Suspicion about the results of our elections is an existential threat to our country. Confidence comes from having strict auditing and checking procedures. We’ve seen that these auditing, checks and system are not fit for purpose. One Nation is asking for those deficiencies to be rectified.
Senate Estimates Questioning:
- Australian Electoral Commission Part 1
- Australian Signals Directorate
- Australian Electoral Commission Part 2
Transcript
As a servant to the people of Queensland and Australia, here we go again. Yet again the Labor Party are about to sit comfortably in the laps of the Liberals and Nationals to vote through measures that are in both of their own interests. Just yesterday I spoke of this parliament being dysfunctional to the point of being a crime scene. The very next day here we are watching the proof unfold again before our very eyes.
For those watching at home and wondering why One Nation did not use these electoral bills to introduce actual electoral reform, the answer is simple: the way these bills were written. There is one bill per topic and they include a long description that prevents One Nation from introducing amendments that move outside of that very narrow, restrictive scope.
If the government and Labor wanted to join three bills together and vote in one line, they should have produced the three bills as an omnibus bill that One Nation and the crossbench could have amended—and the legislation badly needs amendment. Senators Wong and Birmingham are once again making a mockery of the democratic process—dodgy siblings doing another dirty deal behind closed doors. When are we going to start writing numbers on the perspex screens so we can distinguish between the Liberal-Nationals and Labor! The Joint Standing Committee on Electoral Matters made 27 recommendations towards more fair and effective elections. The ‘Lib-Lab duopoly’ has again rushed legislation before the Senate to implement a grand total of three of those recommendations, none of which does anything to ensure the integrity of our electoral process.
The Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Bill 2021 pretends to do something about multiple voting. In the last three elections, the Australian Electoral Commission reviewed thousands of case of multiple voting and referred a few hundred of those to the Australian Federal Police for prosecution, who made the decision to prosecute none of them. Not one person has been prosecuted as a result of the ordinary operations of the Electoral Act despite recommendations to do so and despite that law being on the books for a very long time. That may be why the government has chosen to abandon the legal system and refer multiple voting to the Administrative Appeals Tribunal. Yesterday we saw cybercrime warrants being moved from the criminal court system to the administrative court system; today we have multiple voting moving over as well. One Nation is uncomfortable with the growing power of the Administrative Appeals Tribunal and with the whole concept of having two court systems. Criminal courts are founded in biblical and common law; administrative courts have no such higher purpose to be called on for guidance.
The Electoral Legislation Amendment (Party Registration Integrity) Bill 2021 is clearly an attempt by Lib-Lab to knock out smaller parties and entrench the power of the status quo. I hear the anger on social media over this measure, yet I have some questions in return. Should a multimillionaire be allowed to use his wealth to buy political influence through the United Australia Party? The requirement to have 500 supporters is not going to slow down a very wealthy individual, yet a requirement to have 1,500 supporters will—unless that party actually has grassroots support. This legislation is saying to Clive Palmer, ‘Put your supporters where your mouth is, not where your money is.’ There is criticism from some new parties who should be more worried about themselves. If you start fact-checking the memes you are spreading, and start offering voters evidence based policy, perhaps 1,500 may be more achievable. I understand that Senator Lambie too is in opposition to this bill. This raises a good question for the government—oops, the Lib-Labs—to answer: why is it 1,500 voters for registration in a populous state and 1,500 in Tasmania? Shouldn’t it be some percentage of registered voters in that state?
The Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021 makes a number of small changes to voting. These have been mentioned by other speakers and I will not review those here. How will all these changes affect the integrity of our elections? Well, we don’t know. We don’t know now and we won’t know afterwards because our elections are not audited. My interest in election integrity started in January 2021, following the US presidential election. My office was inundated with people asking about whether election fraud, such as it was in the United States, could be happening in Australia. The problem is not whether election fraud is happening; the problem is that people think it is happening. Confidence in election outcomes is central to democracy.
The restrictions around COVID have people at boiling point. Small business closures, job losses, high-handed bureaucrats and politics have reduced many people to desperation. The next election will be a powder keg. It is essential to ensure that, whatever the result, the public can accept it and move on. Suspicion of the outcome can be easily fuelled and turned into violence by those who seek to manipulate the result for their own ends. We cannot let this happen. It is for this reason that New South Wales and Western Australia have provisions in their electoral acts to audit state elections.
New South Wales conducts an audit before each election to ensure systems are fit for purpose and then audits again after each election to ensure integrity and to see what can be improved for next time. Western Australia audits after every election.
