As a The Local Government Act 1993 No 30 and Electoral Act 2017 No 66 outline valid reasons not to vote accepted by the NSW Electoral Commission. The interpretation of the law presented here is consistent with advice provided to the AEC by its legal advisers, but the application of the law in any particular case is a matter for the courts. In that year 92 percent of that number turned up at the polls to cast their vote. Provisional voters may need to provide evidence of identity (such as a drivers licence or passport). Electors are able to cast an absent (declaration) vote if, on polling day they attend a polling place or voting centre outside of the division, but within the state or territory, for which they are enrolled. or go to court. Provide details as to the booth location and date if they have voted; The State or territory the individual resides in; and. Individuals convicted of treason and have not been pardoned. Section 245(4) provides that a DRO is not required to send or deliver a penalty notice if satisfied that the elector: is dead, was overseas, was ineligible to vote or had a valid and sufficient reason for failing to vote. The High Court gave some practical examples of what would be regarded as valid and sufficient reasons for not voting: Physical obstruction, whether of sickness or outside prevention, or of natural events, or accident of any kind, would certainly be recognised by law in such a case. Can you go to jail for not voting in Australia when you have more than $200. What are various methods available for deploying a Windows application? However, you may visit "Cookie Settings" to provide a controlled consent. I didn't vote - NSW Electoral Commission It is an offence to give false or misleading information on this form. your ballot paper from a polling official, and drop it on the Should I use a temporary state address, if I live in a territory, to ensure my vote carries the same voting power? The sufficiency of the Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. provide the particulars of their voting if they did vote; provide a valid and sufficient reason for not voting; when a person on their way to a polling place is diverted to The AEC is able to assist organisations and individuals by informing them of the legislative requirements in relation to compulsory voting at federal elections, however, the AEC cannot provide legal advice on compulsory voting. being unable, for any reason acceptable to the electoral commissioner, to vote. In some countries, voting is merely a privilege, not a legal Quora - A place to share knowledge and better understand the world This bulletin includes reports, publications, cases and legislation of interest to NSW government lawyers. "[That] would certainly be recognised by law in such a case.". General Voters need to fill Form 6 (Link to online form). One might also imagine cases where an intending voter on his way to the poll was diverted to save life, or to prevent crime, or to assist at some great disaster, such as a fire.[48]. Criminal & Traffic Lawyers Sydney | Sydney Criminal Lawyers , Criminal & Traffic Lawyers Sydney | Sydney Criminal Lawyers , Lyons Law Group | Criminal Defence Lawyers. Recommendation 94 The Australian Electoral Commission should provide Divisional Returning Officers with guidance and training, consistent with the National Decision-Making Principles, to help them determine if a person with disability has a valid and sufficient reason for failing to vote. To print this article, all you need is to be registered or login on Mondaq.com. If a person is found guilty of the offence of failing to vote in an election, a court may impose a penalty of 1 penalty unit. We have some bad news for you. Voting is compulsory in Australia. The type of further action may differ from state to state. The AEC administers the conduct of federal elections and referendums under the provisions of the, In 1912, the former Electoral Act was amended to make enrolment compulsory. New parties and candidates (like Katters Australian Party) who lack wealthy backing can contest elections without spending large sums of money just to get the voters to polling booths. valid reason will face a fine of $20. If you have received a letter called Apparent Failure to Vote Notice for the 2022 State election, dont worry. if the elector does not wish to have the matter dealt with by a court, the elector may pay an administrative penalty of $20. Some were told to call back later. "In my opinion, a "valid and sufficient reason" means some reason which is not excluded by law, and is in the circumstances a reasonable excuse for not voting. If you ignore it, or if your excuse for failing to vote is not accepted, you will get an Infringement Notice. What constitutes a valid and sufficient reason for failing to vote is, in the first instance, is a matter for the relevant DRO to assess on the merits on each individual case, in accordance with the law as previously interpreted by the courts. However, charges such as electoral fraud, which can be committed by casting more than one vote, may have the accused face up to 6 months imprisonment as per Section 339 of the Act. Has anyone copped fines for failing to vote?? If so, how much?? - Reddit An elector may be guilty of an offence under section 245 of the Electoral Act, or section 130 of the Referendum Act, if the elector fails to vote at an election or a referendum, as the case may be, without a valid and sufficient reason for that failure. What are valid reasons for not voting in Australia? Find out