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Albert Langer

Albert Langer (also known as Arthur Dent) is an Australian political activist, best known for his 1996 conviction and jailing on contempt charges after breaching an injunction forbidding his advocacy of marking electoral ballot papers in a way discouraged by the Australian Electoral Commission. As a result of his imprisonment, Amnesty International declared him the first Australian prisoner of conscience for over 20 years.

Langer was educated at Monash University, where he studied mathematics and became a prominent student activist during the Vietnam War years. He was a leader of the Maoist Monash Labor Club at the university, and supported the Communist Party of Australia (Marxist-Leninist). He was also associated with a movement which argued that software should be free of copyright laws. Langer is an active opponent of Zionism and was a member of Jews Against Zionism and Anti-Semitism (JAZA). He was the leader of the Maoist Red Eureka Movement.

In 1986 Albert Langer wrote a conference paper entitled Don't Vote, examining possible electoral strategy for the left, aiming to bring down the Australian Labor Party (ALP) government and to target their candidates in marginal seats. In 1987 and 1990 there were instances where Victorian voters were urged to take advantage of section 270 of the Commonwealth Electoral Act and give less preferred parties equal last preferences (now known as a Langer vote), so as not to express a choice for either major party.

To counter such tactics and advocacy of voting informally, the ALP government formulated section 329A of the Electoral Act. It was enacted in December 1992, making it an offence to encourage voters to fill in House of Representatives ballot papers in a non-officially prescribed manner.

329A. (1) A person must not, during the relevant period in relation to a House of Representatives election under this Act, print, publish or distribute, or cause, permit or authorise to be printed, published or distributed, any matter or thing with the intention of encouraging persons voting at the election to fill in a ballot paper otherwise than in accordance with section 240. Penalty: Imprisonment for 6 months.
(2) In this section: "publish" includes publish by radio or television.
Section 329A of the Commonwealth Electoral Act (repealed)

This legislation was later repealed, but not before being tested by Langer.

On 5 March 1993,[citation needed] ahead of the 1993 election, Albert Langer received warnings from the Australian Electoral Commission not to run the campaign he had initiated. He sought relief from the High Court to stop the AEC from intimidating him, and to determine the validity of section 329A. The matter was reviewed by Justice William Deane (who shortly afterwards became Governor General). Deane dismissed his injunction application, but referred the question to the full bench. The case was joined with a similar challenge by Patrick Muldowney to South Australian electoral matters to determine the validity of section 126. The matters were heard in Canberra in October 1995.

The decision was not publicly announced until 7 February 1996 – just after the writs for the 1996 election were issued on 28 January. With only Dawson dissenting, the Court rejected Langer's argument that section 329A was unconstitutional. The decision confirmed the Act required votes to be cast with a sequence of consecutive and unrepeated numbers.

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