Referendums and why they often fail

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Photo: (Ed: this is not Peter Dutton, says She who says Yes (in this instance)

You’d have to give the Internet prize this week to the wag who posted a photo of Opposition Leader Peter Dutton (against a background of jubilant Australian soccer players).

“Peter Dutton needs more details before he will support the Matildas,” the satirical headline read.

The Matildas meme most accurately portrays the intransigence of the Opposition Leader’s approach to the Voice referendum, saying No because he doesn’t have enough ‘detail’.

Mr Dutton, perhaps unfairly, has been tagged the poster boy for the No vote. There are many others and some far more to the right than the LNP Leader and that’s saying something. But as a friend said during a discussion last week, those who say they are going to vote No cannot mount any form of rational argument as to why.

The Voice is a national vote to change the Constitution to recognise the First Peoples of Australia. The advisory body would give advice to the Australian Parliament and Government on matters that affect the lives of Aboriginal and Torres Strait Islander peoples.

On the face of it, you’d have to wonder what all the fuss is about. After all, in 1967, 91% of Australians voted to change the Constitution so that Aboriginal and Torres Strait Islander peoples would be counted as part of the population. As such, the Commonwealth would be able to make laws for them. At the time, the thinking was that if Australians did not pass this referendum, we would be viewed as a Pariah state, as South Africa was at the time.

As of 2023, 44 nationwide referendums have been held, only eight of which have been carried. Since multiple referendum questions are often asked on the same ballot, there have only been 19 separate occasions that the Australian people have gone to the polls to vote on constitutional amendments, eight of which of which were concurrent with a federal election. There have also been three plebiscites (two on conscription and one on the national song), and one postal survey (on same-sex marriage). Australians have rejected most proposals for constitutional amendments. As Prime Minister Robertt Menzies said in 1951, “The truth of the matter is that to get an affirmative vote from the Australian people on a referendum proposal is one of the labours of Hercules.”

The sticking point with referendums is that to be passed they need to return a majority in each State, not just a majority nationally.  (Votes from those in the ACT and Northern Territory count as part of the national vote.)

Of the 44 referendums which have been held, there have been five instances where a ‘yes’ vote was achieved on a national basis but failed to win because some States voted against. Some issues arise again and again.

Votes on whether or not to adopt daylight saving time have been held in three States. Daylight saving (where clocks are wound back one hour for the summer months) is now observed in New South Wales, Victoria, South Australia, Tasmania, and the Australian Capital Territory. Daylight saving is not observed in Queensland, the Northern Territory or Western Australia.

In WA a referendum was held on 16 May 2009, the fourth such proposal put to Western Australian voters. The 2009 vote followed a three-year trial period.

After trialing daylight saving in Queensland for three years, a referendum in 1992 resulted in a 54.5% ‘no’ vote. Popular myth is that the referendum failed because ‘people out west’ feared it would fade their curtains.

In 1977, a plebiscite was held to vote for a national song. The choices included Waltzing Matilda, Song of Australia and God Save the Queen (the latter garnered only 18.78% of the vote). The dirge we now call our National Anthem topped the poll with 43.29% of the popular vote and was enshrined as the anthem.

After the Voice referendum is run and won or lost, Australians may not have an appetite for another. But surely at some stage we will be allowed to vote for I Am, You Are, We are Australian, which was not a choice in 1977, primarily because Bruce Woodley and Dobe Newton had not written it yet.

And, although Prime Minister Albanese says now is not an appropriate time to revive the Republic debate,  we do note the appointment in May 2022 of Matt Thistlewaite as Assistant Minister for the Republic, among his several ministerial appointments.

On the latest Voice polls, six of 11 are showing a ‘No’ result. This is being widely construed as a sign the referendum will fail. What the polling does not take into account is that nobody under 42 has ever voted in a referendum (the last one being the failed Republican vote in 1999). Are we game to take a gamble on which way Australia’s 4.6 million Generation Zers might vote? And how many of them are voting for the first time?

The outcome of referendums has been notoriously difficult. In the lead up to the 1999 Republican referendum, the proposition was looking like a shoo-in. But there was too much difference of opinion amongst Republican factions about how a president would be elected.

