The Australian Electoral Commission

9.1. There shall be an Australian Electoral Commission with a national office and offices in each Region. The Commission shall have a Chief Electoral Commissioner.

9.2. The Chief Electoral Commissioner shall be accountable to the Parliament and shall conduct elections at the National and Regional levels as prescribed in this Constitution.

9.3. The President shall appoint the Chief Electoral Commissioner taking advice from the Public Service Board.

9.4. The Chief Executive Officer of each Region shall appoint an Electoral Commissioner taking advice from the Public Service Board and the Chief Electoral Commissioner.

9.5. Chief Electoral Commissioners and Electoral Commissioners shall normally be senior Public Servants with experience in the field. Where a suitable Public Servant is not available, the President and Chief Executive Officers may appoint persons from outside the Public Service subject to veto by the Parliament and Regional Assembly respectively.

This veto provision is to provide “a check and balance”. It will serve to prevent nepotism or cronyism corrupting the electoral process.
 

Presidential Elections

9.6. The People of Australia shall elect a President as prescribed in this Constitution.

The People have made it abundantly clear in numerous polls that our Head of State should be an Australian Citizen and that he should be elected by the People not appointed by politicians or anybody else.
 

Parliamentary and Regional Assembly Elections

9.7. The People of each of the Regions established by this Constitution shall elect a Chief Executive Officer (Mayor) of the Region.

9.8. The People of each of the Regions established by this Constitution shall elect a fellow Citizen from each electorate of 5000 to represent them in the Regional Assembly.

9.9. Regional Assemblies shall elect a Member (or recent Member) of the Regional Assembly to represent the Region in the National Parliament.
 

Staggered Elections

9.10. Elections of representatives at both the national and the regional levels shall be staggered to provide continuity and to ensure a continuous flow of new representatives.

This arrangement of “staggered” elections has many advantages;

a.      It avoids the “big bang” election day.

b.      It allows elections to be conducted quietly and calmly in one or two electorates at a time; without the voters being bombarded by national advertising campaigns.

c.       It allows the voters to concentrate their attention on selecting a candidate in their electorate without being distracted by extraneous material about candidates in other electorates.

d.      It eliminates interruption to the normal business of government that occurs with “big-bang” elections.

e.       It avoids the tendency with “big bang” elections for extravagant promises to be made, and

f.        It ensures changes to policy are gradual, predictable and marginal.

 
Voting

9.11. All Citizens 18 years of age and over shall register to vote with the Australian Electoral Commission.

9.12. Registration for voting shall be compulsory.

9.13. Voting at elections, referenda and plebiscites at both National and Regional levels shall be compulsory unless precluded by physical or mental disability, incarceration in prison, or absence overseas.

Compulsory voting is most appropriate for Australian society for the following reasons:

a.      Decisions taken must be seen as being the decision of everybody not just a select few.

b.      A predominant Australian characteristic is to be “laid back”, to adopt an attitude of “she’ll be right mate”. Such an attitude leaves the society open to be dominated by fanatical groups.

c.       A primary reason for “the great Australian apathy” is that, under the current system of government, People realise they can have very little influence on the way things are done so there is little point in taking an interest. However, this Constitution puts power back in the hands of the People and they will therefore be much more willing participants in the challenges that face society after this Constitution is introduced.

9.14. Proof of Citizenship at time of registration and voting shall be compulsory.

9.15. The system of voting in all elections shall be by ‘limited secret ballot’ using the optional preferential system described herein.

Currently a secret ballot is used. This is considered unsatisfactory because it is virtually impossible adequately to investigate for corruption. A “limited secret ballot” is one in which it is possible for the Electoral Commission to verify the legitimacy of votes.

9.16. The Electoral Commission shall conduct spot checks to ensure the integrity of the system. Candidates and their scrutineers shall be invited to witness these spot checks.

9.17. Behaviour contrary to the intention of electoral laws shall be regarded as a serious offence against this Constitution.

A serious offence is one involving a fine of greater than 104 x AWE and/or imprisonment for two or more years.

