VOLUNTARY voting advocates have been granted a Full Court of the High Court hearing in seven days time.
The move is unusual because the High Court has bypassed an application for special leave to appeal in favour of a full court hearing, which is done only for cases of special importance or constitutional significance.
South Australian man Anders Holmdahl failed last June in a Supreme Court bid to overturn an Australian Electoral Commission fine for not voting in the 2010 federal election.
Acting for Mr Holmdahl, Kevin Borick, said "I think it means they consider the case important and we have a chance".
Mr Borick said lawyers would argue that the Australian constitution gives electors the right to make their choice fully, unforced and freely.
The Australian Electoral Commission and The Attorney-General for the State of South Australia versus Anders Holmdahl will be heard at on 12 April 2013 in Canberra with a video link to the Angas Street offices of the court from 9am Adelaide time.
Originally published as Voting challenge to go to High Court
Australian coat of arms, used as the High Court logo.
Last Friday, following over two years of lawsuit over failure to participate in general election, Anders Holmdahl attended a High  of Australia hearing with an audio-link from Canberra to , South Australia, claiming voting is a right, not a duty, citing the . However the Justices dismissed the application for leave to appeal against conviction, ruling it had "no prospect of success" over a point that  was enacted within power.

Anders Holmdahl was represented by  , the president of the Australian Criminal Lawyers Association, throughout the process.

Anders Holmdahl cited "fundamental distinction" between the words ''vote'', which he defined as "exercise of free will"; ''right'', "something you are privileged to be granted"; and ''duty'', "something you are required to do". After a 20-minute discourse with the lawyer representing the applicant, Justice  said, "An appeal to this Court would enjoy no prospect of success. Special leave to appeal is refused." and adjourned the Court. Justices ,  were also present at the hearing and participated in the verbal discourse, also enquiring the lawyer about their reasoning but not specifying reasons other than what Hayne J said. ''Wikinews'' contacted both Anders Holmdahl and the High Court and confirmed there was no other documentation of reasons behind the judgment.

The standard  procedures involve hearing each matter by a single Justice and only escalating it after a special leave to appeal is granted. The current case had been irregular, as the matter had been escalated to the Full Court (three Justices) directly.

The appeal also had exhausted lower means of appeal before being lodged in High Court; the  had dismissed it on September 24, 2012. It cited that the Australian Constitution allows each state to enact their own election laws, and the Federal Parliament has the power to make laws "with respect to ... matters in respect of which this Constitution makes provision until the Parliament otherwise provides". The Court concluded that  was legislation enacted within power.

Prior to escalation to the Supreme Full Court of South Australia, in May 2012, a single Justice Gray had forwarded the matter for consideration of Full Court (three Judges) at his discretion. This happened several months after a Magistrate had recorded the conviction following a trial in February 2012. Anders Holmdahl originally pleaded not guilty during his first Magistrates court appearance in December 2011 regarding the August 21, 2010 election.

The  requires all citizens to enroll. Then they must vote at each general election — election of members of the House of Representatives and Senate of the Parliament of Australia. At the time of the election, Anders Holmdahl was enrolled as an elector on the Commonwealth Electoral Roll for the .

The High Full Court hearing was a last instance of appeal with further escalation only possible at international level. Anders Holmdahl had decided to take the case before the .