Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 08/2003 by Antony Green
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This paper contains a summary of results for the election of 21 members to the
New South Wales Legislative Council. The 2003 election was the first conducted
under changes to the electoral system that made it virtually impossible for
parties to engage in preference deals.
While the new voting system retained the ‘above the line’ or group
voting option, groups had to nominate full lists of 15 or more candidates to
have access to a group voting square. Votes cast using the group voting method
only counted as preferences for the selected party, and could not be directed
to other parties. Like-minded parties running against each other would
therefore split their base vote. Previously, like-minded parties had been able
to compete for votes against each other, sure of their ability to swap
preferences. At recent elections, several parties have used this tactic to
elect MLCs despite receiving quite small totals on the primary count.
A new form of ‘above the line’ voting was also introduced, allowing
voters to order parties above the line, in an analogy with the way candidates
can be ordered ‘below the line’. Data on ballot papers is not yet
available, but from the details provided in the distribution of preferences, it
appears that less than ten percent of voters took advantage of this new
option.
A consequence of the changes was that only 15 groups nominated in 2003 compared
to 80 at the last election. However, every group nominated 15 or more
candidate, compared to just three groups in 1999. So while the number of groups
fell, producing a much more manageable ballot paper, the number of candidates
rose from 264 to 284.
This publication consists of five sections.
Section 1 contains the overall state-wide count and details of the
distribution of preferences.
Section 2 lists the Legislative Council results for each electoral
district, and also provides a summary of vote by region.
Section 3 provides more detail on the vote for each party by electoral
district, with ordered tables of vote received in each electorate.
Section 4 consists of summary tables comparing the vote for selected
parties by electorate between the Legislative Assembly and Legislative
Council.
Section 5 provides some analysis by electorate of the incidence of
‘above the line’ voting.
While all calculations and analysis of preference flows are based on the
results provided by the NSW Electoral Office, all calculations remain the
responsibility of the author.
Main Findings
Two findings are clear from the detailed distribution of preferences in Section
1.
(1) Preferences played no part in the final outcome. Under the previous
operation of group ticket voting, preferences flowed strongly between groups on
the ballot paper, as more than 90% of votes had been cast using the group
voting option. Under the new system, 80-90% of preferences exhausted between
groups. The number of members elected from each group at the 2003 election was
determined entirely by the level of primary vote support for each group and was
unaffected by the distribution of between group preferences.
(2) Parties that divided their core support were disadvantaged by the new
system. The Shooters Party, Independent Pauline Hanson, One Nation, the
Fishing/Horse Riders/4WD ticket, and Australians Against Further Immigration,
probably share a similar support base. Together they polled 1.63 quotas. Under
the old electoral system, this support could have been accumulated using ticket
voting, giving an outside chance of electing two MLCs between the groups. Under
the new system, these parties split their vote, no preferences flowed and John
Tingle from the Shooters Party was elected with less than half a quota, edging
out Pauline Hanson for the final vacancy.