ELECTORAL EQUALITY ACT 2021

Hon. John Quigley [1948

Electoral Equality Act summary

• The State is a single electorate (the whole of State electorate) for the purposes of the election of 37 members of the Council. Each Member elected must receive a quota of a fraction above 2.63%.

• The State must be divided into 59 electoral districts each having an enrolment between 10% above and 10% below the State average with the exception of those districts [currently 6] in which the large district allowance permits fewer enrolments in proportion to greater area.

• must apply to be registered more than 12 months prior to issue of the writ in order to nominate candidates; receive electoral funding and to have their name placed on the ballot paper,
• the Electoral Commissioner can accept, reject or permit modification of applications which are open to objections,
• application for registration must be accompanied by $2000 fee and signed declarations by at least 500 members,
• whilst an individual may be able to join more than one political party, for the purposes of registration, 2 or more parties cannot rely on the same person for the purpose of qualifying or continuing to qualify as an eligible political party,
• registered parties may apply for continuing registration within 12 months of commencement of the Act in November 2021, and
• registration can be cancelled if a party fails to meet registration requirements; e.g. party is no longer an eligible political party or failure to lodge annual return in relation to continued registration.

• Legislative Assembly = $250
• Legislative Council = $2000 - up to $10,000 maximum for a registered party or other group

• optional preferential
• ballot papers present party groups above a horizontal line and individual candidates below
• a vote can be for one or more party groups above the line or,
• for individual candidates below the line
• above the line
• a mark above the line directs preferences only within that group
• mark at least one party group with further preferences onwards if desired
• below the line
• where more than 20 candidates electors must mark at least 20 preferences with further preferences if desired.
• where 20 or less candidates, electors must preference all candidates.
• independents in column[s] to right


Note: Prior to the 2021 reforms a valid vote required the marking of all preferences. Under the LC ticket vote system one mark above the line controlled all subsequent preferences which gave parties and others unprecedented control over results. With 37 to be elected in the one election it was likely the ballot paper would be enormous. The Expert committee appointed by Hon John Quigley recommended the above elegant resolution which returned control over preferences to voters, guarded against excessive informal votes and made unlikely that someone could be elected from an initial vote of 0.24%, an actual result beyond tolerance.