Is It Illegal Not to Vote in Australia? The $20 Question, Answered

Compulsory voting is one of those Australian habits that surprises visitors and occasionally annoys locals. Standing in a queue on election morning, you might wonder whether you actually have to be there. The short answer is yes, you do. The fine for skipping it is smaller than most people fear, and the process for explaining yourself is more forgiving than you might think.

Voting is part of the law

Australia has required its citizens to vote at federal elections since 1924. It is not a suggestion. If you are an eligible Australian citizen, you are expected to enrol and to turn up on polling day. The same idea applies in most states and territories for their own elections, each with its own rules and its own penalty.

The country keeps it this way on purpose. When voting is compulsory, the people who make the laws are chosen by nearly everyone, not just by the slice of the population that feels strongly enough to show up. That is why Australian elections run on such high turnout, and it is a point of pride for many people even when they grumble about the leaflets.

What happens if you do not vote

If the Australian Electoral Commission does not see your name marked off at a federal election, you will receive a notice asking why you did not vote. This is not an automatic fine. It is an invitation to explain yourself, and you can respond in writing or online.

If the reason you give is accepted, that is the end of it. If you do not have a reason, or the one you give is not accepted, you can pay the penalty, which is currently $20 for a federal election. That modest figure is where the “$20 question” comes from.

What you want to avoid is ignoring the notice. If you do not reply and do not pay, the matter does not quietly go away. It can be referred on, and once court fees and a larger penalty are added the cost grows well beyond $20. The cheap and easy path is to answer the letter, whether you have an excuse or not.

Most excuses are accepted

The AEC is not trying to catch people out. Valid reasons for not voting include being ill on the day, being away from your electorate, being in hospital, being affected by a natural disaster, or holding religious beliefs that stop you from voting. If your reason is genuine and you explain it honestly, it is usually accepted and nothing more happens.

There are also options for people who want to vote but cannot make it to a polling place on the day. Early voting centres open in the weeks before an election, and postal voting is available for those who qualify. You do not have to line up on the Saturday if it genuinely does not work for you.

You do not have to like the choices

Plenty of Australians are unimpressed by the options on any given ballot paper. The law does not require you to be enthusiastic. It requires you to attend.

If you turn up and have your name marked off, you have done what the law asks, even if you lodge an informal ballot paper or none at all. A blank or spoiled ballot is not counted towards any candidate, but your name is still marked and you have met the attendance requirement. Some people treat that as a quiet protest. As far as the law is concerned, the point is that you showed up.

Showing up matters

Election day is a few minutes of your time once every few years, and it is one of the few things that treats every adult the same. Even if you hate the how to vote cards and the queues, the system works best when everyone is in it. So roll up, get your name marked, grab a sausage on the way out if that is your tradition, and you have done your part.

Sources: Australian Electoral Commission (aec.gov.au); Parliament of Australia (aph.gov.au).