How to Vote brochures for distribution on election day which, In many instances were distributed and which, in accordance with the decision ofthe Unity Party itself, gave preferences to me as to the Australian Labor Party candidate in the Federal electorate of Barton.

ELECTORATE 0FFIC~22 REGENT STREET, KOGARAH, N.S.W. 2217 • i~,O.~ox 27 KOGARAI.I, NS.W. 1485 TELEl~HoN~i(02) 9587 2344 • FACSIMILE: (02) 9587 8047 PARLtAMENT HOUSE CANe~RRAACT 2600 TELEPHONE: (02) 6277 4323 • FACSIMILE: (02) 6277 8442 EMAIL ADDRESSI r.mccleI1~ndmpc~iaph.gov.au TT/~d E~YOH LP882.856 ~ dN CNT1TDDN ~UO~ TS:t~T ~OO~flflf”P Page 2 The local candidate running under the title of “Unity Party” distributed different electoral material which, was a photocopy of the official Unity Party authorised How to Vote card with altered preference numbering. This, I believe, induced or, at the very least, had the potential to Induce people to record a vote that was not in accordance with theIr understanding and, accordingly, intention. As members of the Committee may well understand the distribution of the altered How to Vote brochures by persons representing the local Unity Party candidate (as opposed to the Unity Party), caused considerable distress which, In several booths, lead to disturbance indeed, In once instance I was called to attend a polling booth in Rockdale where it had been necessary to call the local police to resolve the difference of opinion. in that Instance after phoning the respective Head Office ofthe Unity Party and the campaign director ofthe local Unity Party candidate, the police officers reached the conclusion that the photocopied brochure should be withdrawn. During the course ofthe day the Australian Electoral Commission adopted several different positions in respect to the matterwhich, in Itself, further aggravated the anxiety of many campaign workers and, if anything, aggravated the situation1 This is the third election in which I have been a candidate for election in Barton and in my capacIty as a Member of the Australian Labor Party I have worked on virtually every Federal election campaign In Barton since I was 12 years old1 On each previous occasion the conduct of participants from all parties has been exemplary and volunteers from all parties have generally conducted themselves with appropriate courtesy and respect on polling booths1 I appreciate that there is a fine argument as to whether or not the alteration of the How to Vote material constituted an irregularity forthe purpose ofthe Electoral Act in the sense thatthat concept has been narrowly construed In relevant authorities. Nevertheless, the matter is one that requires rectification either by way of legislative amendment or administrative practice. A possible legislative amendment the Committee might consider whether It is necessary to expand the concept ofelectoral irregularityto Include a situation where a candidate issues voting instructions which are contrary to those issued by the party Which they represent or purport to represent1

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From the point of view of possible administrative action it might be thatthe Australian Electoral Commission should require candidates to lodge a copy of their How to Vote perhaps 48 hoUrs before polling day1 I trust these representations will be ofassistance to the inquiry however if any additional Information is required please do not hesitate to contact me. Yours sincerely

ROBERT McCLELLAND MP Member for Barton Shadow Attorney General Shadow MinIster for Workplace Relations wwwjomc~//and.wm

2 July 20O2

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MEMBER FOR BARTON SHADOW ATTORNEV~GENFRAL

10 November” MrMichael Riches Divisional Returning Officer Level 2,21 King Street Rockdale 2216 Fax 9599 3589 Dear Mr Riches

I referto our conversation at approximately midday today.

I confirm that I drew your attention to a serious breach ofsection 329 ofthe Commonwealth ElectoralAct1918 by a candidate in the electorate ofBarton, Mr JobnLau. I understand that you have previouslybeenprovided with the following documents:

(1) a copy ofthe official How To Vote card forUnity; (2) a copy oftheHow To Vote card beingdistributed on behalfofMrLan; (3) a copy ofa letter from Paul Mortimer, the Party Agent forUnity, to yourself as the Returning Officer forBarton.

TheUnity Party haveproduced a how-to-vote (HTV) card for the seat ofBarton that gives preferences to theAustralian LaborParty candidate (RobertMcClelland) before the Liberal Party candidate (SanBrennan). Supporters oftheUnity Party are handingout those UTVcards at polling booths today, Saturday 10 November 2001.

