[LINK] High Court case Re: Register Online to Vote Should be Legal

[David Boxall]

If the 2006 amendments weren't constitutional, was the 2007 election 
legitimate? This could be fun.

The Lateline transcript is at: 
<http://www.abc.net.au/lateline/content/2010/s2961760.htm>.

> Subject: 	We're Going to the High Court
> Date: 	Fri, 23 Jul 2010 03:09:31 -0700 (PDT)
> From: 	Simon Sheikh - GetUp <info at getup.org.au>
> Reply-To: 	Simon Sheikh - GetUp <info+1229_478235 at getup.org.au>
> To: 	
>
>
>
> Dear David,
>
> Two days ago I wrote to you with a question: should we pursue legal
> action to defend Australians' right to vote?
>
> *An overwhelming 86% of GetUp members voted yes - so just moments ago,
> GetUp filed our case for online enrolment in the Federal Court.*
>
> In addition to this, we're filing a related case in the High Court of
> Australia challenging the constitutionality of the Howard Government's
> 2006 Amendments to the Electoral Act. This is the piece of legislation
> that led to the situation we faced early week, where people had only one
> business day to enrol to vote.
>
> Both cases are potential *legal landmarks*, and both have serious
> prospects of success. And already, the cases have received serious media
> coverage, including on last night's edition of /Lateline/.
>
> *Click here to read more about the High Court and Federal Court
> challenges we're mounting today.
> <http://blast.getup.org.au/s/Qvp3szf6RsK6_IMyvROrbQ/h0>*
>
> These court cases are a new direction for GetUp, but they're also a
> powerful *continuation of a campaign that began four years ago. *In
> 2006, the former Government introduced laws that made it harder for
> people to vote by ordering the electoral rolls to close at 8pm on the
> same day the election is officially called.
>
> *GetUp members fought it then - and we're continuing to fight it now.*
>
> The amendments were entitled the 'Electoral Integrity Act', even though
> they led to a huge increase in the number of Australians missing from
> the electoral roll - particularly young people, Indigenous Australians,
> prisoners, and recent migrants.
>
> Now that we've made the decision - together - to go to court, we'll keep
> you updated on this historic legal challenge to strengthen Australia's
> democracy. If you'd like to contribute to this campaign, we'd really
> appreciate your support - please *click here
> <http://blast.getup.org.au/s/Qvp3szf6RsK6_IMyvROrbQ/h1>* to chip in.
>
> Thanks for being part of this movement,
> Simon, for the GetUp team.
>
> PS - If you know anyone who may still be missing from the electoral
> roll, they may still be able to vote if our High Court case is
> successful. Please encourage everyone you know to get their enrolment
> forms in to the Australian Electoral Commission by this coming Monday at
> 8pm.
>
> PPS - Today Julia Gillard announced the first elements of her climate
> change plan - but unfortunately she is following Tony Abbott into
> climate inaction. Stay tuned for more updates on how as a movement we
> can continue to fight to reduce carbon pollution and achieve the strong
> action on climate change Australia demands.
>
> __________________________
>
> GetUp is an independent, not-for-profit community campaigning group. We
> use new technology to empower Australians to have their say on important
> national issues. We receive no political party or government funding,
> and every campaign we run is entirely supported by voluntary donations.
> If you'd like to contribute to *help fund GetUp's work*, please *donate
> now! <http://blast.getup.org.au/s/Qvp3szf6RsK6_IMyvROrbQ/h2>* If you
> have trouble with any links in this email, please go directly to
> www.getup.org.au
> <http://blast.getup.org.au/s/Qvp3szf6RsK6_IMyvROrbQ/h3>. To unsubscribe
> from GetUp, please click here
> <http://blast.getup.org.au/s/Qvp3szf6RsK6_IMyvROrbQ/h4>.
>
> Authorised by Simon Sheikh, Level 5, 116 Kippax St, Surry Hills NSW 2010


On 19/07/2010 2:43 PM, Tom Koltai wrote:
> ...
>> GetUp created an online "Enrole to Vote" web service
>> <https://enrol.getup.org.au/enrolments/register>.
>> However, media reports indicate that the Australian Electoral
>> Commission
>> is discouraging Australian from registering on-line to vote
>> <http://www.abc.net.au/news/stories/2010/07/17/2956622.htm?sec
>> tion=justin>.
>>
>> This is unfortunate and ACE should be carrying out its duty to help
>> Australian enrol, rather than discouraging them. If hundreds of
>> thousands of Australians are prevented from voting as a result, the
>> election may be declared invalid by the courts and have to be rerun.
>
> <snip>
>
> Thank-you Tom, a most excellent summary, as we have come to expect from
> you.
>
> It could be that the Labour party this time around doesn't want the
> youth vote, concerned that voting virgins are more
> interested in unfettered online access than other Labour policies.
>
> It's curious that we actually need to have a change of government every
> so often to balance the damage to the economy.
>
> The Libs gave us a positive balance of payments with the sale of the
> Brooklyn bridge... Sorrrrrry, I meant the sell-off of public assets, in
> doing so they gave us a debit in the world e-commerce race leaving
> Australia almost dead-last because of Telstra protectionist policies
> required to inflate the share price for T2 and T3 sell-offs.
>
> Now Labour are fixing that by dismantling the monopoly and installing
> the NBN.
>
> I think we need one more round of labour before we ask Tony to come in
> and get rid of the anti-competitive internet filter.
>
> And so the world turns.
>
> One step forward, half a step backwards.
>
> Maybe by the next elections there will be a Progressive Democratic
> party...
>
> "All Legislation will be put to the vote by the entire country
> electronically every time. Voting will be voluntary and the majority
> rules.
>
> What a great idea. Then our pollies can be kept under wraps unless a new
> bridge or something needs to be opened...

-- 
David Boxall                    |  Drink no longer water,
                                |  but use a little wine
http://david.boxall.id.au       |  for thy stomach's sake ...
                                |            King James Bible
                                |              1 Timothy 5:23