A parliamentary committee is proposing significant new regulations for election day conduct following widespread reports of harassment and intimidation at polling places during the last federal election. The Joint Standing Committee on Electoral Matters (JSCEM) has tabled an interim report recommending stricter controls on third-party campaigners and an expanded exclusion zone around polling booths, aiming to prevent what some described as an “assault on our democracy.” The committee cited a substantial increase in complaints to the Australian Electoral Commission (AEC) and a rise in threats against candidates as evidence of escalating problems.
Escalating Concerns Over Election Day Conduct
The interim report from the JSCEM details a disturbing trend of disruptive behaviour at polling stations, with 550 individuals lodging complaints with the AEC regarding harassment and intimidation. Furthermore, police recorded a 17% increase in threats directed at candidates during the election period. Committee chairman Jerome Laxale stated that the events of the election felt like a “fundamental disruption to the foundations of our free and fair voting process,” with many submissions highlighting the impact of third-party groups, such as the Plymouth Brethren and Advance, in creating a chaotic environment.
Submissions from politicians and the public alike described polling booths in contested electorates as an “imposing and intimidatory gauntlet” that voters had to navigate. One witness at a committee hearing in Ipswich likened the experience to a “war zone rather than a polling booth.” The committee’s deputy chair, Monique Ryan, emphasized the growing personal safety risks, warning that “it is only a matter of time before someone is seriously injured at a polling place if we do not act.”
Key Recommendations for Reform
In response to these concerns, the committee has put forward several key recommendations:
- Expanded Exclusion Zone: The current six-metre exclusion zone around polling booths, which has been noted as contributing to the “gauntlet effect,” should be extended. The exact size of the new zone is yet to be determined, but the aim is to create greater distance between voters and campaigners.
- Legal Definition of “Domestic Interference”: The government is urged to establish a legal definition or criminal offense for “domestic interference” in elections. This measure is intended to prevent coordinated harassment campaigns designed to deter citizens from voting or participating in the electoral process.
- Campaigner Registration and Code of Conduct: A new registration scheme and code of conduct for individuals campaigning around polling booths are proposed. This would ensure campaigners can be identified and regulated, with stronger rules governing the authorization of campaign materials.
- Transparency for Third-Party Campaigners: The report highlights that many third-party campaigners operated with insufficient transparency regarding their identity and funding. The committee recommends new rules for the AEC to capture and track “significant third parties” involved in electoral activities at scale.
- Regulation of Campaign Signage: Recommendations include limiting the volume and placement of campaign signage, which some submitters described as overwhelming and akin to a “Hunger Games” scenario as different groups competed for visibility.
Addressing Specific Groups and Dissenting Views
The report specifically mentions the Plymouth Brethren, who have denied needing to register as a third party. They maintain that their members campaign individually and in small, self-organized groups, without direction from the church itself. This assertion has been challenged by the committee’s findings regarding coordinated activity.
However, the committee’s recommendations were not unanimously supported. Coalition members of the JSCEM expressed strong objections, particularly concerning the mention of the Plymouth Brethren. In a dissenting report, they labelled the committee’s focus on this group as a “partisan witch-hunt” based on religious faith. The Coalition argued that pursuing any group based on religion, ethnicity, gender, or creed is deeply troubling. They also raised concerns that other recommendations could “expand the regulatory and enforcement reach of the state over ordinary political participation,” potentially burdening grassroots involvement and infringing upon the constitutionally implied freedom of political communication.
Path Forward
The JSCEM’s interim report sets the stage for potentially significant changes to how elections are conducted on the ground. The committee’s final report is expected in November, which will likely provide further details and potentially more recommendations. The proposed reforms aim to strike a balance between facilitating political expression and ensuring a safe, accessible, and fair voting environment for all citizens, addressing concerns that the integrity of the democratic process was compromised by the chaotic scenes witnessed at recent polling places.
