Ben Morton (Tangney, Liberal Party, Assistant Minister to the Prime Minister and Cabinet) Share this | Hansard source

I move:

That this bill be now read a second time.

I am pleased to introduce the Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021.

This bill amends the Commonwealth Electoral Act 1918 to respond to the evolving electoral environment, with note to technological progress and changes in the scale and complexity of federal elections. These measures build on the government's investment in assisting the AEC to stay at the forefront of electoral technology, while also helping to make the voting process more efficient for Australians.

The measures in this bill respond to recommendations of the Joint Standing Committee on Electoral Matters (JSCEM), as well as submissions by the Australian Electoral Commission (AEC), to support the continued modernisation of the AEC's operational processes.

The bill enables postal voters outside Australia to complete certain procedural steps electronically if they are unable to comply with authorised witness requirements—for example, where lockdown conditions are in place. This amendment does not allow a voter to submit their postal vote electronically.

The bill also introduces a vote-saving provision for postal votes that are received outside a sealed postal vote certificate. This amendment prevents a postal vote from being excluded from the count solely because it was received alongside, rather than inside, the voter's postal vote certificate.

The bill introduces a fixed pre-poll voting period of up to 12 days prior to election day. The time frame balances voters' opportunity to participate in elections with the benefits that a more clearly defined pre-poll period provides to the AEC and participants in the electoral process.

The bill increases the number of scrutineers permitted to observe the computerised scrutiny of Senate elections. The amendment will allow candidates to be represented by one scrutineer for every second-tier data-entry operator conducting exception checks, in addition to the existing entitlement to be represented by one scrutineer for every AEC officer present.

This promotes transparency and confidence in the integrity of electoral counting processes, while balancing this with the physical capacity limitations of counting centres.

This bill will give the AEC the option to open and sort, but not count, ordinary pre-poll ballot papers for the House of Representatives from 4 pm on election day.

Given the significant increase in the number of pre-poll votes in elections, this will support the AEC in ascertaining a timely result on election day.

Scrutineers will observe the initial sorting process, and their release of any information about opening and sorting prior to 6 pm will be prevented by law. Counting and formality checks of ballot papers with the oversight of scrutineers will then occur from 6 pm, as is currently the case.

The bill allows the AEC the option to extract declaration votes from their envelopes in the five days prior to polling day and place them in a ballot-box by themselves for further scrutiny. Scrutineers will have the right to witness all aspects of the extraction process.

This amendment will assist the AEC in its processes to complete the initial count and deliver a timely result on election day.

The bill also makes a number of changes to electoral processes that are necessary to keep pace with modern technology, and will contribute to the AEC's operational efficiency.

The bill amends how records of paper-based postal-vote applications are managed. This recognises that the majority of the applications are now submitted online and, therefore, do not require forwarding to the divisional returning officer for the division in which the applicant is enrolled.

The bill removes the requirements for pre-poll declaration envelopes to carry a distinguishing number, and for the name and address of printers who printed the electoral matter to be included in electoral authorisations.

And, finally, the bill aligns the handling of envelopes containing spoilt or discarded ballot papers with broader ballot paper handling requirements.

These amendments will assist the AEC in the responsibility of delivering efficient and timely elections, promoting continued public confidence in a key democratic institution.

Debate adjourned.

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