02-05-2025
What happens if I don't vote in the election? What are the penalties?
In countries like the United States, people don't have to vote in elections.
But that's not the case for voters in Australia.
Laws require eligible voters to participate in elections, with penalties for people who fail to perform their civic duty.
Here's what you need to know about voting rules.
Election essentials:
Find out where your
When is the federal election?
Saturday,
May 3
.
Do I have to vote?
Voting is compulsory
in Australia.
So if you're an Australian citizen aged 18 or older, and you've enrolled to vote then,
yes
, you have to vote.
That's the law.
Specifically, it's
And you'll be penalised for not voting unless you have "a valid and sufficient reason" for failing to vote.
What's the penalty for not voting?
You may have to
pay what the Australian Electoral Commission (AEC) calls an "administrative penalty" fee
.
If you fail to do that,
you could end up in court
.
What's the fine for not voting?
Again, technically it's an "administrative penalty", not a fine.
The amount is $20.
However, if the matter goes to court, you could be fined more.
For example,
Voting is compulsory in Australia.
(
ABC News: Alexandra Beech
)
What's a 'valid and sufficient' reason for not voting?
That's not defined in the law.
Here's what
"It is at the discretion of the AEC's Divisional Returning Officer (DRO) for each electorate to determine whether you have provided a valid and sufficient reason for not voting.
"The DRO will make a determination in accordance with section 245 (5) of the Commonwealth Electoral Act 1918 or section 45 (5) of the Referendum (Machinery Provisions) Act 1984.
"The DRO will consider the merits of your individual case and take into account any specific circumstances at the polling places within their division in making a determination."
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What if I tried to vote but couldn't?
You might still get a notice from the AEC.
But this doesn't mean you'll have to pay — it just gives you the opportunity to
tell the AEC about what happened on election day
that meant you couldn't vote.
Here's what the AEC's website says on that:
"Please provide details of the reasons why you were unable to vote in the relevant section of the notice, and return it to the AEC.
"The (Divisional Returning Officer) will consider the merits of your individual case and take into account any specific circumstances at the polling places within their division."
How many people were fined last time?
The AEC issued first-instance notices to
1,268,907 people
after the 2022 federal election.
These were, as the AEC refers to them, "apparent failure to vote" notices, which gives people the chance to give the AEC more information.
That might include confirmation that they did vote or the reason why they didn't vote.
The AEC said 287,074 electors gave a valid and sufficient reason for not voting in response to these notices.
"Some electors opt to pay the administrative penalty instead of responding to our correspondence with further information," an AEC spokesperson said.
"Others provide reasons that are not deemed valid and sufficient and may receive further correspondence from the AEC to finalise their matters."
This could mean the AEC asking for more information, but it could also mean the commission requesting the person pay the administrative penalty.
226 people were convicted by a court and fined
for not voting at the last federal election.
"This number does not include any matters for which an alternative sentence was issued by the court, or those who may have provided a valid and sufficient reason following the issue of a summons to appear in court," an AEC spokesperson said.
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