Submission to the Joint Standing Committee on Electoral Matters

Submission to the Joint Standing Committee on Electoral Matters Inquiry into the current rules and practices in relation to campaign activities in the vicinity of polling places

As at 7/17/2015

Liberal National Party Queensland Po Box 940 Spring Hill Qld 4004

Contents

1. Introduction 1

2. Context 2 - 3

3. General Principles 3

4 Distribution of ‘how-to-vote’ cards 3 - 5

5 Campaigning by organisations other than political parties at polling places 5 - 7

6 Allegations in relation to the conduct of, and material disseminated by, campaigners at state and federal elections in the vicinity of polling places intended or likely to mislead or intimidate electors 8 - 11

7 Other Matters 11- 13 Effective Enforcement & Adequate Resourcing 11 - 12 Education 12 Legislative harmonisation 12 Environmental Organisations in receipt of tax deductible deductions 12 - 13

8 Conclusion 13

Committee Secretary Joint Standing Committee on Electoral Matters PO Box 6021 Parliament House Canberra ACT 2600

Email: [email protected]

Dear Committee Secretary

1. Introduction

1.1 The Liberal National Party of Queensland (the LNP) responds to the Joint Standing Committee on Electoral Matters invitation for submissions to its inquiry into the current rules and practices in relation to campaign activities in the vicinity of polling places (the inquiry) with particular reference to: • The distribution of ‘how-to-vote’ cards; • Campaigning by organisation other than political parties at polling places • Allegations in relation to the conduct of, and material disseminated by campaigners at state and federal elections in the vicinity of polling places intended or likely to mislead or intimidate electors; and • Any other related matter.

1.2 The LNP’s comments are submitted on behalf of its membership and are confined to issues which relate to the terms of reference.

2. Context

2.1 The submission framework establishes the general principles on which this document rests and addresses the Inquiry’s term of reference with information drawn from Member’s experiences and knowledge.

2.2 Drawn from experiences of the LNP’s membership practices at recent Queensland elections in relation to campaign actives in the vicinity of polling booth we recommend to the Inquiry: 1. Registration of all (third party and political party) ‘how-to-vote’ cards apply at all Federal Elections (by-election and general) be included in the Commonwealth Electoral Act (the Electoral Act) to augment the 2010 amendments referring to the definition of a ‘how-to-vote’ card; 2. Registration should be extended to all election matter distributed within a nominated distance from a polling booth. Otherwise, the requirement for registration is easily avoided by designing a document which is outside the definition of an HTV card. 3. Any additional regulatory requirements, essentially, must be underpinned with the effective enforcement and adequate resourcing. 4 Training for all Australian Electoral Commission (AEC) staff so that they are able to undertake their respective duties according to the regulatory requirements.

5. Harmonisation or consistency of electoral regulation across federal, state and local jurisdictions to minimise confusion and drive greater awareness of and compliance. 6. Provision of information sessions or classes for campaign and booth volunteer workers.

2.3 Australia is a great democracy in which elections are generally conducted peaceably and voters are able to exercise their franchise freely and without impediment or harassment. The LNP prides itself on a positive campaign culture that encourages polite and respectful engagement with voters and persons promoting the cause of alternative views. Our party seeks to comply with the Commonwealth Electoral Act 1918 at all times.

2.4 Elections provide a platform for important face-to-face communication between candidates and their supporters, and members of the voting public. This is a central characteristic of our nation’s democracy that should be preserved. The engagement with voters over the course of an election campaign and on polling day provides valuable opportunity for voters to compare and contrast the qualities and policy platforms of the respective parties and individual candidates.

2.5 Regulatory measures should ensure the primacy of the participants in the electoral process, namely the candidates and the political parties (without inappropriately restricting the constitutional rights of other players).

