Electoral administration in Australia is usually spared the partisan rancour that blights its every aspect in the United States, but Labor was happy to make an exception yesterday after being presented with a nine-week campaign for the “Super Saturday” byelections in Braddon, Longman, Perth, Fremantle and Mayo.
Down four votes on the floor of the House of Representatives, Labor had already been kicking up a fuss over the government’s reluctance to have the whole thing wrapped up by mid-June — a little audaciously, given the circumstances that have brought the byelections about.
Labor clearly gained traction with its argument that voters should not be denied representation any longer than necessary, as Speaker Tony Smith’s announcement on Monday that the Australian Electoral Commission had advised against a date of June 23 caused most to conclude that an announcement must shortly follow for June 30 or July 7.
While not soon enough to satisfy Labor, either date would have been well in line with the long-term historical norm — although not with the byelections in the Coalition seats of New England and Bennelong last December, both of which were done and dusted in around five weeks.
To the extent that July 28 entered the discussion, it was through suggestions that Labor’s national conference that weekend might prove awkward for Bill Shorten if it came on the heels of poor byelection results a few weeks before.
As such, few were prepared for Smith’s announcement yesterday that the byelections would be held on that very day, in accordance with further advice received from the electoral commissioner Tom Rogers.
Rogers’ latest advice to Smith advanced two points, the first of which elaborated on what was stated on Monday: that it would be necessary to bed down new regulations and procedures to protect the candidate nominations process from further section 44 mishaps, which had recently been the subject of a bipartisan recommendation of the Joint Standing Committee on Electoral Matters.
It now emerged this would take two weeks, and that the 33-day minimum timetable for a byelection campaign could not begin until it was complete.
That seemed to suggest July 14 would still have been tenable at a minimum – were it not for the second, hitherto unidentified obstacle of school holidays, which would affect one state or another both that week and the next.
On this count at least, Labor can be forgiven for sounding unconvinced, as the byelection that confirmed the Liberals’ hold on Bennelong had been conducted just nine days before Christmas.
Shortly after Smith’s announcement, Rogers was put through the wringer in Senate estimates by Penny Wong, who charged that his advice had, at a bare minimum, the appearance of partisanship.
It remains to be seen if the looming marathon campaign confers as much advantage on the Coalition as Labor’s umbrage might seem to suggest.
One consequence for the Liberals, for better or worse, is that it allows plenty of time to revisit their contentious decision not to field a candidate in Perth.
This was reached a fortnight ago by the party’s state executive, an outcome that was seen to reflect Senator Mathias Cormann’s influence on the internal affairs of the state branch.
It now faces a challenge at tomorrow’s meeting of the larger state council from its principal opponent, Senator Dean Smith.
The publicly stated justifications for the forfeit were expense and electoral futility, although another factor may have been a desire to keep the issue of GST revenue off the agenda at a time when the party was hoping to poach a seat off Labor in Tasmania, where the issue plays out very differently.
However, the decision has infuriated the party’s rank-and-file, and informed observers say the vote on Smith’s motion could go either way.
This is political ball tampering, aka cheating. The coalition’s yellow sandpaper signifies it’s coarse objectives, abrasive delivery, and attempting to gain advantage by unfair means. As per usual political commentators are prepared to let these very undemocratic abuses go through to the keeper and unfortunately the judge, jury, and executioner is also the perpetrator.
A word perfect description.
I don’t think that the Electoral Commissioner will be voting for a change of government.
The High Court’s recent ‘misunderstanding’ or removal of the word ‘reasonable’ also reeks to high heaven of ‘partisanship’; so what’s bloody new?
How can the High Court just decide to remove the word ‘reasonable’ from the constitution? I thought a referendum was required to change/remove words from, the constitution.
Further…isn’t the HC supposed to hand down decisions based on what the constitution says, not what they would like it to say????
I’m confused! No wonder the ALP is as well!!
I don’t think “reasonable” is in S 44 of the constitution. I think it was in a previous High Court judgement.
You are quite right TC…I should have read Section 44 of the constitution before commenting!
The term ‘reasonable steps’ must have been included in the judgement handed down in the Sykes v Cleary case in 1992, and has been the standard since that time. That being the case, the advice given to Labor by its constitutional experts was correct, and they should have been able to rely on that advice.
The HC just changed its mind, so I guess ‘reasonable steps’ is now out!!
Yep, I understand that but maybe I’ve been watching too many American law dramas. I just thought that a precedent was law? And so it would seem for many lawyers who actually get paid to ‘know’ these things.
Oh leave it *OUT*!!!!! The AEC gave a *range* of dates, & the Libs have deliberately gone with a date that would most grossly inconvenience the Labor Party, but which also leaves these 5 seats without proper representation for the longest possible time. I think it is this latter issue that is going to backfire on the Librorts Party in Mayo, Longman & Braddon (as they’re too cowardly to even contest the seats in WA).
If the boot was on the other foot, they would have pulled the same stunt. You’re forgetting the fiasco Gough caused back in ’75. No ALP member was calling foul with how GW nearly bought the country to it’s knees, with capricious stupidity with monetary and fiscal issues. But Aussies can’t bear to see reason in politics, only their “party” loyalty. (Not that I’ve ever seen reason in politics! Hahahahahaha…)
The only “fouls” committed back in 1975 was when Joh Bjelke-Petersen (a Nat) decided to abandon precedent & replace a Labor Senator with a Conservative, when a casual vacancy arose; & when Fraser (a Lib) decided to block supply in the senate (again, an unprecedented move) & then chum up with the Governor General to secretly organize the sacking of a democratically elected sitting government…..largely at the behest of Rupert Murdoch.
Nah, as much as you choose to deny it, almost all the truly dirty tricks committed in Australian politics have been committed by your employers, the Liberal Party. Still, your little rant does make your final comment seem terribly ironic, given that your obvious party loyalty has made you blind to reason or facts.
Nice rewriting of history there. If I recall correctly it was Malcolm Fraser’s blocking of supply that brought on the crisis, not Gough Whitlam’s actions.
I don’t think Labor was being audacious at all. For about 2 decades, a fairly good legal definition of “all reasonable steps” had been established as a precedent. By the definition set by that precedent, 4 out of the 5 MP’s re-contesting their seats should have been in the clear, unlike the Liberal/National MP’s who never even *bothered* to ascertain their citizenship status. The High Court has behaved in what I currently consider to be a partisan fashion. One can only hope that they can prove otherwise by making similar judgements against Liberal & National MP’s.