At the previous election in May 2019, the Liberal/NationalCoalition, led by Scott Morrison, formed government winning 77 seats in the House of Representatives, enough for a three-seat majority,[3] whilst Labor claimed 68 seats and remained in opposition. A further six seats were won by other parties and independents; one each to the Greens, Centre Alliance, Katter's Australian Party and the remaining three by independents forming the crossbench. In the Senate, the Coalition made modest gains in most states and increased their share of seats to 35 overall, whilst Labor remained steady on 26, the Greens likewise on 9, One Nation and Centre Alliance down to 2 each, and Jacqui Lambie and Cory Bernardi's minor parties with 1 seat each. This meant the Coalition required four additional votes to pass legislation.[4]
Composition of parliament
The 46th Parliament was inaugurated on 2 July 2019. By this time the Labor Party had elected a new leader, replacing the outgoing Bill Shorten with Anthony Albanese. Though there were several resignations and departures from members of the House and Senate, few of these changes altered the numbers on the floors of either chamber.
In the Senate, Cory Bernardi's resignation in January 2020 allowed the Coalition to replace him with a Liberal member, increasing their share of seats in the Senate to 36.[5] They retained this figure until Northern Territory senator Sam McMahon resigned from the Country Liberal Party in January 2022, four months before the election. She joined the Liberal Democratic Party on 8 April 2022.[6]
In the House of Representatives, two Coalition MPs (Llew O'Brien and Darren Chester) departed their respective party-room caucuses, though retained their membership of the Morrison Government. The government's share of seats in the House did drop however, when Craig Kelly, the member for Hughes, left the Liberal Party in August 2021 to become an independent and sit on the crossbench. This left the government with a one-seat majority (76 out of 151), though considering the position of the Speaker (who is obliged not to vote to create a majority where none is present), the government functioned from this point to the election in technical-minority status. On 7 April 2022, three days prior to the election being called, Liberal National Party MP George Christensen announced his resignation from the party and thus became an independent, dropping the government to 75 seats at the end of the parliamentary term.
There were two by-elections in the life of the parliament, both in 2020 in the seats of Eden-Monaro and Groom, though in both instances the by-elections were won by the incumbent party. Nick Champion resigned from the House of Representatives in February 2022 to contest the South Australian state election. A by-election was not held for his seat of Spence as it would be too close to the federal election.[7]
Events of the 46th Parliament
Throughout the duration of the 46th Parliament, Scott Morrison remained Prime Minister and leader of the Liberal Party, and in so doing he became the first prime minister to serve a full term without facing a leadership spill since John Howard (1996–2007).[8] Deputy Prime Minister and National Party leader Michael McCormack was challenged twice by his predecessor Barnaby Joyce, unsuccessfully in February 2020 and successfully in June 2021.
