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Australian Electoral Commission

From Wikipedia, the free encyclopedia
Agency responsible for federal elections in Australia
For the private company, seeAustralian Election Company.

Australian Electoral Commission
Agency overview
Formed21 February 1984; 41 years ago (1984-02-21)
JurisdictionAustralian Government
HeadquartersCanberra
Employees1,043 (as of 30 June 2024)[1]
Annual budgetA$6.5 million (2024)[2]
Ministers responsible
Agency executives
Parent departmentDepartment of Finance
Key document
Websiteaec.gov.auEdit this at Wikidata
Entrance to polling station run by the Australian Electoral Commission (2016 federal election)

TheAustralian Electoral Commission (AEC) is the independentstatutory agency of theAustralian Government responsible for the management and oversight ofAustralian federal elections, plebiscites, referendums and sometrade union elections.

History

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TheCommonwealth Electoral Act 1902 set up the framework for the Commonwealth electoral system,[4] which was administered until 1916 as a branch of theDepartment of Home Affairs, by theDepartment of Home and Territories until 1928, back toDepartment of Home Affairs to 1932, and thenDepartment of the Interior until 1972. The Australian Electoral Office was created in 1973 by theAustralian Electoral Office Act 1973.[5]

In 1984 the Australian Electoral Office was reformed through amendments to theCommonwealth Electoral Act 1918 and is currently known as the Australian Electoral Commission.[6]

After the loss of 1,400 ballots during the recount for the2013 Western Australia Senate election and the subsequent2014 special election, the AEC came under significant scrutiny, leading to the resignation of Commissioner Ed Killesteyn.[7]

During the2023 Australian Indigenous Voice referendum, opposition leaderPeter Dutton claimed that the commission's counting process was "rigged", on the basis that the AEC would count ticks as "yes" votes but would not count crosses as "no" votes.[8] Dutton's comments were criticised as undermining faith in Australia's electoral system and of echoingTrumpian misinformation regarding election integrity.[9]

Later in 2023, the commission topped an annual Commonwealth government trust survey, with 87 per cent of respondents indicating some level of trust in the AEC's running of the commission's work, the highest trust rating of any government authority.[10]

Research by pollster DemosAU following the2025 federal election revealed 67% of Australians trusted the AEC, while 75% trusted that their vote was counted fairly at the election.[11]

Structure

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The AEC is accountable to the Joint Standing Committee on Electoral Matters[12][6] of theParliament of Australia, and must report on how elections were carried out and the success of elections in general.

As specified under theCommonwealth Electoral Act 1918, the AEC consists of a chairperson (a judge or a retired judge of theFederal Court of Australia), the Electoral Commissioner, and a non-judicial member (usually theAustralian Statistician). The Electoral Commissioner has the powers of a secretary of a department under thePublic Service Act 1999 andFinancial Management and Accountability Act 1998. The chairperson and the third, non-judicial member both hold their offices on a part-time basis.[13]

EachHouse of Representatives electorate has aDivisional Returning Officer responsible for administration of elections within the division. Each state also has an Australian Electoral Officer responsible for the administration of Senate elections. The AEC has a National Office inCanberra and an office in each state and territory:Adelaide,Brisbane,Darwin,Hobart,Melbourne,Perth, andSydney.[14][15][16][17]

Responsibilities

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The AEC's main role is to conductfederal elections, by-elections andreferendums, maintain up-to-dateelectoral rolls, and administerredistributions undertaken by the separate Redistribution Committee (the Australian Electoral Commission is not directly involved in electoral boundary changes).[18] Under a joint roll arrangement with the states and territories, the AEC maintains enrolment for the whole of Australia, for rolls used in state and local government elections, other than Western Australia. The AEC publishes detailed federal election results and investigates electors who appear to fail to vote, or may have voted multiple times in an election.[19]

The AEC is also responsible for registering political parties intending to field candidates at federal elections, monitoring the activities of those political parties, including receiving returns from parties of donations and expenditures, and the publication of the information. The AEC also plays anelectoral education role, aiming to educate citizens about the electoral process by which representatives are elected, and by which theAustralian Constitution is changed (referendums). It also plays a role in industrial voting and protected action ballots (e.g.,votes on industrial action).[citation needed]

