Judd v McKeon [1926] HCA 33

Judd v McKeon [1926] HCA 33

Section 1284(12) of the Commonwealth Electoral Act 1918-1925 is valid under section 9 of the Constitution. Political disagreement with all available candidates does not constitute a valid and sufficient reason for failing to vote under section 1284.

Parties
Defendant: Ernest Edward Judd; Informant/respondent: Bernard George McKeon
Jurisdiction
Australia
Judgment Date
11 October 1926
Procedural Posture
Criminal Appeal / Appeal to the High Court From a Court of Quarter Sessions of New South Wales
Outcome
appeal dismissed
Legal Topics
Compulsory Voting, Valid and Sufficient Reason, Parliamentary Powers, Method of Choosing Senators
Constitutional Law Electoral Law Compulsory Voting Valid and Sufficient Reason Parliamentary Powers Method of Choosing Senators

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Parties

Ernest Edward Judd

Defendant

Bernard George McKeon

Informant/respondent

Procedural Posture

Criminal Appeal / Appeal to the High Court From a Court of Quarter Sessions of New South Wales

Legal Issues

  1. 1 Whether section 1284(12) of the Commonwealth Electoral Act 1918-1925 is a valid exercise of the Parliament's power to prescribe the method of choosing Senators
  2. 2 Whether the defendant's stated reason for failing to vote constitutes a 'valid and sufficient reason' within section 1284

Ratio Decidendi

Section 1284(12) of the Commonwealth Electoral Act 1918-1925 is valid under section 9 of the Constitution. Political disagreement with all available candidates does not constitute a valid and sufficient reason for failing to vote under section 1284.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.