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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commonwealth Electoral Amendment
(Ensuring Voter Choice Through
Optional Preferential Voting and the
Robson Rotation) Bill 2021
No. , 2021
(Senator McGrath)
A Bill for an Act to amend the law relating to
elections in respect of ballot papers and to provide
for optional preferential voting and ensure voter
choice
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments relating to optional preferential voting
3
Commonwealth Electoral Act 1918
3
Part 2--Amendments relating to ballot papers
6
Commonwealth Electoral Act 1918
6
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
1
A Bill for an Act to amend the law relating to
1
elections in respect of ballot papers and to provide
2
for optional preferential voting and ensure voter
3
choice
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Commonwealth Electoral Amendment (Ensuring
7
Voter Choice Through Optional Preferential Voting and the
8
Robson Rotation) Act 2021
.
9
2
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
No. , 2021
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Schedules
13
Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
17
Amendments
Schedule 1
Amendments relating to optional preferential voting
Part 1
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
3
Schedule 1--Amendments
1
Part 1--Amendments relating to optional preferential
2
voting
3
Commonwealth Electoral Act 1918
4
1 Paragraph 240(1)(b)
5
Repeal the paragraph, substitute:
6
(b) if the person wishes to vote for any additional candidates--
7
writing numbers beginning with the number "2" in the
8
squares opposite the names of those additional candidates in
9
the order of the person's preference for them.
10
2 At the end of section 240
11
Add:
12
(3) If a person records the same preference (other than the person's
13
first preference) on the ballot paper for more than 1 candidate, the
14
ballot paper must be treated as if those preferences and any
15
subsequent preferences had not been recorded on the ballot paper.
16
(4) If a person records preferences on the ballot paper with a break in
17
the order of preferences, the ballot paper must be treated as if any
18
preferences subsequent to the break had not been recorded on the
19
ballot paper.
20
3 Paragraph 268(1)(c)
21
Repeal the paragraph, substitute:
22
(c) in a House of Representatives election, it has no vote
23
indicated on it, or it does not indicate the voter's first
24
preference for 1 candidate;
25
4 Subparagraph 274(7)(d)(i)
26
Repeal the subparagraph, substitute:
27
(i) the candidate who has received the fewest first
28
preference votes shall be excluded;
29
Schedule 1
Amendments
Part 1
Amendments relating to optional preferential voting
4
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
No. , 2021
(ia) each ballot paper counted to the candidate that expresses
1
no preference for another candidate, or expresses
2
preferences for excluded candidates only, shall be set
3
aside as exhausted;
4
(ib) each remaining ballot paper counted to the candidate
5
shall be counted to the candidate next in the order of the
6
voter's preference;
7
5 Subparagraph 274(7)(d)(ii)
8
Omit "and counting each of his or her ballot papers", substitute "setting
9
aside his or her ballot papers that have been exhausted, and counting
10
each of his or her remaining ballot papers".
11
6 Paragraph 274(7AA)(c)
12
Repeal the paragraph, substitute:
13
(c) if subparagraph (b)(ii) applies:
14
(i) set aside as exhausted each ballot paper of an excluded
15
candidate that expresses no preference for another
16
candidate, or expresses preferences for excluded
17
candidates only; and
18
(ii) count each remaining ballot paper of an excluded
19
candidate to whichever of the first or second ranked
20
candidates is earlier in the order of preference expressed
21
on the ballot paper.
22
7 Subsection 274(10)
23
After "informal", insert "and exhausted".
24
8 Schedule 1 (Form F)
25
Repeal the form, substitute:
26
Amendments
Schedule 1
Amendments relating to optional preferential voting
Part 1
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
5
Section 209
1
FORM F
2
3
BALLOT PAPER
HOUSE OF REPRESENTATIVES
[
here insert name of State or Territory as appropriate
]
Electoral Division of [
here insert name of Division
].
Write the number 1 in the box next to the candidate of your choice. You can show more choices,
if you want to, by writing numbers in the other boxes, starting with the number 2.
[1
Here insert name of a candidate.
2
Here insert name of a registered political
party, composite name of registered political parties
or "Independent" if to be printed.
3
Here insert logo of a registered party if to be printed.
]
Remember. . . . number
at least one
box to make your vote count.