3. General Principles

3.1 The LNP believes there are five principles that should underpin the inquiry: 1. The Australian Constitution upholds an implied freedom of communication on political matters. 2. Community engagement during election campaigns, including polling day, is a central tenet of our democracy and a core value of the Liberal National Party. 3. Individuals have the right to cast their vote without impediment, intimidation or coercion. 4. Any regulation must be clearly defined and, in practical terms. 5. Voting systems at federal, state and local level should be as consistent as circumstances allow.

4. Distribution of ‘how-to-vote’ cards

4.1 The practice of political parties distributing election material such as ‘how-to-vote’ cards outside polling places is a common feature in federal and state elections. ‘How-to- vote’ cards serve a valuable role in assisting voters to cast a formal vote for the candidate or political party of their choice. This is especially relevant in Queensland where different voting systems apply for state and federal elections (i.e. optional preferential voting versus compulsory preferential voting), heightening the opportunity for unintended informal voting.

4.2 Aspects of the use of ‘how-to-vote’ cards are governed by legislation in each jurisdiction. A definition of ‘how-to-vote’ card was inserted in the Commonwealth Electoral Act (the Electoral Act) in 2010 for the first time. It included a card, handbill or pamphlet that: • represents a ballot paper or part of a ballot paper and is ‘apparently’ intended to affect or is likely to affect how votes are cast for candidates, or • lists the names of candidates with a number indication the order of voting preference against the names of all or any of such candidates, or • otherwise directs or encourages votes to use a particular order of preference for all or any of the candidates.1

4.3 New subsections were inserted that stipulated the requirements relating to ‘how to vote’ cards relating to the authorisation details.2

4.4 From time to time the content, authorisation and distribution of ‘how-to-vote’ cards have been the subject of controversy and legal action. The main issues with ‘how-to-vote’ cards have been that some cards have been misleading and the behaviour of political party workers that distribute them.

4.5 In the context of Federal Elections, Senator Matthew Canavan recently analysed the activities of more than 100 of some 600 environmental organisations registered under the Income Tax Assessment Act. He reviewed “scores of ‘how-to-vote’ cards distributed by these organisations” and colourfully stated that it was “like listening to variations on a theme— in e-flat: dead possums, dead koalas, turtles, dark clouds, traffic lights and stars. How many different ways can we rank Greens first, Labor second and Liberal- Nationals last?”3

4.6 In the recent 2014 Redcliffe by-election process misleading ‘how-to-vote’ cards and the behaviour of third party and political party workers became the focal point of the campaign. It was such that the Electoral Commission Queensland (ECQ) was prompted to conduct an inquiry relating to the intimidation and obstruction tactics “unprecedented

1 Bills Digest no 183 2009-10, Electoral and Referendum Amendment (how to vote cards and other measures Bill) 2010. 2 Ibid. 3 Canavan, M. Senator: Close the public purse to law-breaking eco-warriors, The Australian, July 9, 2015. 4 http://www.brisbanetimes.com.au/queensland/queensland-state-election-2015/poll-call-friday-january-30- 20150130-131ngj.html.

in recent times.”5 The central issue was the “aggressive and intimidating manner” party workers behaved towards the public as well as ECQ staff.6

4.7 The Inquiry’s focus was: 1. Overt intimidating and obstructive behaviour towards the public and election staff; 2. Excessive displays of political statements and the manner and time in which those statements were erected and displayed; and 3. The conduct and number of scrutineers at the Saturday night count.7

4.8 The main findings of the inquiry were: • Significant concern and dissatisfaction exists in the Redcliffe community in relation to activities of canvassers and supporters at the by-election. Many electors reported feeling intimidated and harassed by persons and groups protesting and canvassing at the entrance to polling booths on polling day. • Queensland electoral laws in relation to canvassers and the display of electoral material were ineffective in regulating these activities at the by-election, and are significantly weaker than similar laws in other Australian States and Territories. • The large number of scrutineers permitted by law to be present at polling booths during the Saturday night notional count was distracting and created significant challenges to polling booth staff. Queensland electoral laws governing the conduct of scrutineers are materially deficient in comparison to the laws of all other States and Territories.8

