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May 10, 2014 Kim 0 Comments


I will submit a petition to the honorable High Court that Western Australia’s Senate election of 5 April 2014 was fraudulent. The Australian Electoral Commission did not support independent candidates in this election when under section 24 of the Commonwealth constitution expressively states that candidates have a constitutional right to get elected by the free will of Australian community.   

There was no security of the ballot boxes.The Australian Electoral Commission of West Australia did not seek for police officers to be placed at each  polling station.

Constitutional Matter

This petition will be based on the fact that Australian people should never be dictated how to cast their vote in an election. The voting system must be simpler to those who want to vote and that means one person equals one vote. 

Australian Electoral Commission is not independent while the election is determined by politicians and their political bias.The Commission has failed in its obligation to the Australian people as it is a system that only protects the rich and the powerful and I consider this kind of practice unconstitutional. The current system of bias within Australian Electoral Commission towards independent candidates is scandalous. The Australian Electoral Commission did not adopt all  of Mr. Mick Kelty’s recommendations.

Mechanism were not set up immediately to make sure that better Security of ballot papers to ensure that no mistake is detected. All counts to be announced on that very day, instead of waiting until four weeks,and electronic or digital voting must be put in place.

The procedures developed by the Australian Electoral Commission are discriminatory and is against independent candidates. For example:-

  1. 1.      The voters are forced to mark all 77 boxes for their votes to count and for the political parties that only have to mark above the line that was time consuming.
  2. 2.      The independent candidate is required to gather more than one hundred and twenty signatures and pay a lot of money to nominate him or her whereas a political party candidates does not have to go through this.
  3. 3.      Undue influences by political parties in obstructing voters’ freedom to vote.
  4. 4.      National offices of major political parties exert pressure on its State branches.
  5. 5.       Major parties have the power to determine preferences and group voting without the consent of their members as “voters”.
  6. 6.       The concept of group voting is a fraud.  This is in direct contravention of the Australian constitution. Elections are about voting a person to the parliament not a group. A single independent candidate is not grouped in this grouped voting system so is disadvantaged in this fraud.
  7. 7.      How to Vote Card concept is a deception and a fraud. This is because it informs the voters to ignore below the line and select the above the line only and does not mention the free choice of the voter. This is tolerated by the AEC as they financially benefit from it after getting 4% of the votes.  Therefore this is a form of corruption sustained by AEC; and some people were allowed to vote twice contrary to our constitution.
  8. 8.       The position of “Prime Minister” is not described in the Australian constitution nor is the “political party” neither is the word “Cabinet”. The Prime Minister used his position to lobby on behalf of his political party during the senate election campaign. Australian Electoral Commission tolerates this behavior and allows it.
  9. 9.       The Queen of Great Britain is also the head of state of Australia. Section 61 of the constitution gives executive power to the elected government but the Governor-General as Queen’s representative can dismiss the elected government by usurping executive power of the elected government.

10. Elected members of Parliament give allegiance to a foreign power and a foreigner as the Queen. The Queen is a citizen of Great Britain and not a citizen of Australian nation-state.  Elected Australian politicians should not surrender their citizenship to the British crown.  I respectfully submit that elected members of parliament have breached section 44 (i) of our constitution with great subservience and ignorance. 

Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It states in particular:

44. Any person who –

(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power:

Case example

At the 1998 federal electionHeather Hill, a woman with dual British-Australian citizenship, was elected to the Australian Senate as a senator for Queensland. Henry Sue, a voter from Queensland, appealed to the High Court of Australia, sitting in its capacity as the Court. Chief Justice Murray Gleeson ruled that the United Kingdom qualified as a “foreign power” under section 44(i), and as a British citizen Hill was therefore unable to take up her Senate seat.[4] As a result, Len Harris, the second Nation party candidate on the ballot, was elected and took Hill’s place in the Senate.

Australia is an independent nation state and distinct member of the international community. Great Britain no longer a colonial power and has no influence on our political process and law making.  I feel the reception of Australia Act 1986 (Cth) has in all intent and purpose has removed our alliance to the British crown.

Under section 24 of the Australian Constitution the Parliament’s House of Representatives, determines the composition of the parliament. It states:

24 Constitution of House of Representatives

                   The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators.

This means elected members of the House of Representatives is ‘directly chosen by the people of the commonwealth. The Australian Electoral Commission did not allow this to happen because people of the commonwealth were not given that choice nor afforded enough information was given to the people how to vote.  For instance, the Sample “HOW TO VOTE information on the card mislead voters on  mentioning the importance of voting all 77 boxes.

The public funded media ABC 24 Television  made no coverage of independent candidates in this senate election and it purposely only promoted major political parties and micro parties. ABC 24 Television  is a tax payer funded body that failed to promote the interests of all Australian Candidates.

 I support fellow independent Graeme Edwin Astrang in the division of Cook (NSW) who is fighting the same constitutional matters pertaining to anomalies in Australian electoral process.

I pray that the honorable court declares Western Australia senate election void.

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