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