Section 44: Could Parry Peril Unelect McKim?

Warning:  Section 44 has now reached Wonk Factor 5/5.  

The Section 44 citizenship crisis affecting the Federal Parliament has reached a new level of electoral law murkiness today with the news that a Tasmanian Senator, Senate President Stephen Parry, is investigating whether he may be a UK dual citizen by descent.  Parry's father was born in the UK but moved to Australia as a child.  If it turns out Parry is ineligible, he is expected to resign from the Senate immediately, and following a referral the High Court would presumably follow the precedents set in Re Canavan regarding Barnaby Joyce and Fiona Nash and give him the flick.

That might all be the straightforward end of proceedings.  The possibility of a special count for Parry's seat (a recount of all votes as if the departing Senator had died before the poll) creates new problems in dealing with the replacements for ineligible Senators.   The reasons for this concern two unusual features of the Tasmanian Senate count: the very high rate of below-the-line voting and the extremely close result for the final seat.  Incumbent Nick McKim (Green) held off Kate McCulloch (One Nation) by just 141 votes.  McKim should have been re-elected easily but the Greens vote was damaged by the successful campaign to save Lisa Singh, who had been dumped to a normally unwinnable position by her party.  

New England By-Election: Prospects And Polls

Seat: New England (Nat vs Ind 8.5%, Nat vs ALP 16.5%)

By-Election 2 Dec 2017

Incumbent: Barnaby Joyce (Nat)

Main opponents likely to include Rob Taber (IND) and ALP candidate

Former incumbent and 2016 opponent Tony Windsor (IND) not contesting
Outlook: High chance of comfortable Nat retain

With the date of the New England by-election set it's time for a general prospects and polls post that I will update through the campaign as opportunities arise.  I may be pretty slack about this as Queensland will be a higher priority and I have a lot of other stuff on at the moment.  I won't be doing live coverage on the night because of previously booked air travel, but there will be a postcount thread if it is needed.

Circumstances and history

The New England by-election follows the disqualification from office of incumbent Deputy Prime Minister and National Party leader Barnaby Joyce, who was found to be in breach of Section 44 of the Constitution because he was a dual citizen of New Zealand by descent, despite having been born in the electorate of New England.

Section 44 Strikes, But The Government Hasn't Lost Its Majority Yet

Many news sites have now claimed that, in light of today's dramatic Section 44 disqualification of Barnaby Joyce from Parliament by the High Court, the beleagured Turnbull government has now lost its majority.

This is an exciting claim, but it isn't actually correct.

Pending the holding of a by-election for the seat of New England, the government will, when the House of Representatives next sits, hold 75/149 seats, with one vacant.  74 seats will be held by other MPs.  75 is larger than 74.  75 is larger than half of 149.  75 divided by 149 is 0.5033557... .  It is more than 0.500000.

The government's new and very temporary position is no different mathematically to that of the Cook Liberal government in 1913, which won 38/75 seats.  The Cook government is widely referred to as having had a one-seat majority.

Glenorchy: What Happens If Most Of A Council Quits While It's Suspended?

Welcome to Glenorchy City Council.  You can be checked out any time they like, but you can never leave.

That was the vibe following recent developments in an already strange and long-running Tasmanian local government dispute, one that is daily creating newer and more exotic flavours of political-law popcorn for electoral ambulance-chasers like me.  My sympathies are with the poor ratepayers of Glenorchy, who are becoming literally poorer ratepayers as they are required to support this niche entertainment as it drags on into season after season.

To begin partway through about book six of Glenorchy Game of Thrones, the GCC has long been wracked with factional strife and hackery (which has often crossed state party lines in odd ways) despite having, at times, some very well regarded Mayors.  The 2014 election saw a team headed by then one-term alderman Kristie Johnston run on an agenda to "clean up Glenorchy and clean out the council".  They were endorsed by Denison federal independent MP Andrew Wilkie - not normally one to put his name to anybody else's bid - who denounced the existing Councillors in no uncertain terms.

