Commonwealth Electoral Act 1911

Overview

The Commonwealth Electoral Act 1911 was enacted by the Parliament of Australia to amend the Commonwealth Electoral Act 1902–1909, addressing various issues and gaps in the electoral process. The Act introduced a system of compulsory enrolment for electors, ensuring that eligible voters are enrolled on electoral rolls, and established penalties for officers who fail to enrol claimants. It also provided for the appointment of temporary officials in cases of emergency and introduced provisions for scrutineers to maintain the integrity of the polling process. Additionally, the Act allowed for early voting by electors who would be absent on polling day and outlined rules for the marking and counting of votes, including specific instructions for Senate and House of Representatives elections. The Act further regulated electoral advertising and the publication of electoral matter in newspapers, and introduced penalties for various electoral offences. The policy objective of the Act was to enhance the efficiency and fairness of the electoral process in Australia.

Scope and Application

The Commonwealth Electoral Act 1911 applies to all persons involved in the electoral process in the Commonwealth of Australia, including electors, candidates, and electoral officials. The Act governs the conduct of federal elections, including the preparation of electoral rolls, the conduct of polling, and the counting of votes. The Act applies nationally, as it is a Commonwealth Act. Certain exclusions and exemptions apply, such as the exclusion of voting by post which is repealed by the Act. The Act extends its application through subordinate instruments such as regulations and forms. The Act also includes provisions for penalties and offences, including penalties for false statements and electoral fraud. The Act provides for the amendment of the Commonwealth Electoral Act 1902–1909, with specific amendments outlined in the Act.

Key Provisions

• The Commonwealth Electoral Act 1911 (C1911A00017) amends the Commonwealth Electoral Act 1902–1909, introducing several significant changes to the electoral process. Section 3 removes Part X, which dealt with voting by post, from the Principal Act. Section 5 introduces temporary appointments for the offices of Divisional Returning Officer and Assistant Returning Officer in emergency situations, with these appointments being non-permanent and without future entitlement to permanent appointment (s. 9b). Section 6 revises the procedure for the redistribution of electoral divisions, allowing the Electoral Commissioners to propose a new distribution without the need for specific action under section 17 (s. 22). Section 7 introduces a system of compulsory enrolment, allowing the Governor-General to declare new Rolls prepared under this system, and mandates electors to sign and submit forms of claim for enrolment, with specific provisions for those who have already been correctly enrolled (s. 32a). Section 8 imposes obligations on eligible but unenrolled electors to submit forms of claim for enrolment and mandates electors who have moved to submit forms of claim for transfer or change, with prescribed penalties for non-compliance (s. 61c). Section 9 allows the Commonwealth Electoral Officer for the State to alter Rolls by striking out names of persons who have secured enrolment on another Roll, with notice sent to those affected (s. 62(3)). Section 12 mandates that polling day be a Saturday (s. 88a). Section 15 introduces restrictions on scrutineers, prohibiting interference within the polling booth and communication with persons in the booth except as necessary for their duties, with penalties for breaches (s. 135a). Section 16 permits electors who expect to be absent on polling day to vote early, subject to regulations, with specific provisions for marking and handling of early votes (s. 139). Section 17 introduces regulations for the marking of votes in Senate and House of Representatives elections, with specific instructions for early voting, standard voting, and absent voting (ss. 150, 151). Section 18 imposes obligations on officers to avoid marking ballot papers in ways that could identify voters, with penalties for non-compliance (s. 158a). Section 19 mandates returns of money expended or expenses incurred by political organizations and individuals in connection with elections, with specific provisions for returns by newspaper proprietors, and penalties for non-compliance, including fines and imprisonment (ss. 172a, 172b). Section 20 introduces offences and penalties for various electoral misconducts, including making untrue statements, employing paid canvassers, and marking ballot papers without authorization, with penalties ranging from fines to imprisonment (ss. 181a–181e). Section 21 allows the Chief Electoral Officer to be represented in Court of Disputed Returns proceedings and mandates the institution of legal proceedings for offences under the Act (ss. 196a, 206ff). Section 22 sets out procedures for the witnessing of electoral papers and the prosecution of electoral offences, with a one-year limitation period for prosecutions (ss. 207b, 208a). Section 23 mandates the preservation of ballot papers, certified lists of voters, and declarations for one year (s. 209a). The Schedule to the Principal Act is amended to include new forms for the nomination of Senators and Members of the House of Representatives (Schedule, Forms I and J).

Legal classification tags

Area of Law

Electoral & Political Law

Instrument

Amending Act

Concepts

Commencement Provisions

Reporting & Disclosure Obligations

Offence Provisions

Civil Penalty Provisions

Compliance Obligations

Enforcement Powers