4.9 Subsequently, measures were introduced into the Queensland Electoral Act 1992 that provided for ‘how-to-vote’ cards to be published on the ECQ website and enabling the ECQ to reject a ‘how-to vote’ card if it is deemed misleading.9

4.10 During the recent State election GetUp distributed in a number of electorates which, in the view of the LNP could be construed as ‘how-to-vote’ cards and were not lodged with the ECQ. The LNP sought an injunction in the Supreme Court. This was not granted on the grounds that the documents represented an expression of opinion how voters should cast their ballot.10

4.11 In addition, in the Queensland electorate of Redlands at the recent State election, an independent candidate and others working on her behalf were distributing’ how-to-vote’ cards which had not been registered with the ECQ, which in the view of the LNP amounted to failing to comply with provisions in the Electoral Act 1992 (Qld). The LNP sought an injunction. This was granted as the ‘how-to-vote’ cards were not lodged in compliance with the Electoral Act 1992 (Qld).11

5 Wadill, S.: Complaints prompt Queensland Electoral Commission Walter van der Merwe to launch inquiry into Redcliffe by-election, Courier Mail, March 4 2014. 6 Ibid. 7 Electoral Commission Queensland, Inquiry into the Redcliffe by-election 15 April, 2014. 8 Ibid. 9 Bleijie, J. The Hon.: Electoral reforms reduce party funding, Media Statements, May 22, 2014. 10 Smith, Barton, Cavelluci, Stewart v Douglas: See http://archive.sclqld.org.au/qjudgment/2015/QSC15-017.pdf. 11 McEachan v Hewlett & Anor: See http://archive.sclqld.org.au/qjudgment/2015/QSC15-015.pdf.

4.10 The LNP is of the view that there should be an additional step taken and close the opportunity for exploitation and better guard against misrepresentation. Consideration should be given to the requirement for registration to be extended to all election matter distributed within a nominated distance from a polling booth. Otherwise, the requirement for registration is easily avoided by designing a document which is outside the definition of an HTV card.

5. Campaigning by organisation other than political parties at polling places

5.1 The behaviour of third parties, particularly unions such as the Electrical Trade Union12 (ETU) and the United Firefighters Union (UFU) at the Queensland Redcliffe and Stafford by-elections was designed to disrupt the electoral process and intimidate voters. The ETU State secretary at the beginning of the Redcliffe by-election said: “We are going to put everything on the line”.13 The tension and intimidation was such that the then Premier Campbell Newman said that the ETU was”harassing locals. The feedback we're getting is that people are sick and tired of the ETU being in their face and telling their falsehoods.”14

5.2 The UFU similar to the ETU was equally pushy and bold. Evidence to hand is that the UFU purchased an obsolete Queensland Fire Emergency Services fire truck and a range of actual and realistic uniforms ‘costumes’ that allow people to dress up as firefighters. There is anecdotal evidence that the Queensland Labor Party and the Together Union provided many ‘players” to dress up like firefighters to harass and intimidate voters.

During the recent Redcliffe by-election, on polling day to be precise, TV news coverage showed a much needed fire appliance draped in labor/union banners, being driven around all the polling booths. It was manned by people dressed as firemen, who would either be off duty or A.W.L. from a nearby station.15

5.3 In the words of one volunteer “voters were intimidated with their entry into the polling booth, with anti Government supporters actually out numbering voters at the entrances most of the day, they comprised the ETU and associated groups, namely Firemen, medical staff dressed up as nurses and many other pretenders, every voter had to walk the walk to gain entry, The Electoral Commission staff had lost complete control in what was one of the most violent elections that I have been part of.”16

12 Remeikis, A.: Battlelines drawn in Redcliffe by-election, Brisbane Times, December 5, 2013. 13 Ibid. 14 AAP: Queensland Premier tells union to leave Redcliffe, February 20, 2014. 15 Bluetongue 2013, Wondunna: Comment, Sunshine Coast Daily, March 8, 2014. 16 Name withheld. Submission to the LNP July 2015.

