Electoral Modifiers (No. 2) Regulations 2018

Instrument No. 2 of 2018. Made under the Electoral Modifiers Act 2018. Made by /u/RunasSudo. Made 2018-05-08.

Electoral Modifiers (No. 2) Regulations 2018


                     ELECTORAL MODIFIERS (NO. 2) REGULATIONS 2018

                                                              INDEX
PART 1 — PRELIMINARY....................................................................................................1
   1      Name...........................................................................................................................1
   2      Authority......................................................................................................................1
   3      Commencement..........................................................................................................1
   4      Interpretation...............................................................................................................1
   4A     Repeal.........................................................................................................................1
PART 2 — ELECTION MODIFIERS......................................................................................1
DIVISION 1 — MODIFIERS.........................................................................................................1
   5      Individual election modifiers........................................................................................1
   6      Party election modifiers...............................................................................................2
   6A     Modifier periods..........................................................................................................2
   7      Defaults.......................................................................................................................3
   8      Modifiers not retrospective..........................................................................................3
DIVISION 2 — SCORING OF MODIFIERS.....................................................................................3
   9 Electoral Commissioner's rulings................................................................................3
   10 Review of ruling..........................................................................................................3
DIVISION 3 — CALCULATING OVERALL SCORES........................................................................4
   11     Candidate totals..........................................................................................................4
   12     Party totals..................................................................................................................4
   13     Candidate overall scores............................................................................................4
   14     Percentiles..................................................................................................................4
PART 3 — SIMULATED VOTERS........................................................................................5
   15 Number of simulated voters........................................................................................5
   16 How votes cast by simulated voters...........................................................................5




Made by Electoral Commissioner /u/RunasSudo on 7 May 2018                                                                                i
Electoral Modifiers (No. 2) Regulations 2018




                                               PART 1 — PRELIMINARY

1      Name
       This instrument is the Electoral Modifiers (No. 2) Regulations 2018.

2      Authority
       This instrument is made under section 4 of the Electoral Modifiers Act 2018.

3      Commencement
       This instrument commences on the day after it is approved by both Houses of
       Parliament.

4      Interpretation
       In this instrument, unless the contrary intention appears, all words and expressions
       have the same meaning as they have in the Electoral Modifiers Act 2018 (the Act).

4A     Repeal
       The Electoral Modifiers (No. 1) Regulations 2018 are repealed.


                                      PART 2 — ELECTION MODIFIERS

                                               Division 1 — Modifiers

5      Individual election modifiers
       For the purposes of section 7(1) of the Act, the election modifiers for individual
       candidates are shown in the table below—

        Individual election modifiers
        Column 1                                                        Column 2             Column 3
        Modifier                                                        Period               Weight
        1. Number of bills introduced, or submitted by petition, to     Parliamentary term   15%
           Parliament by the candidate of reasonable effort
        2. Number of bills introduced by the candidate of reasonable Parliamentary term      2%
           effort which pass at least one House
        3. Number of bills introduced by the candidate of reasonable Parliamentary term      1%
           effort which pass both Houses
        4. Number of instances of Question Time (Questions with         Parliamentary term   17%
           Notice) on Reddit where the candidate asked a question
           of reasonable effort
        5. Number of votes in Parliament where a vote was cast by       Parliamentary term   10%
           the candidate (whether for, against, or abstaining)



Made by Electoral Commissioner /u/RunasSudo on 7 May 2018                                               1
Electoral Modifiers (No. 2) Regulations 2018


        Individual election modifiers
        Column 1                                                        Column 2             Column 3
        Modifier                                                        Period               Weight
        6. Number of statements made in debate in Parliament or         Parliamentary term   20%
           the designated crosspost to /r/AustraliaSim of reasonable
           effort
        7. Number of days where the candidate made a top-level          Campaigning period 2%
           post on Reddit of a meme of reasonable effort
        8. Number of days, other than under item 7, where the           Campaigning period 28%
           candidate made a top-level text post on Reddit of a
           campaigning nature of at least 100 words of reasonable
           effort
        9. Number of days, other than under items 7 or 8, where the     Campaigning period 5%
           candidate made a top-level post on Reddit of a
           campaigning nature of reasonable effort


6      Party election modifiers
       For the purposes of section 7(1) of the Act, the election modifiers for individual
       parties are shown in the table below—

        Party election modifiers
        Column 1                                                        Column 2             Column 3
        Modifier                                                        Period               Weight
        1. Total score attained by candidates of the party under item   Parliamentary term   20%
           1 of regulation 5
        2. Total score attained by candidates of the party under item   Parliamentary term   3%
           2 of regulation 5
        3. Total score attained by candidates of the party under item   Parliamentary term   2%
           3 of regulation 5
        4. Number of cabinet measures introduced by that party of       Parliamentary term   25%
           reasonable effort
        5. Total score attained by candidates of the party under item   Campaigning period 40%
           8 of regulation 5
        6. Number of media events approved by the AEC for this          Campaigning period 30%
           item, which were open to all parties and independent
           candidates, which the party was represented at
        7. Number of MPs and Senators from that party                   Parliamentary term   −20%


6A     Modifier periods
       In regulations 5 and 6—
       campaigning period means the period between the issue of the writ for the election
           to which the modifiers apply, and the close of polls in that election;
       Parliamentary term means the period between the most recent opening of
            Parliament prior to the campaigning period, and the close of polls in the election
            to which the modifiers apply.

