Premier Steven Marshall pushing to return ‘fairness’ to SA’s electoral laws, a system which was essential to his drought-breaking victory
Premier Steven Marshall wants to reinstate the “fairness clause” for redrawing electoral boundaries – the removal of which was part of last year’s election win.
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Premier Steven Marshall is pushing to return “fairness” to SA’s electoral laws, and restore a system which was essential to his drought-breaking victory at the statewide vote last year.
Treasurer Rob Lucas has confirmed to The Advertiser that the State Government will attempt to rewrite the state’s constitution, and wants a decision from Parliament before Christmas.
During its final months in power, Labor removed the so-called “fairness clause” from the Constitution Act.
That clause requires seat boundaries to be redrawn before every election, in an attempt to ensure the side with the most two-party votes also forms government.
A successful legal challenge from the Liberal Party ahead of the last election, before the fairness clause was removed, led to more favourable boundaries for Mr Marshall.
That snapped the Liberal Party’s 16-year election losing streak in SA.
The Liberal Party famously lost the 2014 and 2010 elections, despite winning the statewide popular vote, as they were unable to grab victory in enough seats to form Government.
The Liberals’ two-party vote declined at the election last year, amid a surge in support for SA Best led by Nick Xenophon, but new boundaries still resulted in a large gain of seats.
Many commentators believe that the manner in which SA’s seat boundaries are redrawn between elections is the single most important factor in deciding who governs the state.
There is major confusion among political hardheads in the major parties about how the now-shredded voting laws will be read by Electoral Districts Boundaries Commission, which is currently in the early stages of considering how to set the playing field for the 2022 poll.
Many strategists believe the current law, which lacks the fairness clause, is likely to result in a beneficial redraw for Labor for 2022.
However, there is a range of views on how beneficial.
The Liberals currently have 25 Lower House seats, but have hopes of picking up two more currently held by independents in country areas. Twenty-four seats are needed to hold power.
Labor has 19 seats, and hopes of picking up one from an independent on current boundaries.
Mr Lucas, the Upper House Liberal leader, on Wednesday night confirmed he was seeking to reinstate the fairness clause and said he was unsure if that would be supported by crossbenchers.
Mr Lucas rejected suggestions he was doing it to gain a political advantage.
“We think it is a fair proposition,” he said. “It’s not a partisan position. We think in the last iteration, was appropriately interpreted by the Electoral Districts Boundaries Commission
“We’ll test the water and see what the temperature is.”
Removal of the fairness clause was supported by the crossbench in 2017, including on grounds that it assumed a two-party system which they are seeking to disrupt.
The Greens will oppose restoring the clause.
SA Best was not elected in the Upper House when the clause was removed in 2017, and it is unclear how they will move.
Their support, and that of independent MP John Darley, is essential for the Government.