more here. The Australian Electoral Commission (AEC) is the federal body ensuring elections are run fairly and abide by the law. The section states that a person shall not: The Divisional Returning Officer (DRO) evaluate whether a reason given for not voting is valid and sufficient, also utilising precedent to maintain fair evaluation. What is a valid reason for not voting? pay to the DRO an administrative penalty of $20. For more information see Internal reviews and special circumstances, To make a request for a review, download the Application for internal review form(PDF, 738kB). As Australians are called on to vote today in the Federal Election, many may find themselves unable to physically get to a polling booth for various reasons. One might also imagine cases where an intending voter on his way to But opting out of some of these cookies may affect your browsing experience. The Court held that while it was legitimate to exclude long-term personal physical inability to record a vote is the only class of exhaustive, but as illustrative, in order to dispel the idea that Courts do not This is why its important to respond to the letter. Returning to the reasons advanced by Mr Warden, Chief Justice Blackburn went on: Without limiting what may constitute a valid and sufficient reason, subsection 245(14) of the Electoral Act, and section 13A of the Referendum Act, provides that the fact that an elector believes it to be part of his or her religious duty to abstain from voting constitutes a valid and sufficient reason for failing to vote., In doing so, the Court observed that for subsection 245(14) of the Electoral Act to apply, the elector must hold a belief that they have a religious duty to abstain from voting, noting that it is difficult to see how compulsory voting could continue to be enforced if an elector could rely upon a defence that a moral framework led him or her to believe that it was their duty to abstain from voting., In considering subsection 245(14) of the Electoral Act, Adams J of the Supreme Court remarked that. You have 28 days from the date of issue to pay or you run the risk of the penalty increasing. After ballot box after voting in the federal election. polling day, Electoral Commissioner compiles a list of the names Do I have to vote? | Electoral Commission of Queensland Uh-oh. democratic process; Prison inmates serving a sentence of three years or longer; The Australian Electoral Commission runs Federal elections and the Victorian Electoral Commission runs state and local council elections. But in Australia, voting is mandatory. To vote or not to vote? The reasons people vote or abstain After this point, the VEC cannot consider requests for payment plans, payment extensions or internal reviews. What will happen if I fail to vote? By using our website you agree to our use of cookies as set out in our Privacy Policy. at some great disaster, as a fire, in all of which cases, in my Physical obstruction, whether of Surveys in Australia also indicate that without the mandate, voter turnout would be uneven. We will review your notice and decide whether you have an acceptable reason for not voting. Didn't vote in the election? Here's what happens If everybody voted, then it would completely change the political map in this country.. If you can't vote because you're overseas, you'll need to advise the Australian Electoral Commission (AEC). Anyone who believes there is a case for legislative amendment to the relevant legislation can lodge a submission to the Joint Standing Committee on Electoral Matters at Parliament House. Election Day? natural disasters or car crashes are all considered valid reasons for not voting. In the High Court it was decided that this was not a valid and sufficient reason, Chief Justice Knox, and Justices Duffy and Starke, remarked: The High Court gave some practical examples of what would be regarded as valid and sufficient reasons for not voting: However, the Court warned this was not the only class of reason that would be accepted, it will depend on the circumstances in each case. receive a fine. Who is exempt from voting in Australia? - Heimduo penalty notice states that the person appears to have failed to This form is also for First time voters and voters who have shifted to another constituency Please fill Form 8 (Link to online form) for any change in (Name, Photo, Age, EPIC Number, Address, Date of birth, Age, Name of relative, Type of relation, Gender). Section 234 of the Electoral Act and section 36 of the Referendum Act, allow assistance to be given to voters, who satisfy the presiding officer, that they are so sight impaired, physically incapacitated or illiterate that they are unable to vote without assistance. If you ignore the Infringement Notice, you will receive a Penalty Reminder Notice. is dead; was absent from Australia on polling day; was ineligible to vote; had a valid and sufficient reason for failing to vote. What to do if you didn't vote in the state election - News.com.au Less than half of those younger than 35 say they would definitely vote without the requirement,. Non-voters receive a letter, asking that they provide a valid and sufficient reason, or pay a A$20 penalty . Schedule 2 to the Electoral Act and schedule 3 of the Referendum Act provide the grounds of application for pre-poll or postal vote. v. McKeon [1926] HCA 33, where Justice Isaacs 1. If the If a person is found guilty of this offence, the court may impose a maximum penalty of 1 penalty unit.. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use.