The opposition Labor Party elected Anthony Albanese as party leader unopposed, 12 days after Bill Shorten lost the May 2019 election. The Albanese-led Opposition struggled to make an impact in the early days of the COVID-19 pandemic.[9] Albanese's "most significant policy announcement" before 2022 was a commitment to reduce emissions by 43% by 2030 under a Labor government.[10]
In September 2021, legislation was passed to amend the Commonwealth Electoral Act 1918 and tighten rules surrounding the registration of political parties. Changes to party registration rules were reportedly the effect of an increase of parties on the Senate ballot, which resulted in the requirement of magnifying sheets for some voters to read the ballot, and a perception that voters would be misled by names of some minor parties.[11]
The first change was the increase of membership requirements for a party from 500 to 1500.[11][12] This resulted in the federal deregistration of non-parliamentary minor parties who could not prove they had at least 1500 members, including the Christian Democratic Party and Democratic Labour Party in March 2022.[13]
The second change was that parties cannot have names that were too similar to political parties registered before them. This meant that new parties are prevented from registering a party name and/or logo "too similar to an existing party's".[11][12] As for existing registered parties, a party may also object to a similar name and/or logo used by another party, if the latter party was registered later than the former party. If the Australian Electoral Commission (AEC) is satisfied with the objection, it can uphold the objection, and the later-registered party will be deregistered within a month of the upholding, if an application to change the name and/or logo is not made or has been denied.[14]
This "similar name" rule was used by the Liberal Party against Liberal Democratic Party (LDP) and The New Liberals, with both objections upheld by the AEC. This forced The New Liberals to change its name to TNL to be registered and forced the LDP to apply to change its name to the Liberty and Democracy Party.[15] The LDP then withdrew its name change application on 22 March 2022.[16][17] As a result, on 1 April 2022, the AEC gave notice to the party that it would consider deregistering the latter, giving one month for the party to appeal the notice.[18] However, as the writs for the election were issued the following week on 11 April, the party register then would be "frozen" and this meant the party was allowed to contest the election with its current name.[19]
The Labor Party also used the "similar name" rule against the Democratic Labour Party and the objection was upheld by the AEC, but the latter party was eventually deregistered for not meeting the membership number requirement.[20][21]
Party preselection issues
Both the Labor Party and Liberal Party experienced preselection issues, where they were unable to finalise candidates for many of the seats or the Senate as late as early April 2022, less than two weeks before the election was called. This resulted in the intervention by the parties' national executives or nominated committees to select the candidates and bypassing local voting by rank-and-file members.
The New South Wales state division of the Liberal Party was unable to finalise candidates for many seats by March 2022, due to the alleged failure of Morrison's representative Alex Hawke to attend internal Liberal Party nomination review committee meetings and COVID-19 complications resulting in the inability to elect the state executive in November 2020.[22] This has forced the federal executive of the party to temporarily dissolve the state executive on two occasions (4 to 8 March 27 March to 2 April) under the party constitution, and set up a committee to intervene in preselection processes. The committee was made up of Morrison, New South Wales Premier and state party leader Dominic Perrottet and former party president Chris McDiven.[23][24][25] While the state executive was dissolved, the committee was allowed to "hand-pick" party candidates for the election and bypass local pre-selection ballots. It endorsed the preselection of Hawke, minister Sussan Ley and backbencher Trent Zimmerman in their seats on 6 March, and endorsed candidates on 2 April for nine key seats that the party was trying to win, including Warringah, Hughes, Eden-Monaro and Parramatta.[26][27] Some party members sought to challenge the legitimacy of the committee's preselection in court, which would overturn the preselection of Hawke, Ley, Zimmerman and the other nine candidates.[28] On 5 April, the New South Wales Court of Appeal ruled that the court had no jurisdiction to make decisions relating to the constitutions of political parties, thereby ruling the preselection of the 12 candidates valid.[29] The legal challenge was further brought into High Court of Australia for appeal but was dismissed on 8 April, two days before the election was called.[30]
The preselection process in the Victorian branch of the Labor Party had been taken over by the Labor Party National Executive in June 2020 until 2023 as a result of branch-stacking allegations within the party. Voting rights of all members were suspended and candidates would be chosen by the National Executive.[31] In early March 2022, the Labor Senate ticket for Victoria for the May federal election had still not yet been decided. It was reported that Senators Kimberley Kitching and Kim Carr might face preselection challenges and could lose preselection for the Senate ticket in the election.[32] Kitching died from a heart attack a week later, and Carr later decided to retire from the election. On 28 March 2022, the National Executive was able to finalise two new candidates to replace Kitching and Carr, and another candidate for the Division of Holt.[33]
Preselection issues in the Labor Party were not limited to the Victorian branch. On the same day as the replacements for Kitching and Carr were finalised, the National Executive "parachuted" Andrew Charlton into the Division of Parramatta in New South Wales, bypassing a local preselection with three candidates from diverse ethnic backgrounds. This prompted a backlash from local party members and the incumbent retiring Labor member for Parramatta Julie Owens.[34]
Independents
The 2019 election saw the share of the primary vote for the two major parties at its lowest since the Second World War. Electoral law expert Graeme Orr considers the current crop of independent candidates to be a "nascent political movement", sharing resources and strategies across seats, and with similar policy focuses on climate change, government integrity and gender equality. The Voices for Indi supported Cathy McGowan to take Indi from Liberal Sophie Mirabella, inspiring Zali Steggall's campaign and others. Climate 200 is contributing funds to several independent candidates sometimes referred to as "teal independents".[35]
State of electorates
Redistribution
The Australian Electoral Commission is required, one year after the first sitting day for a new House of Representatives, to determine the number of members to which each State and Territory is entitled. If the number in any state changes, a redistribution will be required in those states. A redistribution will be postponed if it would begin within one year of the expiration of the House of Representatives.
