UPDATED. See below
Published in this article is the Australian Electoral Commission's reply to written request for Scrutineers to be provided copies of the
Below-the-line preference data-files.
There is nothing in the legislation that prevents this information being made available to scrutineers . It is no different then the publication of the progressive results for the House of representatives.
Without access to this information it is impossible to independently verify the integrity of the elections results.
It is akin to shopping at a supermarket and watching good get scanned, without a receipt and a running balance you have no idea of the costs charged are correct
The Australian Electoral Commission's failure to ensure that the electronic count is open and transparent brings the conduct of the Senate election into disrepute.
Other parties and States have also requested progressive access to copies of the below-the-line preference data files and been refused.
What does the Commission have to hide that it refuses to publish this crucial information?
By not publishing this data in a timely fashion and subjecting it to proper independent scrutiny in a timely fashion leaves the Commission open to allegations that the information recorded on the file may have been changed or altered.
UPDATED. We have sent teh following letter to Mr Jeff Pope APM Australian Electoral Commission. Our request was once again was denied and an application for review by the Administrative Appeals Tribunal is pending
Copy of text dated 23-September-2013
Jeff Pope APM
Australian Electoral
Commission and State Manager for Victoria
State Executive
Victorian State Office
Further to your
correspondence dated 18 September 2013
Re: Request for copies of
the below the line Data-entry records recording the details and preferences in
electronic format
The information requested in
my previous correspondence falls within the definition of Section 273A(6) (a)
of the Commonwealth Electoral Act and the definition of record as outlined in
the Acts interpretation Act
COMMONWEALTH
ELECTORAL ACT 1918 - SECT 273A
Computerised scrutiny of votes in Senate election
...
Rights of scrutineers
(6) For proceedings under subsections (4) and (5) of this section,
the requirements of paragraph 265(1)(c) are met if the scrutineers have
access to:
(a) a record of the preferences on the ballot papers that have been
received by the Australian
Electoral
Officer and whose details have been stored in the computer (including
informal ballot papers, and formal ballot papers that are not sequentially
numbered); and
(b) a record of the ballot papers that are notionally transferred, or
exhausted, at each count; and
(c) a record of the progress of the count of the votes, at each count.
ACTS
INTERPRETATION ACT 1901
Definitions
…
"document" means any record of
information, and includes:
(a) anything on which there is writing;
…
"record" includes information stored
or recorded by means of a computer.
The information requested is
the record (s) of the preferences on the ballot papers that have been
received by the Australian
Electoral
Officer and whose details have been stored in the computer.
The Australian Electoral
Commission has an obligation to provide this information to scrutineers
pursuant to Section 273A(6) of the Act as requested
This information is required
in order that Scrutineers can verify the integrity and correctness of
information stored in the computer that is used to tabulate and determine the
results of the election. The information requested should be provided in
the most cost effective and efficient means possible. The information requested
is readily available in electronic format.
I again request that the
information sought be provided without delay and that regular updates be
provided on a daily basis with certified copies of the information provided
prior to the declaration of the poll
Should you require further
information I can be contacted via return email or telephone 0403378111
Yours faithfully
Anthony van der Craats
Scrutineer
Australian labor Party
PO Box 254 Carlton South
Victoria 3053
