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Australian Electoral Law

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1 Our concern is with electoral law proper and we leave boundary questions about the nature of parliamentary democracy, such as the length and flexibility of parliamentary terms and qualifications for election, to the broader field of constitutional law. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
2 In Sue v Hill, the High Court held that a petition to unseat a successful candidate on the basis of a lack of qualifications was an exercise in judicial power. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
3 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
4 ELECTORAL EQUALITY AND VOTING RIGHTS The franchise, one-vote one-value and boundary apportionment Outside local government elections, the remnants of plural voting and property qualifications came long ago to be seen as too undemocratic for Australian democracy. This makes 2003 a good time to reflect and take stock of Australian electoral law. Australian Electoral Law
5 For purposes of paragraph (1), the term “candidate” means, with respect to any Federal, State, or local elective public office, an individual who— (A) publicly announces that he is a candidate for nomination or election to such office, and (B) meets the qualifications prescribed by law to hold such office. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. USA Electoral Law
6 Section 34 [Special qualifications of Representatives] Until the Parliament otherwise provides, the qualifications of a member of the House of Representatives shall be as follows: (i) He must be of the full age of 21 years, and must be an elector entitled to vote at the election of members of the House of Representatives, or a person qualified to become such elector, and must have been for three years at the least a resident within the limits of the Commonwealth as existing at the time when he is chosen: (ii) He must be a subject of the Queen, either natural born or for at least five years naturalized under a law of the United Kingdom, or of a Colony which has become or becomes a State, or of the Commonwealth, or of a State. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
7 Section 16 [Qualification of Senators] The qualifications of a senator shall be the same as those of a member of the House of Representatives. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. Australia Constitution
8 (6) A fundamental reform of the vocational qualifications system is being undertaken by the National Council for Vocational Qualifications. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
9 It aims to develop a system of nationally recognized vocational qualifications based on standards of workplace competence set by employers. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
10 Equal esteem for academic and vocational qualifications is being promoted with clearer and more accessible paths between them. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown. United Kingdom Constitution
11 Section 2 [House of Representatives] (1) The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the qualifications requisite for Electors of the most numerous Branch of the State Legislature. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
12 Section 5 [Rules of House and Senate] (1) Each House shall be the Judge of the Elections, Returns, and qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
13 The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. USA Constitution
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