False posts claim 'no' votes in Australia referendum could be overridden by weighted questions

"Be aware of the Voice referendum," reads the opening line written in all caps of a Facebook post shared on August 11, 2023.

Australians will vote in a referendum, expected in mid-October, on a plan to give Indigenous people a so-called "voice" in national policymaking. The proposal would also give Indigenous Australians recognition in the constitution for the first time.

Supporters say it would help address the colonial legacy and inequalities faced by Indigenous Australians, whose ancestors have lived on the continent for at least 60,000 years. Opponents say it is divisive, lacks detail, adds unnecessary bureaucracy and risks clogging up the courts.

The Facebook post goes on to say the government has set up a "trick" to get the referendum passed: the ballot will have two questions with the first more heavily weighted than the other.

The post says voters who tick "yes" to the question "do you recognise the indigenous people (sic)?" will have their "no" vote on the other question overridden.

"Tick NO to both questions," it says, adding: "Also, do it in PEN and NOT with the pencil they will provide you with. Dangerous times ahead folks."

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A screenshot of the false Facebook post, captured on August 16, 2023

A similar claim was shared elsewhere on Facebook here, here and here in groups with thousands of members that have expressed opposition to the proposal.

But Australians will only be asked one question in the referendum and are required to write -- not tick -- either "yes" or "no" in the box provided.

Referendum question

The question to be asked in the referendum is: "A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?" (archived link).

Voters will be asked to vote either "yes" or "no" on this single question.

A spokesperson from the Australian Electoral Commission (AEC) told AFP people need to write "yes" or "no" to have their vote counted.

"There will be no ticking or crossing of boxes. Writing anything outside of the AEC's formality guidelines puts a person's vote in risk of not being counted if considered informal," the spokesperson said on August 14.

They added voters can use whatever stationery they like "as long as the answer on the ballot paper is considered formal by the voter writing 'Yes' or 'No' in the box provided."

The elections watchdog has a sample ballot available online which voters can use to see if their written answer will be counted as a valid vote (archived link).

Law professor Ron Levy, an expert on referendum design and convenor of the International Advisory Panel on Referendums, told AFP the scenario described in the posts is not legally possible (archived links here and here).

"Under the current legislation for referendums in Australia, there is no provision or ability to have weighted ballots," he said on August 18.

The framework for how referendums are conducted is set out in the Referendum (Machinery Provisions) Act 1984 (archived link).

The legislation makes no mention of "weighted questions" or votes being overridden.

AFP has previously debunked other false and misleading claims that have spread in the run-up to the vote here, here and here.