legislative council

Increase in Voters Completing Preferences at the 2023 NSW Legislative Council Election

In 2000 New South Wales became the first state to abolish Group Voting Tickets (GVTs), the system then generally used to elect state Legislative Councils and the Commonwealth Senate.

The NSW decision followed the 1999 Legislative Council election and its infamous “tablecloth” ballot paper. Confusion combined with labyrinthine preference deals made a mockery of any claim that the filling of the final vacancies reflected the will of the electorate.

The system adopted abolished GVTs and introduced a new form of voting above-the-line (ATL) where voters could direct preferences to other parties on the ballot paper by numbering ATL boxes. A single ‘1’ ATL vote was still formal, but a voter could direct preferences to others groups with an ATL voting square by indicating ‘2’, ‘3’ etc to other groups.

With Senate elections continuing to use GVTs where only a single ATL preference counted, few voters made use of the new ATL voting option at Legislative Council elections. At four elections from 2003 to 2015, more than 80% of Legislative Council ballot papers continued to be completed with a 1-only ATL vote and only around 15% of voters indicated further ATL preferences.

When the Commonwealth followed NSW in abolishing GVTs ahead of the 2016 election, it adopted different instructions on how to complete an ATL vote. Senate ballot paper instructions, and advice from ballot paper issuing officers, suggested a minimum of 6-ATL preferences be completed.

The Senate reforms included generous savings provisions permitting ballot papers with fewer than six ATL preferences to remain formal. At three Senate elections since 2016, more than 95% of ballot papers have had six or more preferences, around 80% having exactly six.

Experience with the new Senate ballot paper has clearly encouraged more voters to indicate preferences on NSW Legislative Council ballot papers.

As the chart below shows, only around 15% of voters completed ATL preferences before the Senate changes. At two NSW elections post the Senate changes, 27.6% of NSW voters completed ATL preferences at the 2019 Legislative Council election, and after experience at two further Senate elections in 2019 and 2022, the percentage of ballot papers at the 2023 Legislative Council election completed with ATL preferences rose to 39.2% .Read More »Increase in Voters Completing Preferences at the 2023 NSW Legislative Council Election

2023 NSW Election – the Race for the Final Legislative Council Vacancy

Final result: Final votes by group, the names of elected candidates and final composition of the new Legislative Council can be found on the Legislative Council Page at the ABC website.

I had intended to write something more detailed here about the final result but other pressing work intruded so just a few points at this stage.

Liberal Rachel Merton won the 21st seat defeating Animal Justice’s Alison Waters by 10,628 votes. Preferences did not change the order of election and the 21 elected candidates were the ones that could have been predicted based on first preferences at Count 1. Merton led Waters by 0.07 quotas on first preferences, a lead that was narrowed to only 0.05 quotas after preferences.

On exclusions from the point where the second Green was elected, 72.1% of preferences exhausting. 7.5% of preferences flowed to Animal Justice, 6.4% to the Coalition, 5.7% to Legalise Cannabis, 4.3% Liberal Democrats and 4.1% Shooters, Fishers and Farmers. Merton’s lead fell to under 4,000 votes before increasing to the final margin after receiving 10.2% of One Nation preferences on the exclusion of Tania Mihailuk.

At several exclusions, preferences that might have flowed to Animal Justice instead flowed to Legalise Cannabis. Animal Justice received a boost with a reasonable flow of preferences from Christian conservative Lyle Shelton, almost certainly due to donkey votes where voters preferenced left to right from Shelton in Column A to Animal Justice in Column C.

Original post inside.Read More »2023 NSW Election – the Race for the Final Legislative Council Vacancy

2022 Victorian Legislative Council Election – Party Vote Totals

UPDATE: Table has been updated with final figures.

The table displays total votes by party, percentage vote, change in vote since 2018 and the percentage of below-the-line votes by party. It also includes seats won and change in seats.

I’ve been providing commentary on the results by region which you can find at the ABC election site’s Legislative Council results.

Vote total table inside the post.Read More »2022 Victorian Legislative Council Election – Party Vote Totals

Inclusive Gregory – another serious problem with the Victorian Legislative Council’s Electoral System

My criticism of Group Voting Tickets at upper house elections is well known, but in the past I have also criticised the formula used at Senate and the Victorian Legislative Council elections to distribute surplus-to-quota preferences.

I’ll get into the technical detail of the problem inside the post, but the problem is that Victoria uses the “Inclusive Gregory (IG)” method to determine how to distribute surplus-to-quota preferences.

This method weights the transfer of surplus-to-quota votes in favour of parties that have already elected members, and weights against parties with no elected members.

Essentially ballot papers that have already played a part in electing members are given greater weight than ballot papers that have elected nobody.

