Electoral (Legislative Council Voting) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:37): Obtained leave and introduced a bill for an act to amend the Electoral Act 1985. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:37): I move:

That this bill be now read a second time.

The Electoral (Legislative Council Voting) Amendment Bill 2015 proposes amendments to the Electoral Act 1985 to introduce a new system of voting for the Legislative Council in South Australia. This government has committed to reforming a system of voting in the upper house to eliminate the anti-democratic practice of preference harvesting.

I seek leave to have the remainder of the second reading explanation in Hansard without my reading it.

Leave granted.

We have seen examples in other Australian jurisdictions where micro parties have secured upper house seats through complex preference arrangements. The Commonwealth Joint Standing Committee on Electoral Matters, which considered Senate voting practices in the context of the 2013 Federal Election, described the issue as follows:

The 'gaming' and systematic harvesting of preferences involving complex deals that are not readily communicated to, or easily understood by the electorate has led to a situation where preference deals are as valuable as primary votes.

The result of preference harvesting is electoral outcomes that do not necessarily reflect the will of voters. This affects the integrity of the electoral system.

Preference harvesting can be eliminated by changing the voting method for the Legislative Council to make it simpler for a voter to direct his or her vote, rather than having votes flow in accordance with preference arrangements negotiated by parties and candidates. To this end, this Bill proposes the introduction of the Sainte-Lague system of voting for the Legislative Council in South Australia.

Like our current electoral system for the Legislative Council, the Sainte-Lague system is a proportional system. It seeks to allocate seats in proportion to the number of votes given to a particular group or candidate in an election. In contrast to the current system, which is a single transferable vote system with full preferential voting, Sainte-Lague is a 'highest averages' and divisor based system.

In practice, under the Sainte-Lague system, voters in an election will vote for the group or ungrouped candidate that they would like to see elected, by placing a '1' in the relevant box. There are no preferences. There is no calculation of a quota. Instead, the total number of votes for each group or ungrouped candidate will be tallied up, and a series of calculations undertaken, applying the divisors 1, 3, 5, 7 and so on, to determine quotients for each candidate and ungrouped candidate. Those quotients will be used to allocate seats.

The introduction of the Sainte-Lague system of voting in this State would be a first for Australia. The Government welcomes discussion and debate on the Bill and the proposed new Sainte-Lague system of voting for the Legislative Council.

Turning to the details of the Bill.

Clauses 7 and 8 of the Bill make changes to sections 59 and 62 of the Electoral Act to allow the form of the ballot paper for the Legislative Council to fit the Sainte-Lague system. Clause 11 of the Bill amends section 76 of the Electoral Act to require voters in a Legislative Council election to vote for either a group or ungrouped candidate.

Clauses 9 of the Bill amends section 63 of the Electoral Act to provide that voting tickets will now only be used in House of Assembly elections. As there are no preferences under the Saint-Lague system, voting tickets will no longer have a place in Legislative Council elections. The Bill makes a number of other amendments to the Electoral Act to reflect the fact that there will no longer be voting tickets for Legislative Council elections.

Clause 14 of the Bill revises section 95 of the Electoral Act, which provides for the scrutiny of votes in Legislative Council elections, to give effect to the Sainte-Lague system of voting. Once the total number of votes for each group and ungrouped candidate is ascertained, proposed new section 95(6) prescribes a series of calculations that are to be undertaken to determine quotients, which are then used to allocate seats.

For each calculation, a divisor is applied to the total number of votes received by each group or ungrouped candidate. The divisor is calculated according to the formula 2E+1.

For the first calculation, E is always 0. This means that the number of votes received by each group or ungrouped candidate is divided by 1, to determine the first series of quotients. The group or ungrouped candidate with the highest quotient in the series is allocated the first vacancy.

For the second and subsequent calculations, for the purposes of the formula 2E+1:

in relation to an ungrouped candidate, E will continue to be 0; and

in relation to a group, E will be the number of members of the group that have been elected. The effect is that, for a group, the divisor will start at 1 for the first calculation, and increase to 3, 5, 7, 9 and so on for subsequent calculations as members of the group are elected.

Once the second calculation has been undertaken, and the second series of quotients determined, then the group or ungrouped candidate with the highest quotient in that second series is allocated the second vacancy. This process of calculating quotients and allocating vacancies continues until all vacancies in the Legislative Council are filled.

