COMMENT: Michael DiFabrizio
GOING after the integrity of Australia’s voting system is not a path any politician should pursue lightly.
And if they do, at a bare minimum, it should come from an informed place.
Member for Farrer Sussan Ley appeared to fail on both fronts on Friday, when bizarrely taking aim at the Australian Electoral Commission, seemingly to score cheap political points or to sow doubt and confusion.
Ms Ley, whose electorate includes Wentworth Shire, questioned whether the Voice referendum later this year would be “fair”.
When filling out their ballot, voters will have a simple job: write “yes” or “no” in the box provided.
This is made clear on the ballot paper – in big letters under “Directions to voter” and again underneath the box.
The overwhelming majority of voters will follow these instructions and cast formal votes.
Inevitably, though, a small number will instead mark a tick or cross.
For these ballots, the Referendum (Machinery Provisions) Act 1984 stipulates that “the voter’s intention, so far as that intention is clear” must be taken into account.
As the AEC points out, this principle has been in place for at least 30 years and six referendum questions.
“The longstanding legal advice provides that a cross can be open to interpretation as to whether it denotes approval or disapproval: many people use it daily to indicate approval in checkboxes on forms,” the AEC said.
“The legal advice provides that for a single referendum question, a clear tick should be counted as formal and a cross should not.”
Opposition MPs, including Ms Ley, had the opportunity to change this interpretation.
As recently as this year, Parliament passed an amendment specifying that “Y” and “N” should be counted as formal votes.
Ms Ley didn’t pursue a ticks-and-crosses amendment then. Nor did the Coalition legislate such a change at any time while in government since 1984.
Yet Ms Ley had the audacity to tell national television that the AEC was in the wrong.
“It’s actually an issue for the AEC,” she told Sunrise, arguing that a cross should be counted as a no vote.
“I think (Labor MP Jason Clare, also appearing on the show) should be talking to them and be absolutely firm on having a fair referendum.”
Actually, Ms Ley, it’s not the AEC’s job to be setting the rules.
It is your job, as a parliamentarian, to pass, uphold or debate legislation setting the rules – or at the very least demonstrate that you know the legislation.
And to question whether the referendum can be considered “fair”, even when it follows the same rules as the last six?
Sounds great if you’re an ego-obsessed American president whose been booted out of the White House, but is that the level of discourse we need around our highly regarded electoral commission?
You can do better than this.
