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This is a Bill, not an Act. For current law, see the Acts databases.
COMMONWEALTH ELECTORAL (ABOVE-THE-LINE VOTING) AMENDMENT BILL 2010
2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commonwealth Electoral (Above-the-
Line Voting) Amendment Bill 2010
No. , 2010
(Senator Bob Brown)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918 to repeal provisions relating to
group voting tickets and provide for preferential
above-the-line voting, and for related purposes
i Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Commonwealth Electoral Act
1918
3
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918 to repeal provisions relating to
2
group voting tickets and provide for preferential
3
above-the-line voting, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Commonwealth Electoral
7
(Above-the-Line Voting) Amendment Act 2010.
8
2 Commencement
9
This Act commences on the day on which it receives the Royal
10
Assent.
11
2 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. ,
2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. , 2010
3
1
Schedule 1--Amendment of the
2
Commonwealth Electoral Act 1918
3
1 Subsection 4(1)
4
Insert:
5
group voting square means a square printed on the ballot papers
6
for a Senate election in accordance with subsection 168(4) above
7
the names of candidates who have made a request under subsection
8
168(1).
9
2 At the end of section 168
10
Add:
11
Group voting square
12
(4) If two or more candidates have made a request under
13
subsection (1), a square must be printed on the ballot papers for use
14
in the election above the names of those candidates.
15
3 Subsection 169(4)
16
Repeal the subsection, substitute:
17
(4) Where a request has been made under subsection (1) in respect of
18
candidates in a Senate election, the request may include a further
19
request that the name of the registered political party that endorsed
20
the candidates be printed on the ballot papers adjacent to the square
21
printed in relation to the group in accordance with subsection
22
168(4).
23
4 Subsection 210(2)
24
Repeal the subsection.
25
5 Subsection 210A(5)
26
Omit "subsection 211(5)", substitute "subsection 168(4)".
27
6 Section 211
28
Repeal the section.
29
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
4 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. ,
2010
7 Section 211A
1
Repeal the section.
2
8 Paragraph 214(2)(d)
3
Before "square" (first occurring), insert "group voting".
4
9 Paragraph 214(2)(d)
5
Omit "subsection 211(5)", substitute "subsection 168(4)".
6
9A At the end of paragraph 214(2)(d)
7
Omit ";", substitute ".".
8
10 Paragraph 214(2)(e)
9
Repeal the paragraph.
10
11 Section 216
11
Repeal the section.
12
12 Subsection 226(3)
13
Repeal the subsection.
14
13 Subparagraph 227(8)(a)(i)
15
Omit ", group voting tickets registered for the purposes of the election".
16
14 Subsection 239(2)
17
Repeal the subsection, substitute:
18
(2) A vote may be marked on a ballot paper by:
19
(a) writing the number 1 in a group voting square (if any) printed
20
on the ballot paper under subsection 168(4); and
21
(b) writing in the remaining group voting squares printed on the
22
ballot paper under subsection 168(4):
23
(i) in the case of a Senate election--the numbers 2 to 7 at
24
least if there are 7 or more group voting squares, or if
25
there are less than 7 group voting squares, numbers in a
26
sequence of consecutive numbers commencing with the
27
number 2 to fill however many voting squares there are;
28
or
29
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. , 2010
5
(ii) in the case of an election following a dissolution of the
1
Senate--the numbers 2 to 13 at least if there are 13 or
2
more group voting squares, or if there are less than 13
3
group voting squares, numbers in a sequence of
4
consecutive numbers commencing with the number 2 to
5
fill however many voting squares there are; and
6
(c) if the voter wishes, by writing any additional consecutive
7
numbers beginning with the number 8 or the number 14, as
8
the case may be, in any remaining group voting squares
9
printed on the ballot paper under subsection 168(4).
10
15 Subsection 239(3)
11
Repeal the subsection.
12
16 Paragraph 268(1)(b)
13
Omit "subsection 270(1)", substitute "subsections 270(1) and 270A(1)".
14
17 Subsection 269(1)
15
Omit "A ballot paper", substitute "To avoid doubt, a ballot paper".
16
18 Subsections 269(3) and (4)
17
Repeal the subsections.
18
Note:
The heading to section 269 is replaced by the heading "Formal votes if vote recorded
19
in group voting squares".
20
19 After section 270
21
Insert:
22
270A Certain votes in group voting squares with non-consecutive
23
numbers to be formal
24
(1) Where a ballot paper in a Senate election or in an election
25
following a dissolution of the Senate:
26
(a) has the number 1 in a group voting square printed on the
27
ballot paper under subsection 168(4) and does not have that
28
number in another group voting square printed on the ballot
29
paper under subsection 168(4);
30
(b)
has:
31
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
6 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. ,
2010
(i) in a case of a Senate election--in the group voting
1
squares printed on the ballot paper under subsection
2
168(4), numbers in a sequence of consecutive numbers
3
commencing with the number 1 and ending with the
4
number 7 or such lesser number as is provided for by
5
subparagraph 239(2)(b)(i) or numbers that with changes
6
to no more than 2 of them would be in such a sequence;
7
or
8
(ii) in the case of an election following a dissolution of the
9
Senate--in the group voting squares printed on the
10
ballot paper under subsection 168(4), numbers in a
11
sequence of consecutive numbers commencing with the
12
number 1 and ending with the number 13 or such lesser
13
number as is provided for by subparagraph 239(2)(b)(ii)
14
or numbers that with changes to no more than 2 of them
15
would be in such a sequence; and
16
(c) but for this subsection, would be informal by virtue of
17
paragraph 268(1)(b);
18
then:
19
(d) the ballot paper is not informal by virtue of that paragraph;
20
(e) the number 1 is taken to express the voter's first preference
21
vote in accordance with subsection 272(1);
22
(f) where numbers in group voting squares printed on the ballot
23
paper under subsection 168(4) are in a sequence of
24
consecutive numbers commencing with the number 1--the
25
voter is taken to have expressed a preference by the other
26
number, or to have expressed preferences by the other
27
numbers, in that sequence in accordance with subsection
28
272(2) or (3), as the case may be; and
29
(g) the voter is not taken to have expressed any other preference.
