Thank you for assisting in the conduct of the federal election by acting as a scrutineer. You are doing an extremely important job in ensuring that Australia’s proud democratic tradition of elections is maintained. Transparency and integrity in the conduct of elections have, after all, been the hallmarks of Australia’s federal electoral system since Federation in 1901.

As a scrutineer you need a clear understanding of your role, including what you can and cannot do under the law. This handbook is designed to help you, before, during and after election day, be as effective as possible as a scrutineer.

Remember, you can play a significant part in helping to ensure, as far as possible, that every vote cast in an election counts.

What does a scrutineer do?

Candidates in a federal election are not allowed to be in a polling place, except in order to vote themselves. They are also not permitted to observe the counting of votes (the scrutiny) for elections in which they are candidates. They have the right, however, to appoint scrutineers to represent them during the polling and throughout the various stages of counting of ballot papers.

As a scrutineer, you have the right to be present when the ballot boxes are sealed, when they are opened, and when the votes are sorted and counted so that you may check any possible irregularities on behalf of the candidate who has appointed you.

Scrutineers may observe, on behalf of candidates:

• the polling in a polling place;
• the counting of ballot papers (the scrutiny);
• the preliminary scrutiny of declaration envelopes;
• the further scrutiny of declaration votes; and
• the fresh scrutiny of all votes.

How do I become a scrutineer?

A candidate appoints you by completing a scrutineer appointment form, which can be obtained from any Australian Electoral Commission (AEC) divisional office or from the AEC website. The candidate must sign the form and give the name and address of the scrutineer. see Appointment of scrutineersThe form may be provided in person, or by fax if such facilities are available.

You must then sign the undertaking on the form stating that you will not attempt to influence the vote of an elector and that you will not disclose any knowledge you may acquire concerning any elector’s vote.

The 2007 handbook—a new look

As in previous election years, this handbook is published by the AEC, the independent statutory authority that maintains the Commonwealth electoral roll and conducts federal elections and referendums. The handbook has been thoroughly revised since the last election in response to market research. The views of a wide range of users, including both successful and potential candidates and other key participants from a range of political parties, as well as independents, have been taken into account in the revision.

The handbook still goes into some detail about how electoral law applies to scrutineers, candidates and party workers. Each chapter lists the parts of the Commonwealth Electoral Act 1918 (the Act) upon which it is based. The AEC advises that you consult the Constitution, the Act, and other legislation referred to for the exact provisions.

Abbreviations and acronyms have been kept to a minimum. Four acronyms are used throughout the handbook:

• AEC—Australian Electoral Commission;
• AEO—Australian Electoral Officer;
• ARO—Assistant Returning Officer; and
• DRO—Divisional Returning Officer.

The words ‘voter’ and ‘elector’ are used interchangeably.

At the end of this handbook you will find a glossary that explains terms that may be unfamiliar to you. These terms are highlighted in green the first time they appear in a chapter.

The AEC names and addresses that you may need to refer to frequently are provided, for convenience, on the inside front cover.

How this handbook can help you

This handbook explains what you will do as a scrutineer, and how to comply with the law during the election and throughout the counting of votes process. It contains new information, essential for every scrutineer—whether you have acted as a scrutineer before or are doing this for the first time—about changes that have occurred in legislation since the last federal election in 2004.

At the end of this introductory section you will find a summary list of do’s and don’ts for scrutineers. Offences relating to the election are now listed in Appendix 1. Some electoral offences apply at all times, while others apply during the specific election period.

Timing of the election

The House of Representatives expires three years after its first meeting but can be dissolved earlier. For the 41st Parliament, the first meeting was 16 November 2004. Senators for the states serve terms of six years, which are staggered so that half of those Senators retire every three years. The terms of the Senators for the territories coincide with those of the members elected to the House of Representatives.

Usually, House of Representatives and half Senate elections are held at the same time. The earliest possible date for a combined House of Representatives and half Senate election would have been 4 August 2007 (the first Saturday after the 33-day minimum period from 1 July 2007). The latest date by which a House of Representatives election, or a combined House of Representatives and half Senate election, must be held is 19 January 2008.

