After receiving the response to my previous letter I elected for a court hearing because I was not satisfied with the Electoral Commission's decision. I waited for a few months and did not hear anything until I received the following letter from the Electoral Commission.
Dear Mr Rubenach
Offence of failure to vote - decision not to prosecute
I refer to the "Notice of Election for a Court Hearing" you completed on 16 September
2010. This related to a failure to vote infringement notice that was issued to you following
the House of Assembly election in March.
In accordance with section 21(2) of the Monetary Penalties Enforcement Act 2005, I am
writing to advice that, on this occasion, prosecution will not proceed.
Yours sincerely
Nicole Lugg
SENIOR POLICY ANALYST
Monday 15 November 2010
I must say I was kind of disappointed with this letter because I wanted the decision to be made by the court.
I have not voted in any elections since and have not received any further notices of failing to vote or fines from the Electoral Commission.
I will only vote in the future if it is my freewill decision to do so. I will not be intimidated by the Electoral Commission anymore.
Thursday, November 1, 2012
Saturday, July 31, 2010
Compulsory Voting - My Opinion
I am against compulsory voting. I believe forcing a person to vote is an undemocratic infringement on liberty.
Issuing a penalty for failing to vote is intimidation and it does influence whether or not I vote. Although the Electoral Commissioner, under the Electoral Act, issues a penalty for failing to vote I believe the law is in contradiction with itself and issuing a penalty does constitute intimidation.
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 is defined as "wether or not the person votes."
Dictionary.com defines "intimidation" as "to force into or deter from some action by inducing fear." http://dictionary.reference.com/browse/intimidation
"fear" can be defined as a distressing emotion aroused by an impending threat, whether the threat is real or imagined.
Issuing a penalty for failing to vote carries the threat of a fine or even imprisonment. Issuing a penalty does induce fear.
Being forced to do something against your will is a restriction on your liberty.
All Law is Contract - go to http://www.wepin.com/3steps/contract.html for an understanding of what this statement means. The Electoral Commission uses fear to convince people to make the contract. No law applies to me unless I have personally accepted the contract.
Bureaucrats think they have the right to tell you what to do, but that doesn't mean that they actually have the right.
Issuing a penalty for failing to vote is intimidation and it does influence whether or not I vote. Although the Electoral Commissioner, under the Electoral Act, issues a penalty for failing to vote I believe the law is in contradiction with itself and issuing a penalty does constitute intimidation.
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 is defined as "wether or not the person votes."
Dictionary.com defines "intimidation" as "to force into or deter from some action by inducing fear." http://dictionary.reference.com/browse/intimidation
"fear" can be defined as a distressing emotion aroused by an impending threat, whether the threat is real or imagined.
Issuing a penalty for failing to vote carries the threat of a fine or even imprisonment. Issuing a penalty does induce fear.
Being forced to do something against your will is a restriction on your liberty.
All Law is Contract - go to http://www.wepin.com/3steps/contract.html for an understanding of what this statement means. The Electoral Commission uses fear to convince people to make the contract. No law applies to me unless I have personally accepted the contract.
Bureaucrats think they have the right to tell you what to do, but that doesn't mean that they actually have the right.
Electoral Commission's Response To My Letter
2010 House of Assembly election
Thankyou for your letter of 22 July 2010.
You clearly disagree with the provision in Tasmanian electoral law, which establishes failure to vote as an offence. I completely respect your opinion and your right to hold it. However, I cannot except that your disagreement with the law constitutes a valid and sufficient reason for not complying with the law.
Nor can I accept that the Electoral Commissioner's lawful issue of a determination notice could be held to constitute violence or intimidation.
If you choose not to pay the prescribed penalty, you will in due course receive an infringement notice. You will then be able to elect for a court hearing, at which you would be able to represent the arguments in your letter.
In answer to your post script, it is a valid and sufficient reason for failing to vote if an elector believes it to be part of his or her religious duty to abstain from voting.
Yours Sincerely
Julian Type
Deputy Electoral Commissioner
27 July 2010
Thankyou for your letter of 22 July 2010.
You clearly disagree with the provision in Tasmanian electoral law, which establishes failure to vote as an offence. I completely respect your opinion and your right to hold it. However, I cannot except that your disagreement with the law constitutes a valid and sufficient reason for not complying with the law.
