Lower the voting age for a more robust democracy

People vote in the NSW state elections in northern Sydney in 2019. Picture: AAP

The dust has just settled on the 2022 federal election, yet preparations have begun for the next poll. The focal point is a new inquiry by parliament’s Joint Standing Committee on Electoral Matters, which will hold a public hearing on Monday.

The committee routinely examines the conduct of each election but this time promises to be different. The Albanese Labor government has signalled its willingness to consider many important, long overdue reforms. This is reflected in the committee being asked to examine changes including real-time disclosure of political donations, limits to campaigning expenditure, truth in political advertising and increasing the number of senators representing the Northern Territory and ACT.

The committee also will examine whether to extend voting rights to new groups. This is a departure from the Coalition’s period in office, where the push was to deny the vote to prisoners. By contrast, Anthony Albanese has already flagged that New Zealanders resident in Australia might be granted the vote. This would reciprocate for Australians having voting rights in New Zealand if they have lived in that country for at least a year.

Three other groups should also be considered. First, parliament should enhance the voting rights of people with disabilities. The law says a person cannot vote in federal elections if they are of “unsound mind”. This archaic and pejorative description has sat on the statute book from the first federal election law in 1902. It has since been applied to remove many thousands of people from the electoral roll in ways that conflict with modern understandings of the capacity of people with intellectual disabilities and cognitive impairments to cast an informed vote.

The “unsound mind” disqualification was examined nearly a decade ago by the Australian Law Reform Commission. It found the law was inconsistent with domestic and international standards and did a disservice to a large segment of the Australian community. The commission recom­mended the law be changed to only exclude people who lacked “decision-making ability with respect to enrolment and voting”, such as where someone could not understand information about enrolment and voting or was unable to communicate how they wished to vote.

It is now time to make this sensible change to remove outdated discrimination against people with disabilities.

Second, the law on Australians voting from overseas is convoluted and out of step with modern understandings of citizenship and mobility. It says an Australian citizen who has moved overseas can continue to vote only if they intend to return to Australia within six years. The six-year period is arbitrary and makes no sense for Australians who leave our shores with uncertain plans because of their employment, personal circumstances or even the pandemic. The result is that Australians can be left in legal limbo and unsure of their voting rights.

Other countries take a different approach. They recognise that voting is a fundamental part of citizenship, irrespective of where a person lives. Countries such as the US, Canada and France grant their citizens equal voting rights wherever they reside.

Other nations are following suit, including Britain. Its law had stated that British citizens could vote for only up to 15 years after leaving the UK. This was changed in April to permit citizens living abroad to vote in British elections indefinitely. Australia should follow the lead of Britain in removing the requirement that our overseas citizens must intend to return home within six years.

Finally, it is time to revisit the minimum voting age. At the beginning of the 20th century, democracies such as Australia permitted people to vote if they were 21 years or older. A wave of change occurred in the 1970s when Australia and other nations lowered the age to 18. This century has brought a new wave of reform, with a growing number of democracies moving to 16 years.

This has occurred in local, state or national elections in countries including Britain, Austria, Germany, Switzerland, The Philippines, Argentina, Nicaragua and Brazil, to name but a few.

These democracies recognise that 16 and 17-year-olds can participate more fully in democratic processes. Lowering the voting age also has the positive effect of introducing people to their obligations as citizens when this can be accompanied by civics education in schools. Conferring voting rights at 16 is also consistent with other laws.

In Australia, 16 and 17-year-olds can leave school, get a job, drive a car, pay taxes, enlist in the defence forces and consent to medical procedures. It is time to add the right to vote to the list to recognise that this age group has more to offer our democracy.

George Williams is a deputy vice-chancellor and professor of law at the University of NSW.