Electoral Law in a Digitial Age explores the underpinnings of contemporary Australian democracy by examining electoral law in practice against the backdrop of Australia’s political institutions and legal system. It ranges from exploring the legal principles that govern running elections in Australia through to contemplating the ways in which democracy is under threat in a modern era.   

The course will consider a range of different aspects of public law in practice. For example: the constitutional and legislative backdrop to the entitlement to vote, qualification to run for parliament and political communication, the administrative law principles at play in party registration and redistribution processes and the regulatory enforcement of money in politics. The position, influence and oversight of other players in our electoral and political system will also be examined, such as the courts, people (including through referenda), ministers and their advisors. There will also be the option to consider contemporary pressures (misinformation/disinformation, foreign interference and social media) and draw on comparative perspectives. 

In the first part of the course, we will focus on the theories, actors, and historical and contemporary tensions that underpin the study, practice and coherence of electoral law in Australia with a particular focus on representative democracy and equality of participation. This will include considering the development of 'the Australian ballot', exploring the system of representative and responsible government including the make-up of the legislatures and systems of voting across Australia and contemporary tensions about the roles of non-elected officials such as Ministerial advisors.  We then move to develop and apply our understanding of substantive electoral law as well as proposals for legislative reform. Examples of these areas include: qualification of members and Senators, the implied right to vote, the implied freedom of political communication, regulating political communication, donations, party registrations, redistributions and the role of Courts in elections. 

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Critically assess, evaluate and develop oral and written arguments about the different mechanisms used to implement elections in Australia.
2. Research, interpret and synthesise electoral law sources, including legislation and case law, to address electoral law issues.
3. Critically reflect on the underlying constitutional, administrative law and institutional frameworks that influence the operation of elections.
4. Evaluate and review the accomplishments and shortcomings of the Australian electoral system through a critical and/or comparative lens.

Recommended Resources

Recommended readings will be available on Canvas.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU Law School Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the course , History and representative Democracy ,The right to vote ,Qualification, Electoral administration introduction, Electoral administration discussion,2025 election – themes (including prior redistributions and recounts),	In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource, and they should not be taken as a substitute for regular online attendance. If a recording does fail, there is no guarantee a replacement recording will be provided. This course is taught over four days, 9am-5pm, Saturday and Sundays 6-7 & 13-14 September 2025.
2	The role of the courts, Ministerial advisers and the broader system, Party registration and merits review, Funding and disclosure (FAD), Implied freedom of political communication cases, Authorisations regime
3	Misleading and deceptive conduct, Truth in political advertising, misinformation/disinformation and AI, Presentation
4	Referendums, Presentation

Tutorial Registration

There are no tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	02/10/2025	1
Oral Presentation	20 %	*	02/10/2025	1,2,3,4
Research Essay	70 %	09/10/2025	*	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Canvas’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law, Governance and Policy considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class Participation

Details of Task: Engagement and contribution during class, supporting collaborative discussion and peer learning.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Due Date: Ongoing.

Estimated return date: 2 October 2025

Assessment criteria:

• Quality of contribution to class discussion, demonstrating understanding of the material and issues
• Engagement in group and individual exercises, showing comprehension of explored issues
• Willingness and ability to provide constructive feedback to peers after presentations

Assessment Task 2

Oral Presentation

Details of Task: 15-minute individual presentation with written summary or presentation slides provided.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Submission Requirements: Submission must be through Turnitin in a word processing file format (.doc, .docx) or power point file format or equivalent. Electronic copies in .pdf file format are not acceptable. 

Due Date: Presentations will take place during class days 3 and 4 (Saturday 13 and Sunday 14 September 2025), with the write-up due 5pm, Monday 22 September 2025. Due to the nature of the task, late submission or extension is not permitted.

If you are unable to present on the day due to extenuating circumstances and have documentation, please contact your convenor.

Extenuating circumstances that may warrant approval may include, but are not limited to:

- medical reasons (student injury, illness or medical condition);

- family/personal reasons (family injury or illness, bereavement);

- cultural or religious commitments; where a cultural or religious event conflicts with the scheduled tutorial.

Please note that approval will not be given for work related reasons.

Estimated return date: 2 October 2025

Assessment criteria:

• Demonstrates understanding of the context and issues involved in the chosen topic
• Enhances the audience’s understanding of the topic
• Indicates the contribution expected in the essay
• Shows initial exploration through relevant research
• Presents critical and constructive analysis of available material and commentary

Assessment Task 3

Research Essay

Details of Task: A comprehensive analysis on a legal topic, requiring engagement with cases, statutes, and scholarly literature.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Word limit: 5,000 words, The ANU School of Law excess word penalty policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Referencing requirements: Footnotes must be used, compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Thursday 9 October 2025. Late submission without an extension is permitted, although late penalties will apply.

Estimated return date: Results for non-standard sessions will be released approximately one month from the course end date.

Assessment criteria:

• Demonstrates a sophisticated understanding of the context and issues involved in the chosen topic
• Enhances the reader’s understanding of the topic
• Makes an original contribution to scholarship or commentary
• Uses extensive, relevant, and considered research
• Provides critical and constructive analysis
• Conforms to the Australian Guide to Legal Citation

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (handwritten assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

• Late submission is not accepted for tests or examinations.

• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

A resubmission refers to the act of re-uploading a submission for an assessment task after an initial submission has already been made. This typically occurs when a student realises they have submitted an incorrect or incomplete document and wishes to upload the correct version.

Resubmissions are permitted up to the due date and time without penalty. After this point, any resubmissions will incur the relevant late penalty with no exceptions.

If you need to request that your original submission be deleted in order to resubmit, please email enquiries.law@anu.edu.au. Do not contact your course convenor directly regarding this matter.

Please note: If a task states that no late submissions are permitted, then resubmissions will not be accepted under any circumstances after the due date and time.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students