Man quotes ancient Christian scripture in bid to avoid penalty for not voting in federal election

“It’s against my religion to abstain from voting and if you ask why, it’s because that’s between myself and the Creator.” A man has staged an unusual defence in court after failing to vote.

Tasmanian man Nicholas Stefan Dvorsky argued he shouldn't be fined for not voting in the 2022 federal election as it was "against his religion" and his reasons were "between myself and the Creator". Picture: Facebook

A young Launceston man who described himself as a “private sentiment soul” has failed to prove he should be exempt from voting as it was against his religion.

Nicholas Stefan Dvorsky, 29, was charged with the Commonwealth offence of failing to vote at an election after not voting in the federal election on May 21, 2022.

He pleaded not guilty before the Launceston Magistrates Court.

However, in a newly-published decision, Magistrate Ken Stanton found the charge against Dvorsky proved.

He noted there had been evidence of email communication between Dvorsky and the Australian Electoral Commission (AEC), in which Dvorsky – describing himself as a “private sentiment soul” and “Nicholas Stefan of the House of Dvorsky” – said he was not obliged to vote.

“What the defendant was saying in those emails was difficult to understand,” Mr Stanton said.

“They contained illegitimate demands, used terms and language with a quasi-legal complexion but which were otherwise entirely misconceived and contained a plethora of non-sequitur.”

Dvorsky accused the AEC of being an “unconstitutional foreign entity” acting outside of the constitution and of not abiding by “heavenly father’s Authorised King James Version Bible 1611 (Banking Instruments, Banking Law and Equity)”.

“It’s against my religion to abstain from voting and if you ask why, it’s because that’s between myself and the Creator,” Dvorsky said.

Mr Stanton said while Dvorsky referred to Christian belief and to many texts from an ancient version of Christian scripture, he didn’t include any evidence that the Christian religion – “including its many manifestations” – contained any prohibition on voting.

Dvorsky also didn’t claim he was part of a group of believers banned from voting.

Mr Stanton teased out each of the eight Bible passages that Dvorsky referred to in his defence, but found in none of them a religious duty not to vote.

These included Matthew 5:9, one of the Beatitudes, which stated, “Blessed are the peacemakers: for they will be called children of God”.

“There is nothing in that passage which would justify a failure to vote,” Mr Stanton said.

Mr Stanton, finding Dvorsky’s argument “baseless”, found him guilty of the charge and fined him.

Follow @ambervwilson