Election Eve
Had a fun time out drinking last night. A very mixed group with Chris Trotter (wearing a Labour rosette!), Keith Locke (Greens), Joe Hendren (Alliance/NDU) and a couple of UNITE staffers plus Ben Thomas (NBR) and Hamilton Blonde (SAHM-WLP).
We were at Galbraiths and I was disappointed to learn I missed Helen doding a flying visit at 6pm. But regardless was a good time with lots of interesting conversation. We all wrote election predictions down on a beer coaster. God knows who has it – I can’t even recall what I predicted.
Today I need to do three things – haircut, vote and swot up on 2005 results – not in that order.
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Tags: Ben Thomas, Chris Trotter, DPF, Joe Hendren, Keith Locke, Unite
November 8th, 2008 at 8:05 am
David, I have noticed that a number of sites are not posting any content today “due to the Electoral Act” – is that something we always did or is it a consequence of the Electoral Finance Act?
[DPF: No that restriction is long standing. You can do new content but not political]
November 8th, 2008 at 8:31 am
So bloggers can’t post new content but commenter’s can post what they like?
I take it the law applies around the world but for people based off shore the law can whistle?
November 8th, 2008 at 8:33 am
While all the physical posters, banners and advertisements had to be removed by midnight, and presumably online ads too, all the blog content and comments posted prior to today is ok (including pictures and videos)?
Is there anywhere that says what you can and cannot do online on Election Day?
Eg is it unlawful to post in a new comment a link to an existing political post? Even if the comment is not political?
[DPF: My understanding is comment on old posts are fine so long as not political]
November 8th, 2008 at 8:34 am
Polls open in half an hour in NZ. They’ve been shut for 3 1/2 here is London at NZ house. Time’s up for voting physically on this side of the world.
November 8th, 2008 at 9:03 am
>haircut
You’re bald on purpose?
November 8th, 2008 at 9:05 am
What about election predictions? Sun is shining in Auckland, should be a high turnout.
November 8th, 2008 at 9:11 am
So teh convention/law is no electioneering on election-day? interesting that anti-Nat flyers miraculously appeared pasted to bus-stops overnight down Titirangi Road then…
November 8th, 2008 at 9:32 am
Does Stuff/TVNZ/TV3 have a swanky updating Flash(?) election result map like they had on the BBC site, for NZ?
November 8th, 2008 at 9:34 am
Lee C: you should photograph them and take them to the police.
David: thanks for the clarification.
Now – to the most important question: what channel on TV will have the best election coverage tonight? I have been out of NZ for a few years and don’t know which one to watch at my election party.
November 8th, 2008 at 9:36 am
If we are allowed predictions – I suggest the minions of the left will stay away in droves and the right will galvanise and send the vote-ometer firmly in favour of the party that dare not mention its name, purely out of a fear of compromise.
November 8th, 2008 at 9:45 am
Come now Lee C, you should know by now that the law only applies to some people.
November 8th, 2008 at 9:52 am
The gospel according to to section 197 Electoral Act.
Interfering with or influencing voters
(1) Every person commits an offence and shall be liable on summary conviction to a fine not exceeding [$20,000] who at an election—
(a) In any way interferes with any elector, either in the polling [place] or while the elector is on the way to the polling [place] with the intention of influencing the elector or advising the elector as to the elector’s vote:
(b) At any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever:
(c) At any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus:
Provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—
(i)Any advertisement placed by the Chief Electoral Officer or a Returning Officer; or
(ii) Any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or
(iii) Any news in relation to an election:
(d) At any time before the close of the poll, conducts in relation to the election a public opinion poll of persons voting before polling day:
(e) At any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election:
(f) At any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper … to be used at the poll and having thereon the names of the candidates or the parties or any of them, together with any direction or indication as to the candidate or party for whom or for which any person should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote:
(g) At any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,—
(i) Any statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or
(ii) Any statement advising or intended or likely to influence any elector to abstain from voting; or
(iii) Any party name, emblem, slogan, or logo; or
(iv) Any ribbons, streamers, rosettes, or items of a similar nature in party colours:
Provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before polling day:
Provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the election campaign and which is so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on polling day:
Provided further that this paragraph shall not restrict the publication of any party name in any news which relates to an election and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989:
Provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in party colours or to a party lapel badge worn by any person (not being an electoral official):
(h)At any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper …) having thereon the names of the candidates or the parties or any of them:
(i) Exhibits or leaves in any polling [place] any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting:
(j) Subject to any regulations made under this Act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,—
(i) Gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election:
(ii) Permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election.
(2) It shall be a defence to a prosecution for an offence against subsection (1)(g) of this section that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that—
(a) The exhibition was inadvertent; and
(b) The defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a [manager of the polling place] that the exhibition was taking place.
