Electoral (Administration) Amendment Bill
October 22nd, 2009 at 8:20 pm by David FarrarSimon Power has introduced the Electoral (Administration) Amendment Bill which merges together the Chief Electoral Officer and the Electoral Commission. After the 2011 election, they will also add in the Chief Registrar of Electors.
The new Commission will come into force on 1 October 2010. It will have three Commissioners appointed by the GG on the recommendation of the Minister of Justice. One Commissioner will be the Chairperson. Another will be the Chief Electoral Officer and Chief Executive of the Commission. There can also be a Deputy Chairperson.
The bill provides for the Minister to consult with the parliamentary leaders of all parties in Parliament, before recommending/making appointments.
I don’t regard this as satisfactory. While the current Minister I am sure would not appoint someone objected to by the other parties, the former Government often ignored objections by other parties with regards to their appointments.
I actually believe the three Commissions should be appointed directly by Parliament, and that the Commission should be an “Office of Parliament” not a crown entity. The preamble states this was considered but rejected as not fitting the criteria. I plan to ask under the OIA for documents about why this was so.
I don’t think the Government of the Day should be able to appoint the Electoral Commissioners. The Bill even allows for the possibility that a Member of Parliament could be appointed to the Electoral Commission (which would vacate their seat).
I think the merger is a long overdue idea, and the Bill should 100% go to select committee. But I do hope serious consideration is given to making the appointment of the Electoral Commissioners more independent from the Government of the Day. Either they should be officially appointed by Parliament itself, or there should be a requirement or the Minister to obtain written consent to a recommendation from Leaders representing both 75% of the parties in Parliament, and representing at least 75% of MPs.
Related posts:
- Submission on Electoral (Administration) Amendment Bill
- Electoral (Administration) Bill submissions
- Electoral (Administration) Amendment Bill submissions
- Electoral (Administration) Bill Report Back
October 22nd, 2009 at 9:19 pm
While he’s about it, he should reverse the law change Labour pushed through to let Helen and Winnie off the hook for overspending.
Then, a police investigation could be instigated, and Helen extradited from the USA to face trial here.
As should have occurred in the first place.
We could even get that auditor guy back (kevin someone?) to pursue this through.
Vote:October 22nd, 2009 at 9:32 pm
I understand former Clerk of the House of Representatives David McGee has no objection to the Electoral Commission as an Office of Parliament.
That fits my criteria.
Vote:October 22nd, 2009 at 11:47 pm
Should be an Officer of Parliament on a similar footing to the Auditor General. Clark could not sack the AG though she would have wanted to and her kind should not be able to do the same with the Electoral Commissioners.
Vote:October 23rd, 2009 at 8:34 am
The criteria for appointing could be stricter. For instance, the Electoral Act 1993 has provisions for regulation-making. The consultation required include (s276B):
the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and
the members of Parliament of the political parties whose parliamentary leaders agree with the Minister’s recommendation comprise at least 75% of all members of Parliament.
That would satisfy your objection DPF?
Vote: