Unit 2 WA ATAR P&L: Electoral Systems In Australia

Respecting rights = ...

crucial feature of liberal democracy and key component of the rule of law.

Minority Gov

e.g. Gillard Gov (2010 -2013): negotiations with independents and green member in a bid to gain their support on confidence and supply and so form government.

Majority Gov

e.g. Turnbull Gov, had one seat majority - they can pass anything they want.

Vote Wastage

elector's vote does not contribute to electing a representative - voters are hence unrepresented.

Malapportionment in the Legislative Council

every 1 metro vote in 1989 = 1.76 South West = 3.88 Agriculture = 5.82 Mining & Pastoral every 1 metro vote in 2017 = 2.74 SW = 2.5 Agri = 3.27 M&P

Proportional Voting (Legislative Council)

(Above) - GROUP TICKET VOTING - Electors place a 1 in only one of the boxes above the line. This gives the party chosen the right to allocate preferences according to their group ticket vote. (Below) - EXHAUSTIVE BALLOT VOTE - Electors number every box below the line in order of preference.

Proportional Voting (Senate Post 2016)

(above) Electors number boxes 1-6 (min) above the line. Their preferences are distributed to the relevant parties according to this preference. No possibility of preference whispering.

STV/PR - Pros (4) - Cons (2)

+ Hard to predict an outcome + Less vote wastage + Possibility for minor and micro parties to win seats + Diversity in the senate to enable a house of review - system is complex and most people don't understand how their votes are distributed. - Complexity means that results take a long time to be published.

citizens '...' or '...' representatives t re-present them in parliament.

- 'DELEGATE' = to give authority for someone to act on your behalf - to entrust is to place your confidence in another to act in your best interest 'TRUSTEE'

First Past the post in Australia

- 1901 first commonwealth parliament. - Commonwealth franchise Act 1902 and commonwealth electoral at 1902 established electoral procedures for electing future parliaments. - FPP was replaced in 1918 when the commonwealth electoral act 1918 overrode the 1902 act. this was due to strong majorities in both houses, negotiations & consensus was hampered by the lack of alternative parties, scrutiny of bills and debate were ineffective. - An opposition controlled senate tended to be obstructionist - undermined majority rule in the lower house.

Requirements of Free, Fair and regular elections: (6)

- A FREE AND EQUAL VOTE; Electoral procedures and systems must encourage max possible participation. One vote = one value - A VOTE WITHOUT PRESSURE; Secret ballot - exercise vote freely. - FREEDOM OF INFORMATION; Democratic choice must be based on the existence of fundamental political freedoms, such as speech, assembly and media. - AN EXTENSIVE RIGHT TO STAND FOR OFFICE; Electors must provide genuine choice. - A PREDICTABLE PATTERN OF ELECTIONS; Elections must be held regularly according to a set pattern. - INDEPENDENT ADMINISTRATION; An independent electoral commission is essential to reduce the capacity of an election to be manipulated.

Characteristics of a Fair Electoral System (4)

- provide political choice - value votes equally and be fair to political parties - create a stable government - facilitate accountability

Rights

= universal freedoms and entitlements. (Civil, political, social and cultural.)

One Vote = One Value

- The notion is that each member of parliament represents and is elected by, a comparable number of electors. - Boundaries are distributed on the basis that every district would have an equal # of electors (+ or - 10%) - In some cases legislation may provide for exceptions to give separate considerations to remote and regional areas.

Majoritarian Systems:

- effective at achieving majority rule, strong representational links between elected members of parliament and their constituents. - distort the size of the winner's margin (winners bonus) both in individual electorates and in parliament, reduce political participation by minimizing minor party representation.

Compulsory Voting

- A part of the Australian electoral process that requires all eligible Australian citizens to 'vote'. They are required to attend a polling place on Election Day or before (pre-polling) or return ballot papers by postal voting. A fine is the penalty for not voting. - duty rather than a right to vote. - 97.1% of eligible aus citizens enrolled in 2019. - 91% eligible, enrolled citizens voted in 2016 HOR, and 91.9% Senate. - Never fallen below 90% since 1924.

Implication of Malapportionment (2)

- Anomalies, - Singleton (Metro) requires 68,000 voters to elect a Councillor, - Madora Bay (South West) requires 37,000. - They are only 5 km apart. - OVER-REPRESENTATION - In 2016 Quota for senate was 20,000 in Tas and 350,000 for NSW.

Against Compulsory Voting.

- Donkey Votes - not knowing who to vote for, politically uneducated, election based on position on ballot paper rather than actual preference. - Voting how you are told rather than own beliefs due to politically uneducated. - family/friend receives more votes. - Safe seats - parties will ignore them. As they are not tightly fought electoral contests. e.g. in 2018 by-election, liberal did not run candidates in Perth or freo electorate, as they were labor safe seats. in 2016 31000 in Perth and 33000 in freo voted lab. in 2018 they had no one to represent their worldviews.

