Mail-only elections for NSW councils – not so fast

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There was a story in theĀ Sydney Morning Herald last week about how the NSW state government is considering a switch to postal voting for all voters at the 2021 local council elections.

These elections were originally scheduled for September 2020, but were postponed by twelve months in the hope of avoiding the pandemic.

Things are looking pretty good in New South Wales now, and unless the disease manages to re-emerge it seems likely that full-scale council elections could be held in September 2021 without major disruptions to the electoral system (although I’d expect some basic hygiene practices to remain in place for a while).

While such a change could be necessary during the heart of a pandemic, it seems far from necessary for an election due in 15 months. Moreover I think moving away from using polling places sends a message about council elections being less important and not worthy of the transparency, privacy and security provided by voting at a polling place.

Will the NT lose one of its federal seats?

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I have been meaning to write a post about the impending determination and possible solutions to the likely merger of the NT’s two federal seats. Antony Green put together a long and interesting piece yesterday explaining how the current formula short-changes the territories, and suggests an alternative formula which would produce a better result, as well as some background on where our current system comes from. I’m going to quickly run through this issue for those who don’t have time to dive in deep.

I wrote about this likely outcome in August last year. It looks likely that Victoria will gain a 39th seat, Western Australia will lose its 16th seat, and that the Northern Territory will revert to just one electorate, after gaining a second seat at the 2001 election.

The current formula determines a national quota dividing the total population of the six states by twice the number of state senators (144). This formula is the default specified in the Australian constitution (although the parliament does have some room to move by changing the formula). The same formula is used to allocate ACT and NT seats, but this is not fixed in the constitution and could be changed.

Labor senator Malarndirri McCarthy has put forward legislation that would set a minimum number of electorates for the territory at two, thus averting the seat loss. But Antony has proposed another change which would slightly improve representation for the territories without setting a hard floor.

This formula can be problematic when a territory has a small number of electorates. There is a massive change in the average population per seat when you jump from one to two seat, or from two to three. The average population per seat will be much higher if you have 1.4 or 2.4 quotas of population than if you have, say, 40.4 quotas.

Antony recommends a formula called Dean’s formula.

In short, it allocates the number of seats to each jurisdiction which would bring the average population per seat as close as possible to the national quota.

In the case of the NT, this means that anything more than 1.33 quotas of population would qualify for two seats. A third seat would be allocated if a territory had more than 2.4 quotas. This formula gets pretty close to the current formula once a jurisdiction is allocated more than a few seats. It’s actually simpler than I thought it would be, and I think it could be a good solution.

SA redistribution – the starting statistics

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South Australia is currently undergoing a redistribution of its state electoral boundaries. The redistribution kicked off late last year, with the first round of submissions closing in April.

The Commission has released current population figures as of February 2020, and projected electors as of June 2022. Each electorate is required to fall within 10% of the average.

The data shows how electorates outside of Adelaide are consistently under quota and creates a dilemma for the Commission in drawing electorates in northern parts of the state.

Below the fold I have a map (similar to my NSW map from last week) and a breakdown of the quotas by region.

NSW redistribution stats released

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The next redistribution for NSW state electorates has just kicked off, with boundaries due to be redrawn for the 2023 state election.

The first stage of the process allows anyone to make submissions suggesting electoral boundaries, either making suggestions about a particular seat or the entire state. Suggestions are open from last Monday, 1 June, until 1 July.

The NSWEC has also published enrolment statistics for each electorate, and they point to some big population imbalances that will lead to some necessary shifts in electoral boundaries.

In particular, a series of outer suburban electorates are far above quota, and will require neighbouring seats to be adjusted, and likely the creation of one or two new seats in the area.

How the AEC is adapting Eden-Monaro for Covid

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The AEC has published its plan for how it will adapt the Eden-Monaro by-election to account for the COVID-19 pandemic.

Some of the stuff will be familiar to anyone who has visited any public place in recent months. Social distancing rules will be applied at polling places and the ballot draw, and hand sanitiser will be available when you turn up to vote. There will be limits on how many people can be inside each booth which will likely extend lines for voting.