The Commonwealth Electoral Act 1918 does not have audit provisions. In February, I started asking questions of the Australian Electoral Commission, the AEC. To be honest, I expected to hear that auditing was under control given the reputation the Australian Electoral Commission claims it has. That’s not what I found. The Australian Electoral Commission told me in Senate estimates that the Australian Signals Directorate had conducted an audit of the Australian Electoral Commission’s software. The next day in Senate estimates I asked the Australian Signals Directorate if they had done that audit and the answer was a clear no. The Australian Electoral Commission tried to conflate the security audit conducted by the Australian Signals Directorate with an audit of software and systems to pretend our software was being audited and, by extension, was fit for purpose. It has not been audited. The election software is not fit for purpose.
So why did the Australian Electoral Commission make a false statement or imply a false statement? The Australian Signals Directorate looked at potential intrusions into the system, both electronic and physical. Following the audit, the Australian Signals Directorate proceeded with an uplift program designed to harden the AEC network. I call that a fail. If your systems were audited for cybersecurity and the outcome was a comprehensive uplift program to improve your security then clearly the system failed the audit. What else would fail an audit at the Australian Electoral Commission?
In the May Senate estimates I asked the Australian Electoral Commission simple questions. When did the Australian Signals Directorate audit happen? The Australian Electoral Commission declined to answer. What was actually audited? The Australian Electoral Commission gave no useful response. What was the result of the audit? The Australian Electoral Commission declined to answer. What changes to the Australian Electoral Commission’s systems have been made in the uplift program? The Australian Electoral Commission declined to answer. Could the Australian Electoral Commission guarantee that the uplift program would render the Australian Electoral Commission computer system fit for purpose? The Australian Electoral Commission responded that nobody could ever guarantee their systems are fit for purpose. Let that sink in. Nobody could ever guarantee their systems are fit for purpose—the Australian Electoral Commission admitted it.
It is disturbing that such an audit could happen behind closed doors without direction or without structure. It is more disturbing still that this program has no legal basis in the Australian Commonwealth Electoral Act. We should not have to rely on the admirable conscientiousness of the Australian Signals Directorate. We should be able to rely on the completeness of our legislation. We need it fixed. It must be fixed.
Then I looked at other issues around election integrity. First up was a simple question: is the electronic data file containing each vote ever compared back to the paper ballot after the vote has been adjudicated? That answer is no. At no time is the electronic record of a vote checked back against the paper ballot. Senator Birmingham and the Australian Electoral Commission have assured us that there is a check, yet when we peer through the veil of language deliberately calculated to obfuscate no such check is happening, contrary to the minister’s response. The only time this happens is when a ballot is disputed and a paper ballot is pulled out for scrutiny. After the ballot is adjudicated, there is no further check.
These votes are sitting for up to a month in a system that failed an Australian Signals Directorate security test. Data integrity requires that a final audit be conducted immediately before declaration of the poll by pulling paper ballots out at random and comparing them back to the electronic record and vice versa. It’s one day’s work for all the counting staff as they finish their regular counting. It will not delay the result. It will guarantee that the system has not been compromised accidentally or by a malicious party.
My second question was on the accuracy of the voter rolls. The Australian Electoral Commission used to check the accuracy of their rolls by conducting residency checks.
Before this system was discontinued in 1995, those checks revealed a significant number of false registrations: people who had left the country, people who had died and people who had moved. Most of the incidences of multiple voting stem from voting in their old location and their new location: double voting. This legislation does not address that problem. How can anyone say that the voter roll is accurate if they never check it?
My third question is on the software algorithm at the Senate scanning centre that allocates preferences. The Australian Electoral Commission publishes what is basically a data dump of the raw vote count. Leading cryptographers, led by Dr Vanessa Teague, from the Australian National University, have written a check routine to test the preference flow against the published result. Their finding was that the Senate preference flow was correct, so we know this this aspect of the Australian Electoral Commission software works. Why it is up to the university academics to write complicated software at their own expense and on their own time to audit our elections? Since when did the government decide to crowdsource its job? So, what next? A GoFundMe page to pay for it?
This is why next week I will introduce into the Senate the Commonwealth electoral amendment (integrity of elections) bill 2021. This bill requires a preaudit of the Australian Electoral Commission systems prior to each election to ensure the systems are fit for purpose. It requires an audit after the election, as New South Wales and Western Australia require and as the ACT proposes. We propose an audit of the electoral roll and voter ID: voter identification. In short, this bill will audit the elections and the voter. Then we will all have confidence in the next election result.
After decades of this Lib-Lab parliament, people are starting to see how parliament is failing our country. The Lib-Lab duopoly, though, is desperate to continue its hold on a parliament that has a record of decades of not serving the people of Australia. We, though, are keen to restore parliamentary democracy. We have one flag, we are one community, we are one nation.