2016 Senate Electoral Reform -- Commonwealth Electoral Amendment Bill 2016 (CEA)

- Feb 2016, Gov first introduced CEA. Amended the Commonwealth Electoral Act 1918 as per 6 recommendations from the (JSCEM) in an interim report 2014, following the 2013 Senate election. 1. Optional preferential voting (above and below the line.) 2. min 6 preferences above or 12 below (rather than 1 above or all below) 3. Group Ticket Voting was abolished. 4. Addition of party logos next to party names, 5. Increase in allowed errors before a vote becomes informal, (3-5 or 90% correct) 6. Party registration criteria changes. - Voting is easier due to not having to number all the boxes below the line, and voters are hence more inclined to vote below the line. :. enables a more accurate view of the public.

Ricky Muir & GTV

- Group Ticket Voting - Ricky Muir was a candidate for thr Australian Motoring Enthusiasts Party. He recieved only 0.51% of formal 1st preference votes (0.0354 of the quota). As a result of 'preference whisperer' Glenn Drury, he was able t transfer 143,118 votes from the Sex party whose votes had already been transferred from 23 other parties. - Voters are unable to determine how their votes are counted due to the sheer length and complexity of GTV. GTV allows for parties to 'game' the system.

Free Fair and Regular as defined by the UN

- International Human Rights Convention's Universal Declaration of Human Rights, Article 21 - " The will of the people...shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures." - Genuine election = free and fair = all citizens must be subject to the same conditions and opportunities. - periodic = regular. e.g 1/2 senators go up for election every 3 years. (set term of 6 years). HOR has a max term of 3 years. - Universal suffrage = every citizen has the right to vote = no disenfranchisement, regardless of any factors. - AUS excludes under 18yrs, jail for more than 3 years, treason, non-citizen, mentally unable.

Impact Of Malapportionment - (1) - Lab (1) - Nationals (1) - Labor (1) - One Nation 2017 election (1)

- Political parties appeal to different sections of society, - Labor generally appeals to the working class and lower income earners. With policies focusing on problems faced by these groups such as encouraging equality through welfare. Tends to succeed in Mining & Pastoral region. - Nationals generally appeal to farmers and agricultural workers with policies focusing on problems faced by the rural Australia. Tend to succeed int the Agricultural region. - Liberals generally appeal to middle-class Australians with policies focusing on improving things for big business and traditional conservative values. - Due to malapportionment increasing the weight of voters outside of the metro area, One Nation was able to gain two seats in the Upper house after the 2017 election. (Tinknel & Robin Scott)

STV/PR - - Steps (4) - Quota - Surplus votes - Transfer Value

- Quota = calculated as [(# of formal ballot papers / # of seats +1)+1] - Senate quota = 14.3% Step 1: Calculate the quota. Step 2: Votes are counted and a candidate achieved the quota. He/She gains a seat. Step 3: Surplus votes are then calculated. ( Total # of votes received by candidate - quota required = surplus votes). e.g. Bob = 64219 votes. Quota = 33501. Surplus = 61219 - 33501 = 30718. ****Glen Dreary & Ricky Muir **** Step 4: Surplus votes must be transferred at a reduced rate = (Surplus votes / total # votes for candidate) = transfer value. Transfer value = reduced value that votes are transferred at. e.g. 30718/64219 = 0.47833

High Court Case - Day v Australian Amendment Electoral Officer 2016

- SA Family First Senator Bob Day challenged the amendment under s7 and s9 of the constitution. - s7 representative must be 'directly chosen by the people,' - above line made votes vote for parties and not individuals. High court overruled as voters can vote below if they desire. - s9 voting 'method...be uniform for all states' - above and below are two different voting methods. Overruled. - 12th May 2016 - unanimous decision to dismiss the case. Act was hence deemed constitutional.

STV/PR - def (1) - Pros (4) - Cons (4)

- Single Transferable Vote Proportional Representation. Used in the senate since 1949. + fairer to electors, candidates and political parties because all candidates and parties that can achieve a quota can win a seat. + Creates a multi-party system. system more accurately mirrors the diversity of society. + reduces incentive for parties to pick 'conventional' or 'safe' candidates. + Produces a 'hung' senate because there is no winner's bonus to exaggerate a winner's margin. No party can control the procedures of a hung senate or be guaranteed victory when voting on motions or bills. The result is a house in which multi-party negotiations and consensus are essential. * more likely to check and balance a government dominated lower house. - Difficult to understand elections and vote counting - complex - impasse in government - due to hung senate. - Non-majority senate blocking bills passed by majority controlled HOR undermines the principle of majority rule. - weakens direct representation and accountabilityy - lectors don't know who is representing them

Gerrymandering & why Australia does not have this.

