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Australian Electoral Law
Australian Electoral Law
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| # | Result | Source |
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| 1 | While the federal franchise was extended to women by the Commonwealth franchise Act1902 (Cth), s 4 of that Act denied voting rights to the “aboriginal native[s] of Australia.” It was not until 1962 that the Commonwealth Electoral Act 1918 (Cth) was amended to extend adult suffrage to Aboriginal people. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | Illiberal, but popular, this move elevated the status of the franchise from a privilege to a duty. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | However to accommodate homeless and peripatetic citizens, those without a fixed address can enroll in the special category of “itinerant electors.” With the franchise essentially uniform, reform debates shifted in the 1970s to focus on to the weight of votes, and issues of apportionment, gerrymandering and redistributions (better known as redistricting in the United States). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Realizing voting rights and voting technologies The procedures to implement the franchise have always posed a challenge. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas (1) For sections 1 and 2 of the Representation of the People Act 1985 substitute— “1 Extension of parliamentary franchise (1) A person is entitled to vote as an elector at a parliamentary election in a constituency if— (a) on the declaration date, the person— (i) qualifies as an overseas elector in respect of that constituency (see section 1A), (ii) is not subject to any legal incapacity to vote (age apart), and (iii) is a British citizen, and (b) on the date of the poll, the person— (i) is not subject to any legal incapacity to vote, (ii) is a British citizen, and (iii) is registered in a register of parliamentary electors for that constituency. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 6 | Promoting awareness of changes to overseas elector franchise 18 (1) The Secretary of State may take whatever steps the Secretary of State considers appropriate to promote awareness among qualifying people of the changes made by section 14 to the overseas elector franchise. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 7 | 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 8 | (2) A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of— (a) inducing or compelling a person to vote in a particular way or to refrain from voting, or (b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 9 | 24 For paragraph 3 substitute— “3 Undue influence (1) A person is guilty of undue influence if the person carries out an activity falling within sub-paragraph (3) for the purpose of— (a) inducing or compelling an elector or proxy for an elector to vote in a particular way or to refrain from voting, or (b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 10 | Consequential repeals 34 The following provisions are revoked— (a) paragraph 10 of Schedule 2 to the Local Government Elections (Changes to the franchise and Qualification of Members) Regulations 1995 (S.I. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
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