New Zealand Electoral Law Overhaul Sparks Rights Concerns

Government Defends Changes Amidst Attorney General’s Warning

Prime Minister Christopher Luxon is standing firm on his government’s proposed electoral law reforms, despite a stark warning from Attorney General Judith Collins that the changes could violate human rights and prevent over 100,000 citizens from voting.

Proposed “Outdated and Unsustainable” Reforms

The right-wing administration unveiled plans to modernise electoral laws, which they argue are no longer fit for purpose. Key proposals include shutting down voter enrolment 13 days before election day, reintroducing a complete ban on prisoners voting, and forbidding the offering of food, drink, or entertainment within 100 metres of polling stations.

Attorney General Raises Bill of Rights Concerns

In a report submitted to parliament, Judith Collins indicated that the government’s plan “appears to be inconsistent” with New Zealand’s Bill of Rights. Specifically, she highlighted potential infringements on the right to vote and freedom of expression. The Attorney General noted that in the 2023 election, nearly 134,000 people updated their electoral districts during the voting period, and almost 97,000 registered for the first time then, suggesting a significant number could be disenfranchised by a tighter enrolment deadline.

New Zealand’s electoral reform plans could breach human rights law and disenfranchise voters, warns Attorney-General #RNZ #nzpol #election https://t.co/YjLqK00k3C

— RNZ Politics (@rnz_politics) March 30, 2024

Collins suggested that setting the registration deadline closer to election day, between one and seven days prior, would impose “less onerous limits on the right to vote.” She further pointed out that special votes, which are more common among younger voters and in Māori, Asian, and Pasifika communities, could be disproportionately affected by the proposed changes.

Calls for Increased, Not Restricted, Voter Turnout

Opposition parties have voiced strong criticism, accusing the government of undermining democracy. Duncan Webb, Labour’s justice spokesperson, stated, “As a country we should be encouraging voter turnout and making changes to support that – not shutting them out.” He added, “This is an appalling change that will make it harder for a lot of people to exercise their democratic right.”

Prisoner Voting Ban Also Under Scrutiny

Regarding the proposed ban on prisoner voting, Collins argued that it would disenfranchise individuals who retain the right to vote and “cannot be justified.” Prime Minister Luxon acknowledged the Attorney General’s statutory duty to review legislation against the Bill of Rights, stating that the government would carefully consider the advice received.

Globally, nations are grappling with voter access. For example, in the United States, varying state laws on voter registration deadlines and absentee ballot rules have frequently led to legal challenges and debates about voter disenfranchisement, underscoring the sensitivity of electoral processes.