- The deliberate manipulation of electoral boundaries to distort the vote in favor of one political party. - Australia has the AEC (Australian Electoral Commission) which is politically impartial and responsible for drawing electoral boundaries.

Fundamental political rights (5)

- right to vote - freedom to associate with other people. - freedom to assemble in groups which have a political purpose. - freedom of access to political info trough a free press/media. - freedom of political communication, which is a form of freedom f speech.

Preferential voting - Aus (1) - Def (2) - Steps (3) - Pros (5) - Cons (2)

- used in both houses since 1918. Senate stopped in 1949 - Electors vote by numbering the boxes in order of preference. - The candidate needs an absolute majority to win (50%+1) Step 1: Count all first preferences. Step 2: If no candidate has an absolute majority, remove the lowest performing candidate and redistribute their second preferences. Step 3: Continue until an absolute majority has been reached + No vote wastage (reduced) + No vote splitting + no concern about voting strategically. + majority rule + promotes accountability - over representation of major political parties and under of min/micro. - preference deals through 'How To Vote Cards' depicting how best to get a party elected.

Constitution caused Malapportionment

-Senate - requires states to have equal representation, despite different populations. - HOR - in Tasmania's favor

Post 2013 - effect of abolishing GTV - (1) - Concern that there will be less chance for micro & minor parties to be elected and hence disenfranchisement of minority views. (4) - Concern about vote wastage

1a.- Preference flow is now controlled by voters - they have more direct control. 2a. Prior to CEA bill - 70% of senate seats = major parties, 30% = micro/minor. 2b- 2016 double dissolution election - 69.7% maj to 30.3% min/micro. 2c- 2019 election - 77.5% maj to 22.5% min/micro. 2d- Concern that drop would be significant to disable the senates position as a house of review however, decrease was small. Also as 77.5% is divided by 2 parties, there is still no majority and bills are still well reviewed and scrutinized. However, the decrease can still impact representation. 3a. Vote exhaustion is minimum as voters still manage to elect at least one of their higher preferences.

First Past The Post - Def (2) - Pros (3) - Cons (7)

= Electors vote by placing a tick or one in only one of the boxes. = Candidate with the most votes wins. + Only one candidate represents electors - know who to hold responsible for quality of representation received. + easy to understand (voters), minimal knowledge needed. + easy to count - clear winner. - no absolute majority needed (50%+1) only a simple majority which means that the winner may not be representative of the majority interests. - minority rule. - Voting against rather than for - inevitable two party system - typically anyone who votes for a minor party is wasting their vote. :. strategic voting - minor parties know that they can't be elected, so they stop running campaigns and hence decrease diversity. - Gerrymandering - Spoiler Effect - Vote Wastage - Vote splitting

Spoiler Effect

A phenomenon where a minor party draws its votes mainly from one major party, thereby tipping elections to the other major party.

Australia's Two System Electoral Compromise:

Every elector has two votes: 1. Majoritarian - Single member electoral system = PV = HOR 2. Proportional - Multi member electoral system = STV/PR = Senate

Malapportionment In the Lower House / Legislative Assembly

Existed until the Government passed the (one vote = one value) legislation in 2009 where each lower house seat has roughly the same population.

What enables citizen participation to be constant, rather than periodic?

Pressure groups.

Constituency

The alternative name for an electorate

Malapportionment

The drawing of electoral boundaries to allow a large variation in the number of constituents in different electorates.

Citizens

The inhabitants of a sovereign nation state ( and a state within federation) who possess political rights and freedoms, participate in their own government and enjoy protection of these rights by law. Citizens also enjoy legal rights protecting them from the arbitrary use of power.

Proportional Representation Systems:

aim to reflect the proportion of the vote received by a political party as a proportion of seats gained in the parliament. - effective at producing fairness for political parties, representation of diversity. - undermines majority rule and weakens the links between representatives and their constituents.

By-election

an election held in one lower house electorate for the purpose of replacing a Member of the House of Representatives who has vacated the seat between general elections.

Ideology

complete worldview - guides party's policies, which makes them consistent & coherent.

Fair Elections

process by which citizens choose their law makers and governors. Most accurately reflect elector's choices and also deliver stable government and accountability.

Absolute Majority

the required majority to win in a preferential voting system; a majority of 50%+1 of all formal/valid votes.

Vote Splitting

two ormore similar political parties compete for the same electors. Third party with less voter support may win because neither of the similar parties win enough votes on their own. popular party loses. e.g. cat and dog are right wing, lizard is left. cat wins 33 dog wins 33 lizard wins 34 lizard wins with 34% of pop. support. However 66% of population are right and not left and are hence unrepresented.

Secret Ballot

voting must be secret so that electors cannot be intimidated or pressured when making their personal political choice.