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Australian Expatriate Voting Rights

The voting rights of Expatriate Australians

Just a reminder for Australian expatriates. The next Federal election must be held on or before May 21, 2022, so we are now very clearly at the beginning of an Federal election campaign - pending a decision by the Prime Minister on the precise election date.

As we outline in the page below, arrangements in place make it very difficult to remain an Australian voter as an expatriate, and if you perhaps want to express your opinion regarding the current Government's handling of the Covid 19 pandemic, and treatment of expatriates, we would urge you to contact the Australian Electoral Commission and confirm your status as soon as possible.

On a more general note, the fact that most expatriates are unable to vote has almost certainly influenced Government tax policy over the last decade. We have seen significant, highly discriminatory legislation in terms of capital gains tax pursued by the LNP - including disallowing the 50% CGT discount for non-residents and more recently removing the CGT main residence exemption. Urgent reform is needed around voting rights.

This is quite a complicated issue, with many Australian expatriates disenfranchised by the current Australian electoral voting system. Electoral law prevents Australian citizens who are overseas from enrolling to vote if it is more than three years since they left Australia to live abroad. These expats, who have been deleted from the electoral roll by the Australian Electoral Commission (AEC), will remain unable to vote in Australian elections until they again become resident in Australia.

The rules in this area are poorly understood by most expats, and that is a reflection of their relative complexity and the fact that many presume that citizenship is enough to ensure a right to vote. The AEC does have a Q&A page on Australian expat voting which we would advise all Australian expats to read who have an interest in retaining their voting rights.

In short, if you are going overseas permanently or indefinitely then you must obtain from the AEC, and submit, an Overseas Notification Form, which will remove you from the electoral roll.  If you are going overseas for more than one year and less than six you can choose to remain on the roll by registering as an overseas elector - again by completing an AEC form.

Thus, you need to be proactive in protecting your voting rights by submitting the latter form.  This is not a well known or advertised requirement and most expats become disenfranchised out of (understandable) ignorance, rather than choice.

Interestingly, the AEC would seem to equate an intended stay overseas of six or more years as an indefinite departure – the facts of life are that many or perhaps most expats don’t know how long they will be overseas on first departure.

Historically, the Southern Cross Group (SCG) had been very active in arguing that the current arrangements were both unfair and potentially unconstitutional, but there appears little appetite for reform in either major political party. In fact, a June 2009 Joint Senate Committee Report concluded that the current rules, "form a valid method of measuring whether a continuing interest in Australian political affairs exists."

In practice, we think that the lack of enfranchisement encourages Australian politicians of all persuasions to ignore the interests of Australian expatriates and reinforce parochial attitudes in terms of tax, foreign relations and, more recently, repatriation. You can see a consistent pattern of legislation over the last 10 years which has eroded the tax position of expats as symptomatic of this disenfranchisement. Perhaps expats generally need to reconsider just how welcoming they should be when politicians come "visiting", as they invariably do.

If you believe you are entitled to vote, and you can check your status through the AEC’s online enrolment verification process, then you will normally be able to vote at any Australian mission (eg. embassy, consulate) overseas and postal votes are available - applications are available from the AEC web site once an election has been announced.

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