Tuesday, October 29, 2019

Migrants Voting For One Nation and UAP? (Plus Some Polling Comments)

A Few Pointed Words About Polling

Before I start this article, a quick four paragraphs regarding polls, in lieu of a formal roundup.  Firstly and mainly for Tasmanian readers, there has been some (disappointingly uncritical in some cases) media coverage of a poll commissioned by The Australia Institute (Tas) concerning proposals for a Tarkine National Park.  Unfortunately the poll is simply totally unsound.  It uses a loaded preamble that gives arguments for one side of the debate, quantifying a claimed total clearance area while not quantifying how much of the area included is really old growth or rainforest, and further leading the respondent with a comment about claimed community and business support for a National Park.

Having been presented with just one side of the argument, respondents may well be led to give the answer that suits the sponsor, or may well be driven to just hang up if they don't agree with the statements made.  The poll report also provides no data whatsoever on other questions asked, disconnection rates or on the methods and extent of any weighting used to obtain the final results.  The question design also fails to establish whether any support for a National Park would be in addition to some logging activity or as an alternative to it.  Maybe voters really do support a Tarkine National Park of some kind, maybe they don't (the risible voter support for the Greens in Braddon in recent years is not the most promising sign)

I have been trying to write about polling more generally but it is very difficult to get the job done with any motivation when leading pollsters, with the sole exception of YouGov's Queensland polling, have thus far done virtually nothing about the pressing need for a major improvement in polling transparency following the 2019 Australian polling failure.  As such there is no basis for confidence that Newspoll's current picture of a close federal race is in any way accurate (the Coalition's 51-49 leads might really be 54-46 or more, or alternatively Labor might be in front, though that is much less likely.)  And since Essential keeps suppressing its voting intention figures although its unsatisfactory reason for doing so long ago expired, there is no way to benchmark any of its leadership polling, and its issues polls are often problematic.  

Media coverage of commissioned polling also continues to be as awful as before.  Some recent amusing nadirs were rival YouGov poll results being cited and uncritically reported by friendly media on both sides of the NSW abortion debate, and also the Your Right To Know campaign claiming to have Colmar Brunton polling supporting their position, but failing to publish the details of the polling.  If you want to scrutinise it, you can't - you just don't have the right to know.  Media are rightly, if in some cases hypocritically, concerned about laws that can unduly limit what public interest information they are allowed to report. But the claim of media outlets to be servants of the public in reporting public interest information is undermined when they so frequently fail to report relevant information or cautions about their stories when they could and should, largely for reasons of laziness and the back-patting of sources who have fed them material for easy articles.

On to the main course ...

There has been quite an amount of interest in an ABC article by Stephanie Dalzell that claims that migrant voters are increasingly voting for populist right outfits like One Nation and the United Australia Party. Of course, some migrants will vote for these parties, but the article is not a useful contribution to establishing how many.  

Saturday, October 26, 2019

MPs Who Do Not Have Citizesnhip Of New Zeland

Now would I misspell a title twice?  Read on and all will be revealed ...

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Scott Morrison (Liberal, Cook)

Today there was a curious development in the long-running Section 44 citizenship farce.  Margaret Simons in the Guardian reported that Prime Minister Scott Morrison appears to have given incomplete/incorrect citizenship declarations that fail to address a manner in which he could in theory have become a citizen of New Zealand.  That is not to say he is a citizen of New Zealand, but that his explanation of why he is not is apparently wrong, or as Dr Anna Hood puts it in Simons' article, "problematic".

Simons has published that fine print in a change in New Zealand law, passed in 1948 and effective 1/1/1949, conferred full citizenship on then-living females (but not males) who were the offspring of British subject fathers born in New Zealand.  That full citizenship then allowed the offspring of those females to be potentially registered as New Zealand citizens by virtue of being "the minor child of a New Zealand citizen".  If so registered, they would now be ineligible to sit in the Australian parliament under Section 44, unless they had subsequently renounced.  (The British Nationality and New Zealand Citizenship Act 1948 was repealed effective 1 Jan 1978 by the Citizenship Act 1977, but those who were citizens under the former Act at that stage remained so. For this reason as well as Morrison no longer being a "minor child", there is no issue of an existing entitlement to become a citizen.)

Friday, October 18, 2019

The Chisholm and Kooyong Signs Challenges

Updates Nov 6-8

The case, before three judges, is now on, and expected to run for three days, after which the court may well reserve its judgement.  Tweeted coverage is being provided by Josh Taylor of the Guardian and I will link here to other reports of interest that I see.  If anything of special interest comes up I may discuss it at length here.

Nov 6 12:30: Of some interest today is discussion about the signs having said something different to what was intended (as touched on below) - Frost says that he provided an intended meaning but the actual signs when translated said something different.  According to Taylor "Frost said he made no inquiries on election day to make sure the corflutes said what he authorised them to say. Frydenberg and Liu didn't contact him to ask about them on election day" and "Frost says he doesn't know if anyone who proof-read the corflutes before election day speak/read Chinese." (It may be significant here that Liu could read the signs for herself.) However later in his evidence Frost said that the Hotham Liberal candidate, George Hua, checked the signs.  According to Taylor, Frost has also admitted that the corflute was intended to convey the impression that it was an AEC sign.

