Why are territory votes only counted in the national majority in a referendum, and could this ever change?
Section 128 of the Australian Constitution sets out specific rules for referendums. It explains that for a referendum to be successful, it must be approved by a double majority. This means it needs support from a majority of voters across the nation, and also from a majority of voters in a majority of states.
Votes from people who live in the Australian Capital Territory and the Northern Territory are counted in the national majority, but not in the majority of states. This is because the Constitution refers specifically to states when calculating the second part of the double majority.
There are 2 ways this could be changed. The first would require a successful referendum to alter the wording of section 128 to allow a majority of voters in a majority of states ‘and territories’ to approve the proposed law. The second would be for the territories to become states. This is possible under section 121 of the Constitution but requires the approval of the Australian Parliament.
Voting in a referendum
Australian Electoral Commission
Voting in a referendum
Australian Electoral Commission
Description
A voter placing their ballot paper into a ballot box in the 2023 referendum. A referendum is a vote by the Australian people on a proposed change to the Australian Constitution. In a referendum, voters write 'yes' or 'no' on their ballot paper to indicate if they agree with the proposed change to the Constitution or not. Like in a federal election, votes are secret. A ballot box guard wearing a purple vest stands next to the ballot box to safeguard the box.
Permission should be sought from the Australian Electoral Commission (AEC) for third-party or commercial uses of this image. To contact the AEC email: media@aec.gov.au or phone: 13 23 26.