Hi. Do you have questions about Australia's upcoming postal survey on same-sex marriage? Same.
![Hi. Do you have questions about Australia's upcoming postal survey on same-sex marriage? Same.]()
Lukas Coch / AAPIMAGE
BuzzFeed News has the answers to the most common questions people are asking about the postal survey. We will update this post frequently as more information comes to light.
We've split the questions up into: a) postal survey logistics; b) the High Court challenge against the survey; and c) the political background. We won't be including day-to-day coverage of the postal survey in this post, unless it pertains to a direct answer to a common question.
If you have a question you'd like us to answer, or have noticed something interesting happening around the postal vote in your neck of the woods, email lane.sainty@buzzfeed.com.
POSTAL SURVEY LOGISTICS
![POSTAL SURVEY LOGISTICS]()
Tracey Nearmy / AAPIMAGE
I'm just after the bare bones. What dates do I need to be aware of?
So far, the government has provided the following dates:
- Enrol or update your details by August 24.
- Ballots sent out from September 12.
- You can request replacement material if it is lost or spoiled, up until 6pm on October 11.
- Australians "strongly encouraged" to return forms by October 27.
- Last date to return forms is November 7.
- Result announced on November 15.
How can I make sure that I get to vote?
Enrol or check that your details are up to date with the Australian Electoral Commission (AEC) here. Look, everyone's doing it:
What question will we be answering?
"Do you support a change in the law to allow same-sex couples to marry?"
Do I have to vote?
No. Unlike usual Australian elections or referendums, the postal survey is voluntary and you will not be fined for not voting.
Who is running the Yes and No campaigns?
In the Yes camp, expect to see: The Equality Campaign; Australian Marriage Equality; Getup; just.equal; Pflag; the Labor Party; the Australian Greens; and unions. Plus, former swimming star Ian Thorpe!
In the No camp, expect to see: The Anglican and Catholic churches; the Australian Christian Lobby; Marriage Alliance; the Australian Marriage Forum; and the Australian Family Association. They are under the new umbrella organisation "The Coalition for Marriage". Plus, former prime minister John Howard!
Why are you calling it a postal survey? Isn't it a vote? What happened to the "plebiscite"?
This is...complicated, and largely because it is being run by the Australian Bureau of Statistics (ABS), not the AEC. The "postal survey" language is taken directly from the Australian Bureau of Statistics memorandum. Legally, it is a survey, because the ABS only has the authority to collect data from Australians, not to run a vote or an election. And it is being run via the post, therefore, "postal survey".
Hang on. Why is the ABS running the vote and not the AEC?
We have put this question to the government on two occasions and not received a direct response. So who can say, right? But here is some commentary that offers interpretations in Fairfax Media and The Conversation and on the ABC.
If it's being run by the ABS, rather than the AEC, does that mean the responses will be demographically weighted according to the population?
No. Finance minister Mathias Cormann advised BuzzFeed News that responses would be counted on a one person, one vote basis.
If the Yes vote wins, will same-sex marriage will be legal?
It's not quite that simple. A bill still needs to pass the parliament for same-sex marriage to become legal, no matter what kind of vote/survey is held ahead of it.
If a Yes vote is returned, the government will allow its MPs a conscience vote (meaning they can vote however they like) on a private members' bill for same-sex marriage. Many governments MPs have pledged to follow the result of the postal survey, but others have said they will ignore it or just use it as a guide.
Given the numbers in the parliament, it is very likely — but not guaranteed — that a same-sex marriage bill would pass the parliament if the government allowed a conscience vote.
What if the No vote wins?
If the No vote wins, the government will not allow a conscience vote on a bill for same-sex marriage and continue to block any legislation for same-sex marriage coming forward.
It's worth noting here that Labor has said it will legislate for same-sex marriage within 100 days of winning government even in the event of a No vote.
Will Australians get to see the same-sex marriage bill before taking part in the postal survey?