Demographic statistics for December 2019 released by the Australian Bureau of Statistics on 18 June 2020 were used to calculate the determination. The population counts confirmed that the number of seats in the House of Representatives was to return to 150, with Victoria gaining a seat (39) and Western Australia (15) and the Northern Territory (1) losing a seat each.[36][37]
The abolition of the Northern Territory's second seat in the determination was controversial.[38] Labor Party senators Malarndirri McCarthy and Don Farrell put forward a private senator's bill which would guarantee the Northern Territory a minimum two seats in the House of Representatives, with the bill referred to the Joint Standing Committee on Electoral Matters.[39] In July 2020, election analyst Antony Green proposed to the Joint Standing Committee on Electoral Matters that the "harmonic mean method" be used to calculate the electoral representation entitlements for the territories.[40] Green also blogged on the history of representation and its applications to states and territories in light of the 2020 redistribution[41][42][43] and his advocacy proved persuasive.[39] In October 2020, deputy prime minister Michael McCormack gave an assurance that the government and opposition would combine to overrule the AEC and maintain the Northern Territory's level of representation. The mechanism by which this would be used to achieved was unclear,[44] however, with Senator Mathias Cormann stating that a two-seat minimum for the territories would be legislated.[45] Mandating a minimum number of seats for the Northern Territory but not the Australian Capital Territory was seen as potentially inequitable, though the ACT's level of representation was not under threat.[39] A 2003 report had also recommended against adopting mandatory minimum entitlements to seats in the House of Representatives for either of the territories.[46]
Ultimately, the Joint Standing Committee recommended "enacting a harmonic mean for allocating seats between states and territories, with appropriate public explanation to build understanding for the reform."[39] The Parliament passed the Electoral Amendment (Territory Representation) Act on 9 December 2020, amending the Commonwealth Electoral Act 1918 to use the harmonic mean method for determining representative entitlements for territories relative to states.[47][48] Consequently, the Northern Territory will retain two seats in the House of Representatives at the next election,[47] an outcome achieved without legislating any mandatory minimum level of representation.[39]
December 2020 determination
State
Seats
Change
New South Wales
47
Victoria
39
1
Queensland
30
Western Australia
15
1
South Australia
10
Tasmania
5
Australian Capital Territory
3
Northern Territory
2
Total
151
In March 2021, the AEC published its proposal for this redistribution, involving the abolition of the Division of Stirling in Western Australia,[49] the creation of the new Division of Hawke in Victoria (named for former Prime Minister Bob Hawke), and the renaming of the existing Division of Corangamite to the Division of Tucker (in honour of Margaret Tucker, "a Yorta Yorta woman, for her significant work to create a more equal and understanding society for Aboriginal people").[50][51] When the AEC published its final determinations in June 2021, the abolition of Stirling[52] and creation of Hawke were confirmed,[53] but Corangamite would not be renamed to Tucker over concerns that it would be vandalised as "Fucker".[54]
Election pendulum (House of Representatives)
Voter registration
Enrolment of eligible voters is compulsory. Voters must notify the AEC within 8 weeks of a change of address or after turning 18. The electoral rolls are closed for new enrolments or update of details about a week after the issue of writs for election.[55] Enrolment is optional for 16- or 17-year-olds, but they cannot vote until they turn 18,[56] and persons who have applied for Australian citizenship may also apply for provisional enrolment which takes effect on the granting of citizenship.[57] A total of 17,228,900 people were enrolled to vote in the election, which meant that 96.8% of all eligible Australians were enrolled on the electoral roll.[58]
Election date
The constitutional and legal provisions which impact on the choice of election dates include:[59]
Section 12 of the Constitution says: "The Governor of any State may cause writs to be issued for the election of Senators for that State".[60]
Section 13 of the Constitution provides that the election of senators shall be held in the period of twelve months before the places become vacant.[61]
Section 28 of the Constitution says: "Every House of Representatives shall continue for three years from the first sitting of the House, and no longer, but may be sooner dissolved by the Governor-General."[62] Since the 46th Parliament of Australia opened on 2 July 2019, it will expire on 1 July 2022.