1
2
1
2
1
2
1
2
3
3
3
Schedule 1
Amendments
Part 2
Amendments relating to ballot papers
6
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
No. , 2021
Part 2--Amendments relating to ballot papers
1
Commonwealth Electoral Act 1918
2
9 Subsection 4(1)
3
Insert:
4
favoured position
, in relation to a ballot paper for a House of
5
Representatives election, means (reading from the top of the ballot
6
paper):
7
(a) if the names of 2 candidates are to appear on the ballot
8
paper--the first position on the ballot paper; and
9
(b) if the names of 3 candidates are to appear on the ballot
10
paper--the first and third positions on the ballot paper; and
11
(c) if the names of 4 candidates are to appear on the ballot
12
paper--the first and fourth positions on the ballot paper; and
13
(d) if the names of 5 candidates are to appear on the ballot
14
paper--the first, third and fifth positions on the ballot paper;
15
and
16
(e) if the names of 6 candidates are to appear on the ballot
17
paper--the first, second, fifth and sixth positions on the
18
ballot paper; and
19
(f) if the names of 7 candidates are to appear on the ballot
20
paper--the first, second, sixth and seventh positions on the
21
ballot paper; and
22
(g) if the names of 8 candidates are to appear on the ballot
23
paper--the first, second, seventh and eighth positions on the
24
ballot paper; and
25
(h) if the names of 9 candidates are to appear on the ballot
26
paper--the first, second, eighth and ninth positions on the
27
ballot paper; and
28
(i) if the names of 10 or more candidates are to appear on the
29
ballot paper--the first, second, third and last 3 positions on
30
the ballot paper.
31
10 Paragraph 209(7)(c)
32
After "Division in", insert ", as far as practicable,".
33
Amendments
Schedule 1
Amendments relating to ballot papers
Part 2
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
7
11 Section 212
1
Repeal the section, substitute:
2
212 Ballot papers for House of Representatives elections
3
(1) This section applies in relation to the printing of ballot papers to be
4
used in a House of Representatives election.
5
Candidate names and squares
6
(2) Where similarity in the names of 2 or more candidates is likely to
7
cause confusion, the names of those candidates may be arranged
8
with such description or addition as will distinguish them from one
9
another.
10
(3) Except as otherwise provided by the regulations, a square must be
11
printed opposite the name of each candidate.
12
Printing of batches of ballot papers
13
(4) Ballot papers must be printed in batches with the ballot papers
14
within each batch having the same order of candidate names.
15
(5) There must be 2 sets of batches.
16
(6) The first set of batches must be printed in accordance with
17
subsections (8) and (9).
18
(7) The second set of batches must be printed so that:
19
(a) there is a batch corresponding to each batch in the first set of
20
batches; and
21
(b) the corresponding batch in the second set of batches has the
22
name of the same candidate in the first position, but the order
23
of the names below the first name is reversed; and
24
(c) the number of ballot papers in each batch in the second set of
25
batches is, as far as practicable, equal to the number of ballot
26
papers in each batch in the first set of batches.
27
Example: If the order of names on a batch in the first set of batches is ABCDE,
28
the order of names on the corresponding batch in the second set of
29
batches is AEDCB.
30
Schedule 1
Amendments
Part 2
Amendments relating to ballot papers
8
Commonwealth Electoral Amendment (Ensuring Voter Choice Through
Optional Preferential Voting and the Robson Rotation) Bill 2021
No. , 2021
Ballot papers to be printed in equal batches
1
(8) In relation to each candidate on a ballot paper:
2
(a) there must be printed, in respect of each of the favoured
3
positions for the ballot paper, a batch of ballot papers on
4
which the name of the candidate appears in such a favoured
5
position; and
6
(b) the number of ballot papers in each batch on which the name
7
of the candidate appears in a particular favoured position
8
must, as far as practicable, be equal to the number of ballot
9
papers in each of the other batches of ballot papers on which
10
the name of every other candidate appears in the favoured
11
position.
12
Order of names of candidates on first batch
13
(9) For the printing of the first batch of ballot papers, the names of the
14
candidates must be listed in the order determined by the Divisional
15
Returning Officer in accordance with section 213.
16
Order for subsequent batches
17
(10) Subject to this section, the printing order for subsequent batches
18
must be as prescribed by Schedule 2A.
19
Collation of ballot papers
20
(11) The Commissioner must, as far as practicable, ensure that before
21
ballot papers for a House of Representatives election in respect of a
22
Division are distributed to Divisional Returning Officers, each
23
issue of ballot papers is collated in such a way that the ballot paper
24
immediately following another ballot paper in the issue is in a form
25
different from that of the other ballot paper.
26
Issuing of ballot papers
27
(12) When issuing ballot papers, a presiding officer or polling official
28
must, as far as practicable, issue an elector with a ballot paper in a
29
different form from the previous ballot paper the officer or official
30
issued.
