Independent Liberal Party vs. The Department of Forum AffairsChief Justice TCash delivered the opinion with Justices Emsworth and Colin Wixted concurring.Part I- Statement of FactsIn the February 2006 Federal elections, a voter, Sam Spade, cast a ballot as follows:
The rules of voting state that a voter may not campaign in the voting booth. This mandate is specified in the Constitution:
Campaigning may not occur in the place where voting occurs. Any person who campaigns in such a place will have their vote counted as void and shall be subject to further punishment as the Senate may by Law determine. (Article I, Section 1, clause 3)
In the official certification, the Department of Forum Affairs counted the vote as valid. The Secretary of the Independent Liberal Party has brought suit asking the Court to overturn the certification and void this ballot.
Part II –Opinion Beyond the choice of candidates, the vote itself, there are blatantly analytical and persuasive remarks. In the Presidential race, one ticket is called "the worst"; some write in candidates are praised, some ridiculed. In the senate race, the ballot describes voters who vote for a commonly known nickname for a declared candidate as needing to "have his or her head examined." If this isn't campaigning in the booth, very little is. Further, the Department of Forum Affairs brings no defense of the decision to count the vote. We believe it is a blatant example of campaigning in the voting booth, order the votes from this one ballot void, and the certification updated.