Savings provisions in Australian electoral law : their forms, functions and historical development

The introduction of universal suffrage in 1902 established voting as a right for adult Australians who were British subjects and over 21 years of age. However, parties, parliaments, and electoral authorities have not been content with merely ensuring that citizens are entitled to vote. They have also enacted measures that aim to maximise citizen participation in elections. Turnout was made compulsory in 1925, which largely solved the ‘problem’ of voluntary abstention from the ballot box. A second concern has been disenfranchisement caused by incorrectly completed ballot papers. This situation arises when a voter submits a ballot that fails to comply with the legal requirements for a formal vote. Since the introduction of compulsory voting, debates about how to improve electoral turnout have largely concentrated on how to reduce rates of informality.The ‘problem’ of informality has long occupied the attention of electoral authorities and policy makers. This is due, in part, to the fact that rates of informality in Australia have been consistently high relative to other mature democracies. Moreover, the prevailing view in much of the Australian literature is that most informal voting is the result of mistakes and therefore ‘accidental’ or ‘unintentional’. Estimates of unintentional informal voting at national elections vary, but usually fall within the range of 80 to 85 per cent of informal votes cast. Even by the more conservative estimates of the Australian Electoral Commission (‘AEC’) the average rate of unintentional voting in the four national elections conducted in the period between 2001 and 2010 was 60.45 per cent.