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Overseas Aussies, Can You Still Vote?

Posted on the campaign blog , April 5th, 2007
Expat Aussies face special enrolment/disenfranchisement issues. It's not compulsory to vote once you are outside Australia. But if you don't vote, you run a high risk of being wiped off the electoral roll. And once you have been wiped off the electoral roll, you may find yourself disenfranchised for the rest of your time overseas.

That might not worry you. Some people are relieved and happy not to have to vote once they leave the country. But quite a few expat Aussies get pretty upset when they find that they can't vote.

If you are not on the electoral roll, AND it's now more than three years since you left to live overseas, then Australian federal electoral law actually prohibits you from (re)enrolling from abroad.

We think there are in the order of half a million disenfranchised Aussies around the globe. That's the equivalent of 5 or 6 electorates.

The disenfranchisement is not necessarily terminal. If you eventually move back to Australia, after you have lived at an address for one month or more, you can enrol again.

It's not that Australians have no right to vote at home once they go overseas. But it is a little-known fact that if you don't do everything right and fill in the correct AEC forms in a timely manner once you do go, you will end up inadvertently disenfranchised.

Should overseas Australians have a voice at the ballot box at home at all?

I would argue that they should - if they want to. About a million Aussies now live abroad at any one time. I'm not advocating that voting should suddenly be made compulsory for those abroad - in practical terms alone the AEC could never hope to track us all down. And some expat Aussies don't feel in touch enough with Australia to be able to make an informed decision at election time.

But I am saying that an overseas Australian's right to vote should not disappear just because they have fallen foul of little understood enrolment limitations.

The Southern Cross Group (SCG) has been lobbying on this for a number of years. We're an international, volunteer-run, non-profit advocacy and support organisation for the Australian diaspora.

Let's hear your views: anne@southern-cross-group.org


Anne MacGregor
Co-founder, Southern Cross Group, Brussels, Belgium

You can download the Application for Enrolment from Outside Australia form here.

And you can download the Application for Registration as an Overseas Elector form here.

33 comments

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Bozena Sawa
April 5th, 2007

I was surpriesed last election (24 March) because I was taken off the electoral list. so was my firend. I do not know why?



I wonder did it happen to others?

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Graham Stitz
April 5th, 2007

Not happy, John!

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Nadine Oliver
April 5th, 2007

Hi I am in Phuket, Thailand...Tell me more & what I need to know



Definately out of touch with Australian politics but want to be

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Julie Lorenzen
April 6th, 2007

I am an ex-pat Aussie, due to my husband's work. I don't believe in compulsory voting, but I vehemently support the right to vote. I am disgusted at the regulations designed to obstruct, and ultimately eliminate, that right. I am even more disgusted and outraged by the new legislation to close enrollments on the day of an election announcement. What needs to be changed is the laws for calling an election - it should be more fairly based and not the control of a few, with a fixed election date every three or four years. I wish somebody would put forth that bill.

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Jennie Douglas
April 6th, 2007

Thanks for your work in advocating for overseas citizen rights. I left Australia to go to university in the US when I was 18, and have lived overseas for over 20 years. I’d like to vote, but am not allowed to register. I’d love to see this changed. One of the core rights of citizenship is the right to vote. Just because I live overseas doesn’t mean I’m not tied to Australia, nor should it mean I lose my rights. I applaud your work in trying to get this right back for all of us citizens living overseas.



Cheers!



Jennie


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Jacqueline King
April 6th, 2007

It's not just Australian's living overseas who are being cleansed from the electoral rolls.



There are a number of changes to the electoral laws which take effect from April 16 this year. These include closing the rolls to enrol at 8.00 pm on the day the writs are called for the election. That means no new voters can enrol after 8.00 pm that day. Existing voters get 3 days to change their address. There are also new proof of identify requirements to enrol, which will affect those people who do not have a current driver's licence.



I am coordinating the ACTU's Your Rights at Work Campaign in the federal seat of Bowman in Queensland. Ensuring voter registration is a critical part of our campaign. Yet whenever I talk to people, it is amazing how many don't know these changes.



The other astounding fact is that the AEC estimate that around 5,500 or 6% of each federal electorate are not entitled to cast a vote at each election. There are 150 federal electorates meaning that there are around 825,000 who would be eligible to vote who are ruled out at each election.



This is because people are either not enrolled to vote e.g., many young people,or they are incorrectly enrolled to vote i.e., they have changed their address and not updated their enrolment details.



All it takes is for someone to move into your old address and a process begins which will see you removed from the roll.



