Joint Standing Committee on Electoral Matters

Published on: November 2020

Record: HANSARD-1323879322-114125


Joint Standing Committee on Electoral Matters

Report: Administration of 2019 NSW State Election

Mr LEE EVANS (Heathcote) (14:00):Administration of the 2019 NSW State ElectionWe also heard from 37 witnesses across three days ofhearings, including the NSW Electoral Commissioner, Mr JohnSchmidt.

:55 As Chair: As Chair of the Joint Standing Committee on Electoral Matters, I will comment on report No. 1/57, , which was tabled out of session and received by the Clerk on 28 October. Inquiring into the administration of the March 2019 State election gave the committee a valuable opportunity to hear from stakeholders about what worked well and where improvements could be made in future elections. The inquiry attracted 28 written submissions from stakeholders, including political parties, third party campaigners, academics with expertise in the field of online voting, voter accessibility advocacy groups and private citizens.

As a result, the committee has made seven findings and 54 recommendations spanning a variety of areas. They include election timeframes and the campaign period, the electoral roll and the ballot paper, early voting, election day, and compliance with, and enforcement of, electoral legislation.One item of note during the inquiry was the increasing number of people who voted at an early voting centre over the past three State elections. Some stakeholders called for a move away from electiondays and an early voting period towards an electoral voting period to recognise that trend.However, in finding that there should continue to be an election dayand early voting period in New South Wales, the committee noted that a move toan electoral period would represent a fundamental shift in the democratic process and that it would encourage voters to vote prior to parties and candidates having released all their policies. That should not be encouraged.

Technology-assisted voting is another significant issue considered by the committee. During its inquiry the committee heard a number of concerns with the New South Wales iVote system. For example, some academics raised security concerns, warning that iVote was vulnerable to internet-based attackers and vote manipulation. The committee also heard of reliability concerns with iVote and that there were system outages during the early voting period for the 2019 New South Wales State election. In addition, disability groups raised concerns about iVote's usability and accessibility.Notwithstanding those concerns, and in acknowledging them, many stakeholders argued for iVote's retention for voters who may otherwise be disenfranchised—for example, voters with disability and voters living in remote areas. Therefore, the committee found that iVote should return to its original purpose—enfranchising voters with disability and voters at remote locations, as well as overseas voters. The use of iVote should not be expanded beyond that point.

Further, the committee made recommendations aimed at addressingthe security, reliability and accessibility concerns raised about iVote.For example, it recommended that iVote should be reviewedthoroughly, upgraded and tested well in advance of the next State election to ensure optimal security, reliability and accessibility. The committee also recommended that the New South Wales Government consider amending the Electoral Act 2017 to make the iVote development process for the 2023 New South Wales State election subject to independent oversight by a panel of technology experts. The panel would have power to publicly recommend against the system's use if it fails to meet predeterminedsecurity and reliability requirements, and it would report directly to the committee.

Other significant recommendations in the committee's report relate to the reliability of the electronic mark‑off system, the election count and increasing the accessibility of voting in New South Wales. The committee also made a number of recommendations in the area of compliance and enforcement, including around managing complaints about breaches of electoral legislation and recommendations aimed at reducing the administrative burden of complying with the electoral legislation.I thank all stakeholders who made contributions to the inquiry. The committee has drawn on the knowledge and expertise of those stakeholders in crafting the findings and recommendations contained in the report.I also thank my fellow committee members for their diligence throughout the inquiry process. The committee's hearings and deliberations for the inquiry were very productive, allowing us to fasten upon areas of improvement for future elections,which is reflected in the report.Finally, I thank the committee staff for their professionalismand support in the conduct of the inquiry.I commend this report to the House.

Mr PAUL SCULLY (Wollongong) (14:05:51):I thank the Chair of the Joint Standing Committee on Electoral Matters, the member for Heathcote, for his excellent summary of the report, findings of the committee and the process we undertook. The report has 54 recommendations and the committee made seven findings. At a time when other nations are contemplating and questioning the veracity of their electoral systems, we in New South Wales can be confident that the keen watchers of international politics, who are members of the committee, will ensure that we in New South Wales are unlikely to face questions about the 2019 election.Furthermore, should the recommendations of the report be accepted and the work of the State Electoral Commission continue, questions are unlikely to arise about future elections.

I acknowledge and thank the NSW Electoral Commissioner, John Schmidt, and his staff for their professionalism, as well as everybody who volunteered, worked and assisted in delivering the 2019 State election. I also acknowledge the other members of the committee from both this place and the other place who assisted in developing the report. It is refreshing that election-time fierce combatants can come together and look for ways in which to make the New South Wales election process not only worthy of the confidence of our electors but also improved for the future. We all worked together for that purpose.