The rules for federal elections are contained in theCommonwealth Electoral Act 1918, while the rules for referendums are contained in theReferendum (Machinery Provisions) Act 1984.[20][21]

Registration of political parties

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The AEC is required to maintain aregister of political parties.[22] Such registration is required before a party can fieldcandidates, receivepublic funding, have party identification onballot papers and useabove-the-line voting inSenate elections.[23]

In all jurisdictions, conditions relating to a party name require party names to have a maximum of six words, not be obscene and not to resemble the name of another, unrelated party, be likely to cause confusion with another party nor contain the word "independent" or "independent party".[23]

All Australian jurisdictions also have a minimum membership requirement, which differs widely, especially when compared with the total number of people enrolled in the jurisdiction. These range from 100 in theAustralian Capital Territory andTasmania, 200 inSouth Australia, 500 inVictoria andWestern Australia, 1,500 for theCommonwealth and 750 inNew South Wales. Four jurisdictions require a fee for registration: $500 for the Commonwealth, Victoria and theNorthern Territory; and $2,000 for New South Wales.[23]

Public funding of political parties

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Main article:Political funding in Australia

Since 1984, Australian political parties have been publicly funded by the AEC. The objective of public funding is to reduce the influence of private money upon elections, and consequently, the influence of private money upon the shaping of public policy. After each election, the AEC distributes a set amount of money to each political party, per vote received. A candidate or Senate group needs 4% of the primary vote to be eligible for public funding.[24]

After the2013 election,political parties and candidates received $58.1 million in election funding, with the funding rate being 248.800 cents per vote. TheLiberal Party received $23.9 million, as part of theCoalition total of $27.2 million, while theLabor Party received $20.8 million. Other significant recipients wereAustralian Greens with $5.5 million,Palmer United Party with $2.3 million, andLiberal Democratic Party with $1.0 million.[25]

In 2016, $62.7 million was distributed, with the funding rate being 262.784 cents per vote.[26]

Electoral roll

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One of the functions of the AEC is the maintenance of theelectoral roll, which in some other countries are called electoral registers. In Australia the process of getting onto the electoral roll is called "enrolment". The AEC maintains Australia's federal electoral roll, which is used for federal elections,by-elections and referendums. Australia has maintained a permanent federal electoral roll since 1908 and, by amendment to the Commonwealth Electoral Act, enrolment has been compulsory for federal elections since 1924.[27]

Though each state and territory also has its own electoral commission or office, voters need to register only with the AEC, which shares the registration details with the relevant state electoral bodies. The federal roll also forms the basis of state (except in Victoria and Western Australia, which maintain their own roll) and local electoral rolls.[28]

AEC registration covers federal, state andlocal election voter enrolment. In Australia and in each state or territory, it is an offence to fail to vote without valid or sufficient reason, at any federal or state election, and may be punishable by a nominal monetary penalty. The amount varies between federal and state jurisdictions. Usually, people are issued with warnings when it is found they have not voted, and are given an opportunity to show cause. Acceptable reasons for not voting may include illness, being overseas on election day, religious belief, being incarcerated, etc. "I forgot" is not considered acceptable. Section 245 of theCommonwealth Electoral Act provides that if an elector has been asked the reason for failing to vote and declares a religious belief, this statement shall be regarded as conclusive with no further action being taken.[29]

Traditionally, voters could not register after the Close of Roll for an election. In 2004, theHowardgovernment passedlegislation that prevented registration after 8 pm on the daythe writs were issued. This can be up to 10 days after the election has been announced.[30] The legislation was considered controversial by some Australians, who contended itdisenfranchised first-time voters, or those who forgot to update their enrolment. The law was repealed prior to the2010 federal election, whenadvocacy groupGetUp! obtained aHigh Court ruling[31] that the changes were unconstitutional.[32] 16 and 17 year olds can provisionally enrol but are not able to vote until they turn 18.[33]

List of Australian Electoral Commissioners and predecessors

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Prior to the creation of the AEC in 1984, the senior electoral officer was designed the Chief Electoral Officer of the Commonwealth.[34][better source needed]