The AEC also conduct a continual updating of rolls moving through each federal electorate steadily to "update" details. If you don't "update" you simply get wiped off the roll.



Don't rely on simply showing up on election day and think you will be entitled to vote.



All it takes for the Howard Government to lose this year is for them to have a uniform 3.4% swing against them.



If only half of those who are knocked off the roll in this "cleansing" process update their details and cast a vote against the Government, we are well on the way to seeing them booted out.



Check out if you are correctly enrolled to vote on-line on the AEC's website - www.aec.gov.au.

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Anne MacGregor
April 6th, 2007

Just a few basics for expat Aussies who aren't sure what to do.



First check your enrolment using the online enrolment verification facility on the AEC's website:



https://oevf.aec.gov.au/



If you are still on the roll, then change your status to that of an Eligible Overseas Elector (if you aren't one already) using the Application for registation as an overseas elector.



If you are no longer on the roll, then if you left Australia to live abroad more than three years ago, bad luck.



If you are no longer on the roll, and it's less than three years since you left to live overseas, use the AEC's Application for enrolment from outside Australia form.



All forms are at www.aec.gov.au



We have a more detailed 2-page info sheet with everything you need to know available at www.southern-cross-group.org.

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Edward Smith
April 6th, 2007

It's hard to view this legislation as anything other than designed to disenfrachise lots of people for short-term political gain. It's time some pressure was put on our politicians to make it easier for people to vote. Thanks SCG and Get-Up for taking the lead.



Despite being a long-term expat, I vote in every State and Federal election and have strong links back to Australia (family, business, investments, regular visits, etc.).



But wouldn't it also be nice to see a little forward thinking too ? When we Aussie Expats can run the rest of our lives quite happily over the internet (buying books, hotel rooms, flights, banking, etc. ) why can't we vote online ? Or perhaps little Johnnie is afraid to re-enfranchise the One Million Aussie expats ?



Disappointing that Australia lags behind in this area. Other countries are already voting online and even our military personnel overseas are being offered this option. So technically it's quite feasible ! All just a matter of will-power and giving the AEC a mandate to update.

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LUKE MCKEE
April 7th, 2007

I was in South Korea during the last federal election. Here is how the disenfranchisement process worked last federal election.



1) I checked my name was already on the role using the online voter confirmation page at the AEC website. I was there and I saved the page.



2) I phoned the AEC Office in Rockdale and sent in the obligatory form in to say that you intend to vote like everyone else (postal) but have the letter get handled through a diplomatic pouch. Wilma Verna's of the Rockdale electoral office confirmed it was ok to vote and my fax was received. Checked the website again all good.



3) About 2 weeks before the election I read an article on the SMH website about the betting odds on the election doing a back flip after lots people on the same day put $250,000 maxi-bets. On a hunch I checked the AEC voter enrollment confirmation website. WTF! MY NAME HAS SINCE BEEN REMOVED.



4) I contact the Rockdale office via email and telephone and fax the the form again for good luck. They say in writing "Your not required to vote - we wont fine you anyway". This was mirrored also by AEC head office. They refused to put me back on the roll. All correspondence of these encounters were kept and later handed onto a Federal Member (for Rockdale). The Special member for State has not replied to his concerns last I checked.



5) I spoke to the seat of Cunningham - a hard labour seat's AEC officials. They put me back on the role at 6pm the day the electoral role closed, for the seat of Barton over-ruling them and declaring what they did to be illegal.



6) I was not allowed to Campaign out the front of the Korean consulate to inform votes they they may have had their name removed from the role on election day. A call was made to the American embassy police detachment one block away no doubt. I wasn't even campaigning for any political party - just trying to make every vote count.



7) I made a visit to the AEC office in Rockdale to get their side of the story. I chose not to give my name. No specific reason could be given for the disenfranchisement.



8) Met my MP in Rockdale. Gave him another copy of all the email correspondence I sent from Korea that was not either paid attention to or delivered to his Parliament House email account. He referred this correspondence to the special member for state.



9) Recently went back to inform the Rockdale AEC office of the recent developments in the investigation of my claims (based mostly on their own correspondence). The head of the office guessed my name from the nature of the previous complaint earlier. Stated that he had put resources into trying to 'find' me specifically and had known I have since moved from where I am listed on the electoral role. He told me he's a crime not to have your current address updated on the role and went through the motions of calling the police on me - even with my spouse present.



The get-up people are free to contact me and I'll send them all the email correspondence.










