In the 2010 Australian election,
Mark Latham urged Australians to
vote informally by handing in blank ballot papers for the 2010 election. He also stated that he feels it is unfair for the government to force citizens to vote if they have no opinion or threaten them into voting with a fine.
[39] An Australian Electoral Commission spokesman stated that the Commonwealth Electoral Act did not contain an explicit provision prohibiting the casting of a blank vote.
[40] How the Australian Electoral Commission arrived at this opinion is unknown; it runs contrary to the opinions of Chief Justice Sir
Garfield Barwick, who wrote that voters must actually mark the ballot paper and deposit that ballot into a ballot box, and Justice Blackburn who was of the opinion that casting an invalid vote was a violation of the Act.
[38]
Tim Evans, a Director of Elections Systems and Policy of the AEC, wrote in 2006 that "It is not the case, as some people have claimed, that it is only compulsory to attend the polling place and have your name marked off and this has been upheld by a number of legal decisions."
[41] Yet, practically, it remains the fact that having received a ballot paper, the elector can simply fold it up and put it into the ballot box without formally marking it, if the elector objects, in principle, to casting a vote. However, the consistently low number of informal votes each election indicates that having attended, had his or her name marked off, very few electors then choose not to vote formally.