With the recent federal election fresh in our minds, many Australians have found themselves reflecting not just on the outcome—but on the process of voting itself. For some carers and families, this election may have brought up an unexpected issue: receiving a fine or reminder to vote for a loved one who has passed away or is no longer able to vote due to illness or cognitive decline.
Australia’s system of compulsory voting means that everyone on the electoral roll is expected to participate in elections unless there is a valid reason not to. But when someone dies or permanently loses capacity, they should no longer be on that roll. This article explains how to notify the Australian Electoral Commission (AEC) to avoid fines and future complications.
1. WHY THIS MATTERS
If someone is on the electoral roll and does not vote, the AEC may send a letter asking why. If there is no reply or if the AEC does not accept the reason, they may be fined. This can be upsetting if the person has passed away, or is seriously unwell.
By notifying the AEC as soon as possible, you can:
- Stop any fines or notices from being sent
- Reduce stress at an already difficult time
- Help keep the electoral roll up to date
2. LEGAL FRAMEWORK: COMPULSORY VOTING IN AUSTRALIA
Under Section 245 of the Commonwealth Electoral Act 1918 (Cth), it is compulsory for enrolled voters to attend a polling place and vote in federal elections. Similar provisions exist in state and territory legislation. The AEC issues fines to those who fail to vote and do not provide a valid excuse. However, this legal obligation only applies to living individuals with the capacity to understand and fulfil their voting duties.
3. WHAT TO DO WHEN SOMEONE HAS DIED
When a person dies, the AEC must be formally notified so their name can be removed from the electoral roll.
Privacy Note: The AEC will not release information about the person’s enrolment status, but they will act upon receiving documentation.
Option 1: Let the Registry Handle It
When a person’s death is registered with a state or territory Registry of Births, Deaths and Marriages, that information is usually shared with the AEC. But this can take time and delays can occur.
Option 2: Notify the AEC Directly
To make sure the person is removed from the electoral roll quickly, you can:
- Fill out a Notification of a relative who has died form, available on the AEC website
- Include a certified copy of the death certificate
(this means a photocopy signed by a Lawyer, Justice of the Peace, or other authorised person)
You can post the form and certificate to the AEC directly.
4. WHAT TO DO IF SOMEONE HAS LOST CAPACITY
If your loved one has permanently lost the ability to understand voting—for example, due to dementia, brain injury, or another serious condition—they can also be removed from the electoral roll. Here’s how:
Step 1: Fill in the Right Form
- Complete the AEC’s Objection Claim that an elector should not be enrolled form (available on the AEC website).
Step 2: Get a Doctor’s Certificate
- A registered medical practitioner (GP or specialist) must complete part of the form
- They need to confirm that the person is unable to understand voting and is unlikely to recover
Step 3: Submit the Form
- Post, fax or upload the completed form to the AEC.
Once processed, the AEC will remove the person’s name from the roll.
5. WHAT IF A FINE HAS ALREADY BEEN ISSUED?
If you receive a letter or fine notice after a person has died or lost capacity, do not panic. Contact the AEC and explain the situation. If needed, provide:
- A copy of the death certificate
- Or the completed medical capacity form
You can call the AEC on 13 23 26 or visit aec.gov.au.
While dealing with the death or declining health of a loved one is never easy, notifying the AEC is a simple yet important legal step for an executor. It not only prevents the possibility of fines but also respects the dignity and rights of individuals who are no longer able to participate in Australia’s democratic process. Acting early, submitting the correct documentation, and keeping a copy for your records ensures that this obligation is fulfilled smoothly.
At Lynn and Brown Lawyers, our Estate Planning and Deceased Estate Lawyers can assist you with managing the deceased estate of a loved one or navigating the legal processes of a loved one who has lost capacity and requires assistance.
About the Author: Hannah is a graduate of both the University of Western Australia and Notre Dame University, having completed a Bachelor of Arts (major in ‘Law and Society’’ and minors in History and Psychology) in 2016 and a Bachelor of Laws in 2018.