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HAYDEN ANDERSON
April 8th, 2007

It seems to me that ex - pat Aussies probably have a sharper view when comparing our foreign policy, standards of living, environmental and other important election issues. How many times has an ex - pat heard "Oh, I can't believe you guys haven't signed up to Kyoto"!!!



I am a little shell - shocked that we that have been living abroad for over 3 years we are not entitled to vote. YET WE STILL CARRY THE AUSTRALIAN PASSPORT AND ARE SUBJECT TO THE ILL WILL THAT OUR "ELECTED" LEADERS HAVE GENERATED THROUGHOUT THE WORLD.

If we carry the Aussie Passport we should be allowed to vote, as simple as that.



Fuck it, i might move to Florida and vote there. Oh no, hang on, what if i have an unpaid parking ticket, am black, disabled.... Jesus, where can i vote???



SCOTLAND. I can bloody well vote for a referendum on Scottish Independence but not forthe next Australian Prime Minister.



WHAT THE FUCK HAS BEEN HAPPENING BACK THERE GUYS - I'M SURE I LEFT SOMEONE IN CHARGE WHEN I LEFT.





Hayden

Edinburgh

(Where i can vote)

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Robyn Neukomm
April 10th, 2007

I would like to be re-enrolled to vote. I left Australia to live in Switzerland 4 years ago. My accountant advised me to remove my name from the electrol role for tax reasons. I now know that that wasn't necessary. Also, I have married since moving here, so my name is different to the former entry on the electoral role. There doesn't seem to be any provison to re-enrole for people like me. Can I only do this when I go home for holidays? Or is it to late. I have to wait until I return to Oz to live? That's a pity, as I am interested in voting.

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Gareth Pocock
April 10th, 2007

make sure you vote this time Gareth, it might make the difference

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Mr. G H Schorel-Hlavka
April 11th, 2007

On 28 March 2007 I published another book which is titled;



INSPECTOR-RIKATI® & How to lawfully avoid voting

A book about Australia’s federal election issues & rights

ISBN 978-0-9751760-3-0 was ISBN 0-9751760-3-X (Book)

ISBN 978-0-9751760-4-7 was ISBN 0-9751760-4-8 (CD)





As it happens I refused to vote in the 2001 and 2004 federal elections was convicted for not voting on 17 November 2005 but then on appeal succeeded on constitutional grounds that Section 245 of the CEa is unconstitutionally. Likewise, Section 41 guarantees the right to vote and the Commonwealth has no constitutional powers to deny this regardless if you are overseas!



See also my website http://www.schorel-hlavka.com and my blog; http://au.blog.360.yahoo.com/blog-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH

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Rose Schrempp
April 13th, 2007

I am an ex-pat Aussi living in Germany for close to

40 years visiting my "home country" as often

as I can. I have been following the work of the

Southern Cross Group for many years and I

applaud strongly their endless efforts to help all

ex-pats living abroad regardless what issues

are in question. It gives me the feeling that "someone cares" I am still Australian. I would love

to see changes done to support our voting

rights -- you have "my vote in this endeavour"

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lucia
April 13th, 2007

I think it's another stupid legislation. Shortening the time and losing voters won't give a very democratic result. Is Australia still a democracy..or did I miss something? I'm also an Aussie expat, temporarily overseas due to my husbands work. I wasn't able to vote last election, as I found out too late, that I was no longer on the roll. Since receiving the notice from Getup I checked to see if I was still enrolled... and hurray.. I still am!! But if the shortened period stays in place, I might miss it because I was sleeping. I'm really glad that I now receive automated information from the Getup site... and please keep us posted on the date and time of the next elections. Thanks.

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Mike Doyle
April 13th, 2007

I am still required to pay ' non-resident' tax on income from Aust. Could that be considered 'taxation without representation'

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Ashley Colin Jackson
April 14th, 2007

I have lived in Canada for 30 years and during that time I have supported Australia in numerous ways - I have letters from Consul Generals and Trade Commissioners thaning me for mey efforts - now I feel dissenfranchised by being unable to vote - lets change this situation. Dr. A. Colin Jackson

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Adrienne JOLY-POTTUZ
April 14th, 2007

I've been living in France since 1977 and was deenfranchised by a member of the Australian Embassy in the 1980's when I went to vote there and was unable to reply ýes' to being in Australlia 3 months prior to the date scheduled for the elections in question. Over the last year I have spent nearly 3and a half months taking care of my mother and once again getting invovled in Australian politics, so yes I would like to vote in the elections and I would like to know if I am still considered as an "eligible" and perhaps even valuable Australian expat.