5.4 Referring to the July 2014 Stafford by-election, the unions “hit” the Stafford by-election “full force” with material on frontline services and the message “have a look at the other candidates, but don’t vote for the LNP”.18 The LNP State Director Brad Henderson said it was the “unions’ democratic right to participate in the democratic process, but they should stick to the facts. The facts are the delivery of frontline services in Queensland has improved ... and more jobs are being created here than any other state.”19 The ETU was prominent20 as was the UFU as illustrated by the below photos:

5.5 An LNP volunteer wrote: “On election day I was at the Stafford High School and the pretenders were all over the place including the school grounds which I find irregular. The bikies were parked at the front entrance with signage on the rear of the vehicle to put the LNP last. The old fire truck reappeared and patrolled Stafford with bill boards. There was an unnamed group who were stopping every person who entered with signage saying that the LNP proposed to sell or lease all the Brisbane City buses and getting everyone they could to sign a referendum. In

17 LNP stock photo. 18 Remeikis, A.: Unions off the leash and ready to go, Brisbane Times, June 18th 2014. 19 Ibid. 20 Remeikis, A.: ETU to tackle Stafford, Brisbane Times, May 23 2014. 21 UFU members campaigning. LNP stock photos.

my opinion the Electoral Commission staff lost control of the polling place.”22

5.6 Referring to the State election, specifically one candidate submitted: The behaviour of the unions at polling booths at the last state election was simply undemocratic, aggressive and frankly subversive. ECQ staffs were intimidated by the aggressive nature of the union people at some polling booths and would not in many cases step in. The perception is that in certain booths, unionists had infiltrated the ECQ polling day staff. There is information to hand that on 7 separate occasions that ECQ staff were handing voting material to voters and saying ‘fill in every box” This was happening all day at some booths and no matter how specific candidates/booth workers protested it did not change.23

Union members were physically standing in front of people coming to vote and would not move until they had finished their spiel. This was reported but to no avail due to the “buddy relationship” between the ECQ staff and the booth workers. Union members blatantly lied about who they were and who they represented. There is no accountability about some volunteers handing out material.24

6. Allegations in relation to the conduct of, and material disseminated by, campaigners at state and federal elections in the vicinity of polling places intended or likely to mislead or intimidate electors

6.1 The anecdotal information from the 2015 State Election is that third parties, major and minor parties and independent volunteers distribute adjacent to or at pre polls and on polling day, booth literature with false statements. The object was to convince voters not to support the LNP.25

6.2 Rampant throughout all electorates was the campaign of untruths propagated by the Australian Labor Party Queensland (ALP) and its fellow third party travelers such as the unions and GetUp and the Greens and their satellites such as various environmental and conservation bodies. The untrue statements ranged from the former Premier having a secret plan to sack disability health workers, teachers and nurses, cuts to frontline services; sell schools and hospitals; and taking away penalties in nurse’s awards; that the LNP is an environmental vandal; and that the LNP proposed to sell or lease the Brisbane City buses etc.26 These materials, untrue utterances and tactics were a blatant attempt to intimidate voters not to vote for the LNP.

6.3 The Party draws attention to particular conduct and material disseminated at the February 2014 Redcliffe by-election. The behaviour of some third party and major party

22 Name withheld. Submission to the LNP, July 2015. 23 Name withheld. Submission to the LNP, July 2015. 24 Name withheld. Submission to the LNP, July 2015. 25 Names withheld. Submissions to the LNP, 2015. 26 Ibid.

