Victorian Bills Explanatory Memoranda

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ELECTORAL AMENDMENT BILL 2014

           Electoral Amendment Bill 2014

                         Introduction Print


               EXPLANATORY MEMORANDUM


                                  General
The Electoral Amendment Bill 2014 (the Bill) amends the Electoral Act
2002 (the Act) to implement certain recommendations made by the Electoral
Matters Committee in its Inquiry into the Conduct of the 2010 State Election
and matters related thereto, tabled in Parliament on 23 May 2012 and to
simplify and clarify the operation of Victoria's electoral processes.
The Bill also amends the Constitution Act 1975 (Constitution Act) to clarify
the administrative responsibilities of Presiding Officers after the expiry of
Parliament pending an election.

                               Clause Notes
Clause 1    sets out the purpose of the Bill which is to amend the Act to
            improve the operation of electoral processes and to amend the
            Constitution Act to clarify that a Presiding Officer of Parliament
            retains their administrative responsibilities after the expiry of
            Parliament until their successor is chosen.

Clause 2    provides for the commencement of the Bill. The Bill will come
            into operation on a day to be proclaimed. However, the Bill will
            come into operation on 31 October 2014 if not proclaimed before
            that date.

Clause 3    substitutes a new definition of authorised witness in section 3 of
            the Act, so that an authorised witness can be any person who has
            attained 18 years of age and is not a candidate at an election.




571504                                1       BILL LA INTRODUCTION 5/8/2014

 


 

Clause 4 inserts a new section 4(3) into the Act to clarify the definition of electoral matter. Electoral matter means matter which is intended or likely to affect voting in an election. Matter is not to be taken to be intended or likely to affect voting in an election only because it contains a reference to the Government of Victoria, the Commonwealth or any other State or Territory, or to a Government agency, if-- · the matter identifies any such Government or agency, having regard to the nature and form of the matter, and · the nature and form of the matter is such that it does not appear to be intended or likely to affect voting in an election. Clause 5 replaces section 23(3) of the Act, which currently provides that a claim for enrolment under sections 23(1) or (2) must be witnessed by an elector, with a new provision which requires that such a claim for enrolment must include, or be accompanied by, evidence of the person's identity of the kind prescribed in the regulations. Clause 6 inserts a new section 47(da) into the Act, which provides that the Victorian Electoral Commission must refuse an application to register a political party, if in the Commission's opinion the name that the political party wishes to use is one that a reasonable person would think suggests that a connection or relationship exists between the party and a registered political party, where in fact there is no such connection or relationship. This is in addition to the existing grounds on which the Commission must refuse an application for the registration of a political party listed under section 47. Clause 7 replaces section 63(3) of the Act, which currently provides that the day appointed for the close of the roll must be 7 days after the date of the writ, with a new provision that provides that the day appointed for the close of the roll must be 3 business days after the issue of the writ if the election day is fixed in accordance with section 63(7)(a) of the Act. In any other case, the close of the roll period remains at 7 days, for example where there is a by-election or where an election occurs following the dissolution of Parliament under section 63(7)(b) of the Act. 2

 


 

Clause 8 inserts new subsection 78(3)(aa) into the Act. This will allow for a combined how-to-vote card, i.e. one which contains information on how to vote with respect to any combination of electoral districts and regions, to be submitted to the Victorian Electoral Commission for registration. This is in addition to the current requirements of section 78(3) that a how-to-vote card submitted to the Victorian Electoral Commission must be a single how-to-vote card, i.e. one submitted with respect to one electoral district or region, or a multiple electorate how-to-vote card, i.e. one submitted with respect to no less than every district or region for which the registered political party submitting the card has registered a candidate. Clause 9 replaces section 99(1)(a) of the Act, which currently provides for early voting to commence at 4 p.m. on the final nomination day, with a new section that provides that early voting commences at 9 a.m. on the third day following the final nomination day. For example, if the final nomination day is a Friday, early voting will commence at 9 a.m. on the following Monday. Clause 10 Subclause (1) amends section 101(1) of the Act to allow electors to apply by electronic means to vote by post, as well as in written form as is currently the case. Subclause (2) inserts a new section 101(2A) into the Act which provides that an application by electronic means to vote by post must be in the prescribed form and contain information to enable the Victorian Electoral Commission to verify the elector in accordance with any verification process determined by the Commission. Subclause (3) makes a consequential amendment to section 101(3) of the Act to insert a reference to new subsection (2A). Clause 11 Subclause (1) replaces section 102(2) of the Act to remove the requirement for an authorised witness who witnesses the signature of an elector on a written application to vote by post to also add their title and capacity. The authorised witness must sign their name in their own handwriting and add the date on the application. Subclause (2) makes a consequential amendment to section 103 of the Act to replace "An application" with "A written application". 3

 


 

Clause 12 Subclause (1) makes a consequential amendment to section 104(1) of the Act to insert a reference to section 101(2). Subclause (2) inserts a new section 104(1A) into the Act which provides a process for the Victorian Electoral Commission to issue a declaration and ballot-paper to an elector who applies for a postal vote by electronic means. The new section provides that if the Victorian Electoral Commission receives a postal vote application by electronic means, and is satisfied that the application is in the prescribed form and contains information to enable the Commission to verify the elector in accordance with the Commission's verification process, the Commission must deliver or post a postal vote declaration and ballot-paper to the applicant and record the name of the elector and date on which the declaration and ballot-paper were issued. Clause 13 replaces section 106(2)(c) of the Act to remove the requirement for an authorised witness who witnesses the signature of an elector on a postal vote declaration to also add their title. The authorised witness must sign their name and add the date to the declaration. Inserts new section 106(2)(ca) into the Act which provides that if the elector has been issued the ballot-paper under new section 104(1A), they must also provide the required information to allow the Commission to verify the elector in accordance with the Commission's verification process. Clause 14 replaces section 114A(28)(c) of the Act to clarify that all the votes of an excluded candidate or candidates transferred in accordance with section 114A(12)(b) at a particular transfer value constitutes a separate transfer. Clause 15 corrects an anomaly in section 24 of the Constitution Act, whereby a Presiding Officer retains their administrative responsibilities after early dissolution of the Parliament pending an election until their successor is chosen by the respective newly-elected House but does not, as the Constitution Act is currently worded, retain those responsibilities after expiry of the Parliament at the end of a normal fixed 4-year term. 4

 


 

Clause 16 provides for the automatic repeal of this Bill on the first anniversary of its commencement. The repeal of the Bill does not affect the continuing operation of the amendments contained in the Bill by virtue of section 15(1) of the Interpretation of Legislation Act 1984. 5

 


 

 


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