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peter carrucan
April 16th, 2007

Peter Carrucan

pcarruc@bigpond.com

I'm not overseas, but it is important that every Australian can exercise the right to cast a vote. Only a government more concerned about its own power rather than the good of Australia could pass such legislation, Thanks for telling me about it Peter Carrucan

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Pamela Gwenllian Jenkins
April 17th, 2007

It seems I have been wiped off for years now.

However when at home I work and pay a heavy tax to work.

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Saskia
April 17th, 2007

When I left over 10 years ago - I left knowing that I would eventually loose the right to vote even if I still had money and property in Australia.



I left for marriage purposes and I've lived in Hong Kong and in the US. I have decided that the US is where I will reside and I couldn't take being taxed without representation. So I am on the path to citizenship here in the US. Fortunately thanks to Southern Cross this is possible for me without loosing my Australian Citizenship.



Do I care about voting in Australia any more - no because other than friends & Family I have no financial bond to Australia. I still visit - I do not plan to retire there. A part of me is disgusted with how Aussies who remain in Australia treat expats. They question why I don't live in Australia any more, as if I gave up something so RICH or so EXPENSIVE.



Unfortunatley I left a country that accommodates Tall Poppy syndrome as a right, that taxes the middle class and refuses to tax the Murdoch's of the world, a country that without asking punishes its citizens when they've done something wrong by either 'banning' or 'taxing' and two political parties who continually work against each other "Just because they think they should". The only phrase that sums it up is



"Shame Shame Shame"



Anne - this policy of taking you off the electrol rolls after 3 years was well documented when I left - I left with my eyes opened and all I've learned is that there is so much more to the world than how the general Australian population thinks.



The real fight in Australia should be taking on how the parties themselves are run - it's a giant "Boys Club" run by the Toorak Right and Balmain Left - change this and you'll change Australia (I hope)

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George Fricker
April 23rd, 2007

I find that the things I believe in

-Universal Compassion

-World Peace

-Population Control

-Zero Growth

-Restoration of Ecology

-Preservation Of Eco Systems

-Education & Health

-Opportunity for self development

are quite frankly not promoted by any Australian political party. There is no reason for me to vote for the major or minor parties as they are all eventually promoting the termination of society as we know it. Unfortunately The Tradgedy Of The Commons is inculcated into all existing political parties. Power corrupts there are few if any who can resist. And then the best like the Dalai Lama are deposed or assassinated. The consciousness of the human race will only change when it is almost too late. When resources run out, when war only achieves suffering, when compassion goes beyond the barriers of the various religions, when it costs too much to hate. When honour and self righteouness are sacrificed in the wake of love and compassion and wisdom.

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Jodie Fraser
May 7th, 2007

I'm living in Japan for around 18 months and sent in the applicaion for EOA just before I left. Should my status as an overseas elector be showing up on the electoral role? It still just shows the address where I previously lived and don't intend to return to.



I want to have my voice in this year's election, and I don't want it taken away by some loophole.



Thanks for the great site. It's already been far more helpful than the AEC!

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dertyhiyu
May 8th, 2007

very smart =)

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raghwan
May 8th, 2007

Both me and my wife have been taken off the roll. Yes, we have been away for over three years but there should be some provision for us to participate in the process of who gets elected to run the country.

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q
May 9th, 2007

Thanks to Southern Cross Group and Getup for alerting me to these issues. I was wiped off the roll without my knowledge - had I known, I would have re-enrolled when I was in Oz for 4 months last year. I have been living O/S for two years and I have been in touch with the AEC several times in the last month to try to get back on the roll. They just keep telling me that they are sending the form to the right office and they don't know why it hasn't been processed. Should an election be called tomorrow, I miss out.



The current govt is part of the reason I no longer live in Australia. Yes I want my chance to kick them out. And, after all these years, if they stay in power, I'll know that this is not my country anymore and these are not my people... so I won't necessarily feel the need to vote again

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Suzanne Morony
May 31st, 2007

It took six weeks and a complaint to the Commonwealth Ombudsman to get my name reinstated on the electoral roll as an overseas voter. Now I just have to hope I manage to stay on the roll until the next election.



My advice to people hoping to vote this year: Act early, and be persistent!

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Ionakana
August 27th, 2007

I have a somewhat different experience of disenfranchisement which I would like to relate.

I was working overseas in 2004, and my distaste of the Howard Government motivated me to go to the effort of casting a postal vote at that year's federal election, even though I was not legally required to.

