Commonwealth Electoral Act 1918


The Commonwealth Electoral Act 1918 is an Act of the Australian Parliament which continues to be the core legislation governing the conduct of elections in Australia, having been amended on numerous occasions since 1918. The Act was introduced by the Nationalist Party of Billy Hughes, the main purpose of which was to replace first-past-the-post voting with instant-runoff voting for the House of Representatives and the Senate.

Previous legislation

The 1918 Act replaced the Commonwealth Franchise Act 1902, which had defined who was entitled to vote in Australian federal elections, and the Commonwealth Electoral Act 1902. The 1902 Franchise Act set uniform national franchise criteria, establishing the voting age at 21 years and women's suffrage at the national level, also a right to stand for election to the Parliament. That Act also disqualified from voting a number of categories of people, including Indigenous peoples from Australian, Asia, Africa and the Pacific Islands, even if citizens of the British Empire. A plurality voting system was established. The 1902 Act also made it clear that no person could vote more than once at each election. The 1902 Act was amended in 1906 to allow postal voting. In 1908, a permanent electoral roll was established and in 1911 it became compulsory for eligible voters to enrol. Compulsory enrolment led to a large increase in voter turnout, even though voting was still voluntary. From 1912, elections have been held on Saturdays.

Provisions

1918 Act

The 1918 Act replaced the Commonwealth Franchise Act 1902 and the Commonwealth Electoral Act 1902. It replaced first-past-the-post voting with instant-runoff voting for the House of Representatives and the Senate. The voting system was changed by the anti-Labor Hughes after the 1918 Swan by-election, which saw the Labor candidate win with 34% of the vote due to a split in the anti-Labor vote between the Nationalist and Country Party candidates, with 29.6% and 31.4% respectively.
The Act also repeated the special jurisdiction of the High Court of Australia as the Court of Disputed Returns in federal election matters, initially established by Part XVI of the Commonwealth Electoral Act 1902.

1921 amendment

In 1921, the Act was amended to disqualify anyone standing for federal parliament who "has resigned from the Parliament of a State and has the right, under the law of the State, if not elected to the Parliament of the Commonwealth, to be re-elected to the Parliament of the State without the holding of a poll". This amendment was made specifically to overrule an act passed by the Queensland state government, which allowed state MPs to automatically return to parliament without a by-election if they ran unsuccessfully for federal parliament. The Queensland government reportedly passed the legislation primarily for the benefit of Frank Forde, a future prime minister.

1924 amendment

at federal elections was introduced in 1924, as a condition of the Country Party agreeing to form an alliance with the then minority Nationalist Party. Compulsory voting saw voter turnout increasing from 59.36% to 91.39% at the 1925 federal election.

1949 amendments

The Chifley Government amended the Electoral Act in 1949, in time for the 1949 federal election, as follows:
Although in 1948 Australian nationality law had been altered to create an Australian citizenship, the nationality criterion for the franchise remained that of being a British subject.

1962 amendments

In 1962, the Menzies Government extended the franchise to Indigenous Australians at federal elections, though enrolment was voluntary.

1973 and 1974 amendments

Changes to the Electoral Act in 1973 by the Whitlam Government included:
Changes to the Electoral Act in 1984 by the Hawke Government included:
In 2016 the registered preference part of the Senate group ticket voting system was abolished, to avoid undue influence of preference deals experienced in 2013, and especially cascading preference deals.

External Links

*