COMMONWEALTH ELECTORAL.
No. 10 of 1924.
An Act to amend the Commonwealth Electoral Act 1918–1922 for the purpose of making provision for Compulsory Voting.
[Assented to 31st July. 1924.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
No. 27,1918. No. 31, 1919. No. 14, 1921. No. 14, 1922.
1.—(1.) This Act may be cited as the Commonwealth Electoral Act 1924.
(2.) The Commonwealth Electoral Act 1918–1922 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Electoral Act 1918–1924.
2. After section one hundred and twenty-eight of the Principal Act the following section is inserted:—
Compulsory voting,
Cf. No. 36 of 1915 and The Q’land Elections Act of 1885, s. 88. (“Q’land Acts of Parliament 1914-15.”)
128a. (1.) It shall be the duty of every elector to record his vote at each election.
(2.) It shall be the duty of each Divisional Returning Officer at the close of each election to prepare a list (in duplicate) of the names and descriptions of the electors enrolled for his Division who have not voted at the election, and to certify the list by statutory declaration under his hand.
(3.) The list so certified shall in all proceedings be prima facie evidence of the contents thereof and of the fact that the electors whose names appear therein did not vote at the election.
(4.) Within the prescribed period after the close of each election the Divisional Returning Officer shall send by post to each elector whose name appears on the list prepared in accordance with subsections (1.) and (2.) of this section, at the address mentioned in that list, a notice, in the prescribed form, notifying the elector that he appears to have failed to vote at the election, and calling upon him to give a valid truthful and sufficient reason why he failed so to vote.
(5.) Before sending any such notice, the Divisional Returning Officer shall insert therein a date, not being less than twenty-one days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be in the hands of the Divisional Returning Officer.
(6.) Every elector to whom a notice under this section has been sent shall fill up the form at the foot of the notice by stating in it the true reason why he failed so to vote, sign the form, and post it so as to reach the Divisional Returning Officer not later than the date inserted in the notice.
(7.) If any elector is unable, by reason of absence from his place of living or physical incapacity, to fill up, sign, and post the form, within the time allowed under sub-section…
Overview
The Commonwealth Electoral Act 1924, enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, was designed to address the issue of low voter turnout in federal elections by introducing compulsory voting. This Act amends the Commonwealth Electoral Act 1918–1922, requiring every elector to vote at each election, with a process in place for those who fail to do so to provide a valid reason. The policy objective of this legislation was to enhance electoral participation and ensure a more representative democratic process by making voting a mandatory civic duty. The Act established a framework where non-compliance could result in penalties, thereby promoting a culture of active civic engagement.
This legislation was enacted to rectify the problem of low voter turnout, ensuring that every eligible citizen participates in the electoral process. The Act mandated that it is the duty of every elector to vote and provided a mechanism for tracking and addressing instances of non-voting. The amendments to the Principal Act included provisions for the preparation of lists of non-voting electors, the issuing of notices to these electors, and the enforcement of penalties for failure to comply with the compulsory voting requirements. The enforcement of these provisions was to be carried out by the Chief Electoral Officer or an authorized officer, ensuring accountability and adherence to the new voting regulations.
Scope and Application
The Commonwealth Electoral Act 1924 amends the Commonwealth Electoral Act 1918–1922 to introduce compulsory voting for all electors in federal elections. This Act applies to all eligible electors within the Commonwealth of Australia, requiring them to cast their vote in federal elections, which includes the House of Representatives and the Senate. The Act applies to all federal elections held under the Commonwealth Electoral Act 1918–1924 and is administered by the Divisional Returning Officers who are responsible for managing the electoral process at the division level. The Act stipulates that failure to vote without a valid and sufficient reason, or providing false information in response to a notice from the Divisional Returning Officer, constitutes an offence with a penalty of two pounds. The Act extends its reach to the entire Commonwealth of Australia, including all states and territories. There are no stated exclusions or exemptions, though the Act does provide for specific procedural mechanisms for handling cases of non-voting and false declarations. The Act may also be extended or restricted through subordinate instruments such as regulations or guidelines issued by the relevant electoral authorities.
Key Provisions
- The Commonwealth Electoral Act 1924 (Act) introduces compulsory voting in Australian federal elections by inserting new sections into the Commonwealth Electoral Act 1918–1922 (Principal Act). Section 128a, newly inserted into the Principal Act, mandates that every elector must record their vote at each election. This section stipulates that a Divisional Returning Officer must compile a list of electors who did not vote and send a notice to these electors requesting a valid reason for their non-participation. If an elector fails to provide a satisfactory reason, they may be liable to an offence.
- The Act imposes several obligations on both electors and Divisional Returning Officers. Electors are required to cast their votes and, if they fail to do so, provide a valid reason upon request. Divisional Returning Officers must compile and certify lists of non-voters, send notices to these electors, and receive explanations or witness statements from electors or other electors on their behalf. They must also evaluate the validity of the provided reasons and submit the final list to the Commonwealth Electoral Officer for the State.
- Breach of the compulsory voting provisions results in legal consequences. Specifically, Section 128a outlines that electors who fail to vote without a valid reason, fail to respond to the notice within the specified timeframe, or provide false reasons are guilty of an offence. The penalty for such an offence is a fine of two pounds. Additionally, proceedings for these offences can only be initiated by the Chief Electoral Officer or an authorized officer.
- The Act also amends Section 219 of the Principal Act to include compulsory voting in the list of offences, ensuring that the legal framework supports the enforcement of compulsory voting. The penalties and procedural requirements underscore the seriousness with which the Commonwealth treats the obligation to vote, aiming to maintain high voter participation rates in federal elections.
- Area of Law
- Electoral Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Compulsory voting