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92. Victorian Electoral Commission EMC Submission No. 92 (Revised) Received 17 October 2019 Submission to the Electoral Matters Committee Inquiry into the Conduct of the 2018 Victorian State election 1 Errata Note This submission was originally submitted to the Electoral Matters Committee on 30 August 2019. The following updates have been made since its submission. Release Page Corrections October 2019 1 18-29 year olds updated to 25-29 year olds. 15 Voter turnout figure for 18-24 year olds updated. 72 Figure 27: Voter turnout by age, 2018 Victorian State election was replaced. Adjustments to the commentary under the heading Young People, to reflect the updated Figure 27. 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) August 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. Foreword the State. Early voting was again popular, with 36.77% of voters choosing to vote early in person Victorian electors went to the polls on 24 in the two weeks before election day. Specifically, November 2018 to elect the 59th Victorian 1.37 million electors, including those interstate Parliament. I am pleased to present this and overseas, took up the early voting option, submission to the Electoral Matters Committee with a further 281,770 casting a vote by post, Inquiry into the conduct of the 2018 Victorian State assisted by a new online postal vote application election. This submission has been accelerated system. This shift in voting behaviour required for the Committee and, although it has been the VEC to adjust its ballot paper processing drawn from the 2018 State Election Report to and counting so that first preference results on be tabled in Parliament in the coming months, election night were known for most votes. it should be read as a precursor to that report. To achieve this, the VEC established 103 early The conduct of Parliamentary elections is a core voting centres, directed processes around activity of the Victorian Electoral Commission “home district” early vote ballot paper counting, (VEC), requiring disciplined and early planning, centralised the postal vote process including careful management of staff and resources, and distribution, receipt and counting, and concentrated strict adherence to electoral law. These elements initially on Lower House ballot papers. This are now in sharper focus given the environment was assisted by legislation allowing the VEC to in which a State election is conducted: electors process early and postal votes several hours changing their voting behaviour, increasing service in advance of the close of the poll. At election expectations, relevant election information at call night close, 79% of the Lower House total vote and the desire for immediate yet accurate results. had been counted. This was a remarkable achievement giving great confidence in the early To meet these expectations, the VEC plans for identification of the incoming Government. two years before the election, publishing a Service Plan that details how the organisation will deliver For the election there were 23 political parties a successful and legally compliant election. on the State Register, with three choosing not to contest the election. One party, the Flux Party, had For 2018, the aim was to have ‘Every eligible its registration refused just prior to the election Victorian voting in an election that is fully on the basis that the party did not have enough compliant with State law, transparent, fair and confirmed members to satisfy legislation. The Flux accurate and delivered to the highest standards Party referred the decision to the Victorian Civil with efficiency and enthusiasm’. This was met, Administration Tribunal (VCAT), which upheld with most key performance targets achieved. the VEC’s earlier determination. I note that 16 parties did not achieve at least 4% of the first While 192,000 more electors voted than in preference votes in the electorates they contested 2014, one key indicator – elector turnout – and have consequently had their registration fell. At 90.16%, this was nearly 3% below that reviewed. Three parties voluntarily de-registered of 2014. This is addressed in the report but it rather than complete the review process. does reflect the wider situation in Australia and may in part be a consequence of the very high There were 887 candidates this election, just nine enrolment participation existing in Victoria where less than in 2014. In the 88 Legislative Assembly through direct enrolment action 96.60% of the districts, there were 507 candidates. In seven estimated eligible voting population is enrolled. districts there were three candidates and in the district of Melton there were 12 candidates. There The 2018 State election was notable on several were 380 candidates contesting 40 Legislative counts. At the close of roll, over 4.14 million Council vacancies. In South-Eastern Metropolitan electors were registered to vote – an increase of Region, candidate numbers were the largest over 333,000 electors in a four-year period, in turn at 53. All candidates were active, as expected, increasing the demand for voting services across yet along with their supporters varied in the 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 a supplemented by a public enquiry service. limitation on campaigner numbers was imposed by the VEC at one early voting location. As always, a focus of procedures was the handling, security and accounting arrangements Amendments to governing legislation prior to the around ballot papers and other critical documents. election were significant and late in their passage Physical security was assisted by the introduction through Parliament. The Electoral Legislation of mobile metal cages for ballot paper storage and Amendment Act 2018 received royal assent on 31 the tracking and positive handover of all critical July 2018 and while elements of this Act relating to material. As an extension of physical security, the introduction of a political donation disclosure attention was given to result integrity oversight regime did not come into operation until after the and the use of various data sets and analytics election there were many elements that had an to identify possible accounting, counting and immediate impact. These included the introduction reporting mismatches. This was an important of political party logos onto ballot papers, changes function in managing close seats. I note one to postal voting provisions, the simplifying of district, Ripon, with a final margin of 15 votes, was how-to-vote card registration requirements and the subject of a petition to the Court of Disputed the removal of personal declaration provisions to Returns. This petition was discontinued by the vote early. There were also signage and election consent of all involved parties on 7 May 2019. campaigning restrictions imposed outside voting centres, requiring constant management. The VEC’s preparedness for a disruption event during the election was much improved on Distinct from previous elections, the VEC previous years. A new Business Continuity appeared in the VCAT for three separate how- Framework, desktop exercise regime and to-vote card matters where a party or candidate an established alternative operating site disagreed with the VEC’s decision. One matter increased executive confidence in its ability was appealed in the Supreme Court. In addition, to provide continuity in voting services and to the VEC responded to an injunction application administer the election. Offsite data replication on its decision not to reprint ballot papers for also figured. These measures were further Yan Yean District after the endorsed Liberal enhanced by very close liaison with Emergency candidate was dis-endorsed by that party after Management Victoria and Victoria Police. the close of nominations. While these matters were resolved, they were time-consuming, taking Information communications technology systems the Commissioner and Deputy Commissioner and applications performed very well. Earlier away from the oversight of election operations. auditing of systems and an extensive maturity This staffing impost will be reviewed. review identified potential vulnerabilities in the security and stability of the VEC’s network and The VEC expanded its use of digital these were corrected well before the election. The communications to engage with the electors Election Management System (EMS) that supports of Victoria. While television, print media, direct dispersed operations, along with electronic mail and public space advertising made up certified elector lists, the count system and voting a large component of the VEC’s campaign,
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