Voting rights must be maintained during pandemic through accessible telephone voting
The Human Rights Law Centre has today written to the Australian Electoral Commission seeking urgent clarity around the AEC’s interpretation of phone-voting provisions for Covid-19 affected people ahead of Saturday’s federal election.
The AEC has, on its website and via social media, indicated that only Australians who test positive for Covid-19 after 6pm on Tuesday 17 May are eligible for telephone voting. Given the possibility that postal ballots may not arrive in time for those who tested positive prior to that deadline, it is possible that tens of thousands of Australians will be denied the right to vote.
The Human Rights Law Centre is concerned that the AEC’s position seems to misinterpret the authorising provisions in the Commonwealth Electoral Act 1918 and relevant regulations. This misinterpretation risks preventing Australians from exercising their democratic duty. Given the ambiguity arising from the operation of the Act and regulations, the Centre has called on the AEC to interpret the provisions in a way that upholds the voting rights of all Australians.
Hugh de Kretser, Executive Director, Human Rights Law Centre, said:
“The right to vote is the most fundamental part of our democracy. The right of Australians to participate in the electoral process is enshrined in the Constitution and has been upheld by the High Court on many occasions.
“We are alarmed that the AEC is adopting an interpretive approach that seems to be contrary to the intent of the Electoral Act. The AEC’s position risks disenfranchising tens of thousands of Australians unless it is revised. We urge the AEC to clarify its position immediately.”
Media contact:
Evan Schuurman, 0406 117 937, evan.schuurman@hrlc.org.au
Media Enquiries
Chandi Bates
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Acknowledgement of Country
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We pay our respect to Elders past and present. This land always was, and always will be Aboriginal and Torres Strait Islander land. Sovereignty has never been ceded.
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