30
(2) In considering, for the purposes of subsection (1) whether numbers
31
are in a sequence of consecutive numbers, any number that is
32
repeated must be disregarded.
33
20 Section 272
34
Repeal the section, substitute:
35
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. , 2010
7
272 Senate ballot papers deemed to be marked in accordance with
1
group voting squares
2
(1) For the purposes of section 273, where a ballot paper in a Senate
3
election has been marked in accordance with paragraph 239(2)(a)
4
by the number 1 having been placed in a group voting square
5
printed on the ballot paper under subsection 168(4), the ballot
6
paper must be deemed to have been marked with a first preference
7
vote for the first candidate included in the group on the ballot paper
8
and subsequent preferences for all other candidates included in the
9
group in the order of the names of the candidates in the group on
10
the ballot paper.
11
(2) For the purposes of section 273, where a ballot paper in a Senate
12
election has been marked in accordance with paragraph 239(2)(b)
13
by the number 2 having been placed in another group voting square
14
printed on the ballot paper under subsection 168(4), the ballot
15
paper must be deemed to have been marked with the preference
16
vote, immediately sequential to those referred to in subsection (1),
17
for the first candidate included in that other group on the ballot
18
paper and subsequent preferences for all other candidates included
19
in that other group in the order of the names of the candidates in
20
the group on the ballot paper.
21
(3) For the purposes of section 273, where a ballot paper in a Senate
22
election has been marked in accordance with paragraph 239(2)(b)
23
or (c) by the number 3 and subsequent numbers, as the case
24
requires, having been placed in other group voting squares printed
25
on the ballot paper under subsection 168(4), the ballot paper must
26
be deemed to have been marked with the preference votes,
27
immediately sequential to those referred to in subsections (1) and
28
(2):
29
(a) in the case of the group voting square marked by the number
30
3--for the first candidate included in that group on the ballot
31
paper and subsequent preferences for all other candidates
32
included in that group in the order of the names of the
33
candidates in the group on the ballot paper; and
34
(b) in the case of the group voting squares marked by numbers
35
subsequent to 3--for the first candidate included in the group
36
under the next subsequently numbered group voting square
37
and subsequent preferences for all other candidates included
38
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
8 Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. ,
2010
in that group in the order of the names of the candidates in
1
the group on the ballot paper.
2
21 Paragraph 273(5)(f)
3
Omit "marked otherwise than in accordance with subsection 239(2)".
4
22 Paragraph 273A(3)(a)
5
Repeal the paragraph, substitute:
6
(a) reject any of the wholly above-the-line ballot papers that are
7
informal;
8
(aa) arrange the unrejected ballot papers under the names of the
9
respective candidates by placing under the name of each
10
candidate:
11
(i) in one parcel all the ballot papers on which a first
12
preference is indicated for that candidate; and
13
(ii) in another parcel all the ballot papers marked in
14
accordance with subsection 239(2) by which a first
15
preference is deemed under subsection 272(1) for that
16
candidate;
17
23 Paragraph 273A(3)(c)
18
Repeal the paragraph, substitute:
19
(c) place in a parcel or parcels all the ballot papers received by
20
the Divisional Returning Officer, other than the ballot papers
21
rejected as informal;
22
24 Paragraph 273A(3)(f)
23
Repeal the paragraph, substitute:
24
(f) transmit to the Australian Electoral Officer information about
25
the total number of ballot papers rejected as informal.
26
25 Subsection 273A(10) (paragraph (a) of the definition of
27
wholly above-the-line ballot paper)
28
Repeal the paragraph, substitute:
29
(a) has one or more numbers in the group voting squares above
30
the dividing line; and
31
26 Form E of Schedule 1
32
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Commonwealth Electoral (Above-the-Line Voting) Amendment Bill 2010 No. , 2010
9
Omit "By placing the single figure 1 in one and only one of these
1
squares to indicate the voting ticket you wish to adopt as your vote",
2
substitute "By placing at least the numbers 1 to (8) in the order of your
3
preference for the groups of candidates".
4
27 Form E of Schedule 1 (at the end of the footnotes)
5
Add:
6
(8)
Here
insert:
7
(a)
in the case of a Senate election--"7" if there are 7 or more groups,
8
and if there are less than 7 groups, however many groups there are;
9
(b)
in the case of an election following a dissolution of the Senate--"13"
10
if there are 13 or more groups, and if there are less than 13 groups,
11
however many groups there are.
12