I duly completed the ballot papers and accompanying form, and posted them back to the AEC's head office before polling day, as per the instructions.

Imagine my surprise when I returned to Australia some months later to find a letter awaiting stating that my vote had not been counted, the reason being that the postmark showed that it had been posted after the polling date.

I wrote to my local AEC office, pointing out that this was impossible because I posted my papers several days before the election.

Some weeks later, I received a response, stating that an investigation revealed that I had indeed posted my papers in time. The explanation was, instead of checking the date on which I had originally posted my papers, as indicated by the overseas postmark, they had in fact checked a second postmark, which gave the date the AEC had posted my papers from their head office to my local office!

An apology was given, but obviously this was cold comfort given that there was absolutely no way of remedying the situation. I had been disenfranchised. I did not get my democratic opportunity to express my objection to the government in power.

I would be interested in hearing whether other travellers have had this same experience. I am somewhat incredulous that the AEC has difficulty in handling postal votes.

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Chris Donnolley
October 16th, 2007

I've lived abroad for 20 years (Hong Kong) but I'm still a proud Australian. I wasn't aware of the three-years-away-and-you're-out rule until it was too late. But I would dearly love to vote in this coming election, especially as the Howard government is one of the main reasons I haven't returned to Oz.

Cheers.

Chris Donnolley

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Jessica Vietnam
October 17th, 2007

when do we have to complete an overseas registration by for the election?

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helga
October 28th, 2007

I did not know these rules and shall tell my overseas friends about it.I am glad there is a site that can tell us these things

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Ms Dash
November 21st, 2007

I have only been living overseas for four months but have continually checked my enrolment status online for fear of being thrown off the electoral role like so many others. I am still in awe of this Howard legislation preventing so many from registering and voting.

Voting when overseas can make a real difference. I want return to Australia when it has a government I can be proud of. I am hoping this election will make that happen.

A tip for others who are overseas and voting in this upcoming election; you can download pdfs of most politicians' How to Votes to take along to your embassy as there won't be the usual throng of volunteers handing these out like at home. Just google your division.

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Julia
November 25th, 2007

As soon the election was called I accessed the AEC to see how to make sure my vote would be valid. I knew I was enrolled as an overseas voter, so I followed instructions and mailed a postal ballot application to the Embassy in Washington as per the instructions on the website there. I waited to hear something until the 20th and with nothing arriving in the mail called the Embassy to inquire about the papers as time is running out here due to the 2 day holiday in the USA on the 22/23 for Thanksgiving. I was transferred and got voice mail, so I left my message but had no return call by the afternoon so I called again. I was offered a transfer again and explained I had only got voice mail and I was really concerned that I was running out of time if my application had not been received, I was promised a callback by 4pm. When no call back came, I went ahead and faxed another copy of a postal application and statement why I can't get a citizen to witness my signature and a copy of my passport page.

Now if my ballot paper doesn't arrive in time you will understand why I feel disenfranchised and that citizens abroad may be unable to exercise their right to vote. If the Australian Embassy is unable to look after Australian citizens, then why is the Embassy advertising offering this service. If I was able to vote in person I would, and I went to a considerable amount of trouble to ensure I could even while I was overseas, and encouraged others to as well, now I am afraid many overseas voters not only will miss out on this election but also be removed from the rolls because they didn't vote. If they have been outside Australia for more than 3 years they will then be ineligible to reapply to enrol until they return from overseas.

24th Novemberit is now 4 pm Saturday, 24th and the mail has arrived with NO ballot paper. Obviously I cant get it returned with todays stamp, and besides the results were available here 12 hours ago online and via web streaming radio.I contacted another Aussie couple who also live here in Florida (a 12 hour drive from Atlanta, our closest personal polling place) and she advised me the same thing happened to her the last election, the papers arrived the week following the election. I ask you, what is the point. Is it impossible for the embassy to advise us that our vote is unimportant, that we don't count.I even went out on the 20th and faxed my application a second time to beat the deadline, and the staff I spoke to did not tell me that it was pointless, but let me believe that I would be able to make my vote count.You may be able to tell from the tone of this letter that I am disgusted with the Embassy (the people I am supposed to be able to rely on while away from home) I am disappointed and angry that I was led to believe I could contribute and take my part in the democratic process. Now what, will I lose my place on the electoral roll because I didn't vote?I know it is a moot question now but I feel really left out and disenfranchised and want it to be made better for overseas electors next time.

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