Rowe v Electoral Commissioner

Rowe v Electoral Commissioner
Court High Court of Australia
Full case name Rowe & Anor v Electoral Commissioner & Anor
Decided 6 August 2010 (decision only, orders published 15 December 2010)
Citation(s)
  • [2010] HCA 46 (15 December 2010)
  • (2010) 243 CLR 1
Case history
Prior action(s) none
Subsequent action(s) none
Case opinions
(4:3) The Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) amendments restricting the enrolment of voters once an election has been called are invalid. per French CJ, Gummow, Bell and Crennan JJ; Hayne, Heydon and Kiefel JJ dissenting
Court membership
Judge(s) sitting French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ

Rowe v Electoral Commissioner [1] is a High Court of Australia case dealing with the validity of Commonwealth legislation that sought to restrict the time in which a voter may seek to enrol in an election (or alter their enrolment details) after the writs for such an election have been issued by the Governor General.

One of those provisions, s 102(4), prevents the Electoral Commissioner from considering claims for enrolment lodged after 8 pm on the date of the issue of writs for an election for the House of Representatives or the Senate until after the close of polling. Another provision, s 102( 4AA), prevents consideration of claims for transfer of enrolment from one divisional roll to another from 8 pm on the date of the close of the rolls for an election until after the close of polling. A third provision, s 155, provides that the rolls close on the third working day after the date of the writs.

Decision

On 6 August 2010, the Court by majority ruled that such restrictions were invalid.[2] However, as this case was decided urgently (as the federal election was to be held soon), the Court did not publish reasons until 15 December 2010.

See also

References

  1. ↑ (2010) 243 CLR 1
  2. ↑ Specifically, the Court declared that items 20, 24, 28, 41, 42, 43, 44, 45 and 52 of Schedule 1 to the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) are invalid.

External links

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