[(2A) It is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an Internet web site of a statement or other material specified in that paragraph, if the defendant proves that—
(a) the statement or material was placed on the web site before polling day; and
(b) the defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and
(c) the defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site.]
(3) Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.
November 8th, 2008 at 10:08 am
Thats the difference between you and the rest of us Dave, to most of us its not a game and we wouldn’t drink with people who think fucking our democracy is a sport.
And I’ll be posting whatever the fuck I like because the EFA viloates the Bill of Rights Act and its the duty of everyone to openly defy an amoral law.
[DPF: The ban of election day advocacy predates the EFA and has been with us for decades]
November 8th, 2008 at 10:09 am
You shouldn’t associate with company like that unless you have a little digital recorder in your pocket,
November 8th, 2008 at 10:13 am
So which hair are you going to cut, David.
November 8th, 2008 at 10:13 am
goddam i love election day!!! i just wish i could make the process last longer!
i need like a kama sutra for voting!
November 8th, 2008 at 10:17 am
Oh well, I guess I find out today whether or not I join the mass exodus from Aunty Hell’s regime of nitwits? Such is life.
November 8th, 2008 at 10:19 am
“All election advertising and other statements, by anybody including the media, which could influence voters cannot be published or broadcast on election day. For this purpose newspapers published after 6pm on the day before election day are treated as being published on election day.”
3news.co.nz published a story at 11:31 pm last night, which is still displaying today, noting that one leader has more style than the other. On the face of it, this looks like clear breach of the law. I wonder whether it will be prosecuted?
November 8th, 2008 at 10:43 am
So is it legal that at 10.30 this morning – someone called me asked for me by name – and then said “Im calling on behalf of the Labour party and reminding people to get out and vote today” – which was where i hung up.?
[DPF: Yes]
November 8th, 2008 at 10:53 am
How awful calling to remind people to vote, we ought to outlaw that kind of anti democratic nonsense
November 8th, 2008 at 10:59 am
I’m not advertising I’m expressing an opinion David.
Grow some balls or go home.
November 8th, 2008 at 11:09 am
And today I see the cars that ran around with Maori Party Flags flying have changed the flag for the rangitira whatever flag.
Is there a difference, not to my mind but what would the electoral office say?
November 8th, 2008 at 11:15 am
http://www.stuff.co.nz/4753834a11.html
Appalling, I hazard a guess that the labour party was nvolved in this one.
I voted last week for the Mt Albert electorate, Act candidate and National Party vote. By god I hope Hulun gets shafted out of her seat.
November 8th, 2008 at 11:16 am
moderation awaiting…
November 8th, 2008 at 11:28 am
Good *online* election coverage will be on what sites? Any ideas?
November 8th, 2008 at 11:33 am
Does anyone know of an Election Night drinking game!!!!
November 8th, 2008 at 11:34 am
I will be at the SPEIGHTS bar in Temple tomorrow guys, so if anybody is about central London tomorrow pop in. I will be wearing the sexy ACT rosette
November 8th, 2008 at 11:34 am
What does Trotter drink, I bet it’s something like KGB’s or white russians ? I suppose Keith Locke would drink grasshoppers or that Green shit cream de meth.
November 8th, 2008 at 11:38 am
“Had a fun time out drinking last night. A very mixed group with Chris Trotter (wearing a Labour rosette!), Keith Locke (Greens), Joe Hendren (Alliance/NDU) and a couple of UNITE staffers”
You call drinking with that lot fun?
I bet you had to buy all the booze DPF, not one of them would even know how to pay for something out of their own money.
November 8th, 2008 at 11:38 am
We have just had someone mail drop around Tamaki
- A4 full colour vote Labour poster
- personally addressed letter containing a flyer from Labour with negative quotes from John Key
Good to see that although this is highly illegal it doesn’t stop Labour breaking the law.
Apparently look for a guy on a push bike delivering this items this morning. If you see if take a photo and send it to the Nats through DPF
November 8th, 2008 at 11:39 am
Weather report in Bay of Plenty… dunno. Haven’t been outside yet
.
DPF – if memory serves me you post a Drinking Game for the 2005 election?
November 8th, 2008 at 11:48 am
No general debate today due to risk of it breaking election laws.
Was this illegal before the recent act?
November 8th, 2008 at 11:52 am
You do pick some rather odious drinking partners DPF…
November 8th, 2008 at 11:54 am
MODERATED?? Easy tiger.
November 8th, 2008 at 12:11 pm
I’ve been looking up the law regarding influencing people on election day: some rules make sense, many don’t. The Electoral Commission says that you can’t even “communicate with people you know”!
http://kiwipolemicist.wordpress.com/2008/11/08/insane-rules-for-election-day/
November 8th, 2008 at 12:18 pm
Has anyone actually ever been prosecuted for breaches like these?