In 1916, then Prime Minister Billy Hughes was reportedly ‘devastated’ when the government’s push for conscription failed. Despite Australians not being obliged to vote in those days, the turnout was high and the vote was narrowly defeated. Perhaps it was due to the complexity of the question, which did not explicitly mention conscription.

Are you in favour of the Government having, in this grave emergency, the same compulsory powers over citizens in regard to requiring their military service, for the term of this war, outside the Commonwealth, as it has now with regard to military service within the Commonwealth?

The reference to existing military service meant the requirement for compulsory military service within Australia for all men aged between 18 and 60 (in existence since 1911).

No-one seems to be overly worried about the cost of the referendum, a figure for which has been reported as high as $169 million. If you’ll forgive a rather loose calculation, on that basis Australia has spent more than $7.5 billion on referendums, only eight of which have been won.

We both decided this weekend to throw our hat into the ring, so to speak, posting selfies wearing a Yes cap from the 1999 campaign. If you are going to vote Yes it is obvious why – you have empathy for indigenous people and the hand they have been dealt and want to stop future governments from undoing all the good work that has previously been done.

The Australian Financial Review summarised the reasons why people may vote No.

“…understanding and awareness of the Voice remains poor as the Yes campaign struggles to convince undecided voters to vote for the Voice. Polling shows many Australians still don’t understand what the Voice means, or they are concerned that it risks dividing Australians or giving Indigenous people special rights.”

After they helped write the constitution at the end of the 19th century, Sir John Quick and Sir Robert Garran sought to make sure future generations understood safeguards that would allow the document to be changed only in precise circumstances. Referendums were designed with a double majority needed, in order “to prevent change being made in haste or by stealth”.

If you are still confused about what those ‘special rights’ might be or not be, here’s some intelligent thoughts on what Albanese hopes to achieve:

And (to be fair), here’s both sides of the legal debate, including a belief it will erode a fundamental principle of democracy – equality of citizenship.

(Ed: I’m constrained to say I completely disagree with the implied notion that Indigenous people already have ‘equality of citizenship’.)

Hobson’s Choice – guide to preferential voting

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Hobson’s Choice – preferential voting sand photo by Bob Wilson

By Laurel Wilson

I wasn’t born in Australia, but I got here as quick as I could, and have been here a long time, having been educated in Brisbane (or at least I went to school and University there.) But I don’t recall being taught anything about our voting system. Perhaps it was considered to be not all that relevant, as the minimum voting age was 21 at the time.

After finishing a Dip.Ed. at the University of Queensland, I eventually landed a teaching job in Stanthorpe – regarded in those days as a ‘hardship’ post, perhaps because it was considered to be a long way from Brisbane and it was rumoured to snow there at times in winter.

As most teachers would have experienced, the newer teachers were generally assigned to what was considered to be the ‘less desirable’ classes – in my case, this included the 9B2E2- Industrial Boys class. I really liked those kids and found them to be intelligent and respectful. We all struggled through sessions of ‘Citizenship Education’, known, it must be confessed, by teachers and students alike, as ‘Shit Ed’, such was the turgid quality of the textbook.

Having to teach the subject did, however, result in my having first to grasp and then explain the concept of ‘preferential voting’ to my class of young boys.

So, dear readers, it has come to this – there’s an election on in Queensland tomorrow to decide whether we’re to have three years of a Labor Government (we will have four year terms from 2020 onwards), or whether the Liberal-National Coalition will resume where they left off nearly three years ago. There is, of course, the possibility that Pauline Hanson’s One Nation may get the nod.

In a system which I understand is particular (some would say peculiar) to Australia, voting is compulsory and elections are decided by a system of ‘preferential voting’, rather than the more common ‘first past the post’ system used in most other countries. To add to the complications, Queensland has reverted to ‘full preferential voting’, rather than the ‘optional preferential’ system used last election. This means that we must now place a number next to every candidate on the ballot paper in order of preference. Until recently, I was unaware that this change had occurred. I suspect this move was done rather quietly in some midnight Parliamentary sitting, but it may have just been the fact that I have, for some time, eschewed reading newspapers and watching TV news.

Those who already have a grasp on our voting system may choose to stop reading now, or continue if you’re curious to see whether someone who wasn’t born here can actually understand and explain the intricacies of ‘preferential voting’….