The AEC will only receive nominations by appointment (no more just rocking up to the office) and voters will be provided with single-use pencils when they vote (although bringing your own writing implement is encouraged).

The AEC will not conduct mobile polling at nursing homes, instead encouraging those inside to use postal voting.

The AEC has clarified that they do not have jurisdiction over campaigning outside six metres of the entrance to the polling place, and thus have not tried to impose any rules limiting the handing out of how-to-vote cards, although they put the onus on candidates and parties to abide by whatever NSW Health rules are in place at the time of the by-election. They have agreed to post a website link for each candidate as part of the candidate information on the AEC website, but they have not gone further as some have suggested by providing how-to-vote information in other ways.

Finally, they anticipate a big increase in postal and pre-poll voting. There was some chatter about possibly allowing pre-poll votes to be counted before 6pm on election night to speed up the publication of results (it’s worth reading Antony Green’s blog post on this topic), but this won’t be happening.

So you should expect a significant delay in results on election night, and if it is close we likely will need to wait a few days for pre-poll votes to be counted to get a better sense. A very close result may take weeks as postal votes can arrive up to 13 days after election day.

Finally, I recommend checking out Michael Maley’s paper for the Electoral Regulation Research Network about how electoral management will be affected by Covid-19. I haven’t had a chance to finish it but I’m looking forward to it.

Eden-Monaro by-election set for July 4

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The federal by-election for the seat of Eden-Monaro has been set for July 4, just one day after the Liberal Party announced their candidate.

The Liberal Party has preselected Fiona Kotvojs, the same candidate who ran in 2019. She will be facing off against Labor’s Kristy McBain, who was until recently the mayor of Bega Valley Shire.

Be sure to check out my guide to the Eden-Monaro by-election.

There will undoubtedly be some news in the coming weeks about how the by-election will be affected by the pandemic, and I will return to discuss those measures when we know what they are.

What I’ve been reading: PR in NYC

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I’ve been working behind the scenes on my guide to the Queensland election, but I’ve also been taking the opportunity of this quiet election period to do some reading, including on some topics related to electoral analysis. I thought I would put together some blog posts summarising these books and journal articles.

First up, I just finished readingĀ Defining Democracy by Daniel Prosterman. This book covers the history of New York City’s brief use of the Single Transferable Vote proportional representation system to elect its city council in the 1930s and 1940s.

Kelly resignation opens up by-election in Eden-Monaro

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The triggering of a federal by-election yesterday for the seat of Eden-Monaro will be a test for the major parties, but also will likely be the first test of how our voting will be affected after the peak of the Covid-19 pandemic in Australia.

Read my guide to the Eden-Monaro by-election.

Australia has been lucky to have the pandemic hit during a relatively quiet period for elections. It did coincide with council elections and state by-elections in Queensland, and it forced the delay of Tasmanian upper house elections originally scheduled for tomorrow. But apart from these there are no more elections scheduled until a rush of elections from August to October, which includes one state election and two territory elections.

It’s not clear how quickly the by-election will be held – the government has some discretion to delay – but when it is eventually held it seems likely that some things will change compared to past elections. We saw a massive surge in postal and pre-poll voting at the Queensland council elections. Eden-Monaro already had a high rate of pre-poll voting, with over 41% of all votes cast via pre-poll in 2019.

I will return to the theme of how Covid-19 may affect how we vote in a future post, but it is also worth pointing out that there isn’t actually much evidence of the disease in the community at the moment, and particularly in the council areas which make up Eden-Monaro.

This handy chart by Nick Casmirri organises NSW local government areas by region and colour-codes them by the recency of Covid-19 cases.

There have been no cases in the last three weeks throughout the Snowy Monaro, Snowy Valleys and Yass Valley council areas which make up the western end of the council. No cases have been reported for two weeks in Bega Valley. There have been more recent cases in the Queanbeyan area but even those are not of an unknown origin.

