Failure to Vote Notices for Local Government Elections

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The Electoral Commission of Queensland (ECQ) carefully considered the impact of the COVID-19 pandemic on voting in the 2020 local government elections and Bundamba and Currumbin State by-elections on 28 March 2020. The ECQ developed a tailored and proportionate response to non-voters at the March elections, in recognition that electors may not have voted due to heightened anxiety about COVID-19.

The ECQ will not take any action against first-time non-voters due to the circumstances of the pandemic. Electors who missed voting in previous elections but provided a valid excuse or paid their fine will also not be subject to compliance action. Further, many non-voters have already provided a valid excuse to the ECQ. This represents over 90% of the electors who appear to have not voted at the March 2020 elections.

The only electors who will be subject to compliance action by the ECQ for not voting at the March 2020 elections, are repeat non-voters who have demonstrated a pattern of non-compliance with the ECQ’s action for their failure to vote. This includes:

  • electors who have not voted in three or more elections and who did not respond or comply with previous action by the ECQ. These electors will be sent an ‘apparent failure to vote’ notice which allows an opportunity to provide reasons for not voting. If the elector is unable to provide a valid reason, or do not engage with the ECQ, they will receive a fine; and/or

  • electors who have not voted in two elections, including March 2020, and did not respond or comply with previous action by the ECQ. These electors will be sent a warning letter that reminds them that voting is compulsory and of the expanded voting options available for the State general election in October 2020.

This approach has been carefully considered to ensure that habitual non-voters are subject to compliance action for failing to vote, while acknowledging the extraordinary circumstances of the COVID-19 pandemic. It is important to note that voting is compulsory in Queensland and, as the regulator, the ECQ must take appropriate action to promote compliance with these laws and provide a disincentive to those who repeatedly fail to vote.

For information on how the ECQ is addressing public health matters at the October State Election, voters can visit https://www.ecq.qld.gov.au/elections/election-events/2020-state-general-election.

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