Millions of Australians at risk of a $222 fine and a criminal conviction this weekend: What to do to avoid it

Millions of Aussies could be hit with a $222 fine and risk a criminal conviction if they fail to vote in the upcoming federal election.

Any Australian citizen over the age of 18 who is on the electoral roll and forgets to vote will receive a $20 penalty from the Australian Electoral Commission, which could jump to $222 and even a court date if left unpaid.

More than 18 million Aussies are enrolled to vote in the election on Saturday, May 3, with thousands already having their say at pre-polling centres across the country.

A record-breaking 2.395 million voters have already cast their ballots for this federal election – 400,000 more people than this time in 2022. 

Hundreds of pre-polling centres, operating between 8am and 6pm, opened across the country on April 22 to allow Aussies the chance to cast their vote early. 

April 26 marked the biggest single pre-poll day so for for this election, with 608,400 people casting their votes from across the country.   

There are certain caveats that can excuse people who are unable to vote on May 3, who can vote early either in person or post.

Failure to vote in the upcoming Federal Election may lead to a $20 administrative penalty.

Millions of Australians could be hit with a $222 fine and risk a criminal conviction if they fail to vote in the upcoming federal election (pictured, Queensland police officers)

More than 18 million Aussies are enrolled to vote in the election on Saturday May 3, with thousands already having their say in pre-polling centres (pictured, voters in Sydney in 2019)

The AEC will then send a letter with instructions on how to pay the penalty. 

Some valid and sufficient reasons for not voting on May 3 could include being too ill to make it to the polls, a natural disaster, or some other accident.

If a person believes they have a valid and sufficient reason for not voting they can advise the commission, which will review the reason along with any specific circumstances. 

The Divisional Returning Officer will determine if the reason for not voting is valid and sufficient. 

If the reason is deemed invalid, the AEC will notify the person that they are required to pay the fine – which if left unpaid could up to $222.

Electoral Commissioner Jeff Pope said that while the legislated deadline for postal vote applications is 6pm on Wednesday, it is difficult to service some people who apply that late.

‘If you can vote in-person, that’s what you should do,’ Mr Pope said.

‘Postal vote applications have been open for a month now and we’ve been consistent in encouraging people to apply as early as possible if they need a postal vote.’

Australia is one of only 16 countries that actively enforces mandatory voting 

‘We’ve received more than 2.4 million applications so far. 

‘Clearly most people have listened to our messages, and we thank them for that – including the more than 550,000 people that have already returned their completed postal vote.

‘While we appreciate that for some people in-person voting isn’t an option for their circumstances, Australia does have some of the best in-person voting options in the world with thousands of venues available.’

Mr Pope also advised those who could not make it to the ballot on Saturday to cast their votes early at any of the pre-polling centres.

‘Early voting centres are open today, tomorrow and on Friday – all 570 of them across the country can cater to any of the 150 electoral divisions,’ Mr Pope said.  

‘If you can vote on election day Saturday 3 May then that is what you need to do. If you can’t then you can vote at one of our many early voting centres across the country. 

‘I encourage all voters to consider their circumstances and plan their vote.’

AEC figures reveal 17.23 million Australians were enrolled to vote but only 84.7 per cent of the population made a valid vote, with others casting an invalid or blank vote or choosing not to vote all together. 

The latest polling from YouGov,showed Labor ahead of the in the two-party preferred basis (pictured, Prime Minister Anthony Albanese and fiance Jodie Haydon)

Australia is one of only 16 countries that actively enforces mandatory voting.

In 2016 Darwin man Frank Bost refused to vote on principle and took his case to court.

He pleaded guilty to violating the Commonwealth Electoral Act and was ordered to pay $308 including a fine as well as the Australian Electoral Commission’s legal fees.

A similar thing happened in 2016 to Tasmanian woman Emma Louise Pearce.

Ms Pearce failed to vote at the 2016 federal election and was taken to court by Commonwealth prosecutors.

After telling the court she disagreed with the voting system she was hit with a $180 fine, legal costs, and a criminal conviction.

Polling throughout the five-week race has consistently shown Mr Albanese cement his lead as preferred prime minister over Mr Dutton as the coalition has similarly fallen behind in voter surveys.

The latest polling from YouGov, released on Friday, showed Labor ahead of the coalition by 53.5 per cent to 46.5 per cent on a two-party preferred basis.

Opposition Leader Peter Dutton (pictured) assured his supporters that the Coalition could still win the federal election despite the unfavourable polling results

The Labor party also lead in the two-party preferred basis between 52-48 and 53-47 in four new national polls from Resolve, Essential, Morgan and DemosAU.  

While Labor’s vote slumped from a high 55.5–44.5 in Morgan to 53–47, such a slide hasn’t been seen in any other poll. Labor remains the likely winner of the election this Saturday.  

On Sunday, Mr Dutton assured his supporters that the Coalition could still win the federal election despite the unfavourable polling results.

‘I have no doubt in my mind we can win this election, forget about what you have been told by the ABC, in The Guardian and the other hate media,’ Mr Dutton said.

The coalition needs to gain 21 seats to secure a majority, a figure its leaders insist is still achievable.

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