I wrote about this problem back in 2014 when the use of IG resulted in the election of an extra Labor MLC for Northern Victoria Region ahead of a Country Alliance candidate.

And the problem has reared its head again in 2022 in the count for South-Eastern Metropolitan Region.

The output of my ABC Legislative Council Calculator for South-Eastern Metropolitan Region reveals the problem. (The problem currently appears as outlined below but may change with further counting.)

As it currently appears, after the election of the Legalise Cannabis candidate Rachel Payne, the IG method causes her surplus to massively over-represent Labor’s preference tickets and under-represent ballot papers for the Greens and Legalise Cannabis.

This over-representation brings Liberal Democrat David Limbrick close to winning the final seat, and the only reason Limbrick is even close to election is the distortion caused by the IG method.Read More »Inclusive Gregory – another serious problem with the Victorian Legislative Council’s Electoral System

Updates on Victorian Legislative Council election

Two quick updates on extra material I’ve published on the ABC election site.

First, I’ve published a Legislative Council Voting guide explaining above and below the line voting and the pitfalls created by Victoria still using group voting tickets.

The guide includes links to the pdf GVTs I listed in my previous post, but also a link to a web version of each region’s GVTs which is more accessible on mobile devides.

The guide also includes a link to the Legislative Council Calculators, one calculator for each region. The calculators let you enter percentage votes for each group, and then apply the GVTs to predict who will win.

I hope you find them informative.Read More »Updates on Victorian Legislative Council election

Group Voting Tickets Published for the Victorian Legislative Council Election

Group voting tickets for the Legislative Council have been published this evening on the Victorian Electoral Commission’s (VEC’s) website.

The double deck ballot papers being used for the 2022 election are bad enough, but their use has thrown out the ticket layout of the VEC’s published tickets. You can find them at this link but they are very difficult to read or understand.

Fortunately, I’ve done a lot of the work for you. I have managed to reformat the GVT data to produce much more readable versions of the tickets for each region.

Processing the tickets to prepare my Legislative Council Calculators has taken all afternoon. As a by-product I’ve produced these easier to use versions of the tickets.

The work setting up the calculators, and preparing the data set-up for the ABC election computer, means I haven’t had time to analyse the tickets and won’t have time tomorrow either.

But I have decided to make the tickets available for others to use. Feel free to make use of the linked documents below. All I request is a credit if you make use of the documents. It’s taken quite an effort to prepare them.

Calculators will hopefully be published by mid-week and there will be html versions of the tickets on the Victorian Election site on Monday morning.

Links for each region are contained inside the post.Read More »Group Voting Tickets Published for the Victorian Legislative Council Election

The Victorian Legislative Council’s Rotten Electoral System – part 1

Victoria is the only Australian jurisdiction that continues to elect its upper house using the discredited Group Voting Ticket (GVT) system.

GVTs in Victoria give parties almost total control over the distribution of preferences, which flows through to controlling who wins the balance of power in the Legislative Council.

GVTs have been abolished in every state and for the Senate because they can be manipulated to elect parties with only a tiny percentage of the vote, a result that distorts the intended proportionality of the chamber’s electoral system.

In the lower house voters control preferences. Parties and candidates can only try to influence voters in how they complete their preferences. It is the same for the reformed Senate electoral system where voters now control the flow of between-party preferences, not parties.

As I explain in this post, the rottenness of GVTs is revealed when you examine the proportion of ‘above-the-line’ (ATL) votes that are under party control at Victorian Legislative Council elections compared to the related data for non-GVT Senate elections.

In Victoria, 100% of every ATL vote for every party, whether big or small, flows according to the party ticket.

In contrast, the 2022 Senate election saw major parties lucky to influence even the second preference of 50% of ATL votes, and the rate dropped precipitously for smaller parties.

It is without doubt that the reformed Senate system delivers an outcome that reflects the preferences of voters, where in Victoria the use of GVTs means the result reflects the decisions made by the tiny cabal of officials who negotiate the preference deals.Read More »The Victorian Legislative Council’s Rotten Electoral System – part 1

The Secular Decline in Support for the NSW Christian Democrats

While the term is normally limited to use in finance and economics, ‘secular decline’ is an apt description for the downward trend in support for the NSW Christian Democrats over four decades, as well as being an irresistible play on words.

The Call to Australia was formed from groups that were active in the late 1970s campaigning against pornography, abortion, homosexuality and various issues that were often lumped together as “victimless crimes”. The Call to Australia campaigned to enter parliament.

Which it did at the 1981 NSW election when Call to Australia Leader, the Reverend Fred Nile, was elected to the NSW Legislative Council. The party polled 9.1% of the vote, 1.46 quotas, and might have elected a second member were it not for leakage of preferences.

