Vice-regal acquiescence - Kawana MLA and other minority 'winners' sworn in on 20 March, but Surfers Paradise to be informed by May by-election?

[Jim Stewart]

Hi to all still concerned about democracy and the law.

Again I'll keep this short, but invite you to acquiesce, or to respond to
this e-mail.  So far I've had 3 responses but no opting out, so I am
following my recent e-mail with more information.  OK?

Last Monday, I asked: What should  His Excellency do before he's expected to
swear in MLAs who got fewer votes than required by democracy, and by law?
Whatever it was, it didn't stop him!

The good news is best put as a question:  How will voters choose replace Bob
Borbidge as MLA for Surfers Paradise in May 2001?  The answer can be "With
an expression of the will of an informed Surfers Paradise electorate."  Any
suggestions for ways to inform them of the democratic truth are welcome.

Regards, and looking forward to more replies - by phone is fine

Jim Stewart
ConferACTion - Less Busy for more Business

Phone:+617 3411 7646
Mobile: 04 1427 4420 (voice-mail)

Title: COPY OF THE OFFICIAL RESULTS FOR KAWANA ELECTORATE

COPY OF THE OFFICIAL RESULTS FOR KAWANA ELECTORATE.
As at 23/02/2001 signed by the Kawana returning officer M P Stubbins
(with notes exposing unlawful "Optional Final Counting")

Candidates First Pref 1st Excld 2nd Pref New Totals SAVAGE 4524     CUMMINS 10065 1311 11376 3 LAMING 9023 1133 10156 Total valid 23612 1   21532 4 Pref Dist   2444   Exhausted   2080 2 2080 Informal 478   478 Tot Pref & Exhausted   4524   Grand Total 24090   24090 Diff 2nd Pref Cmns > Lam   178

We don’t know how many Labor or Liberal supporters voted just [1] in Kawana, but we know 2080 One Nation (Savage) supporters did, because the official results shows their 2080 exhausted ballots suddenly removed from the final count, and the Labor candidate (Cummins) has been ‘returned’ by the ECQ as the ‘winner’, despite having fewer votes than required. Note that being returned as the ‘winner’ by the ECQ does not mean Mr Cummins has been elected.  It just means that the ECQ is trying to rig a marginal seat.  The return submitted to the Governor of Queensland by the Electoral Commissioner, Des O’Shea does not show the evidence of 2080 disenfranchised One Nation supporters, or that Mr Cummins has fewer votes than required by democracy and by law. To see how the ECQ hoped to get away with this, we need to look carefully at the Kawana results and try to follow it from the first column, but expect to be deceived! ‘Total Valid’ is 23,612 in the First Pref column, because 23,612 formal ballots were cast.  Not shown is the 50% + 1 needed for a majority, which comes to 11,807. Thus Mr Cummins needed 1742 2nd preferences (11,807 – 10,065), not 1311. Because 2080 Nation supporters did not give 2nd preferences to either of the remaining candidates, neither got the necessary 11,807. Mr Cummins 1311 2nd preferences, gave the ‘New Totals’ figure of 11376. By removing the 2080 exhausted ballots from the ‘Total Valid’ vote, the ‘New Totals’ shows only 21532 ‘valid’ votes, and 11376 is more than 50% of 21532!

 The Electoral Commissioner, Mr O’Shea was alerted on 12 February, to the absence of any authority for this ‘Optional Final Counting’, but has yet to respond.

The deceptive words “remaining in the count” in Section 119(8) in the Electoral Act, 1992 Qld) imply ‘Optional Final Counting’ of ballots of voters who voted just [1], is authorised, but there is no authority.  Mr O’Shea’s failure to respond indicates acquiescence to this fact.

 Disenfranchising voters after their ‘valid’ votes are included in a ‘first’ count, to deceive the Governor of Queensland, and thousands of Queensland voters, into believing ECQ ‘winners’ have democratic majorities, is clearly not democratic.  Nor is it, or can it ever be, lawful.

One authority for saying Commissioner O’Shea’s actions are not lawful is Chief Justice of the High Court, His Honour Murray Gleesen, who said on ABC radio last November: "The democratic and lawful means of securing change, if change be necessary, is an expression of the will of an informed electorate."  Electorates deceived about “Optional Final Counting” are misinformed, NOT informed electorates!

Another authority for saying the Electoral Commissioner’s actions are not lawful is the Anti Discrimination Act 1991, Section 101, which provides that discrimination in any government program whatsoever is unlawful.  Discrimination by deceitfully removing ballots after the first count, and because voters do not give 2nd preferences to remaining candidates, is more than just unlawful.  It is criminally corrupt, and Commissioner O’Shea’s acquiescence to challenges to his authority, implies he also knows this. It is mischief, fraud, and probably treason!

This evidence of election rigging has already been provided to the office of the Governor of Queensland, but is so far not being acknowledged.  When he learns what is happening, he must do his sworn duty. Clearly the right thing is to promptly issue new writs for Kawana and other such electorates, and bring to account those responsible for deceiving us all.

 Many of those responsible are probably outside the ECQ, but it at least is accountable to the CJC, as well as the Governor.

There are many things you can do to express your reaction to this evidence of ECQ corruption, but please start by sharing it with others, like Jim Stewart, the author of these notes (07 3411 7646, or 04 1427 4420) and the Governor of Queensland.  The e-mail address and fax of office of the Governor are [EMAIL PROTECTED] and 07 3858 5701.