Abbotto v Australian Electoral Commission

The applicant, Mr Abbotto, petitioned the Court of Disputed Returns seeking to have a Senate election declared void. The dispute concerned the validity of the ticket voting system as applied to ungrouped independent candidates who were unable to register a voting ticket.

The Court was required to determine whether the provisions of the *Commonwealth Electoral Act 1918* (Cth) governing ticket voting, particularly in relation to candidates who do not form a group and therefore cannot register a ticket, were inconsistent with or contrary to the Constitution, specifically section 10, and whether this inconsistency rendered the election void.

The Court reasoned that section 10 of the Constitution, which deals with the qualifications of Senators, does not mandate a particular method of voting or ballot paper design. It found that the *Commonwealth Electoral Act* validly provided for a system of voting that included ticket voting, and that the inability of ungrouped independent candidates to register a ticket did not, in itself, invalidate the election. The Court applied the principle that electoral legislation enacted by the Commonwealth Parliament is presumed to be valid unless it can be shown to be plainly inconsistent with the Constitution. The Court found no such inconsistency.

The petition was dismissed.