To: High Court of Australia
Declare section 211 of Commonwealth Electoral Act unconstitutional and nullify 2013 Senate results
Declare section 211 of Commonwealth Electoral Act 1918 to be unconstitutional as it contradicts Section 7 of the Australian Constitution, "The Senate will be directly chosen by the people."
Declare the 2013 Senate Elections in all states to be invalid.
Why is this important?
(For a full argument visit http://constitutionalchallenge.wordpress.com/)
Section 211 of the Commonwealth Electoral Act 1918 allows groups and parties to assign preferences for voters who vote above the line. This takes choice away from the people and hands it to the groups and parties. Section 7 of the constitution says, "The Senate shall be ..... directly chosen by the people”, so the Commonwealth Electoral Act 1918 must be unconstitutional. The authors of the constitution did not want the constitution to be entirely prescriptive, so very few words are used. It is because of the very conciseness of the Constitution that we must examine each word and phrase for its intended meaning. The conciseness compels us to treat those words that do appear in the constitution as having gravity and significance. The words ‘directly chosen’ must be taken literally.
This is not trivial.
The current Electoral Act undermines the very basis of our democracy.
Section 7 of the Constitution is quite explicit on three points,
1. Elections are for senators (and therefore not groups or lists.)
2. Senators are ‘directly chosen’, and not by some indirect mechanism.
3. The choice is made “by the people” which excludes third parties from determining the result.
However, as a result of Section 211 of the Commonwealth Electoral Act, the real power to choose who becomes a senator and who does not, no longer directly resides entirely with the voters of each state! It now partly resides with the multitude of groups and parties that have arisen in order to manipulate the flaws in the Act. These flaws derive from the fact that the Act itself does not conform to the letter nor to the spirit of the constitution. The wisdom of the founding fathers has been ignored and the result is a chaotic and disreputable system.