I draw to the attention of the House and the Government a couple of recommendations that relate to the ongoing, continuing and significant increase in the number of people who voted early at early voting centres during the 2019 election and during the Federal election in 2019. Those who are running and conducting elections should be mindful of that issue. Early voting has increased significantly. It is for that reason that the committee recommended an extension to the election period rather than an election day. The committee took a strong view to retaining the voting period to an election day because extending an election period would change the nature of our democracy fundamentally;the committee thought that was going way too far. The convenience afforded by early voting should not overturn the systems and structures we have in place that underpin our democracy. For that reason the committee'sfirst finding wasthat there should continue to be an election day.

The committee also recognised that the short time between the close of nominations, the ballot draw and the opening of early voting poses a problem for not only major parties but also other candidates. In that sense the committee recommended that the time period and the start of early voting should start on the Saturday seven days prior to the election date and that early voting since be open from 8.00 a.m. until 6.00 p.m. during that period except for Thursdays when, in addition to late-night shopping, we could have a bit of late-night voting as well from 8.00 a.m. to 9.00 p.m. The other two points that I wish to refer to quickly are the recommendation that logos be added to ballot papers—that has happened and worked well in other jurisdictions and could work well in New South Wales—and accessibility in relation to iVote, advocacy in culturally and linguistically diverse communities and inclusion of homeless people. I add those points to ensure that everyone, as far as is reasonably possible and practicable, participates in our democracy.

We should be proud of that and never forget it. Many years ago we got it right when it was decided to have a system of compulsory voting in Australian jurisdictions. Other jurisdictions internationally look to us as an exemplar of that, and that should continue. I commend the report to the House.

Ms FELICITY WILSON (North Shore) (14:09):

:58 The administration of free and fair elections is the foundation of our democracy in New South Wales. The people of this State can rest assured that they can be confident in the New South Wales system. The Joint Standing Committee on Electoral Matters, of which I was deputy chair, conducted a deep dive into the delivery of the 2019 New South Wales State election. The committee's report identified improvements that could be made for future elections and made recommendations to government. I thank all those who were involved in administering the New South Wales election, including the NSW Electoral Commissioner, Mr John Schmidt, and those who worked and volunteered to make sure that we could have the freedoms that we hold so dear in New South Wales.

In reviewing the conduct of the 2019 New South Wales State election, the committee heard from a range of stakeholders. That feedback allowed us to pinpoint issues concerning election time frames, early voting, the campaign period, the electoral roll and the ballot paper. The committee made a number of recommendations. In particular, the committee recommended that there should continue to be an election day. The committee made that statement strongly. Recommendations were made by a number of participants in the inquiry that we should move to an election period. However, the committee determined that we should retain an election day and early voting period in New South Wales.

While there may be a growing trend of voting at early voting centres and calls for a voting period, the committee believes that an election day is an important part of our democratic process and it did not wish to encourage voters to vote prior to parties and candidates having released all their policies. The member for Tweed is telling me that he wants to retain the democracy sausage sizzle. The New South Wales Government should consider shortening the early voting period to seven days prior to an election, starting on the prior Saturday, so that parties and candidates have more time to register materials after the ballot draw. In addition, the NSW Electoral Commissioner should review the number and location of early voting centres prior to the 2023 election.

A Government member interjected.

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I am glad the member for Tweed is enjoying my contribution. The NSW Electoral Commission's technology‑assisted voting, iVote, should return to and not be used beyond its intended purpose of enfranchising voters with disability and voters located remotely or overseas. The NSW Electoral Commission should review the reliability of, and change as necessary, the electronic mark‑off system and implement a backup system. At this stage there should be no short‑form Legislative Council ballot paper due to design and operational issues for the NSW Electoral Commission. However, the committee suggested that can be considered in the future. The committee considered compliance with and enforcement of electoral legislation. It recommended that assistance should be given to the NSW Electoral Commission with accountability for the timely resolution of complaints about noncompliance with legislation. It also recommended reducing the administrative burden of compliance with electoral legislation by considering amending the Electoral Funding Act 2018 to remove the need for parties and candidates to submit separate returns to claim public funding and to disclose electoral expenditure.

Safety and accessibility during elections are of key importance. The COVID‑19 pandemic hit New South Wales during the inquiry. It was not appropriate for the committee to address that when considering a past election. However, that safety matter was front of mind for the committee. It received assurance from the NSW Electoral Commissioner on the commission's preparedness and capability to facilitate safe elections in a pandemic. To ensure good work health and safety practices for staff working on election night, the committee considered that priority must be given to obtaining a likely result on election night for the Legislative Assembly and that an initial count of Legislative Council ballot papers should happen on election night but only if possible. Among recommendations to increase voting accessibility in New South Wales, the committee recommended the NSW Electoral Commission produce written materials about elections and voting for people experiencing homelessness. I thank my fellow committee members for their bipartisan collaboration. I also thank the committee secretariat. In particular, I thank the committee chair, Lee Evans, for his leadership throughout the inquiry. I congratulate him and the committee on the report.

Report noted.

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