So unless we see a second wave of cases, it seems likely that there won’t actually be an immediate health crisis coinciding with a by-election, but I would still expect changes in how voters and campaigns behave out of an abundance of caution.

In addition to being a moment in the Covid-19 story, this by-election is a critical moment in federal politics.

You would have seen a lot of people talk about how no government has won a by-election from an opposition since 1920, but I don’t think that statistic really tells us much.

There just haven’t been that many by-elections overall, and they tend to be in relatively safe seats. Most by-elections are caused by the sitting member choosing to retire, and that doesn’t tend to happen in marginal seats.

Let’s look at the by-elections held over the terms of the current government and the last Labor government.

Labor faced five by-elections in Coalition seats in its first term in government. All were held by senior Howard government ministers and all took place in the first year of the government. They tended to be safe seats, with the most marginal being Gippsland, which was held by the Nationals by a margin of 5.9%. Labor contested Gippsland, suffered a negative swing, then sat out the other four. No by-elections were held for the remaining five years of the government, with MPs particularly avoiding resignations during the tight hung parliament after the 2010 election.

Three by-elections were held during the first term of the Coalition government, one of which was in the Labor-held seat of Griffith. There was a swing of 1.25% away from Labor with the departure of longstanding local member Kevin Rudd, leaving Labor with a 1.8% margin. The by-elections held in the last term were mostly held due to section 44 citizenship problems, which makes them quite different.

So in the last thirteen years we only have one case of a marginal opposition-held electorate being contested by the government, in Griffith, and in that case there was a swing to the government, one that would be big enough to win Eden-Monaro. It’s just not enough of a sample to say “this is a thing that doesn’t happen”.

As to Eden-Monaro: it’s obvious that Mike Kelly had a strong personal vote. It doesn’t seem worth the trouble to try and quantify it, but something in the area of 5% seems plausible. Remember that he only held Eden-Monaro by less than 1% in 2019.

So this seat really could go either way, and it would be silly to call this by-election one way or the other.

It’s worth noting that this is quite possibly the single electorate hit hardest by last summer’s bushfires. The south coast was hit hard, but so was the Snowy Mountains and areas to the west including Tumut. The electorate also includes the towns of Queanbeyan and Yass which surround Canberra. They were not directly threatened by fires, but Canberra experienced worse and longer-lasting bushfire smoke than any other major city. We could well see big shifts thanks to voters judging the performance of Scott Morrison during those fires.

This will also be the first political test for the federal government since the onset of the Covid-19 pandemic, so this could also play out in either direction.

Finally I should note that the choice of candidate for the Coalition parties could have a big impact. This electorate covers the state electorates of Monaro and Bega, which are held respectively by the Nationals leader (and deputy premier) and the deputy Liberal leader, arguably the two most important figures in the state government outside of Gladys Berejiklian.

It seems unlikely that Andrew Constance will run, but Monaro MP John Barilaro appears to be seriously considering a run. The Nationals came a distant fourth in Eden-Monaro in 2019, and have never held the electorate at a federal level, but that could change if such a prominent figure were to run.

If Barilaro runs (win or lose) that will trigger a state by-election in his state seat, which looked very marginal before a 9% swing to him at the 2019 state election.

All quiet, but a lot going on

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I have been planning to post for a few weeks about the plans for this website going forward following the conclusion of the Queensland council elections.

I’m not going to be actively posting on the website, or publishing any new episodes of the podcast, for the next little while, but a lot of stuff will be going on in the background.

Podcast #35: Queensland local elections wrap-up

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Ben is joined by Alexis Pink to wrap up the results of the Brisbane City Council election and the Queensland state by-elections, including how these elections were influenced by the COVID-19 pandemic.

You can subscribe to this podcast usingĀ this RSS feedĀ in your podcast app of choice, but should also be able to find this podcast by searching for ā€œthe Tally Roomā€. If you like the show please consideringĀ rating and reviewing us on iTunes.