Evaluating Australian Electoral Reforms: 1983–2007 Norm Kelly December 2008 A thesis submitted for the degree of Doctor of Philosophy of the Australian National University i Declaration This thesis contains no material which has been accepted for the award of any other degree or diploma in any university. To the best of my knowledge and belief, it contains no material previously published or written by another person, except where due reference is made in the text. Norm Kelly 18 December, 2008 ii iii Acknowledgements Many people have contributed to this thesis. Foremost in my gratitude is Professor Marian Sawer, my principal supervisor, who saw the value in my work. Thank you for asking the tough questions when they needed asking, and being supportive over these past few years. To my other panel members, Professor Ian McAllister and Professor John Warhurst, my discussions with you were infrequent, but quite valuable in helping me to decide on the direction the thesis would take, and what was best left aside. Some parts of this thesis (particularly Chapter 5) were presented in draft form at conferences in Australia and New Zealand. To those people with whom I’ve discussed my work, I have appreciated your input and encouragement. You are probably unaware of the sometimes small, but useful remarks you have made, and hopefully I have provided something in return. The Australian National University has a talented political science community, and I have appreciated being able to learn and gain inspiration from colleagues who have become friends. Thank you Ben Reilly, Kim Huynh, Peter Brent, Kate Lee-Koo, David Adams and Norman Abjorensen. A large part of the data for this study came from my interview participants –– commissioners, ministers, and others –– all people with important responsibilities and time pressures. I was pleasantly surprised and I am grateful to these participants for their willingness to be interviewed. Their candour was important to this research, and without their co-operation, this study would have taken a very different direction. Special thanks go my friend and colleague, Merrindahl Andrew, who provided support and friendship, as well as taking on the massive task of reading my draft chapters –– your suggestions were invaluable. Finally, I give my biggest thanks and gratitude to Gail, my partner in life, for your enduring love, support and encouragement over the past years. And to top it off, a damn good social scientist who read all my chapters and assisted me greatly in working through the conceptual stuff! iv v Abstract Australia has an international reputation for electoral innovation and the professionalism and independence of its electoral administration. Significant reforms over the past 25 years, however, demand a re-appraisal of Australia’s standing in terms of electoral democracy. Applying and adapting international measures of ‘fairness’, this doctoral thesis assesses electoral reforms since 1983, considers their impacts on voters, candidates, and parties, and also examines the drivers of reform. While governments tend to introduce electoral reforms that reap partisan benefits, there may be unintended consequences of such changes. Moreover, and consistent with the party cartelisation thesis, reforms may benefit major parties as a group at the expense of other electoral competitors. At the same time, impacts on voters in terms of fairness may be mixed, depending on the partisan effect. The thesis investigates specific reforms in Australia’s nine electoral jurisdictions using both a comparative and case study approach. The thesis applies a model for evaluating the fairness of electoral governance that draws on the work of Elkit and Reynolds (2005) but extends it to make it more capable of distinguishing between good and bad practice in developed democracies. In evaluating the reforms, the study draws on comparative measures such as Elklit and Reynolds’ (2005) framework for measuring fairness and partisan bias, and Gallagher’s Least Squares Index. The Elklit and Reynolds model is modified to make it more applicable to developed democracies such as Australia. In addition to specific reforms, the independence of electoral management bodies is interrogated and measured, building on existing assessment criteria. The thesis draws on a variety of sources, including personal interviews with current electoral commissioners and electoral administrators, ministers and shadow ministers, and parliamentary committee members. In addition to these interviews with key players, the thesis uses legislative and parliamentary data to inform its analysis and assessment. vi Electoral reforms in the past 25 years have largely benefited the major parties (Labor and the Liberal/National Coalition), to the detriment