Ballotless and Behind Bars: Commonwealth Electoral Law and The Denial of Votes To Prisoners

Abstract

This article argues against the disenfranchisement of prisoners and explores the terrain of possible political and legal reform in this area. After a brief introduction defending the importance of the franchise, the article falls into several parts. First, there is an examination of the definition of the franchise by Australian electoral law, in the context of international norms. The second part explores arguments for and against prisoner enfranchisement, and draws on overseas jurisprudence, and historical and political theory. The practical effect of the disenfranchisement is then assessed statistically, and also in terms of realpolitik. Finally, the possibility of using anti-discrimination law to challenge these laws is considered.