Voting is Compulsory
• The Commonwealth Electoral Act 1918, under section 245(1), states:
”It shall be the duty of every elector to vote at each election”.
• Under the Electoral Act, the actual duty of the elector is to attend a polling
place, have their name marked off the certified list, receive a ballot paper and
take it to an individual voting booth, mark it, fold the ballot paper and place it
in the ballot box.
• It is not the case, as some people have claimed, that it is only compulsory to attend the polling place and have your name marked off, and this has been
upheld by a number of legal decisions:
High Court 1926 – Judd v McKeon (1926) 38 CLR 380
Supreme Court of Victoria 1970 – Lubcke v Little [1970] VR 807
High Court 1971 – Faderson v Bridger (1971) 126 CLR 271
Supreme Court of Queensland 1974 – Krosch v Springbell; ex parte
Krosch [1974] QdR 107
ACT Supreme Court 1981 – O’Brien v Warden (1981) 37 ACTR 13