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Registered voter served with penalty notice for failing to vote
in federal election
A registered voter failed to attend a polling booth to vote in
the 2016 federal election. He was subsequently issued with a
penalty notice by the Australian Electoral Commission, inviting him
to pay a fine or give reasons why he failed to vote.
Under the Commonwealth Electoral Act 1918, voting is compulsory
in Australia unless an elector has a "valid and sufficient
reason" for failing to do so.
Man abstains from voting intentionally and refuses to pay
fine
The non-voter replied to the penalty notice by letter, informing
the commission that his failure to vote was intentional. He also
provided several reasons for not voting, including that:
Australia prides itself on being a democracy and that forcing
him to vote was inconsistent with his democratic right to
choose.
None of the candidates were worth voting for, as they were
either too radical, could not form a stable government or did not
make it clear what they stood for.
He was less than impressed by the behaviour of politicians and
saw abstaining from voting as a tool to encourage politicians to
behave better.
He had a genuinely held moral code that required him not to
vote.
He refused to pay the penalty, and the Commonwealth Director of
Public Prosecutions charged him, bringing the matter before the
court.
The magistrate who heard the matter determined that the
man's reasons were valid and dismissed the charges against him.
The DPP had 28 days to appeal the decision but chose not to do
so.
Subsequent media coverage of the decision prompted the DPP to
reassess the matter and, three months after the initial decision,
it filed an appeal.
It was for the Supreme Court of NSW to determine whether leave
should be granted to the DPP to bring the appeal out of time and,
if granted, whether the man had contravened the Commonwealth
Electoral Act 1918.
case a - The case for the non-voter
case b - The case for the DPP
The DPP failed to meet the deadline to file an appeal, so the
court should not hear the case.
If the court does hear the case, it should rule in my favour. A
belief that one has a "religious duty" to abstain from
voting is specifically stated in the Act to be a valid and
sufficient reason to abstain. I have earnestly searched for
religion in my life and have found my religious faith in the
principles of freedom. I am duty bound by this faith to abstain
from voting.
Section 116 of the Australian Constitution protects freedom of
religion and extends to encompass minority views. When I abstained
from voting due to my agnostic and well-developed moral faith, I
should have been afforded the same protections as someone who
adheres to a more mainstream religion.
The protection afforded by the law only requires that a person
believes they have a religious duty to abstain from voting. It is
irrelevant how others might view that belief. Since I have a
sincere belief in freedom as my religion and my belief dictates
that I must not vote, I am protected by the law.
The court should grant an extension of time to hear this case,
since it is in the public interest to ensure that there is no
ambiguity in how compulsory voting laws operate.
Although the law recognises religious duty as a valid and
reasonable excuse for not voting, the religion in question still
has to be a recognised religion. The voter's beliefs lack even
a tenuous connection to any recognised religion.
The voter's beliefs are properly characterised as a
conscientious objection to compulsory voting. Neither the text of
the compulsory voting legislation, nor the relevant case law
interpreting it allows the court to find that a non-religious,
conscientious objection to voting?constitutes a valid and
sufficient reason for failing to vote.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