of other parties and candidates. While benefits to minor parties such as the Greens and Democrats can be identified, the major parties have gained more significant electoral advantages. The thesis finds that the fairness of the Australian electoral system, with some notable exceptions, has diminished over the study period. Voters are often significantly disadvantaged by reforms. In addition, when compared to international norms of electoral management and fair elections, administrative ‘best practice’ is often sacrificed for partisan advantage. vii Contents Declaration i Acknowledgments iii Abstract v Tables xii Figures xiv Abbreviations xv Chapter 1: Introduction 1 Research Questions and Framework 7 Thesis Structure 9 Chapter 2: Literature Review 11 Theory of Electoral Systems 13 Voting and Electoral System Design Theory Party Cartelisation Theory Fairness 19 Defining Fairness Measuring Electoral Outcomes Studies of Electoral Institutions 24 Comparative Studies of Voting Systems and Electoral Regulation International Norms for Electoral Management Australian Electoral Institutions 27 Gaps in the Literature 33 Chapter 3: Methodology 35 Research Design 35 Assessment Frameworks 36 Discussion-based model –– Democratic Audit Framework Comparative models Ratings-based model –– the Elklit and Reynolds Framework viii Scope of the Study 42 Data Collection 45 Analysis of Data 47 Personal Interviews 49 The Role of the Researcher 52 Summary 53 Chapter 4: Institutional Structure 55 Australian Electoral Management Bodies 56 NSW Election Funding Authority 57 Parliamentary Oversight of Electoral Matters 60 Commonwealth 2004 Federal Election Inquiry –– the Richmond Result New South Wales Joint Standing Committee on Electoral Matters Victorian Electoral Matters Committee Queensland Legal, Constitutional and Administrative Review Committee Senate Finance and Public Administration Standing Committees NSW Select Committee on Electoral and Political Party Funding Engagement with Citizens and Civil Society Organisations 69 Summary 72 Chapter 5: The Independence of Electoral Management Bodies 75 Models of Independence 76 Commissioner Experience 81 The Size of Commissions 83 Commissioner Selection and Appointment Processes 84 The Requirement to Consult Political Affiliations 88 Length of Tenure 89 Security of Tenure 92 Reporting Mechanisms 93 Budget Processes 94 Budgetary Independence ix Determining Best Practice for Independence 98 Summary 101 Chapter 6: Reform Processes I –– The Commonwealth 103 Win Government, Implement Electoral Reform 103 Labor’s 1983–84 Reforms 104 The Size of Parliament –– The House of Representatives The Size of Parliament –– The Senate Public Funding Senate Ticket Voting National Voters Voting Liberal Reform Attempts –– 1996–2004 120 The ATSIEEIS Case The Coalition’s 2006 Reforms 122 Earlier Closure of the Electoral Roll Proof of Identity Provisions Donation Disclosure Thresholds Tax-deductibility of Political Donations Postal Voting Applications –– Self-Interest vs Fair Elections 131 Postal Voting Processes –– The 2007 Federal Election Labor Liberal A Change of Government –– More Reform 139 Summary 140 Chapter 7: Reform Processes II –– States and Territories 143 New South Wales 144 Too Many Parties –– the 1999 Legislative Council Election Victoria 147 The Move to Proportional Representation Queensland 150 Western Australia 153 The Burke Government Reforms The Gallop Government Reforms South Australia 156 x Challenges in Implementing Reform Truth in Political Advertising Tasmania 159 Reform for Political Advantage Reform for Efficient Electoral Administration Australian Capital Territory 163 Electronic Voting Northern Territory 169 Determining the Northern Territory’s Party Registration Regime Summary 174 Chapter 8: Reform Processes III –– Cross-Jurisdictional Issues 177 Voter Turnout 177 The Northern Territory –– Indigenous Enrolment and Turnout Administrative Response to Indigenous Enrolment and Turnout Northern Territory Assembly Elections –– Timeframe The Prisoner Franchise 184 Changes to Commonwealth Laws The 2007 High Court Challenge Prisoner Franchise at the State and Territory Levels Partisan Impacts of Prisoner Voting Party Registration 190 Registration Criteria Parliamentary Representative Alternative for Party Registration South Australian Registration Regime Party Registration –– Achieving a Balance Deregistration of the Liberals for Forests Informal Voting 200 Informal Voting at Federal Elections Informal Voting at State and Territory Levels Analysis of Cross-Jurisdictional Issues 204 Summary 208 xi Chapter 9: Concluding Discussion 209 Summary of the Research Process 210 Summary of Findings 211 Significance of the Research 216 Future Research Directions 217 Conclusion 218 References 221 Websites