2018 Batman by-election: Difference between revisions

2018 Batman by-election

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The Division of Batman (Vic) in the House of Representatives
Registered	111,857
Turnout	81.40% 8.28
First party Second party   Candidate Ged Kearney Alex Bhathal Party Labor Greens Popular vote 36,840 33,725 Percentage 43.14% 39.49% Swing 7.87 3.26 TCP 54.38% 45.62% TCP swing 3.35 3.35
The Division of Batman covers an area of 66 km2 in the northern suburbs of Melbourne. The main suburbs in the seat include Fairfield, Northcote, Preston and Reservoir.
MP before election David Feeney Labor Elected MP Ged Kearney Labor

A by-election for the Australian House of Representatives seat of Batman took place on 17 March 2018. The by-election was called as a result of the resignation on 1 February 2018 of the incumbent backbench Australian Labor Party MP, David Feeney, who resigned amid the 2017–18 Australian parliamentary eligibility crisis.

At the 2016 Australian federal election, the Australian Greens had come within 1% of winning the 2-candidate preferred vote. The campaign was therefore primarily a contest between the Labor candidate, former Australian Council of Trade Unions president Ged Kearney, and the Greens candidate, social worker Alex Bhathal, who had run for the seat five times previously. The Liberal Party of Australia declined to run a candidate. The campaign focused heavily on the proposed Adani Carmichael coal mine amongst environmental issues, as well as refugee policy and Labor's proposed reforms to dividend imputation.

Kearney won the seat with a 3.35% swing toward Labor (2CP), for a total of 54.38% of the after-preferences vote. The electorate of Batman was abolished in 2019 and replaced with the Division of Cooper, which Kearney won at the 2019 and 2022 Australian federal elections.

On 6 December 2017, amidst the ongoing citizenship crisis engulfing several MPs, Labor MP David Feeney revealed that he was unable to produce documentation confirming he had renounced citizenship of either the United Kingdom or the Republic of Ireland.^[1][2] Consequently, Feeney voluntarily referred himself to the High Court of Australia, considering his likely breach of Section 44 of the Constitution of Australia.^[2] By 19 January 2018, Feeney remained unable to produce any documentary evidence from British or Irish authorities that he took steps to renounce his citizenship and entitlements, and the High Court granted him an extension to 1 February to allow his legal team to continue their search for the relevant documents.^[3] At a press conference on 1 February 2018, Feeney announced he would resign from the seat and from politics effective immediately, choosing not to stand as a candidate at the by-election.^[4] The date for the by-election was set at 17 March 2018, the same day as the South Australian state election.^[5]

The frontrunning candidates for the seat were the Labor Party and the Greens, who received a 9.6% swing towards them in the previous election. Despite finishing first in the primary vote, Greens' candidate Alex Bhathal was defeated by Feeney on the two-candidate-preferred vote 51%-49% at the previous election. Feeney had held the seat for the Labor Party since 2013. It was the sixth time Bhathal had contested the seat, having previously run in 2001, 2004, 2010, 2013 and 2016.^[6] The Australian Electoral Commission confirmed that 111,857 people were enrolled to vote in the by-election.^[7][8]

The environment, and specifically the proposed Adani Carmichael coal mine, were focused on heavily by the Greens in the campaign. Labor leader Bill Shorten and Kearney both expressed their doubts about the project, but did not rule it out completely.^[9][10] On the day of the by-election, an environmental protester dressed as a fish accosted Kearney and Shorten at a polling booth.^[11]The Australian Conservation Foundation distributed material stating only the Greens would "stop Adani's mine from going ahead", and Activist group GetUp! stated they would not assist Labor in campaigning due to Labor's position on the coal mine.^[12][13] Other issues that featured in the campaigning were Labor's proposed reforms to dividend imputation (franking credits), with Kearney and Shorten holding a town hall discussing the policy.^[14] The Greens also campaigned heavily on asylum seeker and refugee policy, which they perceived as a weakness for Labor.^[15]

Divisions within the Greens' campaign assisted Kearney.^[16] During the by-election campaign, an internal complaint of bullying by Bhathal was leaked to the media, and members of the Greens' Darebin branch requested her expulsion from the party following Bhathal's support for Lidia Thorpe in the 2017 Northcote state by-election.^[17][18] Four Greens councillors were involved in campaigning to have Bhathal removed as the candidate.^[19] The ABC reported comments from Greens members stating they would prefer Bhathal lost, despite being in the same party.^[20]