Under Section 329 (5) "it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead an elector in relation to the casting of a vote." however "Note: A defendant bears a legal burden in relation to the defence in subsection (5) (see section 13.4 of the Criminal Code )." It should be kept in mind that Simon Frost is not on trial for breaching Section 329 at present.

Nov 6 5:10 pm: This verbatim exchange reported by Taylor is notable:

“You intended to convey the impression that this was an AEC corflute, didn’t you?” De Ferrari asked.

Frost, now an adviser to Frydenberg, took a long pause before replying: “It was similar to the AEC colours, yes.”

“So the answer to my question is yes?” De Ferrari pressed.

“Yes,” Frost replied.

During the 2016 campaign Labor's "Mediscare" material resulted in laws being changed to create offences relating to impersonating a Commonwealth body.  Although that is not at stake in this case it will be interesting to see if any complaint might be made under those laws in relation to these disclosures.  I am not familiar with the law in this area though. Graeme Orr on Twitter has noted that the standard of proof required (criminal law) is very high and also that examples given in the explanatory memorandum involve explicit statements of being the same entity (such as use of a false letterhead, etc).

The ABC has a good detailed report.

Nov 7: Very busy today but some quick highlights from Taylor's tweeting.

* Lisa De Ferrari (barrister for the petitioners) has pointed out it is uncontested Gladys Liu knew about the signs.  Her reported argument that Frydenberg knew is unconvincing to me - that people tweeted at him about it and there's no evidence he didn't see the tweets.   Federal parliamentarians, especially major ones, are often tweeted at with all kinds of hostile and ludicrous garbage and would rarely read it all, especially on election day!

* There is mention of the corflute being placed next to AEC material at certain booths (a minority), but not whether any argument is being made about voting patterns in those booths.

* The AEC is arguing that the number of Mandarin/Cantonese-only speakers (as opposed to those with some fluency in those languages and also English) is too small to change the result, and also arguing that voters understand Australia isn't a one-party state and that the AEC wouldn't issue instructions supporting a party.

* Frydenberg's lawyer has pointed out that there are not enough fluent readers in his electorate to change the outcome and has suggested that the case is being brought for other reasons.

Nov 8: Solomon QC for the Liberal Party has, according to Taylor, now said that it was George Hua who prepared the incorrect translation.  Solomon has also said that similar corflutes were used at the Bennelong by-election.

Judgement has now been reserved; there is no indication of how long a decision might take.  I haven't seen anything in the reporting that suggests to me that either result will be overturned but the exact nature of the judges' findings will be of interest.

Meanwhile the Greens have referred the matter of the signs possibly impersonating a Commonwealth body to the Australian Federal Police. 

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Original article

Thought it was time to put up some coverage of the Court of Disputed Returns election signs challenges to the elections of Gladys Liu in Chisholm and Josh Frydenberg in Kooyong.  Frydenberg is facing a distinct Section 44 challenge that has yet to commence.  There has been a fair amount of interest in these challenges so I thought I would post some comments about where I see matters currently.  I am not professionally involved in these cases, which don't seem to have required any advanced voting pattern analysis though in theory the Chisholm one could have done so.

Referral to Federal Court

These challenges were initially heard for directions by a single judge in the High Court but were then referred to the Federal Court.  The High Court has the options under Section 354 of the Electoral Act to hear challenges itself, to refer specific details to the Federal Court or to refer a case to the Federal Court entirely.  It has chosen the latter option.  The case is entirely about interpretation of the Electoral Act and not constitutional issues, and Gordon J rejected the middle option on the grounds that "It is always easier to decide facts in the context of legal questions or other issues and I think it is fraught with danger to split it."

The referral to the Federal Court is inconvenient for observers because transcripts are not automatically available for free online.   There appears to be an application process and a $50 per document fee.  I would like to see changes made so that future CDR cases referred to the Federal Court are automatically treated as public interest cases with documents available online for free as in the High Court. My understanding of the submissions of the parties is limited to what has been reported in the media, which is not necessarily accurate or complete.

Tuesday, October 15, 2019

Psephology And "Total Control"

(Now includes updates for episodes two and three, but I haven't changed the title for site statistics reasons.)

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Episode One

I don't watch a lot of TV drama really (too much else to do).  However, yesterday some tweets regarding electoral situations in the ABC's new political drama "Total Control" attracted my attention and I decided to watch an episode to see what its representation of Australian politics is like.  I may do this for future episodes too, either as updates to this article, or if there is enough material as separate articles.  Warning: spoilers will be posted without restraint and commenters are welcome to post spoilers likewise.

This article and any that may follow it are not intended as reviews as such, though like the reviewers I have noticed that these are tough times for political drama generally as it struggles to keep pace with the outlandishness of the real thing.   Rather, what I'm doing here is purely commentary on whether the series' representations of Australian politics, and especially electoral politics, are accurate.  Some people think such commentaries about fiction are pointless because "it's fiction", but others enjoy political fiction more when they are able to suspend disbelief and think they are watching something that could really happen, and that as such is an insight into our actual political condition.  I don't personally care at all about the plot holes and contradictions already evident in this series, because I wouldn't have watched it except to write about it, but others may find them irritating.

Also in a world where many people take their political cues from dispersed, self-selected and frequently non-credible/biased sources, it's not that unlikely that someone out there who sees something in an ABC drama production will assume that that is how things actually work.  So far as Episode One is concerned, it isn't ...