31
Amendments
Schedule 1
Amendments relating to ballot papers
Part 2
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through Optional Preferential Voting and the Robson Rotation)
Bill 2021
9
12 After Schedule 2
1
Insert:
2
Schedule 2A--Printing order
3
(section 212)
4
5
1. For the purposes of subsection 212(10), the printing order for subsequent batches of ballot papers must be as follows:
6
(a) if there are the names of 2 candidates on the ballot paper:
7
2nd
batch
B
A
8
(b) if there are the names of 3 candidates on the ballot paper:
9
2nd
batch
3rd
batch
B
C
C
A
A
B
10
(c) if there are the names of 4 candidates on the ballot paper:
11
Schedule 1
Amendments
Part 2
Amendments relating to ballot papers
10
Commonwealth Electoral Amendment (Ensuring Voter Choice Through Optional Preferential Voting and the Robson
Rotation) Bill 2021
No. , 2021
2nd
batch
3rd
batch
4th
batch
D
B
C
C
A
D
A
D
B
B
C
A
1
(d) if there are the names of 5 candidates on the ballot paper:
2
2nd
batch
3rd
batch
4th
batch
5th
batch
C
E
D
B
A
C
E
D
E
D
B
A
B
A
C
E
D
B
A
C
3
(e) if there are the names of 6 candidates on the ballot paper:
4
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
B
E
D
F
C
E
D
F
C
A
A
B
E
D
F
Amendments
Schedule 1
Amendments relating to ballot papers
Part 2
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through Optional Preferential Voting and the Robson Rotation)
Bill 2021
11
F
C
A
B
E
D
F
C
A
B
C
A
B
E
D
1
(f) if there are the names of 7 candidates on the ballot paper:
2
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
7th
batch
B
F
E
G
C
D
F
E
G
C
D
A
D
A
B
F
E
G
A
B
F
E
G
C
G
C
D
A
B
F
E
G
C
D
A
B
C
D
A
B
F
E
3
(g) if there are the names of 8 candidates on the ballot paper:
4
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
7th
batch
8th
batch
B
G
D
H
C
E
F
G
D
H
C
E
F
A
A
B
E
F
H
D
G
E
F
G
B
A
C
H
F
A
B
D
G
H
C
Schedule 1
Amendments
Part 2
Amendments relating to ballot papers
12
Commonwealth Electoral Amendment (Ensuring Voter Choice Through Optional Preferential Voting and the Robson
Rotation) Bill 2021
No. , 2021
H
C
A
G
D
B
E
D
H
C
E
F
A
B
C
E
F
A
B
G
D
1
(h) if there are the names of 9 candidates on the ballot paper:
2
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
7th
batch
8th
batch
9th
batch
B
H
G
I
C
D
E
F
H
G
I
C
D
E
F
A
D
E
F
A
B
H
G
I
E
F
A
B
H
G
I
C
F
A
B
H
G
I
C
D
A
B
H
G
I
C
D
E
I
C
D
E
F
A
B
H
G
I
C
D
E
F
A
B
C
D
E
F
A
B
H
G
3
(i) if there are the names of 10 candidates on the ballot paper:
4
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
7th
batch
8th
batch
9th
batch
10th
batch
B
H
C
E
I
G
F
D
J
H
C
E
I
G
F
D
J
A
Amendments
Schedule 1
Amendments relating to ballot papers
Part 2
No. , 2021
Commonwealth Electoral Amendment (Ensuring Voter Choice Through Optional Preferential Voting and the Robson Rotation)
Bill 2021
13
E
I
G
F
D
J
A
B
H
J
A
F
B
C
E
I
G
I
I
G
A
D
J
H
B
H
C
D
J
B
A
H
C
E
I
G
F
D
J
H
B
A
C
E
F
C
E
I
G
F
D
J
A
B
G
F
D
J
A
B
H
C
E
A
B
H
C
E
I
G
F
D
1
(j) if there are the names of 11 candidates on the ballot paper:
2
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
7th
batch
8th
batch
9th
batch
10th
batch
11th
batch
B
I
C
D
J
G
F
E
K
H
I
C
D
J
G
F
E
K
H
A
D
J
G
F
E
K
H
A
B
I
J
B
K
C
A
H
I
F
E
G
A
G
F
H
K
I
C
B
D
J
K
H
A
E
B
C
G
D
J
K
F
E
H
A
I
B
D
J
I
C
E
K
I
B
D
J
A
C
G
F
C
D
J
G
F
E
K
H
A
B
G
F
E
K
H
A
B
I
C
D
H
A
B
I
C
D
J
G
F
E
Schedule 1
Amendments
Part 2
Amendments relating to ballot papers
14
Commonwealth Electoral Amendment (Ensuring Voter Choice Through Optional Preferential Voting and the Robson
Rotation) Bill 2021
No. , 2021
1
(k) if there are the names of 12 candidates on the ballot paper:
2
2nd
batch
3rd
batch
4th
batch
5th
batch
6th
batch
7th
batch
8th
batch
9th
batch
10th
batch
11th
batch
12th
batch
B
J
C
E
K
G
H
D
L
F
I
J
C
E
K
G
H
D
L
F
I
A
E
K
G
H
D
L
F
I
A
B
J
A
B
H
F
L
J
I
G
E
K
C
D
F
I
A
C
K
J
H
B
L
G
H
A
B
D
I
E
C
J
C
G
K
I
D
L
J
A
F
B
E
K
J
H
K
L
J
I
B
A
G
C
D
E
F
L
G
F
C
E
B
K
A
H
D
L
C
E
K
G
H
D
L
F
I
A
B
G
H
D
L
F
I
A
B
J
C
E
F
I
A
B
J
C
E
K
G
H
D
3
(l) if there are the names of more than 12 candidates on the ballot paper, positions, other than favoured positions, must be
4
determined by the Divisional Returning Officer in accordance with section 213.
5