Update to the site home page:
http://www.ozpolitic.com/index.htmlLabor hypocrisy on Senate integrityApril 20 2017
The high court has rejected another bid by the ALP to get Lucy Gichuhi excluded as a candidate in the special recount to fill Bob Day's vacant Senate seat in South Australia. The AEC is yet to return the official recount results and the APH website still lists the seat as vacant.
It has been confirmed that for both the earlier special recount in WA (in which Rod Culleton was replaced by Peter Georgiou) and (most likely) the SA recount, the AEC was instructed to conduct a full recount, effectively re-electing all 12 Senators. This had the potential to change not only the order in which Senators were elected (thus affecting the allocation of short and long term Senate seats) but also which Senators were elected. Prior to the recount, first preference votes for the excluded Senator were distributed to the second preference, and any later preferences for the excluded candidate were immediately passed on to the next indicated preference, if any.
In both recounts, only the excluded Senator was replaced. I can confirm that in the WA special recount, the order elected was also the same. For SA, the AEC has not yet published the detailed results of the special recount, so it remains unclear whether the order of election will be affected. In particular, if the sixth and seventh place are reversed, then under the method chosen by the Senate for 2016, the allocation of long and short term seats will change. In addition, the AEC has not published the half Senate count asociated with the special recount for either WA or SA, so it is unclear whether the allocation of Senate seats using the alternative method would have changed. For the SA recount, it remains unclear whether the Senate would honour any change to the order in which candidates are elected. The Senators most likely to be affected are Xenophon Senator Stirling Griff and Liberal Senator Anne Ruston. Griff currently holds the long term seat, so there is a risk that the Liberal Party would try to steal a second long term seat for Ruston, as they did for Scott Ryan in Victoria (at the expense of Derryn Hinch). The Liberal Party has not confirmed whether they would steal this seat, and the ALP have not indicated whether they would support this in order to remain consistent with their stance in 2016, or oppose it ut of self interest.
In the meantime, an ALP MP has misrepresented to me, in person, the mechanism used to conduct the special recount. I was misinformed by this MP that the recount will effectively start from where Day was elected and only consider the Senate seat occupied by Day. The truth is that all 12 seats were re-allocated. Although it was likely that the other 11 senate seats would remain unchanged, and the order elected would remain unchanged, this was by no means certain. Naturally, this ALP MP also declined to state how his party would respond to a change in the order in which Senators are elected.
http://www.ozpolitic.com/forum/YaBB.pl?num=1474799449/30In a display of outright hypocrisy, the ALP has also started questioning the legitimacy of Lucy Gichuhi's election, citing the integrity of the Senate as their primary concern.
http://www.ozpolitic.com/forum/YaBB.pl?num=1492570780As it currently stands, neither major party has commented on how they would respond to a change in the order in which SA Senators were elected.
Regarding the next double dissolution election, I have asked 12 Senators from one state how their party would handle the allocation of long and short term seats, in addition to a Labor MP. The Labor MP did not not provide an answer, but indicated a personal preference for the order-elected method, most likely as a way of towing the aprty line regarding the theft of seats in 2016. A One Nation Senator has indicated support for the recount method, but was mistaken regarding which method was used in 2016. One LNP Senator has responded with a non-answer. Another LNP Senator has responded with a vague answer that could be interpreted as support for the LNP's right to decide after the votes come in, based on whether they have an opportunity to steal more seats or prevent their opponents from doing so, or could be interpreted as support for the order-elected method. No ALP Senator have responded.
http://www.ozpolitic.com/forum/YaBB.pl?num=1490934119