Electoral Corruption and Malpractice

Abstract

Australian electoral legislation provides both a regulatory and punitive scheme designed to overcome electoral corruption and malpractice. Much of this legislation has been based on British models. The article commences by detailing the existing British legislation and its merits. Extended consideration is then given to the sections of Australian electoral legislation dealing with the conduct of candidates for election and their supporters. The former British legislation which has been imitated in various Australian jurisdictions is identified and the effectiveness of the present Australian electoral legislation is compared with that presently in force in the United Kingdom. As well, the principal electoral offences and controls on electoral expenditure in each of the States and the Commonwealth are considered at length. The analysis in this regard is complemented by a schedule to the article comparing the existence of, and penalties for, 48 electoral offences under various electoral statutes in Australia and the United Kingdom. Dr Finn concludes the article by arguing for reform in a number of specified areas of Australian electoral legislation.