November 8th, 2008 at 12:20 pm
# dad4justice (4366) Vote: Add rating 3 Subtract rating 0 Says:
November 8th, 2008 at 10:17 am
Oh well, I guess I find out today whether or not I join the mass exodus from Aunty Hell’s regime of nitwits? Such is life.
I can’t help but wonder which particular paradise you will choose as an alternative, and what aspects of that countries politics are so much better in practice?
November 8th, 2008 at 12:37 pm
Ah election day, nice bright sky, every colour green item of clothing I could find including the loudest board shorts I could ever come across in Los Angeles, very exciting.
Dad – tickets at the ready….
November 8th, 2008 at 12:37 pm
Milo: Lay a complaint with the Electoral Commission.
November 8th, 2008 at 12:50 pm
Just back from doing the grocery shopping in Upper Hutt Countdown. The place was busy, which meant that everyone could hear everyone else’s conversations.
Bearing in mind that Rimutaka is a safe Labour seat, if what I heard is correct Labour are in for a towelling. The common theme was that Clark has to go.
November 8th, 2008 at 1:30 pm
just been scrutineering in C/S , very good turnout so far
November 8th, 2008 at 1:46 pm
I posted a series of political posts between 11.30pm and 11.56pm last night. All were therefore “published” on Friday 7 November, but all remain visible today.
November 8th, 2008 at 2:40 pm
Well, I went an voted with my “easy vote” card. No-one bothered to check that it was in fact MY easy vote card that I was using….
And I noted that there was no authorisation statement on the ballot paper. Given that it was full of party logos, I suggest that it was trying to ‘encourage or persuade me to vote for a political party” – so do ballot papers fall foul of the EFA, and shouldn’t the electoral commission be limited to spending < $120k?
November 8th, 2008 at 2:45 pm
I turned up to a polling booth in MT Roskill today in a car of a certain colour and 6 similarly coloured balloons tied to a wiper blade. This caused quite a stir among the local voters. Am I a criminal? If so, good!
November 8th, 2008 at 3:02 pm
The Electoral Commission has nothing to do with the ballot papers
Not for that. For other stuff? Maybe
What were you doing on the 12th of July…
November 8th, 2008 at 3:13 pm
mara: that is legal under s197 of the Electoral Act.
Amongst all the rules for notinfluencing voters on election day it says
“this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in party colours or to a party lapel badge worn by any person (not being an electoral official)”
November 8th, 2008 at 3:15 pm
what about those cards – they were not even barcoded so the srcutineer still had to look up my name in the book exactly the same way as they used to – the only difference was they didn’t have to ask my name – what a bloody waste of money. PLUS then they gave me a Ï voted”sticker – more of my tax dollars spent (as I was heard to mutter near the Labour & Green observers).
As I said to my daughter “I have a dream..” – one day to go.
November 8th, 2008 at 3:16 pm
Viking2 asks:
Yes, there’s a difference. A Maori Party flag references only the Maori Party, a rangatiratanga flag references, well… rangatiratanga and by implication the Maori Party. But since it’s not direct, it’s okay.
As David says, the rule predates the EFA by decades. Party supporters usually get around it by wearing something in the colour of their parties and loitering round polling booths. Party colours only imply the party (someone wearing a red jumper could, for instance, just be a big fan of tomatoes) Since probably 85% of my casual wardrobe is black, all I had to do in 1993 was chuck on something white and I was set
The alternative is to have little or no restriction as they do in Australia, where you walk to a polling booth down a tunnel of corflute signs promoting every party, candidate and leader in the race, harangued by desperate supporters thrusting quaintly named “how to vote” cards at you. Yes, the Australian parties actually try to tell you how to vote, because with their preferential system they try to do deals to thwart democracy by making all their supporters rank the other parties the way the party wants them to, not the way their conscience tells them to. Ain’t democracy grand.
November 8th, 2008 at 3:21 pm
You need a haircut??!!
November 8th, 2008 at 3:24 pm
WraithX asks:
I dunno about prosecuted but certainly persecuted.
In Hamilton in 1993 some particularly ardent supporter of Dianne Yates had managed to monkey their way up a power pole (one of the really tall sort) and attached a sign at a height where it could presumably be read by passing jet pilots (because only the vaguest impression could be gained from street level – if I hadn’t seen thousands of them I probably wouldn’t have known what it was).
