Senate debates

Thursday, 17 March 2016

Bills

Commonwealth Electoral Amendment Bill 2016; In Committee

9:37 am

Photo of Ricky MuirRicky Muir (Victoria, Australian Motoring Enthusiast Party) Share this | Hansard source

by leave—I move my amendments (1) to (8) on sheet 7877 together:

(1) Schedule 1, item 19, page 5 (line 32) to page 6 (line 1), omit the item, substitute:

19 Subsection 239(1)

  Repeal the subsection, substitute:

Voting below the line

(1) Subject to subsection (2), in a Senate election a person must mark his or her vote on the ballot paper by:

  (a) writing at a minimum the numbers 1 to 15 in the squares printed on the ballot paper below the dividing line (with the number 1 being given to the candidate for whom the person votes as his or her first preference, and the numbers 2, 3, 4 and so on being given to other candidates so as to indicate the order of the person's preference for them); or

  (b) if there are 15 or fewer squares printed on the ballot paper below the dividing line—numbering the squares consecutively from the number 1 (in order of preference as described in paragraph (a)).

(2) Schedule 1, item 20, page 6 (line 6), omit "at least", substitute "at a minimum".

(3) Schedule 1, page 6 (after line 19), after item 21, insert:

21A Paragraph 268(1)(b)

  Repeal the paragraph, substitute:

  (b) subject to section 269, in a Senate election, it has no vote indicated on it, or it is not marked in accordance with subsection 239(1);

(4) Schedule 1, items 26 and 27, page 7 (lines 16 to 21), omit the items, substitute:

26 Section 270

  Repeal the section.

(5) Schedule 1, item 41, page 12 (Form E), omit "By numbering at least 6 of these boxes in the order of your choice (with number 1 as your first choice)*", substitute "By numbering a minimum of 6 boxes in the order of your choice (with number 1 as your first choice)*".

(6) Schedule 1, item 41, page 13 (Form E), omit "By numbering these boxes 1 to (7) in the order of your choice (with number 1 as your first choice)", substitute "By numbering a minimum of 15 boxes in the order of your choice (with the number 1 as your first choice)**".

(7) Schedule 1, item 41, page 13 (Form E), omit "(7) Here insert number of candidates.".

(8) Schedule 1, item 41, page 13 (at the end of Form E), add:

** If the ballot paper has 15 or fewer squares below the dividing line, replace the instructions with "By numbering these boxes in the order of your choice (with number 1 as your first choice)".

The speech I am about to present, although very short, is in relation to the next two amendments I am going to move. The government amendments on sheet JP109 went part of the way to fixing the problem that this amendment was intended to correct. However, it does make a false assumption that one box above the line is worth two below the line. It is actually worth 2.5, going off the 2013 federal election. This is why I recommended a minimum of 15 rather than 12 for a half-Senate election. I have also added provisions to allow for changes in the event of a double-dissolution election—another oversight by those behind this rushed bill. So let us get this right. I would hope that the Senate can see the common sense and support the logic behind the amendment.

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