My Response to the Electoral Commissioner's Determination Notice

Bruce Taylor
Tasmanian Electoral Commission
GPO Box 300
Hobart TAS 7001


I am writing in regards to your Determination Notice - Reference No: 0279 3449 1695 5069
Under section 155 of the Electoral Act 2004 it states "The Commissioner is to determine whether, in his or her opinion, the elector has a valid and sufficient reason for failing to vote at the election."

Bruce Taylor, please explain in writing how and why you determined, in your opinion, my reason was not valid and sufficient. I believe my reason was valid and sufficient and I also believe my opinion is just as valid as yours.

I will not pay the penalty of $24 and I will challenge your opinion and authority if an infringement notice is issued.

By determining my reason for failing to vote is not valid and sufficient and by issuing a penalty you are, by intimidation, forcing me to vote in the future and thereby influencing the result of an election. By issuing a penalty for failing to vote you are inducing fear.
Under Section 189 of the Electoral Act 2004 it states, "A person must not, by violence or intimidation, influence or attempt to influence a person's election conduct at an election." Under Section 187 "election conduct", in relation to a person, means wether or not the person votes.
Issuing a penalty for failing to vote is intimidation and it does influence wether or not a person votes.

Under section 189 of the Electoral Act 2004 "A person guilty of the crime of electoral intimidation is punishable on indictment under the Criminal Code. Notwithstanding section 389 of the Criminal Code, a person who is convicted of a crime of electoral intimidation is liable to a penalty of a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both."

Voting is not a civic duty, but rather a civil right. While I may exercise my civil rights I am not compelled to. If one has the right to vote, it should follow that there is a corresponding right not to vote. It is an undemocratic infringement of my liberty to force me to vote.


James Rubenach
24 JULY 2010

P.S. I wonder what your determination would have been if I had claimed that I believe it to be part of my religious duty to abstain from voting. Under section 181 of the Electoral Act 2004, it is listed as a valid and sufficient reason for failing to vote.