Voting
Overview
In Roach v Australian Electoral Commissioner and the Commonwealth [2007] HCA 43, the High Court of Australia (HCA) held that amendments to the Commonwealth Electoral Act 1918 (Cth) prohibiting people in prison from voting were unconstitutional and contrary to Australia’s system of government which requires parliament to be ‘directly chosen’ by the people. However, the HCA upheld the validity of earlier laws that disqualified people serving a sentence of three or more years from voting on the basis that most people in prison serving a sentence of this duration are likely to have been convicted of a serious offence that warrants temporary limits on their capacity to vote.
The current position is therefore that:
- people who are serving a sentence in Victoria of less than three years are entitled to enrol and vote in federal elections. People who are serving a sentence of less than five years are entitled to enrol and vote in local council and Victorian elections;
- people on remand are eligible to enrol and vote in local, state and federal elections.
There are two ways people in prison can vote. First, by post. Second, at a voting booth set up at the prison by election officials. The prison manager advises the AEC whether a voting booth is required at the prison. People in prison are entitled to become general postal voters, which means they are automatically sent postal voting material at state and federal elections without having to apply for a postal vote. Postal voting is the preferred method for people in prison to vote as the AEC and the VEC are moving away from attending prisons.
People released from prison
People released from prison on parole can vote in federal elections. People on parole with a sentence, including parole, of less than five years can vote in Victorian and local council elections.
All other people who have been released from prison can enrol and vote in local, state and federal elections. It does not matter how long the person was in prison for, why they were in prison, or whether or not they have a permanent address. They just need to be an Australian citizen and at least 18 years old.