However, I confirm, earlieradvice which has beenprovided to you, that MrLau has causedto be distributed a How To Vote card which is identical to the official How To Vote card exceptin respect ofthepreferences. MrLan’s version preferences Ms Jan BrennanaboveMr MeClelland.

I confirm that theHTV card distributed by MrLaupurports to be the official Unity HTVcard. It is not.

Clearly the false card which has been distributed will have mislead and, if not urgently recalled, will continue to mislead electors in the casting ofa vote. Voters who wish to vote forthe Unity Party will be misled ifthey follow theNfl’ distributed by or on behalfofMr Lau.

ELECTORATE QFrtca~22 REGENT STRaET, I’COGARAM, N.S.W. 2217 P.O. Box 27 KOc~ARAH,N,S.W. 1465

TELaPHONE; (02) 9587 2344 t FACSCMILE; (02) 9587 8047 PARLiAMENT HOUSE CANDERRA ACT 2600 TELEpHONE: (02) 6277 4323 a FACStMILE: (02) 6277 8442 EMAIL ADDRESS; r.mcc!efland. mp©aph.gov.au

TT/Sd E&YON LPOBLBSB 20 dW CNUT1J1D3W m3ao~ ES:t’T aOOEflflf ~j7 I confirm my viewthat the breachof the electoralAct which has occun~edwas intentional in that I observed severalrepresentatives of Mr Lan at the Waltz Street Booth attempt to camouflage thefactthat theywere handingout Mr. Lau’s HTV by holdingthe officialblue Unity HTV on thetop oftheirHTVpile and drawing Mr. Lau’s photocopied HTV from thebottom ofthepile.

I confirm that while I waspresent I did not observe those persons to hand out the officialUnity HTV and accordingly their conduct continued to be in Breach ofthe Act Requested action I confirmthe requested action, communicated to you by my campaign director, much earlier today, that theAEC instruct all persons handing out the false HTV card to cease doing so iniinediately.

I understandthat action is ~owbeing taken, however I must express my regret at the delayed response by the Barton Divisional Office in respect to this seriousmatter.

I conflnn that I reserve all rigbts that Imight have as a result ofthis unfortunate incident in what has otherwise been an extremely efficient and fair electoral process.

Yours sincerely

RobertMcClelland Memberfor Barton Shadow Attorney General

CC Andy Becker Electoral Commissioner Australian Electoral Conirnissiori CANBERRA ACT 2600 By Fax: 02 6271 4522

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Mr Andy Becker Australian electoral Commission Central Office West Block Building Queen Victoria Terrace PARKES 2600 Dear Mr Becker

RE:.D1.SThrnUTION OF UNITY HOW TO VOTE.PAMPHLETS IN THE FEDERAL ELECTORAtE OF BARTON~iQT~NOVEMBER .2001 I am enclosing for your consideration a copy of my letter to Mr Michael Riches, Divisional Returning Officer for Barton dated 10th November 200L You will note the letter refers to the distribution of a how to vote card for the Unity Part in the Federal Electorate of Barton on election day. In summary, the Unity candidate Mr Lau distributed a how to vote card which was different from that which had been authorised by the Unity Party itself. I regard the issue with some concern because the Unity Party had, prior to the election represented to voters In New South Wales that the Unity Party was p~eferencingthe Australian Labor Party in all NSW elections. Upon receiving that information from the Unity Party itself citizens who were intending to vote for the Unity Party were entitled to assume that their second preference would go to the Australian Labor Party candidate ahead of the Liberal Party candidate. In those circumstances I think there was a substantial prospects that voters who voted in accordance with the preference distribution advocated by Mr I~aumay not have voted in accordance with their actual desire. The basic response of officers ofthe Australian Electoral Commission on the day was that the matter was in essence an internal party matter within the Unity Party arid not one that concerned the Australian Electoral Commission7 Quite frankly, I think that response is adequate and the matter does require legislative attention because of the prospect of voters being mislead by similar conduct in the future.

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I would appreciate your response in respectto this matter. Yours sincerely

ROBERT McCLELLAIID MP Shadow Attorney General Shadow Minister for Workplace Relations M~i4w.ra~ert,frxc/e//c1nd.cvm 14 February 2002

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