Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Act 2011

Overview

The Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Act 2011, enacted by the Parliament of Australia, addresses issues surrounding the closing of electoral rolls and the voting rights of prisoners. The Act amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to ensure timely processing of enrolment applications and to clarify the eligibility of prisoners to vote. Specifically, the Act modifies the timeframes for when enrolment applications can be processed and when they must be suspended, ensuring that they do not interfere with the voting process for an election. Furthermore, it disqualifies prisoners serving sentences of three years or more from voting in federal elections, aligning federal law with the majority of state and territory laws on prisoner voting rights. The policy objective of this legislation is to enhance the integrity and efficiency of the electoral process while addressing the controversial issue of prisoner voting rights in a consistent and transparent manner across Australian jurisdictions.

Scope and Application

The Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Act 2011 amends the law relating to elections and referendums in Australia. It applies to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, affecting the procedures for enrolment and voting, particularly concerning prisoners. The Act applies to elections and referendums for which writs are issued on or after the commencement of the amendments. It mandates that the Controller-General of Prisons must forward monthly lists of individuals beginning or ceasing sentences of imprisonment of three years or longer to the Electoral Commissioner, and within four days of the close of Rolls for an election, provide an updated list. Additionally, the Act modifies eligibility criteria for voting, disqualifying individuals who are of unsound mind, have been convicted of treason or treachery and have not been pardoned, or are serving a sentence of imprisonment of three years or longer. The amendments ensure that applications or claims for enrolment received after the close of Rolls for an election or referendum are not considered until after the close of the poll, with certain exceptions for delayed mail due to industrial disputes. The Act's geographic reach is national, as it pertains to federal elections and referendums governed by the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984. There are no explicit exclusions or exemptions mentioned in the Act, but it does specify thresholds and conditions under which certain individuals are disqualified from voting. The Act does not extend or restrict application through subordinate instruments but provides detailed amendments to the primary Acts it references.

Key Provisions

• The Electoral and Referendum Amendment (Enrolment and Prisoner Voting) Act 2011 makes significant amendments to the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984, primarily focusing on the enrolment process and prisoner voting rights. Under the Act, new provisions (sections 4(7A), 94A(4), 95(4), 96(4), 102, and 118(5)) establish a suspension period during which certain applications for enrolment cannot be considered. This suspension period starts at 8 pm on the day of the close of the Rolls for an election in a Division and ends at the close of the poll for that election. If an application is received during this period, the applicant's name cannot be added to the electoral roll for the relevant Subdivision until after the close of the poll. Furthermore, section 155 sets the date for the close of the Rolls as the seventh day after the date of the writ for an election. The Act also introduces changes to prisoner voting rights, including disqualifying individuals serving a sentence of imprisonment of three years or longer from voting in Senate and House of Representatives elections (section 93(8AA)). It requires the Controller-General of Prisons to forward monthly lists of prisoners serving or ceasing to serve sentences of three years or longer to the Electoral Commissioner (section 109). These lists must include the names, addresses, occupations, and sexes of the prisoners.
• The Act imposes specific obligations on the Electoral Commissioner and the Controller-General of Prisons. The Electoral Commissioner must follow the procedures outlined in section 102 for handling enrolment claims, including notifying applicants of their enrolment status and managing claims received during the suspension period. The Controller-General of Prisons is required to provide the Electoral Commissioner with monthly lists of prisoners serving or ceasing to serve sentences of three years or longer, as well as a list within four days of the close of the Rolls for an election. The Act also mandates that the electoral rolls be conclusive evidence of a person's right to vote, with exceptions for those under 18 on polling day and those disqualified under section 93(8AA).
• Breaches of the provisions in this Act can lead to various consequences. For example, failure to follow the enrolment procedures specified in section 102 could result in improper enrolments or disenfranchisement of eligible voters. Additionally, non-compliance with the requirements for submitting lists of prisoners to the Electoral Commissioner could impact the accuracy of the electoral rolls and the eligibility of prisoners to vote. While the Act does not specify maximum penalties for these breaches, they may be subject to administrative or legal actions, including potential review or judicial intervention to ensure compliance with electoral laws.

Legal classification tags

Area of Law

Elections Law

Prisoner Voting Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Enforcement Powers

Civil Penalty Provisions