Referendums and why they often fail

referendums-fail-free speech
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’.)

Democracy Sausage – A Rare Treat

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Parliament House in Canberra, image Simon Yeo, https://www.flickr.com/photos/smjb/9223049760/

When you go to vote tomorrow, be thankful we live in a democracy where we have freedom (up to a point) to choose who leads us.

Think about the 52 nations which are not a democracy. They are run either by a dictator or an autocratic regime. Within the borders of these countries, the general population has no say at all. In almost all those nations there is no free and independent press. Troublesome journalists are murdered or, more commonly, jailed. The 2021 World Press Freedom Index compiled by Reporters Without Borders (RSF) shows that journalism is completely or partly blocked in 73% of the 180 countries ranked by the organisation. RSF keeps a running tally of journalists killed since January this year: (26 journalists and two media workers) and 461 journalists and 18 media workers who are in prison for doing their job.

Safe to say these scribes were just trying to get the word out from one of the 52 nations that don’t have a democracy. They include China, North Korea, Myanmar, Afghanistan, many Middle East Kingdoms and a host of African countries. The 2021 survey by The Economist’s Intelligence Unit says that only 6.6% of the world’s population lives in one of 21 “full democracies”.

Australia operates under the Westminster system of democracy, that is, we’re not a monarchy, but the British monarchy plays a role. Just how much of a role was demonstrated in 1975 when the Governor-General John Kerr sacked the sitting Prime Minister, Gough Whitlam.

Every Australian citizen  aged 18 and over (with the exception of prisoners serving over 3 years and those of ‘unsound mind’) gets a vote (voting is compulsory in this democracy), and a rigid system of checks and balances aims to stamp out cheating.

The electoral roll closed last month, so these figures are current: 17.793 million eligible voters (96.8%) will go to the polls. If you were wondering, the Australian Electoral Commission (AEC) estimates there are 564,240 Australian who are eligible to vote but are not on the roll.

Think about that for a moment.

The main advantage of compulsory voting is it allows certainty about the voter turnout and ensures there’s enough of everything to go around. It also means the Democracy Sausage* providers can estimate stock with minimum wastage.

Our election results are muddied by a confusing system of preferential voting. Rather than the first past the post system preferred by the US, UK, New Zealand, Canada and others, voters must number their choices by preference. If you don’t, or otherwise muck up the ballot paper, your vote will not be counted.

This farcical system forces rabid voters of the right and left to apportion part of their vote to a party they wouldn’t point the garden hose at if it were on fire. So rather than choosing the party/politician of your choice, voters must number other candidates in order of preference. When votes are counted, the distribution of preferences can be crucial in a tight contest.

The preferential voting system was introduced in the 1920s by Billy Hughes during the formation of the Country Party. Hughes saw it as a means of avoiding the two conservative parties splitting the vote (to the benefit of Labor).

This example collated by the ABC demonstrates how the preferential system can deliver unexpected outcomes:

“The Corangamite by-election on December 14, 1918 was the first Federal poll conducted under the new system. Previously, voting had been on a first past the post basis.

In a field of five, Labor led on primary votes. Future Labor Prime Minister James Scullin polled 42.5% of the vote. But a tight exchange of preferences between four competing conservative candidates saw Scullin’s vote rise to only 43.7% after preferences. The Victorian Farmers Union candidate came from 26.4% on primaries to win with 56.3% after preferences.”

(Ed and Scribe disagree on this point. Under the ‘first past the post’ system, a person can be elected even though the majority of voters didn’t vote for them Eg say there are five candidates in an electorate. Candidate A gets the most ‘first past the post’ votes with 37% Candidate B gets 35%, C, D and E the remainder. So ‘A’ wins, even though 63% of voters didn’t want that candidate and nearly as many preferred ‘B’. Under the preferential system, the winning candidate will be the one who gains the most first preference votes, combined with the second preferences of the unsuccessful candidates, meaning most people end up with their first or second preference as their representative. If this is clear as mud, you weren’t paying attention in Citizenship Education classes…)

If that seems wrong to you, that is the system we have inherited.

Consider the vote counts for the 2019 election. On a two-party preferred basis (after preferences are distributed), the Liberal National Coalition (LNP) received 7.34 million votes, a 51.33% majority against Labor’s 6.90 million votes (48.7%). It’s not often emphasised, but Australia’s Green party took just over 10% of the popular vote in 2019, amassing some 1.47 million votes. While the Greens still have only one Federal member, the party has nine seats in the Senate.

Australia’s best-known election analyst, Antony Green, said this about preferential voting, apropos the 2019 surprise result (polls had consistently said the LNP would lose):

For all the talk of preferences deciding elections, in the end who wins depends more on whether Labor or the Coalition have the higher primary vote,” Green said.

“In the last two decades, Labor’s first preference support has trended down largely because of the growth in Green (party) support.”

Earlier this year Mr Green published a graph which illustrates the influence of preferences on election results.

The other factor which sways election results in this geographically vast and relatively under-populated land is electoral boundaries.

Our electorate, Maranoa, is impossibly large – almost 730,000 square kilometres – encompassing 17 Local Government Areas. The electorate is so large we have seen little of the Labor candidate, given that he lives in Barcaldine, about 1,000 kms North-West. The result is academic, apparently, with the seat being held by conservatives since 1943. Federal MP David Littleproud looks set for another term in Parliament, despite having to wrangle an electorate three times the size of Victoria.

Contrary to popular myth, political parties don’t redraw electoral boundaries. This task is carried out by the Australian Electoral Commission to maintain the concept of ‘one vote, one value’. Boundaries are frequently re-drawn in physically large states (Western Australia, New South Wales and Queensland) as their populations shift and grow. On a Federal level, the same thing is done to ensure each State and Territory has seats in the House of Representatives in proportion to their population.

The one issue that has had little or no coverage in the election campaign is the apparent desire on both sides of politics for Australia to become a Republic.

Yes, I know we had a referendum in 1999 and the motion was defeated, but successive polls have shown political support for Australia to become a Republic (but not in Queen Elizabeth II’s lifetime).

I’m not suggesting that Bill Shorten’s stance on this topic contributed to his defeat in 2019, but he was on record as saying he would have held a plebiscite if elected in 2019. While Labor and the Greens support Republicanism, there is also support within conservative parties. We should not forget that the 1999 referendum was driven by one Malcolm Turnbull, who 16 years later served one term as Australia’s (Liberal) Prime Minister.

While your imagination is reeling at the thought of President Albanese, President Morrison or President Wong, you could donate a couple of dollars for your Democracy Sausage on the way out of the polling booth.

I’m not sure what happens in other democracies, but down here local community groups like Lions, Rotary, school P&Cs and such run barbeques at polling booths and offer voters a sausage on a bun or a piece of (white) bread.

I’d make two observations about this: 1/ the aim is to donate money to a good cause; 2/ you don’t have to eat it.

But it’s an Aussie tradition, eh, like two-up on Anzac Day and wrapping yourself in a flag on Australia Day. Who am I to put a dampener on that?

#bobforpresident

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