Section 32 of the Constitution says: "The writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof."[63] Ten days after 1 July 2022 is 11 July 2022.
Section 156(1) of the CEA says: "The date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ".[64] Twenty-seven days after 11 July 2022 is 7 August 2022.
Section 157 of the CEA says: "The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination".[65] Thirty-one days after 7 August 2022 is 7 September 2022, a Wednesday.
Section 158 of the CEA says: "The day fixed for the polling shall be a Saturday".[66] The Saturday before 7 September 2022 is 3 September 2022. This is therefore the latest possible date for the lower house election.
Dissolution of parliament
The election was called by Morrison on 10 April 2022, when he visited the Governor-General advising the latter to prorogue Parliament and dissolve the House of Representatives. The Governor-General accepted Morrison's recommendations, as is the custom in Australia's Westminster system of government.[67][68] The Parliament was then prorogued and the House of Representatives dissolved the next morning.
Election timeline
On 10 April 2022, the office of the Governor-General released documents relating to the calling of the election. The documents set out a timeline of key dates for the election.[67][69]
11 April – 9:29 am: Prorogation of the 46th Parliament
11 April – 9:30 am: Dissolution of the House of Representatives
11 April – Issue of writs
18 April – Close of electoral rolls
21 April – Close of candidate nominations
22 April – Declaration of nominations
9 May – Early voting commences
18 May – Close of postal vote applications
21 May – Polling day; commencement of terms for territory senators
13 June – Last day for receipt of declaration votes
The first leaders' debate was held in Brisbane in front of 100 undecided voters. Moderated by Sky News reporter Kieran Gilbert, Albanese was declared the winner, with 40 votes to Morrison's 35 and 25 still undecided.[74] The first debate had 415,000 viewers.[72]
The second leaders' debate was held at the Nine Studios in Sydney on 8 May. The debate was moderated by 60 Minutes journalist, Sarah Abo, with Channel 9 political editor Chris Uhlmann, Sydney Morning Herald chief political correspondent David Crowe and radio host Deb Knight asking questions of the leaders. The debate was broadcast nationwide on the Nine Network's main free-to-air channel, the network's streaming service 9Now and the websites of the newspapers owned by the network: The Age and The Sydney Morning Herald.[72] The winner of the debate was to be decided through a viewer poll hosted on Channel 9's website. Although 49% of viewers preferred Albanese to be the better prime minister compared to 45% preferring Morrison, the debate was a 50–50 draw.[75] Channel 9's moderation of the debate was subject to widespread criticism, with both Morrison and Albanese shouting over the top of one another and the moderator, and for the technical issues experienced by a web page run by Channel 9 to gather audience opinion. However, it was a ratings success, drawing in 641,000 viewers.[76]
The third and final leaders' debate was held on 11 May on Channel Seven, whose political editor Mark Riley moderated the debate. To determine the winner of the debate, 150 undecided voters were surveyed in key electorates around the country. Albanese was victorious with 50% of the vote, with Morrison getting 34% of the vote, and 16% remaining undecided.[77] Seven's debate was viewed by 811,000 people, the highest viewership of all three debates.[78]
The ABC pushed for a debate on their free-to-air channel, radio and websites in the lead-up to polling day, however, Morrison and Albanese accepted a debate on Channel Seven rather than on the ABC.