After several previous announcements over many years that he would leave the Legislative Council, Rev. Nile is finally calling time on his parliamentary career after nearly 42 years. Nile will not contest the 2023 election. Instead he will put forward his second wife, Silvana Nile, to fill his spiritual void on the ballot paper.

Mrs Nile faces a difficult task. Support for the Christian Democratic Party has declined since its glory days in the 1980s. Even worse, the party has been de-registered at both state and federal level, so the Nile ticket will have no party label at next year’s state election.

Since party names were first printed on NSW Legislative Council ballot papers in 1991, no unlabelled group has ever elected an MLC. Pauline Hanson running as an Independent coming closest from 2.4% in 2011.

There is also another oddity. Often retiring members will vacate their seat in favour of their replacement, the NSW Constitution requiring that the replacement be from the same party.

But the Christian Democratic Party has not only been de-registered. It was actually wound up by the courts, so does not even exist as an unregistered party. The NSW Parliament has not previously filled a vacancy for a party that has ceased to exist, and appears to have no intention of doing so before next March.

The graph below shows the party’s decline in support since its first election in 1981. The party elected a member at every election until missing out in 2019.

Read More »The Secular Decline in Support for the NSW Christian Democrats

Mark Latham and Filling NSW Legislative Council Vacancies

In today’s Sydney Morning Herald, Alexandra Smith reports on a plan by One Nation’s NSW Leader Mark Latham to resign from the Legislative Council half way through his current term and contest fresh election to the NSW Legislative Council next March.

This would give Latham a new eight-year term and allow One Nation to nominate a replacement for the four-year balance of Latham’s current term.

Let me quote Smith’s article to explain the plan –

One Nation MP Mark Latham is planning to quit the upper house to run again at the top of the ticket in the March election, in a bid to boost the number of MPs the party has in the Legislative Council.

Latham, who is half-way through his eight-year term, wants to recontest a new position in the upper house in order to “renew his mandate”.

A replacement One Nation candidate would be found to fill his casual vacancy.

One Nation secured two upper house spots at the last election – Latham and retired detective Rod Roberts. However, Latham is eager to increase the party’s representation to at least four MPs.

Latham believes that the party could repeat its 2019 performance in March, particularly if he heads the ticket.

Is this allowed?

The answer is almost certainly yes. Legislative Council members have resigned to contest lower house seats and federal elections in the past, and sometimes been re-appointed if they miss out on election. There seems to be nothing in the Constitution or standing orders that suggest the same rule wouldn’t apply to resigning for a Legislative Council election.

It seems that an MLC elected to an eight-year term can resign after four years to contest election for the alternate Legislative Council term. The member would effectively be elected to two over-lapping positions in the Council created by their two elections, though it would be impossible for one person to hold both positions.

Mr Latham would have to resign before the close of nominations. If elected in March, he could be sworn into a new seat in the Legislative Council and be free to nominate his own replacement at the joint sitting that would follow.

If he were unsuccessful, Mr Latham could be re-appointed to his vacancy after the election. So successful or not, Mr Latham could remain in the Council.

There is probably nothing the NSW Parliament can do to stop the plan. After the election, there would have to be a Joint Sitting of the two houses to elect a replacement, and One Nation is responsible for nominating a replacement without a vote

Yet if a party tried the same tactic for a Senate casual vacancy, a vote would be required to accept the replacement. The Commonwealth Constitution and the standing orders require a vote of approval on the candidate to fill the vacancy. And as the Tasmanian Parliament showed in 1987, a state Parliament can refuse to appoint a replacement.

That’s not an option for Legislative Council vacancies.Read More »Mark Latham and Filling NSW Legislative Council Vacancies

Voter Preferences set be Ignored at the 2022 Victorian Legislative Council Election

After three successful Senate elections where results were determined by voters controlling their own preferences, November’s Victorian Legislative Council election will return to the dark ages with upper house results determined by ‘preferences whisperers’ and backroom show-and-tell preference deals.

Even worse, hundreds of thousands of Victorian voters, maybe even millions, will have their Legislative Council preferences ignored and replaced by party tickets.

This is because Victoria is the only Australian jurisdiction that still uses Group Voting Tickets (GVTs), a form of party determined preferences.

The problem for November’s state election is that Victorian voters have used the reformed Senate electoral system at the last three Federal elections.

The reformed Senate system allows voters to determine their own between-party preferences above the line on the ballot paper.

In Victoria voters can’t.

Why this matters is clear when you look at how Victorians completed their ballot papers at May’s Senate election.

Overall 92.7% of Victorian voters completed their ballot papers by numbering preferences for parties ‘above the line’. That’s more than 3.5 million voters marking how they wanted their ballot paper preferences distributed.

If that figure were repeated at the Victorian election, that would be 92.7% of votes going by the party ticket with all other voter preferences ignored.Read More »Voter Preferences set be Ignored at the 2022 Victorian Legislative Council Election