Special Minister of State

The Special Minister of State is the minister responsible for looking after minor things like the Australian Electoral Commission.

We are on the 4th SMOS since Abbott came to power in 2013.

I am not just a nutter trying to get Abbott into court, I really do have some constructive ideas on how to do things better.

At the moment the part of the constitution which looks after dual nationals and their violation of our laws is off limits to all and sundry once the 40 days after the seat is declared and people in the electorate can take their MPs to the Court of Disputed Returns.

I mentioned this to Senator Robinson the first Abbott SMOS, then to Mr Brough the first Turnbull SMOS then to Senator Cormann the second Turnbull SMOS and this week to Senator Ryan the third Turnull SMOS.

None have bothered replying to my suggestions.  They ignore me in the hope I will go away.

I suggested that they as SMOS can write a ministerial directive allowing the AEC to examine section44 compliance and breaches.  They have the power to write a letter and let the AEC look.  They ignored me and my idea.

Two liberal MPs might face the Court of Disputed Returns because the first 3 SMOS didn't bother reading and replying. 
Two labour MPs, Gary Gray and Bernie Ripoll and one liberal MP, Bob Baldwin have quit parliament rather than risk their electorate taking them to the Court of Disputed Returns.
Two liberal MPs lost their seats and won't have the joy of being taken to the Court of Disputed Returns, Doc Jensen and Andy Nikolic, though I bet they could be taken there because they both signed a statement they comply with S44 when they are still dual nationals.

One senate candidate is facing prosecution for fraud for saying they complied with S44 when they don't.  Strange because the AEC are taking this bloke to court but none of the liberals?  Something to do with the make-up of the AEC board?

One candidate in Abbott's seat of Warringah may also face prosecution for falsely signing about S44, he wrote a copious blog about it and I am sure no one in the AEC actually reads anything the candidates publish.  You want to hope so Warringah candidate.

I have no say in who goes to the Court of Disputed Returns and who doesn't, my Mps are removed regularly when the Australian Federal Police question them about criminal matters.  Let's Wallace and his grommets survive a bit longer than Slipper and Brough.  I did check up about a Queensland senator who assured me she got Australian citizenship from birth, she was born in Canadia and her parents registered her birth overseas immediately, unlike Abbott waiting until he was 23 and causing himself so many problems.  Onya Senator Waters for clearing the matter up.

If you want to read more there is a few pages sent to Senator Ryan below.  He blocked me on farcebook and twitter after writing to him so I guess he wanted Abbott and Turnbull to face the prospect the Court of Disputed Returns.

Should you want to cross my palm with silver, goodonya and thanks.

The letters I sent to Senator Ryan before I found he had blocked me.  The middle finger letter  I sent after these two poked fun at a small man with a huge bible, sort of  penis slash moral envy?

Senator Ryan  SMOS

Dear Senator

I have tried writing to the previous three Special Ministers of State and all three refused to respond to my letters.  I never even got an automatic reply.

At the moment S44 of the constitution is causing chaos in Tasmania the senate election where a NXT senate candidate who has British citizenship faces fraud charges and depending when he got his British citizenship he may have lost his Australian citizenship automatically,  and he faces the possibility of deportation.  He was not born in the UK but applied fro British citizenship some time in the past.  There was a time this caused automatic renunciation of Australian citizenship.

A candidate in Warringah, David Barrow is having the same problems.  He either lost his Australian citizenship automatically or ran for election as a dual national.  He is waiting for Mr Dutton to advise.  that could take a long time.

I am assured two other candidates are going to be taken to the Court of Disputed Returns, both of them elected liberal party members.  One for being  a dual citizen and the other for having the rights and privileges of a foreign national.

Three former members of the house of representatives have chosen to not run for re-election rather than face the risk of Court of Disputed Returns questioning them about their British and French citizenship.  Two were labour one was liberal.

Mr Nikolic is lucky he lost the election because activists in his seat were preparing to take him to the CODR.  The Serbian embassy have advised that a person can not renounce their Serbian citizenship without having done national service there.  Mr Nikolic was 5 when he came to Australia so could never renounce his Serbian citizenship.

If Senators Robinson,Cormann and Mr Brough had responded to my letters about the problems with S44 this would not be happening.

I suggested to the three that they can write a ministerial directive allowing the AEC to demand those born overseas show they comply with the constitution and provide proof of renunciation of heir other citizenship.

Senator Macdonald's office in Queensland told me Mr Abbott is a dual national and that you all know that.  Senator Macdonald's staffer said that all the LNP know that  and aren't worried because no one will take him to the CODR.

Will you make a ministerial directive to have the AEC demand candidates and MPs show they have renounced their other citizenship and comply with our constitution? 

I do hope you will reply or should I expect liberal MPs to continue ignoring this problem in the hope it goes away.

Second letter to senator Ryan 22/7/16

Dear Senator Ryan

fingers crossed you aren't going to ignore me in the hope I go away.

Because your LNP mates Robinson,Cormann and Brough didn't bother looking at or answering my letters about S44 the election may be thrown out in the courts.

http://tonymagrathea.blogspot.com.au/2016/06/candidate-nomination-election-2016.html  I have contacted the legal people at AEC and they advise  The AEC administers the Commonwealth Electoral Act 1918 (Electoral Act) in relation to the conduct of federal elections.  The AEC does not administer the Constitution as is made clear by the Administrative Arrangements Order made by the Governor-General.  The administration of the Constitution is the responsibility of the Attorney-General’s Department.  Accordingly, the AEC is not in a position to disqualify any candidates due to the operation of section 44 of the Constitution.

The AEC is subject to the requirements of the Electoral Act.  Section 172 of the Electoral Act sets out the only grounds upon which the AEC is able to reject a nomination of a candidate.  Those grounds do not include any possible disqualification of a candidate under the Constitution.

Yet the AEC asks about the constitution on the nomination form.  This seems to be in breach of their own legislation.

Mr Pirani, chief legal officer of the AEC has Mr Cohen, the Tasmanian senate candidate I mentioned in yesterdays letter with prosecution of fraud for failing to comply with S44 of the constitution.  seems the AEC can have it both ways.  Prosecute minor parties and refuse to prosecute members of your party.

The shambles needs fixed. And before two very senior members of your party are put before the Court of Disputed Returns and lose their seat, their salary, their pensions, their expenses, and for one his Australian citizenship and face deportation.  Your new laws  re immigration would seem to be such that one of your senior party members will be heading back to England.

It is terrible that  Brough Cormann and Robinson would risk shattering the lives of two, possibly more members of your own party as well as a few good Australians who tried to do their democratic duty for this country.

Please advise what you intend to do.

Yours  Tony Magrathea