The high court has unanimously rejected Senator Bob Day’s challenge of Senate voting changes, finding they do not infringe the constitution. The challenge was heard on 2 May and disposed of on Friday, clearing the way for the 2 July election using the new voting system. In a joint judgment, the justices noted that many of Day’s arguments challenged above the line and below the line voting, which had existed since 1983. They said the challenge did not show voters were disenfranchised and “was in truth an argument about the consequences of elector choice” in harming minor parties. The Senate voting changes require voters to vote one to six above the line, or number one to 12 preferences below the line. However, if a voter simply votes one above the line, the vote will still be valid. The vote will be exhausted if candidates in that column are eliminated from the count.
Day argued that the choice of voting above the line or below the line created different methods of voting, in breach of the constitution, which required only one method. “None of the arguments has any merit and each can be dealt with briefly,” the justices said.
The court held that the “method” in the constitution should be construed broadly, allowing for more than one way of indicating choice within a single uniform electoral system.
The justices said voting above the line was a direct vote for individual candidates consistent with the constitution, not a vote for the political parties whose logos were printed on the ballot, as Day had argued. The high court dismissed the challenge, and the costs will have to be paid by Day and the other applicants.
Full Article: High court rejects Bob Day appeal and finds Senate voting changes are legal | Australia news | The Guardian.