A reusable coffee cup created to promote Kearney's campaign

The back of the cup

Kearney's campaign received the personal endorsement of former Prime Minister Julia Gillard, who wrote a letter that was distributed to 36,000 houses within the electorate.^[21] Kearney's candidacy was also endorsed by EMILY's List Australia, a Labor-aligned organisation that advocates for representation of women in parliament.^[22]

On 6 March, a candidates' forum was held to discuss climate change policy. Five of the candidates were invited (Kearney, Bhathal, Whitehead, Smith and McDonald), and invitations were not extended to the remaining candidates. In protest at not being invited, Lieshout picketed the event with her mouth taped shut.^[23] On 14 March, Kearney's campaign issued an apology for printing campaign material in Greek under the heading "Macedonian".^[24] On polling day, reports were made of seniors receiving phone calls instructing them not to vote. In response, Labor campaigners rang seniors in the electorate to urge them to vote.^[25]

Key dates in relation to the by-election were:^[26]

• Thursday, 1 February 2018 – Speaker acceptance of resignation
• Wednesday, 7 February 2018 – Issue of writ
• Wednesday, 14 February 2018 – Close of electoral rolls (8pm)
• Thursday, 22 February 2018 – Close of nominations (12 noon)
• Friday, 23 February 2018 – Declaration of nominations (12 noon)
• Tuesday, 27 February 2018 – Start of early voting
• Saturday, 17 March 2018 – Polling day (8am to 6pm)
• Friday, 30 March 2018 – Last day for receipt of postal votes
• Friday, 18 May 2018 – Last day for return of writs

• The Liberal Party declined to field a candidate.^[27]

Kearney's election made her the first woman to represent Batman in the seat's 112-year history, and made federal Labor's caucus 48% female.^[37] Opposition leader Bill Shorten described Kearney as the "Hero of Batman" for her victory.^[37] Following the 2018 by-election, the Australian Electoral Commission abolished Batman, and created the Division of Cooper, which had similar boundaries.^[38] Kearney went on to contest Cooper at the 2019 Australian federal election and the 2022 Australian federal election, winning both times. Kearney's margin increased in 2019 to 64.65-35.35 (2CP) against the Greens' David Risstrom, and was reduced in 2022 to 58.67-41.33 (2CP) against the Greens' Celeste Liddle.^[39][40] Labor formed government at the 2022 federal election, and Prime Minister Anthony Albanese appointed Kearney as Assistant Minister for Health and Aged Care in the Albanese government.^[41][42][43]

Both Bhathal and Greens leader Richard Di Natale stated on election night that Labor's use of "big money" had significantly contributed to Kearney's victory.^[44] Di Natale also stated that Labor's win was also helped by preference arrangements with conservative parties.^[44] The day after the by-election, Di Natale stated that the campaign had been damaged by internal leaking, and that traditional Greens voters had been "turned off by the leaking and sabotage from a few individuals with a destructive agenda".^[45][46] Divisions within the Greens that had hampered their campaign in the by-election persisted following defeat. At the 2018 Victorian state election, the electoral district of Northcote was unexpectedly won by Labor's Kat Theophanous from the Greens' Lidia Thorpe. Internal analysis of the campaign noted that some Greens members refused to campaign for Thorpe due to infighting stemming from the Batman by-election.^[47] Bhathal had stated during the by-election campaign that if she lost she would contest the seat at the next federal election, but announced in August 2018 that she was withdrawing from being the candidate due to "sabotage" of her by-election campaign.^[48][49] In the same month, an internal Greens review dismissed the bullying allegations leaked about Bhathal during the campaign, and apologised to her.^[50] In 2019, Bhathal resigned from the Greens citing "relentless organisational bullying".^[51] A documentary was made about Bhathal's campaign, entitled The Candidate.^[52] The screening of the film in July 2019 was sabotaged, with the fire alarm being set off as soon as the film started.^[53] In 2024, Bhathal became a candidate for the West Ward at the Darebin City Council election, which will be held on 26 October 2024.^[54] She will be running against current Darebin Mayor Sussane Newton, who is one of the four Greens councillors who tried to remove Bhathal as the candidate for Batman in 2018.^[55]

An episode of Tonightly with Tom Ballard that aired during the campaign caused controversy by referring to the electorate's namesake John Batman and Australian Conservatives candidate Kevin Bailey as cunts. Communications minister Mitch Fifield and Simon Birmingham both called for someone to be sacked from the ABC over the remarks.^[56] In August, the ABC found the remarks did not breach standards.^[57]

• 2017 Northcote state by-election
• Electoral results for the Division of Batman
• List of Australian federal by-elections

• 2018 Batman by-election (ABC Elections)