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Australian Electoral Law
Australian Electoral Law
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| # | Result | Source |
|---|---|---|
| 1 | 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 |
| 2 | However, as Malcolm Mackerras argues, the Senate voting system is really only “semi-proportional” since minor parties must poll a significant primary vote to achieve the 14% quota for a normal half-Senate election, and usually only one seat per state is “up for grabs.” Increasing the number of Senators to be returned would decrease the quota, and in the long-run favor minor parties. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | Yet since outstanding postal votes are a necessary feature of a geographically dispersed electorate such as Australia’s, and will remain definitive in really tight seats, the ultimate result may not be expedited at all. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
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