Will the Territories ever be part of the State majority in a referendum?
Thanks for your question, Ellie.
As you know, territory voters are only included in the national majority of all eligible voters at a referendum, and not as part of the majority of states. This is because section 128 of the Australian Constitution says a referendum is passed if it is approved by a majority of all the electors voting “in each State and Territory” and a majority of voters “in a majority of the States”.
There are two ways by which this could change in the future. 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.
People voting in Alice Springs.
Australian Electoral Commission
Description
Three people complete their election ballots at voting booths.
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