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 1 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. 2 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. 3 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- 3 Nationals last?” 4 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. 4 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