Made by Electoral Commissioner /u/RunasSudo on 7 May 2018                                               2
Electoral Modifiers (No. 2) Regulations 2018


7      Defaults
       In determining the score in a modifier under this Part in relation to a candidate or
       party, if that modifier does not apply to the candidate or party, the score in that
       modifier in relation to that candidate or party is the 50th percentile of the scores of
       the other candidates or parties in that modifier.
       Example: A modifier relating to participation in Parliament does apply to a candidate who was not a
       Member of Parliament during the time that the modifier applied.

8      Modifiers not retrospective
       In accordance with section 8 of the Act, the electoral modifiers in this instrument do
       not apply to activity undertaken or things done prior to that modifier becoming a
       modifier.


                                      Division 2 — Scoring of modifiers

9      Electoral Commissioner's rulings
       (1)     The Electoral Commissioner has discretion in determining whether an action
               taken or thing done which is covered by this Part contributes to an electoral
               modifier.
               Example: The Electoral Commissioner has discretion in determining whether an action taken or
               thing done is of ‘reasonable effort’.
       (2)     The Electoral Commissioner must publish, in real time, a list of all actions taken
               and things done which has been determined to contribute to the electoral
               modifiers in this Part.

10     Review of ruling
       (1)     If, under regulation 9(1), the Electoral Commissioner does not determine that a
               particular action taken or thing done by a candidate or party should contribute to
               an electoral modifier, that candidate or party may request that the Electoral
               Commissioner review that determination.
       (2)     The Electoral Commissioner must then consider the request and decide
               whether to—
               (a)     uphold the determination under review; or
               (b)     vary the determination under review.
       (3)     If the Electoral Commissioner errs in upholding the determination under review,
               and that error substantially disadvantages the candidate or party with respect to
               the outcome of the election, that candidate or party may petition the Court of
               Disputed Returns under Part XXII of the Commonwealth Electoral Act 1918.
       (4)     Except as provided by subregulation (3), the decision of the Electoral
               Commissioner under subregulation (2) is final.




Made by Electoral Commissioner /u/RunasSudo on 7 May 2018                                                    3
Electoral Modifiers (No. 2) Regulations 2018


                                 Division 3 — Calculating overall scores

11     Candidate totals
       (1)     At the close of polls, the Electoral Commissioner must, for each candidate
               modifier, rank each candidate and calculate the percentile value for that
               candidate in that modifier.
       (2)     The Electoral Commissioner must then calculate the candidate total for each
               candidate by multiplying each percentile value for that candidate in each
               candidate modifier by the weight of that candidate modifier, and summing the
               results.

12     Party totals
       (1)     At the close of polls, the Electoral Commissioner must, for each party modifier,
               calculate the scaled score by linearly scaling the score for each party in that
               modifier (the raw score) such that for each modifier—
               (a)     a raw score of 0 equates to a scaled score of 0; and
               (b)     the highest raw score attained by any party in that modifier equates to a
                       scaled score of 100.
       (2)     The Electoral Commissioner must then calculate the party total for each party
               by multiplying each scaled score for that party in each party modifier by the
               weight of that party modifier, and summing the results.

13     Candidate overall scores
       For each candidate, the Electoral Commissioner must, after complying with
       regulations 11 and 12, calculate the overall score for that candidate by summing—
       (1)     75% of the candidate total; and
       (2)     25% of—
               (a)     if the candidate belongs to a party, the party total for that party;
               (b)     in any other case, the greater of—
                       (i)     the average party total for all parties; and
                       (ii)    the party total that would have applied had the candidate been the
                               sole member of a party.

14     Percentiles
       (1)     In determining percentile values under this Division, all candidates are ranked in
               the same list, irrespective of which House of Parliament, and which Division in a
               House of Parliament, they are contesting.
       (2)     The percentile value is to be determined using linear interpolation.



Made by Electoral Commissioner /u/RunasSudo on 7 May 2018                                           4
Electoral Modifiers (No. 2) Regulations 2018


                                       PART 3 — SIMULATED VOTERS

15     Number of simulated voters
       (1)     The total number of simulated voters, across all Divisions in the House of
               Representatives, is one-quarter the total number of non-simulated voters.
       (2)     The Electoral Commissioner must determine the number of simulated voters in
               each Division in the House of Representatives by distributing the simulated
               voters in subregulation (1) proportionally according to the number of non-
               simulated voters, using the Sainte-Laguë method.

16     How votes cast by simulated voters
       (1)     In an election (whether for the House of Representatives or the Senate), the
               Electoral Commissioner must determine how simulated voters vote by—
               (a)     randomly shuffling the order of the simulated voters;
               (b)     allocating the first-preference votes of the simulated voters proportionally
                       according to the overall scores of the contesting candidates, using the
                       Sainte-Laguë method; and
               (c)     repeating the steps in paragraphs (a) and (b) for the simulated voters'
                       second-preference votes, third-preference votes, and so on until all
                       preferences have been allocated.




Made by Electoral Commissioner /u/RunasSudo on 7 May 2018                                             5


Repeals