[For those not living in Queensland, the main parties contesting the election are Labor (incumbents- centre-left oriented, the original ‘workers’ party’); LNP- a coalition of Liberal (not the North American version of Liberal) and National parties (centre-right); Pauline Hanson’s One Nation (further to the right on many issues, populist); The Greens (emphasising environmental and social issues) and Katter’s Australia Party (rural conservatives). Some electorates will also have ‘Independents’- not officially aligned with any party.]

The ‘first past the post’ system of electing representatives has never been the case in Queensland. Preferential voting was introduced here in 1892 – 26 years before Prime Minister Billy Hughes introduced it for Federal elections, including the Senate. The rationale apparently was to allow competition between the conservative parties without risking seats. That worked out just fine, then.

The drawback of the preferential system is that a person can win a seat with as little as 35% or even less of the popular vote, providing there are more than 2 candidates vying for election in that seat. Of course when there are only 2 candidates, ‘preferential voting’ is not really relevant, as one candidate is bound to secure more than 50% of the valid votes on the first count. (I did ask Mr FOMM what would happen if there was a draw – we came to the conclusion that there would have to be a by-election. Any better ideas?)

To give an example of the ‘first past the post system’: – in this imaginary electorate, there are 1000 valid votes cast.

Candidate A from the ‘Let’s Not Party’ party gets 350 votes

Candidate B from the ‘Up the Workers’ party gets 300 votes

Candidate C representing the ‘Treehuggers’ gets 200

Candidate D from the ‘Please Explain’ party gets 125

And Candidate E – an Independent gets 75

If this were ‘first past the post’, candidate A from the ‘Let’s Not Party’ party would win, leaving 650 electors NOT getting their choice of candidate.

Under the full preferential system, electors must vote for all the candidates in the voter’s order of preference – e.g. candidate A was the ‘first preference’ of 350 voters, candidate B was the first preference of 300 voters and so on. A candidate must get 50%+ 1 of the votes to win. In the above example, no candidate has gained 50% +1 of the votes on ‘first preferences’, so that is when ‘second (and often third) preferences’ come into play.

Every valid vote must have a person’s preferences marked 1 to 5 in the above example, as there are 5 candidates. The next step is to count the ‘second preferences’ of the candidate with the lowest number of ‘first preference’ votes. This candidate is then eliminated from the count. In this case, the second preferences of those who voted for candidate E are counted. Say 50 of these go to candidate B and 25 to candidate C

The new count is:

A gets 350 +0    = 350

B gets 300 + 50 = 350

C gets 200 + 25 =  225

D gets 125 +0 = 125

(Candidate E eliminated)

Still no-one with 501 or more, so the 2nd preferences of candidate D are counted and candidate D is eliminated from the ‘race’. 100 people voting for candidate D have marked candidate B as their second preference and 25 have marked candidate A as their second preference

A gets 350 +0    =   350+25= 375

B gets 300 + 50 = 350+100= 450

C gets 200 + 25 =   225+0= 225

D gets 125 +0 =   125- preferences distributed and candidate D eliminated

STILL no-one with 500+1, so the 2nd preferences of candidate C are counted and candidate C is then eliminated from the ‘race’. 100 people voting for candidate C have marked candidate A as their next preference and 125 have marked candidate B as their next preference. (At the risk of losing the plot, but to be completely accurate, I must add that the 2nd preferences of 200 of candidate C’s voters are counted, as candidate C was their first choice, but the 3rd preferences of 25 people are counted, as candidate C was their 2nd choice)

A gets 350 +0    =   350+25=375+100=475

B gets 300 + 50 =350+100=450+125=575

C gets 200 + 25 =   225+0=225 preferences distributed and candidate C eliminated

Finally, we have a winner – candidate B from the ‘Up the Workers’ party is the first,  second (or third) preference of the majority of voters. I guess you could say this means ‘B’ is the least disliked of the candidates, so gets the nod.

So over to you, good Queenslanders. Be sure to vote on Saturday, and don’t forget to number all the squares on the ballot paper to be sure that your vote counts. And in the true tradition of elections, have a polling day sausage in a blanket and be nice to the people distributing ‘how to vote’ cards – they might just come in handy this time.

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