Not ‘Putin’s Russia’: Palmer slams ‘unconstitutional’ election laws amid court bid to be included

UAP leader Ralph Babet will take the Commonwealth to the High Court over what chairman Clive Palmer says are “unconstitutional” election laws.

Clive Palmer claims provisions of the election laws are unconstitutional. Picture: NewsWire / Jeremy Piper

United Australia Party leader Ralph Babet will take the Commonwealth to the High Court over what chairman Clive Palmer says are “unconstitutional” election laws prohibiting the party’s sole senator running under the UAP banner.

Mr Palmer, a billionaire businessman and former UAP leader, accused the federal government of attempting to “rig” the 2025 election by supporting “draconian” laws governing when deregistered parties can contest an election.

The UAP, which claims to be the nation’s largest in terms of membership, was deregistered in September 2022 by Mr Babet due to “administrative reasons”, though Mr Babet at the time said they would still contest the 2025 ballot.

Under the Commonwealth Electoral Act, a deregistered party cannot contest an election until the general election after next following the deregistration, meaning Mr Babet could not run as a member of the UAP until at least 2028.

Mr Palmer said the provisions were not “conducive to running a free and fair election” as demanded by the constitution, and said he expected the High Court to handle the challenge with “urgency” ahead of next year’s vote.

Clive Palmer claims provisions of the election laws are unconstitutional. Picture: NewsWire / Jeremy Piper

“Our party name, the United Australia Party, is already a trademark and has been through the legal process that we have exclusive use of it, so we think that’s just been put in the Act to be a negative detriment,” he said.

Mr Palmer went on to add: “The Australian constitution is very clear. It states the Commonwealth parliament has the power to make laws in respect of elections. But, surely elections must be fair and free elections.

“Surely all Australians, regardless of their political persuasion, should be allowed to stand for elections, as should all political parties.

“It’s very, very dangerous for the government to have the power by legislation to stop people participating in our democracy.

“That’s why we’ve commenced those proceedings.”

A writ of summons, filed with the High Court of Australia in Brisbane, claimed the inclusion of a party name and logo was “a significant advantage which is only available to candidates for election who are endorsed by a registered political party”.

The court action was filed by UAP senator Ralph Babet. Picture: NCA NewsWire / Martin Ollman

It claimed Section 135(3) of the Act was invalid because it “it impermissibly excludes or impedes receipt by electors of information relevant to the making of an informed choice”, and discriminated against unregistered parties.

As first plaintiff, Mr Babet is seeking, according to the document, for the provision to be found to be invalid, or for a declaration that it is “inoperative and of no effect to the extent it would render a party ineligible for registration for the next general election”.

Mr Palmer said the provisions would stop Mr Babet being able to stand at the next election and that the UAP intended to call for candidates in all seats of the House of Representatives, as well as in the country’s Senate.

The former MP said cost of living pressures were a “warning sign” for the government, and that minor parties looking to contest the next federal election would be looking at the outcome of the UAP’s High Court bid.

The mining magnate made the announcement on Thursday. Picture: NewsWire / Jeremy Piper

“We look forward to our case with the High Court, where we hope we can stand as an example for the Australian people that they can participate in the elections, that we do have freedom of speech to the life in this country and the freedom of the press, and we respect the people’s right to know,” he said.

“We’ve seen what happens in Vladimir Putin’s Russia, where they restrict democracy and who can and who can’t contest elections. Naturally, if I’m in power, I might want to stop other people standing against me. But that’s not the basis of the Western democracy. It’s not the basis that protects Australian rights.

“So it’s a very important thing to be challenged, because this legislation bans our political party, even if we are registered, from contesting the election. So we’ve got to protest about that, not just for ourselves, but for all Australians.”

Mr Babet was elected to the Senate for Victoria in the 2022 election, having taken over the reigns of the UAP from Craig Kelly. Of the $100m Mr Palmer spent on the campaign, he was the sole representative to get elected in their race.

Of the High Court challenge, Mr Babet said the UAP had 82,000 members who he said were “being denied the right to vote for who they wanted”.

“Labor is running scared. There will be a third force in the next election and it will be well supported. I am calling for all parties to join together to kick out the uni-party of Labor (and) Liberals which has destroyed our country,” Mr Palmer said.