Fifth anniversary!

Today is the fifth anniversary of me, as one observer had it, "ragequitting" Tasmanian Times and starting this site.  This Blogger site was something I set up just to make sure I had a new home right away, but as it's turned out, as basic as Blogger is in some regards, I haven't seen a compelling reason to move.

Sometimes people ask me why this site just bears my name, rather than being called something snazzy like "The Poll Bludger" or "The Tally Room".  I have simply not come up with any alternative name that I am happy with.  At one stage I was tempted by "The Morning Mist", after a fantastic old quote from Sir Joh about polls that "come and go like a morning mist".  But it occurred to me that people would then start unkindly calling it The Morning Missed whenever I got something wrong, and besides the name would have at least one unsavory connotation in German.

Marriage Law Survey Turnout Is High ... But Not That High!

(This article is being progressively updated through the survey - KB)

The first release of turnout estimates from the Australian Bureau of Statistics for the same-sex marriage postal survey has created some interest.  The ABS estimates that as of Friday 29 September, 9.2 million survey forms have already been received, 57.5% of all enrolled voters.

The ABS notes that this is an estimate only.  It may not represent the received yes/no vote as not every single one of the forms submitted will be valid (some small percentage may be posted back deliberately blank, for instance, or even with both boxes ticked.)  It is also unclear to me whether this estimate is based in some sense on a count of forms or on a count of envelopes, since there could well have been some cases of multiple forms being posted back in the same envelope, or of empty envelopes being posted (heck, I used to do this to junk-mailers who included a reply-paid all the time).  It also doesn't include anything that has been posted but was still on its way to ABS as of Friday.  So the figure is likely to be at least a few percent short of the number who have now voted.

Legislative Council 2017: Pembroke By-Election

This is my preview article for the by-election for the Legislative Council seat of Pembroke.  Incumbent Vanessa Goodwin resigned the seat today, Monday 2 October, and already we have two declared candidates, one possible candidate and at least one party likely to endorse a candidate.  The by-election will be held on Saturday November 4, with nominations closing on October 12 and announced the next day.  The winner will have the seat for just 18 months before they will need to defend it.  (I am unsure yet if I will have live coverage of this by-election on the night, as it clashes with a field trip.)

My most recent piece about the voting balance in the Legislative Council was here, but since that was written, Labor's Sarah Lovell unseated "independent liberal" Tony Mulder in Rumney.  As a result, three Labor MLCs and four left-wing independents now have a blocking majority in the Legislative Council.  Throw in a couple of relatively centrist MLCs who only vote with the government a shade more often than not, and the government is having great trouble getting its most contentious legislation through.  It's not all doom, gloom and obstruction for them though, with a bill to speed up the kunanyi/Mt Wellington cable car assessment process recently sailing through with only one vote against.  

Divergence In The Queensland Polls Is Caused By Preferences

Newspoll 53-47 to Labor, ReachTEL 52-48 to LNP - what gives?

A Queensland state election is coming soon, possibly very soon.  Electoral history tells us little of what to expect here. First-term state governments are usually returned, as are state governments that are of the opposite party to the party in power federally.  However, the former might not apply when the government was elected almost accidentally, and the latter is most at risk of falling over when a government has been a messy minority regime.  But if we turn to polling for the answers, whether the Palaszczuk government is cruising or crashing depends on which pollster you ask.

Through 2017 there has been a major divergence between the media-commissioned polls of ReachTEL and those by the Galaxy stable (sometimes branded as Galaxy, sometimes as Newspoll).  Three media ReachTEL polls have all shown the government trailing in the two-party-preferred contest (47% in February, 49% in June and 48% just now.)  Three Galaxys and a Newspoll have all shown the government ahead (51% February, 52% May, 51% August, 53% July-September quarterly).  On average, that's a 3.75-point two-party difference between the two stables, way too large over so many polls to be explained by chance or fluctuations from month to month in support.  Either the truth is somewhere in the middle and an election now would be extremely close, or somebody is right and someone's wrong.