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Australian Electoral Law
Australian Electoral Law
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| # | Result | Source |
|---|---|---|
| 1 | The House of Representatives voted on party lines to uphold his qualifications and not refer the matter to the courts.20 Yet any person, invoking the “common informer” provisions, can litigate such an issue and the point can also be used as an “irregularity” to found a post-election petition (assuming the member’s disqualification remains at the following election). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | The most famous case is Woodward v Sarsons (1875),27 which addressed administrative problems with the newly enacted secret ballot legislation by invoking the “common law of parliamentary elections.” In Woodward, an eminent bench held that an election could be voided on two grounds: (a) if there was “no real electing at all”—meaning the constituency did not have a free and fair opportunity of electing the candidate the majority might prefer; or (b) if the election was “not really conductedunder the subsisting election laws”— meaning the errors were so fundamental that, in a sense, a different method of election was used to that laid down in the legislation.28 The application of these tests is a matter of great conjecture. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
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