Gerrymandering: Australia's Legal Or Illegal Electoral Practice?

is gerrymandering illegal in australia

Australia has a history of high voter turnout and maximum enfranchisement. However, the country has not been entirely free from gerrymandering, which refers to the engineering of district boundaries to favour a particular party in power. While Australian federal elections are considered fair and transparent, with an independent, nonpartisan committee that includes the Australian Electoral Commission (AEC) making decisions and drawing maps, there have been instances of gerrymandering in certain states. For example, the Queensland government, led by Joh Bjelke-Petersen, engaged in gerrymandering that kept Labor out of power for 32 years. In recent years, the NSW Liberal Government has also been criticised for granting businesses in the City of Sydney two votes in local government elections, compared to just one vote per resident. While gerrymandering is not explicitly mentioned as illegal in Australia, the country's commitment to democratic values and the AEC's nonpartisan nature help maintain the integrity of the electoral process.

Characteristics Values
Gerrymandering in Australia Gerrymandering is not common in Australia
Reasons for lack of gerrymandering Redistribution is uniform and transparent, and is done by an independent, nonpartisan committee that includes the Australian Electoral Commission
Comparison with the US The US has a history of gerrymandering, with electoral boundaries drawn to favour the party in power
Impact on voter turnout Australia has a history of high voter turnout, partly due to compulsory voting
Impact on democracy Gerrymandering is considered undemocratic and an attack on Australia's democratic legacy
Legislative fairness There have been few efforts to legislate for fairness in Australia, unlike in South Australia

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Gerrymandering in Australia is rare

In the United States, gerrymandering is a common practice, with the majority parties in state legislatures drawing boundaries that favour their own party. However, in Australia, the process of redistricting is called "redistribution" and is carried out as needed based on population changes. An independent, nonpartisan committee, including the Australian Electoral Commission (AEC), makes the decisions and draws the maps. This uniform and transparent process leads to faith in the system and the legitimacy of election outcomes.

The AEC is trusted by Australians and is known for its organised, no-nonsense practices that build legitimacy around elections. The AEC is nonpartisan, in contrast to the United States, where many election officials are from the Democratic or Republican parties. This nonpartisanship of the AEC is a key factor in preventing gerrymandering in Australia.

While there have been some instances of gerrymandering in Australia, they are considered unusual and scandalous. For example, the Queensland I remember as a kid, and on Joh Bjelke-Petersen's electoral gerrymander, which kept Labor out of power for 32 years in that state. Additionally, the only outright examples of malaportionment in Australia are the WA Legislative Council and the Commonwealth Senate, even though both chambers are elected by proportional representation.

Overall, gerrymandering is rare in Australia due to a combination of factors, including a strong commitment to democracy, a compulsory voting system, and an independent and nonpartisan electoral commission. These factors contribute to a fair and transparent electoral process that is regularly reviewed and improved.

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Australian voter suppression

Gerrymandering is considered an anti-democratic tactic associated with authoritarianism. While it is not explicitly mentioned as illegal in Australia, various sources assert that gerrymandering has no place in the country. Australia has a history of high voter turnout and maximum enfranchisement, but certain laws and practices have been criticised as attempts at voter suppression, particularly targeting younger voters and vulnerable groups.

One notable example of alleged voter suppression in Australia was the Howard government's decision in 2006 to close the electoral roll earlier once an election was called. Previously, voters had a seven-day grace period to arrange or update their enrolment. This change was seen as targeting younger voters, who tend to support the Australian Labor Party or the Greens over Howard's Liberal Party. The government denied any intention to suppress voters, citing administrative efficiency and fraud prevention as reasons for the reform. However, there was no evidence of significant electoral fraud, and the Australian Electoral Commission had effectively managed late enrolments for decades.

In addition to this, the New South Wales (NSW) Liberal Government has been criticised for granting businesses in Sydney two votes in local government elections, compared to one vote per resident. This move was seen as an attack on democracy and a departure from the bipartisan consensus in the state.

Another recent controversy surrounds the proposal to introduce voter ID laws in Australia, which has sparked heated debates about disenfranchisement, voter suppression, discrimination, and racism. Critics argue that these laws would disproportionately impact vulnerable groups, including Indigenous Australians, the elderly, people without homes, young people, and recent migrants. They contend that requiring IDs creates unnecessary barriers to voting and slows down the voting process, potentially discouraging participation.

While some argue that voter ID laws are a solution to voter fraud, others point out that systematic voter fraud is rare in Australia and that these laws may be influenced by similar culture war themes in the United States, where voter suppression tactics have been employed. Overall, these instances highlight concerns about voter suppression in Australia and the potential impact on the democratic process.

