http://www.theaustralian.com.au/national-affairs/getups-high-court-challenge-to-...ONLY a fraction of the estimated 100,000 electors able to cast a vote after last week's High Court ruling may have their ballots counted, a leading expert on electoral law has warned.
Activist group GetUp successfully challenged 2006 Howard government amendments to the Electoral Act that cut the period potential voters have to put their name on the rolls once writs for an election have been issued from a week to one day.
Electors who submitted correctly completed enrolment forms after 8pm the day the writs for the election were issued - Monday 19 July - and before 8pm the following Monday will now be eligible to vote on August 21.
But the Australian Electoral Commission says because lists of voters used at polling places have been printed and distributed, these people will have to cast what are called declaration votes. Declaration vote rulings enabled the Liberals to hold the marginals of McEwen, Swan and Bowman and helped the party keep the seat of Dickson.
Swinburne University academic Brian Costar, the director of the Democratic Audit of Australia, warns that under other 2006 amendments to the electoral laws, only 14 per cent of these may be counted.
"Their votes will only be counted if they can produce photo ID on polling day or by the following Friday," Dr Costar said.
"Because of the ID requirements, in 2007 only 14 per cent of declaration votes were actually counted.
"This very low percentage changed the result in three electorates."
Dr Costar said GetUp should go back to the court to seek an order to force the Electoral Commission to change its procedures and print updated rolls.
GetUp spokesman Sam Mclean told The Australian the group was looking at its legal options.
"We really think the AEC should reprint the rolls," he said.
"It's possible for them to do it before election day."
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I think there should be a committe set up with a High Court Judge as the chairman, to look into all electoral laws thoughout Australia. Then the laws put to the people at an referendum and if the people approve of them the Electoral laws should then be put into the Constitution.
The Laws should be the same thoughout Australia for all Federal, State and Local elections.