Changes to legislation

There have been significant amendments to the Act since the 2004 federal election. Many of these amendments affect both candidates and electors, and have altered some of the AEC’s administrative processes.

Enrolment

Key amendments affecting enrolment include:

• providing that the deadline for people newly enrolling or re-enrolling is 8 pm on the day the writ is issued;
• reducing the close of rolls period for a federal election from seven days after the writ is issued to three working days.
• During this period:
• people already enrolled may update their details;
  • people who are 17 years of age but will turn 18 on or before election day may enrol; and
  • people who expect to become Australian citizens before election day may enrol; and
• introducing a requirement to provide proof of identity when enrolling or updating an enrolment.

Elections

Key amendments affecting elections include:

introducing a requirement for electors to provide proof of identity when casting a provisional vote on election day;	see Proof of identity
removing the entitlement to vote from otherwise eligible people serving a full-time prison sentence;*	see Prison and remand centre voting
increasing the nomination deposits for candidates;
clarifying the rules for the preliminary scrutiny of declaration votes;	see Preliminary scrutiny
providing for a trial of electronically assisted voting for electors who are blind or have low vision;	see Electronic voting
providing for a trial of remote electronic voting for some defence personnel serving overseas;	see Electronic voting
enabling defence members or defence civilians and Australian Federal Police personnel serving overseas, and eligible overseas electors, to apply for registration as general postal voters; and	see Registered general postal voters
modifying postal voting arrangements by specifying 6 pm on the Thursday that is two days before election day as the deadline for the AEC to accept receipt of postal vote applications, and providing for new arrangements for the delivery of postal vote material.	see Postal voting arrangements and deadlines

* Subsections 93(8AA) and 208(2)(c) of the Act were held invalid by the High Court in Roach v. Electoral Commissioner and the Commonwealth on 30 August 2007. The orders return the law to the situation pre-2006, that is, prisoners serving a sentence of three years or longer are not entitled to enrol or vote.

Reducing the informal vote

Informal votes—that is, votes that do not meet formality requirements and so are ruled invalid—do not count, and work against the interests of candidates as well as those of the electorate generally. The proportion of informal votes in the House of Representatives has increased in recent Australian elections.

The greater majority of electors who vote informally probably do not intend to. Candidates, and their supporters, can help reduce the informal vote by taking great care with the clarity and accuracy of any material they give to voters. The AEC has identified a range of factors to account for the increase in informal voting. Some voter confusion may arise unintentionally from how-to-vote information produced by political parties and candidates. This is particularly common where how-to-vote information does not make it clear that voters must number all the squares opposite the names of candidates for the House of Representatives.

Feedback welcome

The AEC welcomes your views on the usefulness of the Scrutineer’s Handbook and any specific information provided in these pages. We invite you to send your feedback by email to info@aec.gov.au with the subject line ‘Feedback on Scrutineer’s Handbook’.

Do’s and don’ts

When taking on your role as a scrutineer, you may:

• observe all voting procedures except the elector actually voting, unless the elector has requested assistance;
• object to the right of any person to vote;
• be nominated by an elector to assist with the completion of a ballot paper;
• enter and leave the polling place at any time during voting;
• enter and leave the polling place at any time during the counts (your place may be taken by another appointed scrutineer); and
• inspect any ballot paper at the count.

You must not:

• stay in a polling place unless you have provided a completed appointment form;
• go into a polling place without your scrutineer’s badge;
• help with clearing voting booths or the removal of material from the polling place;
• touch ballot papers;
• unreasonably delay or interfere in the progress of counting the votes;
• interfere with a voter, or attempt to influence them;
• reveal anything you know about how someone has voted;
• wear a badge or emblem of a political party or candidate within the polling place;
• deliberately show or leave in the polling place any how-to-vote card or similar direction as to how an elector should vote; and
• use an image recording device (such as a camera, a video recorder or a camera or video-enabled mobile phone) in a polling place or counting centre.

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