Early next week the ACT Electoral Commission will make a very large contribution to the amount of paper that goes into our big bin with the yellow lid. As required by law, it is dropping in every letter box a 28-page, A4 size, explanation of the referendum we are all to vote in on February 18. It contains also a Yes case agreed upon by the Labor, Liberal and two Independents and a No case written by Abolish Self-Government MLA Dennis Stevenson. As voters flick through it on the way from letter box to bin, they will be left with a clear typographical impression they should vote No. Whereas the Yes is very poorly presented.
More of that anon. The referendum is to entrench the electoral system that about 65 per cent of the people approved in the advisory referendum in 1992, plus a few incidentals. It is by no means a foregone conclusion that the people will vote in that proportion again. It is unlikely, but it would not surprise me if the referendum were not passed. This is due to several factors: A quirk in the Federal self-government legislation which in practice requires that about 60 per cent of formal voters have to say Yes before the referendum is carried. A different make-up of the electorate. Ignorance and apathy, (not to be confused with stupidity, which most voters are not). And the nature of the Yes and No case going out to voters next week. Let’s take these one by one. Most legislation or constitutions providing for referendums have words like “”a majority of all electors voting” as the test for whether the referendum passes. The test therefore is 50 per cent plus one of the people who turn up and vote formally. In the ACT, however, it is different. The people who drafted the Self-Government Act messed it up. The provision uses the words: “”If a majority of electors approve”.
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