Same-sex marriage plebiscite could be open to 16 and 17-year-olds

Professor George Williams' tweet this afternoon.

Has the Turnbull government inadvertently extended the right to vote in the same-sex marriage plebiscite to 16 and 17-year-olds?

That is the question being asked by legal experts this afternoon.

Writer Stephen Murray, who runs a blog called Boilermaker Bill’s Rum Hospital was first to notice the problem, noting on Twitter that the government, perhaps in haste, had described an “elector” in its postal vote direction as somebody:

(a) enrolled on the Commonwealth electoral roll at the end of 24 August 2017;

But more importantly:

(b) who has made a valid application for enrolment on the Commonwealth electoral roll before the end of 24 August 2017.

The Electoral Act permits 16- and 17-year-olds to make a “claim” or application to be on the Electoral Roll. They just can’t vote in elections. But this is not an election. It’s a postal survey.

Murray then goes on to explain that Subsection 93(4) of the Electoral Act says that nobody is on the roll only “in relation to an election”. They can be on the roll for other purposes, and in fact, the AEC says it has more than 47,000 teenagers aged 16 to 17 on the roll, who obviously can’t vote in elections.

Murray says “the present ... definition of elector would also seem to cover 16 or 17-year-olds who lodged a valid application to be on the roll before 24 August.”

And the Dean of the UNSW Law School, George Williams, would seem to agree, tweeting: “Yes indeed, it appears that the govt has inadvertently extended the vote to 16 and 17-year-olds nationally in Australia for the first time.”

Yes indeed, it appears that the govt has inadvertently extended the vote to 16 and 17-year-olds nationally in Australia for the first time

— George Williams (@ProfGWilliams) August 11, 2017

Other commentators agree, saying: the plebiscite is a survey of the people on the roll. It’s not an election.

UPDATE:

The Australian Electoral Commission says 16- and 17-year-olds will not be able to vote in the postal plebiscite on same-sex marriage.

“There has been speculation that 16- and 17-year-olds will be allowed to participate in the marriage survey. This is not correct,” a statement from AEC says.

“The survey instruments will be sent to those who are on the roll; 16- and 17-year-olds are not on the roll.”

Acting Special Minister of State Mathias Cormann also said the vote would not extend to teenagers under the age of 18.

AEC statement re Marriage Law Postal Survey - 16 & 17 YOs #auspol pic.twitter.com/hXZEVLqhcu

— AEC (@AusElectoralCom) August 11, 2017