Early voting
Voting in the referendum is compulsory for all Australians over the age of 18. Image by Lukas Coch/AAP PHOTOS

Vote of no confidence for optional ballot claim


October 13, 2023
WHAT WAS CLAIMED

Voting in the Indigenous voice referendum is not compulsory.

OUR VERDICT

False. Voting is compulsory.

It is being claimed that voting in the Indigenous voice referendum is not compulsory.

This is false. All Australian citizens aged 18 and over must vote in the referendum.

The claim is made in this Facebook post (archived here) in the days before voters go to the polling booths on October 14.

A woman leaves after casting her vote
 Any eligible voter who fails to vote in the referendum without a valid reason faces penalties. 

“Voting is not compulsory,” it reads. 

“We need to expose the fraud.”

The Australian Electoral Commission (AEC) states on its website that all eligible Australian citizens aged 18 and older must enrol and vote in referendums and federal elections.

The requirement comes under Subsection 45 (1) of the Referendum (Machinery Provisions) Act.

If an eligible voter does not have a valid reason for not voting, they will face a $20 administrative penalty.

If they fail to provide a valid reason and fail to pay the fine then they can be prosecuted in accordance Subsection 45 (15) of the Referendum Act.

The post also suggests there is no valid writ for the referendum. This false claim has been previously tackled by AAP FactCheck here and here.

The Verdict

The claim voting in the voice referendum is not compulsory is false.

All Australian citizens aged 18 and over must vote in the referendum.

Those who don’t risk a fine and potential further prosecution.

False – The claim is inaccurate. 

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