An election is of obvious interest to the legislature and executive. However, it is also increasingly relevant to the work of the government’s third branch. Each of the last three federal elections has required the Court to resolve complex questions urgently:

• two months prior to the 2007 election, the Court struck down legislation from 2006 barring all prisoners from voting.
• two weeks before the 2010 election, the Court struck down legislation from 2006 removing the 7 day ‘statutory grace period’ allowing people to enrol after an election is called.
• five months after the 2013 election, Hayne J, sitting as the Court of Disputed Returns,  declared the election of Western Australian senators void due to the loss of 1370 ballot papers.

The 2015 election, whenever it occurs, will continue this trend.

So far, two pre-election High Court cases have been announced. Continue reading →