An application to stop the Australian Electoral Commission from prosecuting people urging voters to vote informal is to go before the High Court on Monday.
The application is being made by Albert Langer, of Melbourne. Mr Langer has distributed a leaflet urging people to vote informal by writing “”a plague on all their houses” on the ballot paper.
The commission has drawn Mr Langer’s attention to Section 329A of the Electoral Act, which was passed late last year. It prohibits people from distributing matter encouraging people to vote informally and provides a penalty of six month’s jail.
A statement of claim filed in the court says the section is unconstitutional because it infringes the implied constitutional freedom of communication in relation to public affairs and political discussion pronounced by the High Court last year in the ACT Broadcasters case.
That case held that Commonwealth legislation banning the broadcast of political advertisements was invalid because the Constitution provided a system of representative government which presumed a freedom of communication.
Mr Langer’s statement of claims asserts than the commission has published misleading and intimidating material about the section which might affect the freedom of the election process.
The Attorneys-General of the Commonwealth and all states and territories have been notified in case they wish to intervene.