$134,316 in fines for not voting in Council election

IT’S an expensive process, democracy.

Especially if you don’t vote!

The Victorian Electoral Commission has sent out 1920 ‘please explain’ letters to South Gippsland residents and ratepayers who apparently failed to vote in the divisive 2021 local government election.

We know it was “divisive”, not just because it was the first time democracy was being restored in South Gippsland after the last council was sacked in 2019, and not just because several of those sacked councillors were looking to return to the scene of the crime but also because the VEC has revealed that there were an unprecedented 49 complaints received about the election, 12 of which were referred to the Local Government Inspectorate.

But the VEC has also revealed that 1476 infringement notices have been issued, at $91 a pop, or a total of $134,316 in fines.

That’s the bad news. The good news is it might be enough to pay for the election!

According to a recent VEC Annual Report, the local council gets the windfall: “Receipts from local government election fines and forfeited candidate deposits are collected by the VEC on behalf of councils, and remitted to the appropriate council.”

Here’s what the VEC has had to say about voting fines:

“The VEC issued 1920 apparent failure to vote notices to voters who appeared not to have voted in the 2021 South Gippsland Shire Council election. A subsequent 1476 infringement notices were issued when there was no response received to the apparent failure to vote notice or when an invalid reason was provided. The fine for not voting is $91.00.

“However, residents in the South Gippsland Shire Council who have not received or responded to the previous notices that were sent to them still have various options available. You can read more at: vec.vic.gov.au/voting/fines-and-review

Election complaints

The VEC has also responded to questions about the number of complaints received during the election.

“For privacy reasons, the VEC cannot discuss the nature of any complaints received, but we can confirm that we received 49 complaints in relation to the South Gippsland Shire Council election held in October 2021, 12 of which were referred to the Local Government Inspectorate for review.”

One of the complaints involved a request by one of the candidates for the VEC, and subsequently the Local Government Inspectorate, to investigate allegedly defamatory information in another candidates’ flyer and how to vote card, including the word ‘Sacked’ being printed next to some candidates’ names.

The Inspectorate issued the following ruling during the election campaign last year:

“It is important to note that the expression of opinion is an ordinary part of robust political debate. Throughout the election period, candidates and voters are able to put matters to the electorate and refute material through public forums and the media.

“Ultimately, it remains up to the electorate whether or not to accept such views and comments. The publication of the matter the subject of your complaint is not considered misleading or deceptive within the meaning of section 288(1) of the Local Government Act 2020, as it is not likely to mislead or deceive a voter in relation to the casting of the vote of the voter.

“The Courts have interpreted the phrase “in relation to the casting of the vote” narrowly. Courts are particularly concerned with material that is likely to mislead or deceive voters in relation to how they mark their ballot paper, rather than any misinformation which arises through political debate during election periods.”

The Inspectorate did say however that “allegations regarding defamation fall outside the jurisdiction of the Inspectorate”.

Other issues about which candidates complained included:

• Harassment by candidates
• Unauthorised material
• Admissions by candidates about preference deals
• Removal or damage to candidate signs
• Changes by VEC to candidate statements