9.18. It shall be illegal to coerce the vote of any voter in any manner. Voters shall not be persuaded by any ranking of preferences on “how to vote cards” or any other method.

9.19. Only names and photographs of candidates shall appear on ballot papers (or their equivalent in electronic voting).

This measure is to ensure that voters are aware they are voting for a person to represent them – not an unaccountable organisation.

9.20. One A3 page displaying each candidate’s manifesto shall be permitted in each polling booth and on the website of the Electoral Commission. This display shall include a photograph of the candidate.
 

System of Voting

9.21. The voting system used shall be the Optional Preferential Voting (OPV) system prescribed as follows:

a.    Voters may choose to indicate one, two, three or four preferences.

b.    The first choice and up to three other preferences are counted in the first count. A first preference vote counts as one point, a second preference as ^1/₂ point, a third preference as ^1/₃ of a point, and a fourth preference as ^1/₄ point.

9.22. The candidate recording the highest number of points shall become the Representative.

OPV effectively extends electors' opportunities to exercise their franchise by adding two additional options to a compulsory preferential voting system in that a valid vote may be cast by either:

-plumping for one candidate (i.e. expressing a single primary preference for one candidate only); or
-expressing a partial distribution of preferences (i.e. expressing preferences for some but not four candidates on a ballot paper); or
-expressing a full set of preferences (i.e. ranking four candidates on the ballot in order of preference).

 
Recall

9.23. Constituents at each level may recall their representative as prescribed in this Constitution at any time and hold a fresh election.

This power of recall in the hands of voters is a very powerful tool in the quest for accountability. When coupled with the recording and publishing of the vote of each representative in the Parliament and the Assemblies each day, it puts voters in control of their representatives. Knowing they can be recalled at any time, representatives will consult and acquaint themselves with the views of their constituents before voting on any issue.

9.24. The President shall be recalled following a 75 % vote in favour of such recall by the People voting at a referendum. Such referendum shall be initiated by the People in accordance with Schedule 3, by ten Regional Assemblies consisting of five metropolitan and five non-metropolitan Regional Assemblies, or by a 75% vote of the Parliament.

9.25. The President shall be recalled following a 75% vote of the Parliament in favour of such recall following indictment of the President by the Parliament on charges of misconduct, malpractice, incompetence or malfeasance.

9.26. A Regional Chief Executive Officer may be recalled following a 75% majority vote in the Regional Assembly or by a 75% majority vote of the People of the Region voting at referendum. The People of a Region may initiate such a referendum with a petition signed by 20% or more of voters in the Region verified by the Regional Electoral Commissioner.

9.27. At the Electorate level, recall of a Representative shall occur upon receipt by the Regional Chief Executive Officer of a petition signed by 1000 or 20% or more of the voters whichever is the lesser. Following verification by the Electoral Commissioner, the Chief Executive Officer shall direct the Regional Electoral Commissioner to conduct a new election. The recalled representative may be a candidate in the new election.

A petition of 1000 voters or 20% or more is considered necessary to indicate a substantial degree of dissatisfaction in the electorate.

A recalled representative is allowed to stand as a candidate in the subsequent election because;

a.      he may still be judged the best representative among those standing, and

b.      he may have received more than 20% of votes at his original election and it would be incongruous to have him unseated by a lesser vote.

9.28. A Regional Representative to the National Parliament shall be recalled following a 75% majority vote in favour of recall by a Regional Assembly.
 

Casual Vacancies

9.29. If the office of President becomes vacant for any reason the Vice President shall become the President.

9.30. If the office of Vice President becomes vacant for any reason the office of Vice President shall be offered to the Presidential candidates receiving the next highest number of votes.

9.31. If the office of Regional Chief Executive Officer becomes vacant the Deputy Chief Executive Officer shall become the Chief Executive Officer for the remainder of that term of office.

9.32. If a vacancy occurs in the Parliament for any reason, the appropriate Assembly shall elect a new Representative.

9.33. If a vacancy occurs in a Regional Assembly for any reason, a new Representative of that electorate shall be elected.
 

Disputed Elections

9.34. Disputed elections shall be resolved by the Constitutional Court.

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