Campaign
11 April: Labor Opposition Leader Anthony Albanese was unable to state the cash or unemployment rates.[79][80]
13 April: Labor said they wouldn't commit to an increase in Jobseeker payment after the election if they win.[81][82]
16 April:
Albanese said he would commit to an anti-corruption watchdog should Labor win the election.[83]
Morrison continued to support his "captain's pick" to contest the seat of Warringah, Katherine Deves, despite her comments about transgender people and surrogacy.[86]
First leaders' debate in Brisbane took place in front of 100 undecided voters, with Albanese declared the winner, with 40 votes to Morrison's 35 and 25 still undecided.[87]
21 April: Albanese tested positive for COVID-19 and thus would be unable to campaign in person for seven days.[88]
Pauline Hanson's One Nation party was criticised for running "ghost candidates" in several electorates, who are neither campaigning in the lead-up to the election nor have an online presence. Additionally, many do not live in the electorates they are contesting. One Nation committed to run candidates in all seats.[92]
8 May: Second leaders' debate took place in Sydney.
11 May:
Albanese said that he supported an increase of 5.1% to the minimum wage or an additional $1 an hour, tied to the inflation rate, with criticism from Morrison claiming that it would result in increasing interest rates.[94]
15 May: The Liberal election campaign launch was held in Brisbane, six days before the election, where Morrison promised to allow people to purchase their first home using funds from their superannuation.[96]
18 May:
Albanese addressed the National Press Club.[97] Morrison is the first prime minister since 1969 not to address the National Press Club in the final week of an election campaign.[98]
20 May: Telephone voting rules changed to allow Australians who have tested postive to COVID-19 after 6 pm on the 13th of May to vote via the telephone system.[100]
Preferences
Although ballot preferences are free for voters to decide, political parties usually make agreements as to how they would instruct their voters to rank candidates from other political parties—candidates or political parties that are ranked earlier numerically are said to be "preferenced"—through a "how-to-vote card" distributed by campaign volunteers.[101][102]Pauline Hanson's One Nation has said it will recommend that voters direct their preferences to Labor in five seats—North Sydney, Goldstein, Sturt, Longman, and Bass—all held by moderate Liberals.[103]
The United Australia Party will recommend its voters direct their preferences to the Coalition ahead of Labor in marginal electorates, such as Bass, Chisholm, Dobell, Gilmore, Hunter and Macquarie, as well as all but four seats in Queensland, in addition to preferencing Liberal incumbents ahead of independent challengers in Mackellar and Wentworth. They also recommend its voters put incumbents last in their vote in Western Australia.[104]
The Liberal National Party of Queensland will recommend that those who vote for its candidates direct their preferences to One Nation in the Senate and key Queensland seats.[105][106] The Greens will recommend its voters direct their preferences to Labor ahead of both the Coalition and minor right-wing parties such as the United Australia Party and One Nation for the House of Representatives and Senate, with preferences also recommended to be directed to independents endorsed by the various Voices groups in Liberal-held seats such as Goldstein, Mackellar, North Sydney, and Wentworth.[107]
Candidates
Candidates for either house must have been formally nominated with the Electoral Commission. The nomination for a party-endorsed candidate must be signed by the Registered Officer of a party registered under the Electoral Act. Fifty signatures of eligible voters are required for an independent candidate. A candidate can nominate for only one electorate, and must pass a number of qualifications.
