Australian federal election, 2013

House of Representatives

Independents: Andrew Wilkie, Cathy McGowan

Senate

The Senate has 76 seats. Forty seats were up for election; six in each of the six states, two for the ACT and two for the Northern Territory. The terms of the four senators from the territories commenced on election day. The terms of the six longest-serving state senators ended on 30 June 2014 and the start of the terms of the new state senators commenced on 1 July 2014, and will last for six years ending on 30 June 2020.

The Senate saw the Coalition government on 33 seats with the Labor opposition on 25 seats, the Greens on ten seats and a crossbench of 8 – Palmer United on three seats, with other minor parties and independents on five seats – the LDP's David Leyonhjelm, Family First's Bob Day, Motoring's Ricky Muir and incumbents Nick Xenophon and the DLP's John Madigan. Muir announced he would vote in line with Palmer United. The initial election saw Wayne Dropulich of the Australian Sports Party win a seat in Western Australia, but the subsequent voiding of the result and ensuing special election saw the Palmer United Party gain a third seat. The Coalition government required the support of at least six non-coalition Senators to pass legislation.

A record number of candidates stood at the election. Group voting tickets came under scrutiny because multiple candidates were provisionally elected with the vast majority of their 14.3 percent quotas coming from the preferences of other parties across the political spectrum. "Preference whisperer" Glenn Druery organised tight cross-preferencing between over 30 minor parties as part of his Minor Party Alliance. Sports' Wayne Dropulich won a Senate seat on a record-low primary vote of 0.2 percent in Western Australia, his party placing coming 21st out of 28 groups on primary votes. Motoring's Ricky Muir won a senate seat on a record-low primary vote of 0.5 percent in Victoria. Family First's Bob Day won a seat on a primary vote of 3.8 percent in South Australia. All three were involved with the Minor Party Alliance. Previous examples of winning with low vote shares include Family First's Steve Fielding in 2004 on 1.9 percent in Victoria, the Nuclear Disarmament Party's Robert Wood in 1987 on 1.5 percent in New South Wales, and the DLP's John Madigan won his seat in 2010 on a primary vote of 2.3 percent in Victoria. Xenophon and larger parties including the incoming government announced they would look at changes to the GVT system.

Western Australia special Senate election

Most Senate votes cast in Western Australia were subject to a formal recount. During the recount it was determined that 1,375 WA Senate ballot papers could not be located. After the final recount the result was duly declared which changed the last two predicted WA Senate spots from Palmer and Labor back to Sports and Green. Mick Keelty, a former AFP Commissioner, was requested by the AEC to investigate the issue of the misplaced ballot papers. On 15 November, the AEC petitioned the High Court, acting as the Court of Disputed Returns, to seek an order from the court that the WA Senate election of all six senators (3 Liberal, 1 Labor, 1 Green, 1 Sport) be declared void. On 18 February 2014, it was announced that the Court of Disputed Returns had found that the result of the Western Australia Senate election should be voided, meaning a fresh election for all six senate vacancies would be required.

The AEC notes that the Court has advised in its written decision issued today that it finds that the only relief appropriate is for the 2013 Western Australian Senate election result to be declared void.......In accordance with the Australian Constitution and the requirements of the Western Australian Election of Senators Act 1903, an election of six senators for Western Australia would occur once a writ has been issued by His Excellency Mr Malcolm McCusker AC CVO QC, the Governor of Western Australia.

On 28 February 2014 it was announced that the half-Senate election in Western Australia would take place on 5 April, which returned 3 Liberal, 1 Labor, 1 Green, 1 Palmer.

Divisions changing hands

Members in italics did not re-contest their House of Representatives seats at this election.

Key dates

On 30 January 2013, the then Prime Minister Julia Gillard had announced the election would be held on 14 September. However, following a leadership ballot in June 2013, she was replaced as leader and Prime Minister by Rudd, who then abandoned the originally planned date. A referendum on amending the constitution to allow the federal government to directly fund local councils, which was initially planned to be held on the same day as the federal election, could not go ahead on the date announced by Rudd. This is because Section 128 of the Constitution of Australia requires that a referendum be submitted to electors between two and six months after its passage through Parliament. As early voting started on 20 August it could not be submitted then.

House of Representatives

At the 2010 federal election, Labor and the Liberal/National Coalition each won 72 seats in the 150-seat House of Representatives, four short of the requirement for majority government, resulting in the first hung parliament since the 1940 federal election. On the crossbench, one member of the Australian Greens, one member of the National Party of Western Australia, and four independent members held the balance of power. After gaining the support of the Greens and three independents on confidence and supply votes, Labor was able to form a minority government with 76 seats, the smallest possible margin in the 150-seat House.