No. Mathias Cormann told BuzzFeed News the legislation would be considered after the vote and that "the question is self-explanatory". However, groups on both sides of the debate are unhappy about this and want the legislation to be released so they know the extent of religious exemptions that might be proposed. (This is essentially the bakers-baking-a-gay-wedding-cake debate.)
How much is the postal survey costing taxpayers?
$122 million.
Will taxpayer money be spent on the Yes and No campaigns?
The government is not officially funding the Yes and No campaigns. However...there is a loophole that allows politicians to use their electoral office budgets to print material supporting either campaign, and politicians on both sides have already told BuzzFeed News they plan to use it. You can read more about that here.
Will there be regulations around advertising?
In Question Time on Thursday, prime minister Malcolm Turnbull laid out the protections the postal vote would be subject to:
"The protections that will be in place for the postal plebiscite will include all the protections under the telecommunications legislation, which makes it an offence to tamper with the mail. It will be covered by the protections under the Census and Statistics Act, which makes it an offence to provide false or misleading statements. And, of course, the Criminal Code itself contains multiple offences which would prohibit a person from interfering with the collection of statistics, including making it an offence to obstruct, hinder, intimidate or resist a Commonwealth official in the performance of their functions."
However, it will not have the protections contained in the Electoral Act, which prevent the distribution of misleading or deceptive material. Fairfax Media reported that Mathias Cormann has made an offer to Labor and the Greens to work on legislation pertaining to the postal survey that would introduce those protections, so stay tuned.
I'm an overseas voter. What should I do?
You should sign up as an overseas postal voter and register your overseas address with the AEC.
As of August 13, the advice for overseas voters was: "The Australian Bureau of Statistics is conducting the Australian Marriage Law Postal Survey and is currently finalising the survey process, including supporting participation by all eligible Australians (including those without access to mail, vision impaired, overseas etc). The ABS will provide details when they are available."
I'm a silent voter. What should I do?
Silent voters are people who do not have their addresses listed on the electoral roll for personal or safety reasons. This group includes prominent people — such as, ironically, politicians, and also judges and celebrities — and also people who need privacy for safety's sake, including victims of domestic violence or stalking.
The government has said silent voters will definitely be able to participate. However, there is some confusion about how this will happen, because under the law the AEC cannot release the addresses to the ABS. Again, the ABS has said it will provide further detail when it is available.
I am in some other kind of complicated voting situation. Help?
The ABS has a dedicated information line for the postal survey. You can call 1800 572 113 with questions, seven days a week, from 8am–8pm AEST.
I saw an article saying 16 and 17 year olds might be able to vote. Can they?
Some people have speculated that treasurer Scott Morrison accidentally enfranchised 16 and 17 year olds in his directive to the ABS, which defined an "elector" as a person who:
(a) enrolled on the Commonwealth electoral roll at the end of 24 August 2017; or
(b) who has made a valid application for enrolment on the Commonwealth electoral roll before the end of 24 August 2017.
The (very short version of the) theory goes that 16 and 17 year olds can make valid applications to be on the electoral roll before turning 18. They just can't vote in elections — but there's nothing saying they can't vote in a postal survey. You can read the long version of the theory here in an excellent blog post by Stephen Murray.
The AEC and Cormann watered down the speculation, saying it was not correct because 16 and 17 year olds are only "provisionally" enrolled until they turn 18.
However, some people maintain that the government and the AEC are mistaken in their reading of the law, and that the directive as it stands definitely allows 16 and 17 year olds to vote in the postal survey. Again, Murray has laid out the legal case here on his blog.
It's an interesting stoush, but either way: the government can change the directive any time it pleases. So if it turns out that the language does allow 16 and 17 year olds to vote, it's likely the government will just adjust it so they can't.
The latest directive from the ABS says that only people who have turned 18 by August 24 are allowed to vote: "People who become eligible for enrolment after the 24 August, for example for those who turn 18 after 24 August, will not be on the roll and therefore not included in the survey."
Can I put glitter in my return envelope?
You probably shouldn't. The ABS has warned that any extra material in the envelope other than the survey response will be destroyed and "due to processing machinery or possible contamination, may result in the survey form also being destroyed and therefore not processed".