Nor can I accept that the Electoral Commissioner's lawful issue of a determination notice could be held to constitute violence or intimidation.
If you choose not to pay the prescribed penalty, you will in due course receive an infringement notice. You will then be able to elect for a court hearing, at which you would be able to represent the arguments in your letter.
In answer to your post script, it is a valid and sufficient reason for failing to vote if an elector believes it to be part of his or her religious duty to abstain from voting.
Yours Sincerely
Julian Type
Deputy Electoral Commissioner
27 July 2010
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.
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.
My Reason For Not Voting
I failed to vote in the 2010 House of Assembly elections and received a notice for failing to vote. Below is the reason a provided to the Electoral Commissioner for failing to vote.
"I had no preferences for any candidates. I did not completely agree with any policy set or party or candidate, and did not wish to "compromise" myself, make a "dishonest" or "insincere" vote, by voting for any of them. I did not feel I had enough information or time to make a rational, informed choice."
"I object to the political system in general and I object to compulsory voting. I avoided voting in order to make a political statement against compulsory voting. I believe an individual should have the right to be free from politics."
"I believe compulsory voting is an undemocratic infringement on liberty - any force is prima facie undesirable."
The Electoral Commissioner issued me with a determination notice in regard to the reason I provided. The Electoral Commissioner did not except my reason as being valid and sufficient.
"I had no preferences for any candidates. I did not completely agree with any policy set or party or candidate, and did not wish to "compromise" myself, make a "dishonest" or "insincere" vote, by voting for any of them. I did not feel I had enough information or time to make a rational, informed choice."
"I object to the political system in general and I object to compulsory voting. I avoided voting in order to make a political statement against compulsory voting. I believe an individual should have the right to be free from politics."
"I believe compulsory voting is an undemocratic infringement on liberty - any force is prima facie undesirable."
The Electoral Commissioner issued me with a determination notice in regard to the reason I provided. The Electoral Commissioner did not except my reason as being valid and sufficient.
Arguments For & Against Compulsory Voting
Arguments in favour of compulsory voting
A key argument for compulsory voting is that such a system guarantees that the government represents a majority of the population, not only individuals who vote, and this ensures the government does not neglect sections of society that are less active politically.
Compulsory voting possibly mitigates the impact that external factors may have on an individuals capacity to vote such as the transport, weather, or restrictive employers.
Another argument is that compulsory voting makes people think about the tough issues more. This in turn could make governments more likely to bring up tough and possibly unpopular issues that need to be addressed.
Compulsory voting may stimulate stronger participation and interest in other political activities.
It is possible that high levels of participation decreases the risk of political instability created by crises or dangerous leaders.
Arguments against compulsory voting
A key argument for compulsory voting is that such a system guarantees that the government represents a majority of the population, not only individuals who vote, and this ensures the government does not neglect sections of society that are less active politically.
Compulsory voting possibly mitigates the impact that external factors may have on an individuals capacity to vote such as the transport, weather, or restrictive employers.
Another argument is that compulsory voting makes people think about the tough issues more. This in turn could make governments more likely to bring up tough and possibly unpopular issues that need to be addressed.
Compulsory voting may stimulate stronger participation and interest in other political activities.
It is possible that high levels of participation decreases the risk of political instability created by crises or dangerous leaders.
Arguments against compulsory voting
One of the most common arguments against compulsory voting holds that voting is not a civic duty, but rather a civil right. While citizens may exercise their civil rights they are not compelled to. Compulsory voting can be seen as an infringement on a citizen's liberty. Some consider the fining of recalcitrant voters to be even more oppressive.
Some individuals oppose the idea of compulsory voting because they have no interest in politics or no knowledge of the candidates. Others may be well-informed, but have no preference for any particular candidate, and have no wish to give support to the political system.
Compulsory Voting in Australia
Australia is one of only a few democracies in which electors are obliged to vote in elections. Voting is compulsory at federal elections and at elections for the state and territory legislatures. People who fail to vote at an election are asked to explain their reason for failing to vote. If the Electoral Commissioner decides the reason provided is not valid and sufficient, a fine is imposed, and failure to pay the fine may result in a court hearing.
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