CommissionerTerm startTerm end
Chief Electoral Officers of the Commonwealth (1901–1984)
George Lewis15 March 190131 May 1905
Walter Bingle1 June 190531 March 1906
Ryton Campbell Oldham1 April 190621 June 1924
Joshua Dyson Farrar28 August 192417 April 1930
Stewart Irwin18 April 193012 November 1932
Frederick John Quinlan14 November 193211 July 1934
Victor Francis Turner12 July 19348 September 1954
Leslie Ainsworth9 September 19541 February 1959
Francis Lyell Ley2 February 195915 July 1976
Keith William Pearson16 July 197621 February 1984
Australian Electoral Commissioners (1984–present)
Colin Hughes21 February 198426 November 1989
Brian Field Cox18 December 198920 December 1994
Wilfred James "Bill" Gray16 January 199514 January 2000
Andy Becker23 March 20001 July 2005
Ian Campbell2 July 200522 September 2008
Ed Killesteyn5 January 20094 July 2014
Tom Rogers15 December 201414 December 2024
Jeff Pope[a]15 December 2024Present[35]

See also

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Electoral commissions of each state and self-governing territory:

Notes

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  1. ^Appointed in an Acting capacity.

References

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  1. ^"Annual Report 2023–24"(PDF). Australian Electoral CommissionMort StreetCanberraACT: Australian Electoral Commission. 10 October 2024.ISSN 2653-3154.Archived(PDF) from the original on 4 February 2025. Retrieved4 February 2025.
  2. ^Chalmers, Jim; Gallagher, Katy (14 May 2024)."Budget Measures"(PDF).Budget 2024–25. No. 2. The Treasury Langton CrescentParkes ACT. p. 99.ISSN 1326-4133.Archived(PDF) from the original on 6 September 2024. Retrieved6 September 2024 – viaThe Commonwealth of Australia.
  3. ^"Jeff Pope". Australian Electoral Commission. 11 December 2024. Acting Australian Electoral Commissioner.Archived from the original on 4 February 2025. Retrieved4 February 2025.
  4. ^Commonwealth Electoral Act 1902 (Cth)
  5. ^Australian Electoral Office Act 1973 (Cth)
  6. ^ab"The AEC's role".Australian Electoral Commission.Archived from the original on 6 September 2024. Retrieved6 August 2024.
  7. ^Knott, Matthew (30 May 2014)."AFP to investigate thousands of cases of multiple voting in 2013 election".The Sydney Morning Herald.Archived from the original on 6 September 2024. Retrieved30 May 2014.The AEC has come under unprecedented scrutiny following the loss of 1400 ballots during a vote re-count in last year's Western Australia Senate election. This led to a re-run of the WA Senate election and the resignation of AEC Commissioner Ed Killesteyn earlier this year.
  8. ^Basford Canales, Sarah (25 August 2023)."AEC hits back after Peter Dutton suggests voice referendum rules are 'rigged'".The Guardian.Archived from the original on 6 September 2024.
  9. ^Butler, Josh; Hurst, Daniel (29 August 2023)."'New low': Peter Dutton accused of seeking to 'undermine' faith in Australia's electoral system".The Guardian.Archived from the original on 6 September 2024.
  10. ^Burton, Tom (29 November 2023)."Electoral Commission tops federal trust survey".Australian Financial Review.Archived from the original on 23 February 2024.
  11. ^"Does Federal Parliament need more MPs?".demosau.com. 22 July 2025. Retrieved22 July 2025.
  12. ^"Joint Standing Committee on Electoral Matters".Parliament of Australia.Archived from the original on 6 September 2024. Retrieved26 September 2019 – via aph.gov.au.
  13. ^Commonwealth Electoral Act 1918 (Cth)s 6
  14. ^"House of Representatives Committees".Parliament of Australia Library. 1.2.Archived from the original on 6 September 2024. Retrieved6 September 2024.In addition to the Commission there is a Deputy Electoral Commissioner and an Australian Electoral Officer (AEO)/State Manager for each State and the Northern Territory. The two ACT divisions are managed by the NSW State Manager although an ACT State Manager is appointed during election periods.
  15. ^"National and State Offices". Australian Electoral Commission.Archived from the original on 6 September 2024. Retrieved6 September 2024.
  16. ^"Contact details of all divisions". Australian Electoral Commission. Archived fromthe original on 6 September 2024. Retrieved6 September 2024.