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Gerrymandering in the US

Gerrymandering is a long-standing issue in the United States, where it is often used to favour one political party over another. The term "gerrymander" was first used in 1812 in reaction to a redrawing of Massachusetts state senate election districts by then-governor Elbridge Gerry, who sought to benefit his Democratic-Republican Party. The practice involves manipulating district shapes for partisan gain and has been aided by advances in computing power and capabilities. Using geographic information systems and census data, mapmakers can employ computers to process various map configurations to achieve desired outcomes, such as "packing" or "cracking" votes. Packing refers to concentrating opposition voters into one district by redrawing boundaries, reducing their congressional representation. Cracking, on the other hand, involves diluting the voting power of opposition voters by spreading them across multiple districts.

While federal courts have deemed extreme cases of gerrymandering as unconstitutional, they have struggled to define clear standards for determining which redistricting maps violate constitutional rights. The Supreme Court's ruling in Miller v. Johnson (1995) established that racial gerrymandering, which aims to maximise or minimise the impact of certain racial groups, is a violation of constitutional rights. However, in practice, it can be challenging to prove that redistricting maps are based on race rather than party affiliation, as seen in the case of Black voters challenging a district map in South Carolina.

The redistricting cycle after the 2020 census highlighted the impact of gerrymandering on the political landscape. Republicans controlled the redistricting process in many states and used this power to create maps that favoured their party. For example, in North Carolina, after the court initially ruled against partisan gerrymandering, the Republican-controlled legislature redrew the map, resulting in three Democratic districts flipping to Republican in the 2024 election, ultimately giving them control of the U.S. House.

To address the issue of gerrymandering, organisations like the Gerrymandering Project have developed tools such as the Redistricting Report Card to help the public identify gerrymandered maps. These tools use advanced algorithms to analyse the partisan fairness and minority composition of proposed districting plans, providing a baseline of what fair maps should look like given the state's political landscape and rules. Despite these efforts, gerrymandering remains a challenge in the US, with politicians utilising sophisticated software to make it harder to detect.

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Redistribution in Australia

The number of members in the House of Representatives varies over time, and each change triggers a redistribution, except in Tasmania, which always has the minimum of five members. For instance, in 1949, the number of members increased from 74 to 121, and in 1984, it increased further to 148. After the 2017 apportionment, the total number of members increased to 151, but this was reversed following the 2023 apportionment.

Redistribution ensures that each state's representation in the House of Representatives reflects its population. For instance, in the 2020 apportionment, Victoria gained a seat, increasing to 39 seats, while Western Australia lost a seat, reducing to 15. Redistribution also takes into account the creation and abolition of seats. For example, the October 2024 ascertainment introduced the new seat of Bullwinkel while abolishing the seats of Higgins and North Sydney.

While Australia has a history of high voter turnout and maximum enfranchisement, there have been concerns about gerrymandering in certain states, such as New South Wales, where the government passed laws granting businesses in Sydney two votes in local government elections, unlike residents with one vote. However, overall, Australia's major political parties have largely refrained from the blatant gerrymandering practices seen in some other democracies.

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Australian federal election transparency

Gerrymandering is not explicitly mentioned in Australian law, but the country has a robust system in place to ensure fair and transparent federal elections.

In Australia, the process of redistricting is called "redistribution," and it occurs as needed based on population changes. Redistributions are handled by an independent, nonpartisan committee that includes the Australian Electoral Commission (AEC), which administers federal elections. The AEC is trusted by Australians and ensures the legitimacy of election outcomes. The committee takes recommendations from politicians, political parties, and the public, but it ultimately makes the decisions and draws the maps independently, without backroom deals. This transparency leads to faith in the system and ensures that gerrymandering, as it occurs in the United States, does not happen in Australia.

While there have been some concerns about gerrymandering in certain states, such as Queensland and Western Australia, these instances are considered unusual and scandalous. Overall, Australia has a proud history of high voter turnout and maximum enfranchisement, with compulsory voting and a system of ranking candidates from multiple parties.

The Australian Parliament regularly reviews electoral processes and conducts specific elections through the Joint Standing Committee on Electoral Matters, ensuring that legislative changes are made as needed to maintain fair and transparent federal elections.

Australia's electoral system stands in contrast to the American experience, where the drawing of electoral boundaries for political advantage is legitimized by the Constitution. The United States also faces issues of voter suppression and partisan gerrymandering, which are effectively non-existent in Australia due to the AEC's nonpartisan nature and commitment to ensuring every vote counts.

Frequently asked questions

Gerrymandering is effectively non-existent in Australia. Redistricting in Australia is known as "redistribution" and is carried out by an independent, nonpartisan committee that includes the Australian Electoral Commission.

Gerrymandering refers to the engineering of district boundaries to favour a particular political party.

When a new set of electoral boundaries are drawn up, the governing party with more resources can redraw the boundaries to achieve political advantage.

Yes, gerrymandering is common in the United States, where state legislatures have the power to draw the boundaries of their electoral districts.

There have been a few instances of gerrymandering in Australia, such as in Queensland and New South Wales. However, these cases are considered unusual and scandalous.

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