8 volunteers at and adjacent to polling booths was clearly with the intention to intimidate voters and included: • A member of the Queensland Premier's security detail was punched and Lisa Newman called all manner of expletives27 • Premier Campbell Newman’s wife Lisa … subjected to sordid sexual slights by the union movement in what has been condemned as a “grubby new low”28 • The Premier confronted by men dressed as firefighters who complained about non- existent station closures and budget cuts29 • Claims that out-of-state unionists were pretending to be firemen and evidence of United Firefighters unions campaigning to sway voters with false rumours of fire stations closing30 • Premier Campbell Newman visited a polling booth at Humpybong State School ...where he faced a hostile reception from unionists, Labor Party members and other protesters, who all subjected him to a barrage of abuse31

Premier Campbell Newman is yelled at by a protester after leaving the Humpybong state school in Redcliffe 32 where he was supporting local LNP candidate Kerri-anne Dooley. Photo: Harrison Saragossi

6.4 The most egregious of the publications (flyers/pamphlets) related to the alleged closure of fire stations distributed by the UFU and its members or supporters dressed in firefighter uniforms.33

27 Wardill, S. & Passmore, D.: Labor’s Yvette D’Ath wins Redcliffe by-election as Campbell Newman blames Scott Driscoll, The Australian, February 23, 2014. 28 Ironside, R.: Personal abuse of Lisa Newman condemned as a ‘grubby new low’ by the unions, Courier Mail, February 24, 2014. 29 Ibid 30 Ibid. 31 Atfield, C.: Premier Campbell Newman vows to listen to message sent by voters after Labor’s win, Brisbane Times, February 22, 2014 32 Ibid. 33 Ironside, R.: QFRS Commissioner Lee Johnson emails all fire officers to discredit claims by United Firefighters Union, February 27, 2014.

The state’s chief fireman Lee Johnson took the unusual step of emailing all Queensland fire officers to discredit claims made by the UFU during the Redcliffe by-election. He said that “contrary to that was stated on the flyers … no stations were being closed and there had been no change to crewing arrangements.”34

6.5 A union initiative that annoyed and frustrated voters was the loud mobile electronic broadcast. No offence or complaint was taken with the content other than its loud intrusion into voter’s personal space and peace.

Union Newman Driscoll broadcast.MOV

6.6 At the 2015 State election, the ALP utilised “booth wrap” prominently displayed on fences adjacent to polling booths which read “Remember to number every square”. In addition, the colouring of the sign was very similar, if not identical, to that used by the AEC in its publications and signage in connection with Commonwealth elections. It was the LNP’s view that the formality of the message and the signage similar to the AEC combined was likely to mislead the voter in relation to the way of voting at the election. The LNP sought an injunction in the Supreme Court which was unsuccessful.35

6.7 Attention is drawn to the following material:

34 Ibid. 35 See Minnikan v Chrisholm http://archive.sclqld.org.au/qjudgment/2015/QSC15-018.pdf

36 https://www.wilderness.org.au/articles/environmental-policy-priorities-qld-election-2015.

7 Other Matters -

Effective Enforcement and Adequate Resourcing

7.1 To be effective, the regulation of polling day conduct must have immediate and effective enforcement. It must be clear in its terms, so that non-lawyers have no difficulty in applying it, and must afford sufficient powers to those charged with its enforcement for them to be able to do so with confidence.

7.2 Hand in hand with effective regulation must be adequate resourcing - and is essential. There must be persons, readily and locally available at very short notice, vested with the appropriate powers, and with the necessary training, to deliver a prompt and effective enforcement response. It would be futile, and indeed counterproductive, to introduce restrictions if those who are so minded could disregard them with practical impunity, in the confident belief that nothing will come of it, or that, if it does it will not be until after the event. Any penalty would be outweighed by the already banked electoral benefits.

7.3 Restrictions which are not respected by all players, and which are not immediately and effectively enforced, will magnify the electoral advantage gained by those who disregard them over those who modify or otherwise contain their electoral strategies to comply. In this context, restrictions which are not able to be or are not enforced effectively and immediately will tend to increase electoral unfairness.

7.4 The LNP has formed the view that a power to give directions, whether based on subjective or discretionary considerations or not, would be futile and potentially counterproductive unless it is coupled with an adequately resourced mechanism for prompt and effective enforcement.

