CRIMINAL OFFENCE OF IMPERSONATING ANOTHER PERSON AT FEDERAL ELECTION VOTING
The criminal offence of impersonating another person at federal election voting is a serious criminal offence that can lead to serious consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of impersonating another person at federal election voting.
If you or anyone you know have been accused or charged with the criminal offence of impersonating another person at federal election voting, contact our award-winning team of expert criminal electoral lawyers at Criminal Lawyers Group immediately for a free consultation.
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WHAT IS THE CRIMINAL OFFENCE OF IMPERSONATING ANOTHER PERSON AT FEDERAL ELECTION VOTING?
Section 339(1) of the Commonwealth Electoral Act 1918 (Cth) constitutes it a criminal offence for a person at a federal election to:
- Impersonate any person with the intention of securing a ballot paper to which the impersonator is not entitled; or
- Impersonate any person with the intention of voting in that other person’s name
Section 339(1) of the Commonwealth Electoral Act 1918 (Cth) provides further electoral offences other than those involving impersonation.
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WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF IMPERSONATING ANOTHER PERSON AT FEDERAL ELECTION VOTING?
Section 339(1) of the Commonwealth Electoral Act 1918 (Cth) prescribes a maximum penalty of 6 months imprisonment for anyone convicted of the criminal offence of impersonating another person at federal election voting. A conviction of the criminal offence of impersonating another person at federal election voting may also have serious repercussions on your professional career and personal life.
AUSTRALIAN ELECTORAL COMMISSION SAYS MULTIPLE VOTING IS RARE
The criminal offence of impersonating another person at a federal election is likely to, by extension, often result in multiple instances of voting being recorded against the name of the person being impersonated. This is on the basis that the person being impersonated themselves are also likely to vote.
The Australian Electoral Commission has reported that instances of multiple voting are rare and that there have been no reports where the number of multiple votes has exceeded the margin in a contest in a federal election or referendum. As such, multiple voting has never been reported to have affected the outcome of an election. Nevertheless, the criminal offence of impersonating another person at a federal election is still treated by authorities as a serious matter, irrespective of the outcome of the election.
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NSW MP GARETH WARD INTRODUCES BILL REQUIRING IDENTIFICATION TO VOTE
NSW State parliamentarian, Gareth Ward MP, Member for Kiama has introduced the Electoral Amendment (Voter ID and Electronic Mark Off) Bill 2024, which seeks to amend the Electoral Act 2017 (NSW) to require a person to produce evidence of the person’s identity to vote at a NSW State election and to require election officials to mark off an electronic roll after giving an elector a ballot paper for the election.
The passage of the Bill would make it harder for an individual to impersonate another person at a NSW state election, due to the requirement for identification.
Furthermore, the existence of the electronic roll would trigger an earlier alert as to any double voting that has occurred under an individual’s name, compared to the delay that occurs when relying solely on a paper roll. Due to voters being allowed to vote at many voting booths across the state, it is not until well after the election day that an analysis of the paper roll often shows the existence of double voting.
During the debating on the Bill, it was reported by Ward MP and other parliamentarians that in the 2019 election, over 3,000 people were identified as having voted more than once.
The Bill is still before the NSW Parliament and is yet to be voted on, although the nature of the debating on the matter to date suggests that the Bill will be supported by the Coalition and opposed by Labor.
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CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of impersonating another person at federal election voting, contact our expert criminal electoral lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of impersonating another person at federal election voting.