Supported decision-making and voting

Proposal 9–6 Section 234(1) of the Commonwealth Electoral Act 1918 (Cth) should be amended to provide that ‘if any voter satisfies the presiding officer that he or she is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot paper’.

Question 9–2 What further changes, if any, are required to the Commonwealth Electoral Act 1918 (Cth) or relevant legal frameworks to facilitate the provision of assistance and support to people who require decision-making support to vote, including by secret ballot?

9.42 Australia’s obligations under the CRPD include ensuring the accessibility of voting procedures, facilities and materials; protecting the right to vote by secret ballot; and where necessary, and at their request, allowing people with disability assistance in voting by a person of their choice.[36]

9.43 In light of these obligations, and the proposal above requiring decision-making assistance and support to be taken into account in determining whether a person has decision-making ability with respect to enrolment and voting at the relevant election, there is a need to ensure the Act contains provision for appropriate decision-making assistance and support.

9.44 Section 234(1) of the Commonwealth Electoral Act currently provides that ‘if any voter satisfies the presiding officer that his or her sight is so impaired or that the voter is so physically incapacitated or illiterate that he or she is unable to vote without assistance’, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot paper’.

9.45 This provision already provides for a form of supported decision-making. However, in order to ensure consistency with the ALRC’s approach and the use of appropriate language, and to expand the category of people who may rely on the provision, the ALRC proposes that the provision be amended. It may be possible to include a more appropriately worded example in the Act. Specifically, the ALRC proposes the section be amended to provide that ‘if any voter satisfies the presiding officer that he or she is unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold, and deposit the voter’s ballot paper’.

9.46 In addition to assistance in marking and depositing the ballot paper, people may require additional assistance in relation to enrolment and voting. For example, a person may require support to complete enrolment forms, update their address, or to obtain and understand information about candidates or voting procedures.

9.47 While the AEC and relevant state and territory electoral commissions have introduced a range of measures to increase electoral accessibility,[37] there remains a need for Australia to ‘adopt concrete measures to support people with disabilities to exercise their right to vote on an equal basis with others’.[38]

9.48 In addition, the difficulty with any support related to the voting procedure is respecting the right to a secret ballot. PIAC submitted that ‘ensuring a secret ballot is an essential element of Australia’s democracy, yet this is not readily available to people with disability’.[39]

9.49 A number of stakeholders suggested support mechanisms that would allow people with disability to vote independently and in secret, including the use of logos or symbols; templates; assisted voting; electronically assisted voting; and outreach models.[40]

9.50 The ALRC is interested in what further changes, if any, are required to the Commonwealth Electoral Act 1918 (Cth) or relevant legal frameworks to facilitate the provision of such decision-making assistance and support to people, including by secret ballot.