Where a group is allocated a vacancy, then the candidate listed highest in the order of candidates submitted to the Electoral Commissioner under section 58 of the Electoral Act will be elected. Where an ungrouped candidate is allocated a vacancy, then the ungrouped candidate will be elected. Once an ungrouped candidate is elected, then they will be disregarded for further calculations. Similarly, if all of the members of a group are elected, then the group will be disregarded for any subsequent calculations.

Schedule 1 of the Bill contains a table that sets out an example of quotient calculations and the allocation of vacancies for a Legislative Council election.

The Bill also makes a number of consequential changes to the Electoral Act. For example:

the definition of 'group' is moved from Part 13A of the Electoral Act to section 4 of the Electoral Act, and a definition of 'ungrouped candidate' is inserted in section 4 of the Act; and

references to 'first preference votes' in the Legislative Council have been removed and replaced with reference to 'votes'.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Electoral Act 1985

4—Amendment of section 4—Interpretation

Certain definitions are inserted into section 4 for the purposes of the measure. Other definitions are deleted.

5—Amendment of section 53—Multiple nominations of candidates endorsed by political party

6—Amendment of section 57—Deposit to be forfeited in certain cases

These amendments are consequential.

7—Amendment of section 59—Printing of Legislative Council ballot papers

Section 59(1) is amended to reflect the fact, under the Sainte-Lague voting system, a square is not to be printed opposite the name of each candidate on a ballot paper. Instead, a square will be printed opposite any name or description submitted under section 62 of the Act in relation to a group or ungrouped candidate or, in the case of a group or candidate that does not submit a name or description, above the group or candidate.

A new provision is included relating to the location on the ballot paper of any name or description submitted under section 62 of the Act. Other amendments are consequential.

8—Amendment of section 62—Printing of descriptive information on ballot papers

This amendment is consequential.

9—Amendment of section 63—Voting tickets

The provision relating to voting tickets is consequentially amended to reflect the fact that voting tickets will not be submitted for a Legislative Council election.

10—Amendment of section 66—Preparation of certain electoral material

This amendment is consequential.

11—Amendment of section 76—Marking of votes on ballot papers

Currently, voters may vote in a Legislative Council election by marking the number 1 in a voting ticket square ('above the line') or by numbering all squares printed opposite the names of each candidate ('below the line'). The Sainte-Lague voting system abolishes the current procedure whereby voters exercise a choice to either vote 'above the line' or vote preferentially 'below the line'. Instead, section 76 of the Act provides that a voter is required to mark only the number 1 in a square on the ballot paper (whether voting for a group or ungrouped candidate).

12—Repeal of section 92

13—Amendment of section 94—Informal ballot papers

These amendments are consequential.

14—Substitution of section 95

Section 95 is substituted:

95—Scrutiny of votes in Legislative Council election

Proposed section 95 provides for the Sainte-Lague voting system for the Legislative Council. The task of those responsible for the scrutiny of votes is set out and it includes counting of the number of votes given for each group and ungrouped candidate. Subsection (6) provides for the allocation of vacancies on the basis of the returning officer determining a quotient as follows:

the first calculation of the quotient for each group or ungrouped candidate is determined by applying the formula set out in the subsection;

the group or ungrouped candidate with the highest quotient on the first calculation is allocated the first vacancy and, in the case of a group, the candidate listed highest in the group in accordance with section 58(2)(c) will be elected or, in the case of an ungrouped candidate, the candidate will be elected;

the returning officer must then determine a further quotient for each group or ungrouped candidate (other than any ungrouped candidate who has been elected) by applying the formula and the group or ungrouped candidate with the highest quotient is allocated the next vacancy;

the returning officer must continue to determine quotients and allocate vacancies in this way until all vacancies have been filled.

Other provisions provide for related matters such as where 2 or more groups or candidates have an equal number of votes and the order in which candidates are to be taken to have been elected.

15—Amendment of section 96D—Use of approved computer program in election

16—Amendment of section 130A—Interpretation

17—Amendment of section 130O—Interpretation

These amendments are consequential.

18—Insertion of Schedule 1

Proposed Schedule 1 sets out a table that provides an example of quotient calculations for a Legislative Council election under the Sainte-Lague voting system.

Debate adjourned on motion of Mr Gardner.