HIGH COURT CHALLENGE
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MP Andrew Wilkie (left), Felicity Marlowe and Sarah Marlowe at the High Court in Melbourne.
Tracey Nearmy / AAPIMAGE
Look can I just get a 101 on this?
Of course. The postal survey is currently subject to two legal challenges in the High Court, both brought by supporters of same-sex marriage who object to the national vote. Broadly speaking, the challenges argue that the government does not have the power to spend money on the postal survey without passing legislation, and that the ABS does not have the authority to collect the information the government is asking it to.
If the court decides in favour of the legal challenges, there will be no postal survey and the government will not allow same-sex marriage legislation to come forward. If it decides in favour of the government, the postal survey will go full steam ahead.
What are the important dates?
The two cases will be heard together by the full bench of the High Court on September 5 and 6. The hearing is scheduled to run for one and a half days.
There has already been one hearing before Chief Justice Susan Kiefel on August 11 at which the dates where set down. There will be another brief hearing on August 16, starting at 12 noon.
When will we know the result?
At or after the hearing on September 6.
Isn't that date awfully close to September 12, when the ballots will be posted out?
It is! I wish I had more to type to reassure you, but I don't. The timeframe is just super tight.
OK I want to know more. Who is involved in the cases?
The two suits are known as M105 and M106 (this is the number the court assigns to the cases after they are filed).
The litigants in M105 are independent MP Andrew Wilkie, Shelley Argent from PFLAG, and Victorian mum-of-three Felicity Marlowe, represented by the Public Interest Advocacy Centre. Their lead barrister is Ron Merkel QC.
The litigants in M106 are advocacy group Australian Marriage Equality and Greens senator Janet Rice, represented by the Human Rights Law Centre. Their lead barrister is Katherine Richardson QC.
What are the legal arguments?
To go back to basics: normally, in order to spend money, the government has to pass legislation through the parliament. This rule exists so the government can't go mad with power and spend all Australia's taxpayer money with no checks and balances.
In this case, the Senate rejected the plebiscite twice — so in normal circumstances, the government could not spend money on it. However, there are some special circumstances under which the government can spend money without passing legislation. In this case, the government is using a section of the Appropriations Act called the Advance to the Finance Minister:
This allows Cormann to allocate up to $295 million for expenditure that is urgent and unforeseen.
Some of the issues likely to be raised and contested in court include:
- Whether the postal survey counts as an "urgent" and "unforeseen" event, as the Appropriations Act requires.
- Whether the government has exceeded its executive powers.
- The definition of "statistical information" and whether it includes people's opinions about same-sex marriage.
- The powers of the ABS more broadly.
What does the government say?
The government says it is very confident that it has the power to conduct the vote. It's precedent? A telephone survey of 60,000 Australians about the national anthem in the '70s.
In 1974, the Whitlam government commissioned the ABS to survey 60,000 Australians about what the national anthem should be and whether it should be changed. Inexplicably, just over half endorsed changing it to "Advance Australia Fair".
But the fun fact here is after "Advance Australia Fair" was picked, the Fraser government after Whitlam changed it back to "God Save the Queen" and then eventually let everyone have a vote on it in 1977... in a national plebiscite.
Um, OK. So what happened in the directions hearing on August 11?
The parties in M105 and M106 came to an agreement about what happens between now and the actual hearing. Both challenges had filed injunctions, meaning they had requested the court to order the ABS to stop preparing for the postal survey. But the court heard that everyone had agreed the injunction wasn't necessary if the High Court granted a hearing before September 12 — which it did.
In return, the Australian Statistician agreed that the ABS would not post out any ballots or ask Australians for information on the issue until September 12. But it can still prepare for the vote — preparing lists, printing ballots, etc — so if the challenge fails, the postal survey can go right ahead.
Kiefel also set out the dates for the hearings ahead.
POLITICAL BACKGROUND
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Prime Minister Malcolm Turnbull (left) and the Minister for Finance Mathias Cormann.
Lukas Coch / AAPIMAGE