A deposit of $2,000 was required for a candidate for the House of Representatives or the Senate, which is refunded if the candidate is elected or gains at least 4% of the first preference vote.[108][109] Between 10 and 27 days must be allowed after the issue of writs before the close of nominations.[64] At the close of nominations a total of 1,624 candidates had stood for election, of which 1,203 were House of Representatives candidates and 421 were Senate candidates.[110]
The 2022 election features the largest number of Indigenous candidates in Australian history, with four running for the Coalition, eleven for Labor, and seventeen for the Greens.[111]
Parties
The table below lists the parties represented in the parliament at the time the 46th Parliament of Australia was prorogued on 11 April 2022.
The seat of Spence (SA) was vacant following the resignation of Nick Champion (Labor) on 22 February 2022 to contest the South Australian state election. A Senate seat in New South Wales was vacant following the resignation of Kristina Keneally (Labor) on 11 April 2022 to contest the lower house seat of Fowler in the election. A second Senate seat in Western Australia was vacant at the close of nominations following the resignation on 15 April 2022 of Ben Small (Liberal), who had discovered that he was ineligible on the grounds of dual citizenship. Having renounced his New Zealand citizenship, Small was re-appointed on 18 May 2022 and contested the election. George Christensen, previously a Nationals member, did not re-contest the seat of Dawson but ran instead for the Senate for One Nation.
The following Members of Parliament (MPs) and Senators are not contesting the election.
Andrew Laming MP (Bowman, Qld) – announced retirement on 28 March 2021,[124] disendorsed on 12 April 2021 after refusal to withdraw preselection nomination[125]
Most major Australian newspapers publish editorial endorsements in the week leading up to election day.[133] As was the case at each of the past three elections, the majority of such editorials favoured the Coalition, with no papers having switched their endorsement from one party to another since 2019. Among the editorials supporting the Coalition were those of the two major national mastheads, The Australian and Australian Financial Review (AFR), and all but one of News Corp's capital city dailies and Sunday editions. Nine Entertainment Company's metropolitan dailies, The Sydney Morning Herald and the Melbourne-based The Age, both supported Labor, replicating their 2019 stance. Outside of the major media companies, editorials published by The Canberra Times, The Saturday Paper and the Guardian Australia website opposed the Coalition: all three endorsed Labor,[134][135] with the latter also supporting the Greens and teal independents.[136]
Editors generally professed "despondency"[137] at a perceived lack of "broad vision"[138] on both sides, as well as a lack of attention to long-term issues like tax reform,[139] housing affordability,[139] stagnant productivity,[140] and high public debt.[137][141]
Those endorsing the Coalition focused on Morrison's record rather than his platform. While chiding his propensity to "bulldoze[] his way through situations, clumsily handling issues that required a deft touch, a soft word or a steadier hand", The Australian credited Morrison's having "steered a government and his country through the most extraordinary, almost indescribably difficult period of our lifetimes", referring to low numbers of COVID deaths and a strong economic recovery.[138] The AFR contrasted this performance with a Labor "pitch dominated by talking points and unburdened by any substantial policy".[141]
Editors endorsing Labor focused on the issues of climate change and the establishment of a federal anti-corruption commission, judging the Coalition's efforts on both insufficient. For TheAge, "a change of government is needed to begin restoring integrity to federal politics and ... face up to the challenge of climate change."[139]
^ abExcludes the seat of Spence, held by Labor until MP Nick Champion's resignation in February 2022. A by-election was not held before the election.[7]
^Robbie Katter is party leader but is not contesting the federal election or a member of the Commonwealth parliament. Robbie Katter sits as an MP in the Parliament of Queensland for Traeger.
^The Coalition formally comprises the Liberal Party and National Party. Federal parliamentary members of the Liberal National Party of Queensland and Country Liberal Party (Northern Territory) sit in the party room of either the Liberal or National parties, according to the individual members' preference or internal party arrangements.
^Craig Kelly resigned from the Liberal Party in February 2021 and George Christensen resigned from the Liberal National Party in April 2022.
^Robbie Katter is party leader but is not contesting the federal election.