  17. ^"Glossary". Australian Electoral Commission. Divisional Returning Officer (DRO).Archived from the original on 6 September 2024. Retrieved6 September 2024.
  18. ^Muller, Damon (25 August 2022)."The process of federal redistributions: a quick guide".Parliament of Australia. Research Paper Series, 2022–23.Archived from the original on 6 September 2024.The process of a federal redistribution is complex and involves multiple steps. Importantly, the process is undertaken independently of the Government and the Parliament. However, redistribution decisions are often erroneously attributed to the Government or the Australian Electoral Commission (AEC). While the AEC administers the redistribution process, a population-based formula determines the number of seats each state and territory is entitled to and a Redistribution Committee decides on the name and shape of the boundaries. The Committee consists of the relevant state or territory's Australian Electoral Officer (a statutory appointment), Surveyor-General and Auditor-General (also typically statutory officers).
  19. ^"Managing the Commonwealth electoral roll".Australian Electoral Commission.Archived from the original on 6 September 2024. Retrieved6 September 2024.You only need to complete one enrolment form to enrol for federal, state and local government elections. The electoral roll is shared with the relevant state electoral commissions to ensure you can vote in all elections.
  20. ^Commonwealth Electoral Act 1918 (Cth)
  21. ^Referendum (Machinery Provisions) Act 1984 (Cth)
  22. ^Commonwealth Electoral Act 1918 (Cth)s 125
  23. ^abc"6. Registration of Political Parties"(PDF).press-files.anu.edu.au. p. 84.Archived(PDF) from the original on 6 September 2024. Retrieved6 September 2024.
  24. ^"Election funding guide for political parties, candidates and Senate groups"(PDF). Australian Electoral Commission. November 2020.Archived(PDF) from the original on 6 September 2024. Retrieved6 September 2024.
  25. ^Farnsworth, Malcolm (27 November 2013)."AEC Finalises $58 Million of Election Funding To Candidates in Federal Election".australianpolitics.com.Archived from the original on 6 September 2024. Retrieved19 September 2017.
  26. ^Farnsworth, Malcolm (17 August 2016)."Election Funding Payments: 2016 Federal Election".australianpolitics.com.Archived from the original on 6 September 2024. Retrieved19 September 2017.
  27. ^"A short history of federal electoral reform in Australia".Australian Electoral Commission. 8 October 2019.Archived from the original on 6 September 2024. Retrieved5 May 2022.
  28. ^Electoral Matters Committee (22 March 2022).Inquiry into whether Victoria should participate in a national electoral roll platform(PDF) (Report).Parliament of Victoria. pp. 3–8.Archived(PDF) from the original on 6 September 2024. Retrieved2 November 2022.
  29. ^Commonwealth Electoral Act 1918 (Cth)s 245
  30. ^Australian Electoral Commission."Deadlines for enrolling to vote for federal elections". Archived fromthe original on 21 August 2010. Retrieved4 August 2010.
  31. ^Rowe v Electoral Commissioner,[2010] HCA 46; (2010) 243CLR 1
  32. ^"High Court upholds GetUp! case".ABC News (Australia). 6 August 2010. Archived fromthe original on 19 May 2015. Retrieved20 August 2010.
  33. ^"Enrol to vote".Australian Electoral Commission.Archived from the original on 6 September 2024.If you are 16 or 17 you can enrol now so when you turn 18 you'll be able to vote.
  34. ^"The Commonwealth's most senior electoral officers since 1901". Australian Electoral Commission.Archived from the original on 6 September 2024. Retrieved26 May 2024.
  35. ^Senator the Hon Don Farrell (29 October 2024)."Appointment of the Acting Australian Electoral Commissioner".ministers.finance.gov.au. Special Minister of State.Archived from the original on 4 February 2025. Retrieved4 February 2025.I am pleased to announce the appointment of Mr Jeffrey Pope APM GAICD as the acting Electoral Commissioner, Australian Electoral Commission (AEC), from 15 December 2024.

Further reading

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External links

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