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6 - The Politics and Legality of Prisoner Disenfranchisement in Australian Federal Elections

Published online by Cambridge University Press:  03 July 2009

By
Ronnit Redman ,
David Brown  and
Bryan Mercurio
Edited by
Alec C. Ewald  and
Brandon Rottinghaus
Alec C. Ewald
Affiliation:
University of Vermont
Brandon Rottinghaus
Affiliation:
University of Houston
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Summary

To remove the right of prisoners to vote does many things. … It signals that whatever the prisoner says is not of interest to those at the top, that you are not interested in talking to them or even listening to them, that you want to exclude them and that you have no interest in knowing about them.

INTRODUCTION

In June 2006, Australia passed legislation disenfranchising all prisoners serving full-time custodial sentences from voting in federal elections. This followed a succession of changes dating from 1983 that alternately extended and restricted the prisoner franchise. In 1989 and 1995, the Australian Labor Party (ALP) federal government prepared draft legislation removing any restrictions on prisoner voting rights in federal elections; the measures were defeated and withdrawn. With the 2006 legislation, the Howard Coalition government (composed of the Liberal and National parties) successfully achieved the total disenfranchisement it first sought in 1998.

This chapter examines the politics and legality of the 2006 disenfranchisement. This will be approached, first, by briefly outlining the key provisions of the Commonwealth Electoral Act 1918, offering a short legislative history of prisoner franchise, and examining some of the key constitutional issues. Second, the 2006 disenfranchisement introduced in the Electoral and Referendum (Electoral Integrity and Other Measures) Act 2006 will be examined in greater detail, particularly in terms of the manner in which it was achieved and the arguments that were mobilized both in support of and against the change.

Type
Chapter
Information
Criminal Disenfranchisement in an International Perspective , pp. 167 - 204
Publisher: Cambridge University Press
Print publication year: 2009

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References

Fitzgerald, Jennifer and Zdenkowski, George, “Voting Rights of Convicted Persons” (1987) 11 Criminal Law Journal11.Google Scholar
Mercurio, Bryan and Williams, George, “Electoral Law: Free and Fair” (2004) 32 Federal Law Review365–95.Google Scholar
Orr, Graeme, “Ballotless and Behind Bars: The Denial of the Franchise to Prisoners” (1998) 26 Federal Law Review.Google Scholar
Fitzgerald, Jennifer and Zdenkowski, George, “Voting Rights of Convicted Persons” (1987) 11 Criminal Law Journal11, 15.Google Scholar
Orr, Graeme, “Ballotless and Behind Bars: The Denial of the Franchise to Prisoners” (1998) 26 Federal Law Review55, 75Google Scholar
Stretton, Pat and Finnimore, Christine, “Black Fellow Citizens: Aborigines and the Commonwealth Franchise” (1993) 25 Australian Historical Studies521.Google Scholar
Twomey, Anne, “The Federal Constitutional Right to Vote in Australia” (2000) 28 Federal Law Review125.Google Scholar
Goldsworthy, Jeffrey, “Originalism in Constitutional Interpretation” (1997) 25 Federal Law Review1.Google Scholar
Sawer, Marian, “Enrolling the People: Electoral Innovation in the New Australian Commonwealth,” in Orr, Graeme, Mercurio, Bryan, and Williams, George, eds., Realising Democracy: Electoral Law in Australia (2003) 52–65Google Scholar
Ridley-Smith, Melinda and Redman, Ronnit, “Prisoners and the Right to Vote,” in Brown, David and Wilkie, Meredith, eds., Prisoners as Citizens (2002) 283 at 291–2, 296–7Google Scholar
Tanner, Stephen, “The Rise and Fall of Edmund Rouse,” (1995) 4 Australian Studies in Journalism72–89Google Scholar
Lester, M., “MP Bribe Scandal,” (1989) Hobart Mercury, June 24, p. 1Google Scholar
Report of the Royal Commission in an Attempt to Bribe a Member of the House of Assembly (1991) HobartTasmanian Government Printer.
Brown, David, “Prisoners as Citizens,” in Brown, and Wilkie, , eds., Prisoners as Citizens (2002) 324–5.Google Scholar
Vaughan, Barry, “Punishment and conditional citizenship,” (2000) 2 Punishment and Society23, 26.Google Scholar
Charlesworth, Hilary, Chiam, Madelaine, Hovell, Devika and Williams, George, “Deep Anxieties: Australia and the International Legal Order,” (2003) 25 Sydney law Review423, 424.Google Scholar
Uggen, Christopher and Manza, Jeff, “Symposium on Race, Crime and Voting, Social, Political and Philosophical Perspectives on Felony Disenfranchisement in America: Voting and Subsequent Arrest: Evidence from a Community Sample” (2004) 36 Columbia Human Rights Law Review193, 208.Google Scholar
Visher, Christy A. and Travis, Jeremy, “Transitions from Prison to Community: Understanding Individual Pathways,” (2003) 29 Annual Review of Sociology89–113Google Scholar
Dodson, Louise and Coorey, Phillip, “Tampa Won Us Votes, Libs Told, Sydney Morning Herald, June 21, 2006.Google Scholar
Pratt, John, “Elias, punishment and decivilisation,” in Pratt, John et al., The New Punitiveness (2005)Google Scholar
Vaughan, Barry, “Punishment and conditional citizenship,” (2000) 2 Punishment and Society23, 26.Google Scholar
Garland, David, “The Limits of the Sovereign State: Strategies of Crime Control in Contemporary Society,” (1996) 36 British Journal of Criminology, 445–471.Google Scholar
Bottoms, Anthony E., “The Philosophy and Politics of Punishment and Sentencing,” in Clarkson, Chris and Morgan, Rod, eds., The Politics of Sentencing Reform (1995).Google Scholar
Brown, David, “Continuity, rupture, or just more of the ‘volatile and contradictory’? Glimpses of New South Wales’ penal practice behind and through the discursive,” in Pratt, John et al., The New Punitiveness (2005).Google Scholar
Easton, Susan, “Electing the Electorate: The Problem of Prisoner Disenfranchisement” (2006) 69 Modern Law Review3, 443–52.Google Scholar
Brown, David, “The Disenfranchisement of Prisoners: Roach v. Electoral Commission & Anor – Modernity v. Feudalism” (2007) 32 Alternative Law Journal3, 132–7.Google Scholar
Brown, David, “Giving Voice: The Prisoner and Discursive Citizenship,” in Anthony, Thalia and Cunneen, Chris. eds., The Critical Criminology Companion (Hawkins Press: Sydney, 2008), 228–39.

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