Changes in House numbers

On 24 November 2011, Harry Jenkins resigned as Speaker of the House of Representatives and returned to the Labor backbench. Later, that day, Deputy Speaker Peter Slipper was elected Speaker and quit the Liberal National Party to become an independent. This changed nominal confidence and supply numbers on the floor of the house from 75–74 to 76–73. In January 2012, Andrew Wilkie withdrew his guarantee of confidence to the incumbent government, changing numbers to 75–73 in the event of his abstention, or 75–74 in the event of his support for a vote of no confidence in the government. In April 2012, Labor's Craig Thomson moved to the crossbenches as an independent MP, and in May, WA National Tony Crook moved from the crossbenches to the Nationals, but did not join the Coalition. Changes brought the government to 71 seats, the Coalition 72 seats, and seven crossbenchers. On 9 October 2012, after an unsuccessful vote of no confidence in the speakership, Slipper resigned as Speaker and was replaced by Labor Deputy Speaker Anna Burke. Slipper remained an independent MP.

Senate

Before the election, the 76-seat Senate was made up of senators from the Coalition (34), Australian Labor Party (31), Australian Greens (9), Democratic Labour Party (1), and one independent senator, Nick Xenophon. The Greens held the sole balance of power. Previously the Greens had held a shared balance of power with the Family First Party and Xenophon.

Of the 76 Senate seats, 40 are contested. This corresponds to half of each state's allocation as well as both senators from the two major territories. Newly elected state senators commenced their terms on 1 July 2014 and the senators of the territories began their terms immediately after their elections.

Election period

On 30 January 2013, at a speech at the National Press Club, Prime Minister Julia Gillard announced the election would be held on Saturday 14 September 2013, although the Governor-General was not formally advised and no writ of election was issued. Kevin Rudd succeeded Julia Gillard as Prime Minister on 27 June 2013.

The Broadcasting Services Act 1992 was checked by various commercial broadcasting media outlets and media councils as a result of Gillard's announcement. The Act says, in part,

"Election period" means:
(a) in relation to any other election to a Parliament – the period that starts on:
– (i) the day on which the proposed polling day for the election is publicly announced; or
- (ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on the polling day for the election;

and

PART 2
b. (i) If, during an election period, a broadcaster broadcasts election matter, the broadcaster must give reasonable opportunities for the broadcasting of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.

This is interpreted as "equal time, over time" rather than equal time in the same broadcast, and that this requirement began with the announcement on 30 January 2013.

Retiring MPs and senators

The terms of Members of the House of Representatives who did not renominate ended at the dissolution of the parliament (5 August 2013).

The terms of Senators who did not renominate ended on 30 June 2014, unless they represented the Australian Capital Territory or the Northern Territory, in which case their term ended on the day before polling day (6 September 2013). That date also applies to territory senators who contest the election but are defeated.

Members and senators who chose not to renominate are as follows:

Independent

Labor

Liberal

LNP

National

WA Nationals

Electoral events timeline

Campaign

The incumbent Labor-led government argued for a need for a "safe pair of hands" to manage an economic shift from mining-oriented growth to something else; while the opposition said that it would prevent a recession that could be caused by a budget deficit. The Sydney Morning Herald suggested both arguments hedged on the mining boom going bust. Rudd officially began the campaign season on 1 September in his hometown of Brisbane. At the rally, he promised tax breaks for small businesses and more work for local contractors on infrastructure projects. He said: "In this election, we are now engaged in the fight of our lives. It is a fight about the values that underpin Australia's future, a fight about our vision for Australia's future. It's a fight about how we go about building Australia's future, a future for the many, not just for the few." He also dismissed the opinion polls that showed him trailing to Abbott in gaining a parliamentary plurality.

Result commentary

The Labor Party recorded its lowest two-party preferred vote since 1996 and lowest primary vote since 1931. Kevin Rudd announced his resignation as party leader and confirmed he would not run again in the subsequent leadership election.

With Nova Peris's victory in the Senate election in the Northern Territory, she became the first Aboriginal woman to be elected to parliament. WikiLeaks founder Julian Assange failed to be elected to the Senate after running in Victoria, with his Wikileaks Party garnering 0.62% of the popular vote. Former Queensland premier Peter Beattie, standing in the Liberal-held seat of Forde, also failed to enter parliament.

In an unprecedented outcome in Australian electoral history, the Senate result in Western Australia was declared void after the loss of over 1,300 ballot papers, necessitating a fresh election for the Senate in that state.

Reactions

The Coalition had campaigned on a tough stance on asylum seekers who came to Australia by boat (as had the Labor Party in the final weeks leading up to the election). Immediately after the election, Abbott reiterated his party's promise and announced that his new government would begin Operation Sovereign Borders – which would turn back any vessels carrying asylum seekers – as soon as possible. He also confirmed he would abolish the carbon price that was introduced by the Gillard Government, as well as lower foreign aid by A$4.5 billion.