Voting
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People who are serving a sentence in Victoria of less than three years are entitled to enrol and vote in federal elections. People who are serving a sentence of less than five years are entitled to enrol and vote in local council and Victorian elections.
People on remand are eligible to enrol and vote in local, state and federal elections.
There are two ways people in prison can vote. First, by post. Second, at a voting booth set up at the prison by election officials. The prison manager advises the Australian Electoral Commission (AEC) whether a voting booth is required at the prison. People in prison are entitled to become general postal voters, which means they are automatically sent postal voting material at state and federal elections without having to apply for a postal vote. Postal voting is the preferred method for people in prison to vote as the AEC and the Victoria Electoral Commission are moving away from a ending prisons.
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People released from prison on parole can vote in federal elections. People on parole with a sentence, including parole, of less than five years can vote in Victorian and local council elections. All other people who have been released from prison can enrol and vote in local, state and federal elections. It does not matter how long the person was in prison for, why they were in prison, or whether or not they have a permanent address. They just need to be an Australian citizen and at least 18 years old.
Voting
Chapter: 3.8: Imprisonment and the rights of people in prison
Contributor: Amity Mara, Manager – Policy, Advocacy and Projects Fitzroy Legal Service and Monique Hurley, Associate Legal Director, Human Rights Law Centre
Current as of: 1 September 2024
Law Handbook Page: 207
Next Section: Emergency management days
