Compulsory Voting Unconstitutional


1. Introduction

This submission raises a constitutional and civil rights concern regarding Australia's compulsory full preferential voting system. It argues that the current method of requiring voters to numerically rank all candidates, regardless of their perceived competence or acceptability, infringes upon the fundamental democratic right to vote in a manner that reflects individual conscience and informed trust.

2. Summary of Argument

The compulsory preferential voting system requires that a voter allocate a preference to every candidate on the ballot paper, even those the voter may believe to be unqualified, corrupt, or fundamentally incompatible with their values. This system effectively coerces voters into expressing support for candidates they would otherwise reject entirely, thus violating:

  • The implied right to freedom of political communication,
  • The constitutional principle of a free and fair democratic process,
  • The civil liberty to vote in accordance with one's conscience.

3. Relevant Legal Framework

  • Commonwealth Electoral Act 1918 (Cth): mandates full preferential voting in the House of Representatives.
  • Australian Constitution, Section 7 and Section 24: require that Senators and Members of the House of Representatives be "directly chosen by the people."
  • High Court of Australia Precedent: Recognizes implied rights essential to the operation of the Constitution, including freedom of political communication (Lange v ABC (1997)).

4. Violation of Voter Autonomy

Voting is a personal and moral expression of political will. Forcing a voter to assign preferences to all candidates under threat of invalidation of their ballot:

  • Contradicts the principle of free choice,
  • Compels association with candidates the voter may abhor,
  • Diminishes the legitimacy of the electoral outcome.

The act of assigning a number to an untrusted or unsuitable candidate implies a degree of endorsement and compromises the voter's integrity.

5. International Human Rights Implications

Australia is a signatory to the International Covenant on Civil and Political Rights (ICCPR). Article 25 guarantees every citizen the right:

"to vote... at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors."

The current system, by requiring full preferential voting, fails to ensure free expression if it compels voters to rank unacceptable candidates.

6. Suggested Alternative: Optional Preferential Voting

Optional preferential voting allows electors to express preferences only for candidates they support or consider acceptable. This method:

  • Honors the voter's conscience,
  • Maintains the secrecy and integrity of the ballot,
  • Reduces informal vote rates due to accidental errors,
  • Aligns more closely with democratic values and international obligations.

7. Conclusion

The current forced full preferential voting system is inconsistent with the Australian Constitution's implied freedoms and the right to a free and fair election. I respectfully submit that legislative reform is urgently needed to permit optional preferential voting in federal elections, thereby ensuring that every Australian can vote freely and only for candidates they deem worthy of representing them.

Comments

Post a Comment

Popular posts from this blog

Integrating Renewable Energy, Battery Storage, and Clean Coal Technologies for Efficient Power Supply

Engineering Report: Integrating Renewable Energy, Battery Storage, and Clean Coal Technologies for Efficient Power Supply 1. Introduction This report expands upon the previous analysis by incorporating the integration of renewable energy sources (wind and solar) with battery storage, demand-based zero-voltage switching, and clean coal technologies. The objective is to establish a more efficient and sustainable power system that diminishes reliance on inefficient steam turbine-based generation, minimizes pollution, and addresses the challenges of demand fluctuations and peak demand periods. 2. Inefficiencies of Traditional Power Generation Both coal and nuclear power plants rely on steam turbines to generate electricity, which introduces significant inefficiencies: 2.1 Coal and Nuclear Power Indirect Electricity Generation: Coal and nuclear plants cannot generate electricity directly. They rely on steam turbines, which operate at 40-45% efficiency in converting thermal energy to mechani...
Read more

Options for Clean, Viable Energy Alternatives in the Future

Engineering Report Author:  R. Ruys AMIEAust Email:    RonRuys@RuysAustralia.com Mobile:  0423 483 804 Date:     9 December 2024 Abstract This report examines strategies for achieving a sustainable and clean energy future by critically evaluating current energy systems and exploring viable alternatives. It highlights the limitations of traditional heat-based energy systems such as coal, gas, and nuclear fission, and the potential of nuclear fusion, wind, and solar energy. The report advocates for integrating renewable energy with advanced battery storage systems to address intermittency and ensure grid stability. Additionally, it discusses the role of CO2 conversion technologies in reducing emissions and enhancing energy sustainability. Executive Summary With global energy demands rising, reliance on fossil fuels and other heat-based systems continues to harm the environment. Although renewables like wind and solar face challenges such as intermittency, the...
Read more

China's History of Defensive Policy

China's Historical Military Engagement and Defensive Posture China has a unique historical approach to military engagement, characterized largely by a defensive posture rather than overseas expansionism, though there have been notable border conflicts. Here’s an outline of China’s key interactions with foreign forces over the centuries: 1. **Historical Defensive Focus**: China has traditionally focused on internal stability and defense against invasions rather than on military expansion abroad. The construction of the Great Wall is one of the most iconic examples of this defensive strategy, built to protect against northern invasions from nomadic groups like the Mongols and other groups along China's borders. 2. **Invasions by Bordering Empires**:   - **Mongol Conquest**: In the 13th century, China was invaded by the Mongols, who came from its northern border region. The Mongol leader Kublai Khan established the Yuan Dynasty after conquering the Song Dynasty. This was an insta...
Read more