Allowing All People in Prison to Vote in Federal Elections

FORE Australia Reporter: Oliver Ellis

Publish Date: 07/9/2024

Problem Identification: 

Incarcerated people serving a sentence of 3 years or more are not entitled to vote in Australian federal elections or referendums.

In the 2019 federal election, over 10,000 people in prison were excluded from voting due to this provision.

This means that a significant portion of people in prison are denied the fundamental right to universal and equal suffrage as enshrined in the International Covenant on Civil and Political Rights (ICCPR). This may limit their ability to contribute to decisions that may affect them upon release, particularly for those communities that are more likely to be affected by higher rates of incarceration.

Context: 

Solution Identification: 

Advice: 

Download the 1-page policy brief PDF here:

Allowing all people in prison to vote in federal elections

.pdf

Download PDF • 78KB

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Endorsed by:

Run For It

Public Support: 

1. Run For It: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/Civicseducation/Submissions

2. Jesuit Social Services: https://jss.org.au/news-and-media/our-thinking/the-restricted-right-of-people-in-prison-to-vote/

3. Justice Action: https://justiceaction.org.au/prisoners-right-to-vote/

Where to go to learn more: 

1. Jesuit Social Services, The (restricted) right of people in prison to vote:

https://jss.org.au/news-and-media/our-thinking/the-restricted-right-of-people-in-prison-to-vote/

1. Voting Rights in Prison: Issues Paper: https://law.uq.edu.au/files/60196/REP_PBC_MsP_Voting_Rights_Australian_Prisons_FIN_20200715.pdf

Lived Experience: 

In 2023, David was serving a 4-year sentence at Beechworth Correctional Centre in Victoria. He was confused because, even though he could vote in Victorian state elections, he was not allowed to vote in any federal election or referendum. He expressed that the rules seemed inconsistent and unfair. He felt that he was already being punished by being in prison, and that any further restrictions on his rights were unnecessary. He’s upset when he reflects on the fact that, as an Aboriginal man, he was not able to vote in the 2023 Australian Indigenous Voice referendum. David was concerned that he and his fellow prisoners were not able to express their opinions and needs through voting.

Reference list 

1. Australian Government. (2023). Commonwealth Electoral Act 1918.

https://www.legislation.gov.au/C1918A00027/latest/text

1. Australian Institute of Health and Welfare. (2023). Adults in Prison. Australian Institute of Health and Welfare website.https://www.aihw.gov.au/reports/australias-welfare/adults-in-prison

2. Churchill, M. (2020). Voting Rights in Prison: Issues Paper. University of Queensland. https://law.uq.edu.au/files/60196/REP_PBC_MsP_Voting_Rights_Australian_Prisons_FIN_20200715.pdf

3. Davidson, J. (2004). Inside outcasts: prisoners and the right to vote in

Australia. Information and Research Services Parliamentary Library, Current Issues Brief No.12 2003-04.https://parlinfo.aph.gov.au/parlInfo/download/library/prspub/06MC6/upload_binary/06mc63.pdf;fileType=application%2Fpdf#search=%22library/prspub/06MC6%22

1. Hopkins, D. (2019). The (restricted) right of people in prison to vote. Jesuit Social Services. https://jss.org.au/news-and-media/our-thinking/the-restricted-right-of-people-in-prison-to-vote/

2. Human Rights Law Centre. (2022). Submission to the Inquiry into the 2022 federal election, sub 418.https://www.hrlc.org.au/submissions/2022/11/22/federal-government-must-pursue-ambitious-reforms-to-secure-a-healthier-democracy-2022-election-review

3. Orr, G. (1998). Ballotless and behind Bars: The Denial of the Franchise to Prisoners. Federal Law Review, 26(1), 55-82.https://doi.org/10.22145/flr.26.1.3

4. Prisoner’s Right to Vote. (n.d). Justice Action.https://justiceaction.org.au/prisoners-right-to-vote/

5. The right of prisoners to vote: a global overview. (2016). Penal Reform International.https://www.penalreform.org/resource/right-prisoners-vote-global-overview/

6. Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. (2020).  People with disability overrepresented at all stages of the criminal justice system. Disability Royal Commission website.https://disability.royalcommission.gov.au/news-and-media/media-releases/people-disability-over-represented-all-stages-criminal-justice-system

7. Run For It. (2024). Submission to the Inquiry into civics education, engagement, and participation in Australia. https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/Civicseducation/Submissions

Conflict of interest / acknowledgment statement:

N/a