Obviously no Labour supporter was game enough to shimmy up the pole on election eve and take it down. It didn’t really worry me, but we had great fun repeatedly ringing up her campaign HQ on election day pretending to be a member of the public, feigning outrage and demanding in be removed immediately. We’d then hang up and imagine the ensuing conversation: “You do, you’re tall!”; “You do it, you’re the campaign manager…” etc
If I’d known NZF had helicopters at its disposal I could have recouped my campaign costs by offering to fly past and hook it off.
November 8th, 2008 at 3:31 pm
No one has answered my question about the best TV channel to watch tonight.
[DPF: I recommend TV One and results will be on electionresults.govt.nz]
November 8th, 2008 at 3:32 pm
Say what you like about Winston but at least he drinks Scotch like me. I could not have one with that little turd Locke as I hate red whine.
November 8th, 2008 at 3:38 pm
“The Electoral Commission says that you can’t even “communicate with people you know”! “ kiwipolemicist
Funny that……..I met a farmer mate on the way out of the polling station, exchanged pleasantries, he asked me how I was. I said, “You know, just getting fatter”. He laughed. I leaned over and whispered “Let’s bloody well vote these bastards out!!”, as I pointed to one of the ladies behind the table wearing a ‘non-specific coloured’ rosette.
Bah, humbug!! This crap is so stupid, the observers are decked out in party regalia…..I can’t proudly display my support for the party/candidate of my choice without breaking the law! It also spoils a good yarn….’non-specific coloured’ rosette, grrrrr.
November 8th, 2008 at 3:38 pm
For those of us outside the country, does anybody know a good website that will have up-to-date coverage?
November 8th, 2008 at 3:52 pm
DPF: I just looked (before you answered) at TV3 and TV1 – TV1 has Simon Dallow, TV 3 has Linda Clark, Jenni McManus (the straight talker) and Matthew Hooton – that seems to be a much more interesting choice for us righties – why do you recommend 1?
November 8th, 2008 at 3:59 pm
Mattyroo. The stranded should be good you will be able to see the whole Liarbour Party commiting suicide en masse around about 9.30 nzdt.
November 8th, 2008 at 4:22 pm
electionresults.govt.nz
November 8th, 2008 at 4:23 pm
A friend of mine had a phone call from a Labour Party member to see if a ride to the polling booth would be appreciated.
Personally I find this objectionable as it is no doubt being done to influence voters. The number to phone was 4777401 Dunedin in order to arrange transport and clearly, this is not what the Electoral Act would be permitting.
November 8th, 2008 at 4:35 pm
I have a feeling that sky-news might be an easy one to watch tonight. It wont have the same old hacks hacking the same old lines, and given they have access to all the FOX stuff from the US election they might have some interesting graphics and stuff. Anyway, I’m going to give it a shot, I’ve heard enough of the Walrus’ voice the last few weeks to last me a year!
November 8th, 2008 at 4:54 pm
[DPF: I recommend TV One and results will be on electionresults.govt.nz]
Is that where you’re appearing DPF?
November 8th, 2008 at 5:05 pm
What mattyroo asked… streaming coverage fromone of the channels maybe? Or is that too much to ask?
November 8th, 2008 at 5:36 pm
mattyroo,
If you want the results the moment they happen the official elections NZ site is the place to be:
http://www.electionresults.govt.nz/
Results are updated every 60 seconds.
November 8th, 2008 at 6:10 pm
People are welcome to use any of the Election Night Drinking Game props I’ve made.
http://nx-files.spaces.live.com/blog/cns!4EA522A54DE55ECE!318.entry
November 8th, 2008 at 6:56 pm
“Lee C
So teh convention/law is no electioneering on election-day? interesting that anti-Nat flyers miraculously appeared pasted to bus-stops overnight down Titirangi Road then…”
I saw a bunch of young nats and young act helpers putting them up around here (labour ones, presumably so they can claim labour is breaking the law), idiots, if your going to break the law, dont do it wearing your parties top!
“Murray
And I’ll be posting whatever the fuck I like because the EFA viloates the Bill of Rights Act and its the duty of everyone to openly defy an amoral law.”
Let me know when your court appearance is then, I want to laugh in your face when you get convicted.
“Mike78
So is it legal that at 10.30 this morning – someone called me asked for me by name – and then said “Im calling on behalf of the Labour party and reminding people to get out and vote today” – which was where i hung up.?”
Really not a good day for National in chch, I had some Nat staffer, or someone in thier call centre or something ring me up and do the same.
“# LabourDoesntWork
No general debate today due to risk of it breaking election laws.
Was this illegal before the recent act?”
Yes, it’s always been illegal to electioneer on election day.
“Spam
Well, I went an voted with my “easy vote” card. No-one bothered to check that it was in fact MY easy vote card that I was using….”
Thats standard, its bad form requiring people to have ID to vote, not every one has a licence or passport.