By Peter Boyle
SYDNEY — The Carr Labor government of NSW has passed legislation making it almost impossible for political smaller parties without a lot of money to run in state elections.
All parties will have to pay $2000 to register and submit signed membership forms from 750 members in the state (who cannot be members of any other registered party). Parties will have to prove they fulfil these requirements every year to keep their electoral registration and have to be registered for 12 months before contesting an election.
Before these amendments to the electoral laws, parties in NSW only had to prove that they had 200 members, and there was no registration fee. No other state demands a fee for registering a political party, and neither does the federal government.
The Carr government intended to set the barriers to participation even higher — 1000 minimum membership and $3500 registration fee — but an amendment proposed by the NSW Greens cutting this down to 750 members and $2000 was accepted by Labor. An earlier amendment by Chris Breen, MLC of the Reform the Legal System Party, to set the barriers at 500 members and $500 registration fee, failed.
The new legislation also gets rid of the power of registered parties to direct preferences to other parties for above-the-line voting in the ballot for the Legislative Council (upper house). However, above-the-line voting (which attracts many people because of its simplicity) will be available only to parties which field a ticket of at least 15 upper house candidates. Under the old laws, above-the-line voting was available to all registered parties and groups with more than two candidates.
The new law also caps the $500 per candidate deposit at $5000 for tickets with up 22 candidates. So it places another financial barrier to smaller parties, while giving a 55% discount to the largest parties!
While the NSW Greens MLCs, Ian Cohen and Lee Rhiannon, still supported the changes to the upper house ballot system, Greens spokesperson Geoff Ash said in a November 11 press release that the registration fee and the $5000 in deposits required to access above-the-line voting "will be serious barriers to small parties who are genuinely contesting elections".
"The Greens maintain that financial disincentives don't make the electoral process more democratic", Ash said. "They just skew the system in favour of people with the financial means to run.
"As a result, voters may not have the opportunity to choose from a diversity of political viewpoints and policies at the next election."
Ash added that the Greens had met with a number of small parties that have "expressed concern and anger over the changes".
Chris Breen says that the legislation could be challenged in the High Court on constitutional grounds because it breaches the International Covenant on Civil and Political Rights (ratified by Australia in 1980) which says that every citizen should have the right and opportunity to be elected at periodic elections with "universal and equal suffrage". It may also breach the right to freedom of association under the covenant and an implied right to political communication under the commonwealth constitution, recognised by the High Court since 1992.
While one anti-democratic law has been passed by the NSW parliament, another is on the way. The Carr government is about to pass laws that will empower local councils to fine people who put up street posters, organise the distribution of such posters or pay for their printing, $300 per poster. The minister driving this attack on democratic rights is the "left-wing" minister for planning, Andrew Refshauge.
[For more details about the campaign against the new poster laws, contact Rose Pearse, Music NSW (02 9247 7540) or Kate Walsh, in the NSW Greens parliamentary office (02 9230 3551).]