7.5 Returning Officers or the Officer-in-Charge need to be required to make regular checks throughout the day, to monitor the booths appearances and the behaviour of volunteers. Submissions to the LNP referring the recent by-elections and the 2015 State election indicated that there were several instances where the Officer-in-Charge was a “toothless tiger” and unable to assert the authority to ensure the necessary standard of behaviour.

Education

7.6 In the main, campaign and booth workers are volunteers and do so in a steadfast belief in democracy and to support the candidate or party of their choice. There are some who have a sound and practical knowledge of the regulatory requirements of the voting procedures and other volunteers who are happy to participate without the necessary understanding of the process. For this reason some LNP’s party units conduct classes or information sessions for all booth workers to ensure they stay within the protocols which included respect and good manners, and no response to any agitated or agitating opponents.

37 http://solar.org.au/pressrelease/solar-scorecard-launched-for-queensland-election/.

7.7 The LNP is of the view that the Division’s returning officer or his/her appointee, conduct educational seminars for volunteers handing out material at booths to inform them of the necessary requirements and the standard of behaviour needed by all participants. This would ensure all volunteers had access to the information sessions or classes.

7.8 Equally important is training for all AEC staff so that they are able to undertake with confidence their respective duties according to the regulatory requirements. Several submissions were received from LNP party units indicating that some ECQ booth staffers at the recent State election were advocating to younger/new voters that “all squares on the voting paper had to be numbered.” Within the context of the Queensland Electoral Act which provides for optional preferential voting, this statement is wrong and the utterance inappropriate.

Legislative Harmonisation

7.9 Experience from the recent Queensland elections indicates the desirability of consistency of electoral regulation across federal, state and local jurisdictions to minimise confusion and drive greater awareness of and compliance with the regulation that exists. Ideally, electoral regulation should be more closely aligned across state and federal levels.

Environmental Organisations in receipt of tax deductible donations

7.10 Attention is drawn to Queensland Senator Matthew Canavan’s opinion piece in The Australian which refers to an analysis of the 600 environmental organisation registered under the Income Tax Assessment Act. Donors to these registered organisations receive a tax deduction for the donations they make.38

7.11 The analysis included the examination of the activities of more than 100 of these registered environmental organisations. According to the research, more than 80 per cent of these have promoted or have been involved in demonstrations, and half support divestment initiatives or legal action against certain developments. At least 12 per cent of the organisations have been involved in unlawful activities of some form. The activities of these groups have moved away from the original purpose of the register.39 The trends in Australia have been observed in other countries too. New Zealand, Canada, the US and Britain have taken steps recently to address the gap between the stated purpose of some organisations and their activities.40

7.12 The conclusions drawn from the analysis was that consideration should be given to adopting some of the overseas approaches which include prohibiting unlawful activities; the soliciting of donations to pay for fines; the making of demonstrably misleading statements; and supporting or opposing political parties or candidates. Greater transparency on the activities of registered organisations and enforcement of existing regulations was needed.41

38 Canavan, M. Senator: Close the public purse to law-breaking eco-warriors, The Australian, July 9, 2015. 39 Ibid. 40 Ibid. 41 Ibid.

8 Conclusion

8.1 Australia is fortunate to enjoy the benefits of a strong and healthy democracy that promotes the participation of its citizens. For many decades, elections have been conducted in an orderly and peaceable way where the participants have been able to constructively engage and voters have been able to freely exercise their franchise.

8.2 The standard of behaviour on the part of some participants at the recent State election and the two 2014 by-elections was deplorable and has no place in local, state or federal elections in Queensland, or in any democracy.

8.3 The LNP has formed the view that the inquiry’s focus should be to protect the fundamental tenets of our democracy, including the freedom of political communication, the right of individuals to exercise their vote without impediment, intimidation or coercion, and the need for any regulation to be clearly defined, immediately and effectively enforceable and adequately resourced to that end, and enable consistency across federal, state and local levels.

8.4 We would be please to provide further comment on any matters in our submission that may require further clarification or amplification.

Yours sincerely

ANGELA AWABDY State Secretary Liberal National Party Queensland