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Australian Electoral Law
Australian Electoral Law
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| # | Result | Source |
|---|---|---|
| 1 | In addition to questions of jurisdiction, there are other questions regarding the standard and onus of proof required to unseat a member. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | But does the onus ever shift to the candidate whose election is impugned? This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | A judge adopting this approach will put the onus squarely on the petitioner to prove the result was probably affected. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Given the secrecy of the ballot, this may be a difficult onus to discharge in the case of people alleged to have voted who should not (or vice versa).23 The opposing approach is that once contraventions capable of affecting the result are established, the fair elections ideal requires the respondent candidates to disprove any reasonable doubt over their election. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | In summary, in many electoral law disputes there will be uncertainty about the level and onus of proof, the applicability of the common law, and the availability of judicial review. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | The onus however lies on politicians to draft clear exemptions to preserve accepted political customs from allegations of electoral bribery. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
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