Questions have been raised about whether the election can go ahead next month – probably not if under level 3 lockdown – and how much public governing the Prime Minister should be doing through the campaign – Jacinda Ardern insists her priority is dealing with Covid and the safety of the people.

Jane Patterson (RNZ) – Election date debate: Collins willing to risk antagonising voters

There’s now serious pressure to push out the election date, starting with slowing the next steps taken to end the parliamentary term and trigger an election. It’s in the hands of the prime minister for now but other parties say it wouldn’t be a fair race.

According to Ardern the latest it could be held is 21 November.

The date would have to allow enough time to release the final election and referendums results, and for the formation of a new government, before Christmas.

The main consideration will be: “Is it safe to vote?”

The Electoral Commission has been planning for an election in a pandemic but under current guidelines would only go ahead under alert level 2; an election could not go ahead under the level 3 restrictions in place in Auckland.

That is based on people being able to safely access polling booths with sanitising and social distancing – if they cannot it is up to ministers and political leaders to decide what would happen from there, with an obligation to put the interests of New Zealanders ahead of any political considerations.

This close to a general election the governing parties have a responsibility to work constructively with others when it comes to any major decisions – especially in a crisis – and to make sure the race is as even as possible.

National is calling for the 19 September election to be delayed, with Collins accusing Ardern of not consulting as fully as she should, and withholding key information about this week’s decisions.

Decisions will have have to be made soon, with a set timetable that has to be followed in the weeks leading up the election.

National says it is a health crisis and should be handled by the director general of health, not a politician.

Campaigning has been suspended while all parties watch the developments in Auckland carefully – what happens there will determine not only how politicians take their message to the electorate but potentially the election date itself.

National is fighting to keep itself in the story, by taking on Ardern over her treatment of the main opposition party.

But Ardern insists her right and responsibility to front the Covid crisis.

Stuff: Jacinda Ardern keeps options open as Judith Collins attacks

On Wednesday, Ardern announced the Government would be delaying the dissolution of Parliament until Monday, in order to give itself the flexibility to delay the election or bring the House back into full session.

She did not commit to any delay of the September 19 election date, however, saying more information about the cases was needed.

Collins rejected this later in the day and called for a delay of the election until at least November, saying a locked-down campaign would be impossible and any kind of mass postal voting would not be legitimate democracy.

“It is simply unsustainable to expect there to be a fair and just election at a time when opposition parties and other parties of Government are not free to campaign, but also when people have no certainty about whether they would be able to cast their vote on election day,” Collins said.

Ardern said she was focused on the immediate response, but decisions around election timing would be made before Parliament was set to dissolve on Monday.

Collins also criticised the Government for making the lockdown decision after advising her, instead of consulting her and the Opposition directly.

She said there was a convention in New Zealand that the Opposition be consulted on major decisions this close to the election.

“It is always part of our pre-election convention that a Government does not make major decisions without consultation with the Opposition. Clearly advising the leader of the opposition just before making a public announcement does not count as consultation,” Collins said.

Ardern disagreed with this assessment, saying the “caretaker convention” only applied following an election, before a new Government had been called.

Victoria University Associate Professor of Public Law Dr Dean Knight said the Cabinet manual showed no “caretaker” period applied in New Zealand and the Government was free to make major decisions.

“The Government has full power to take decisions prior to the election and is under no legal or customary obligation to consult the Opposition about major decisions such as Covid-19 alert levels,” Knight said.

Stephen Franks (@franks_lawyer) on this:

Our conventions for the period without a Parliament evolved over generations as bi-partisan commitment to democratic bottom lines. Incumbent rulers in corrupt countries use state resources and power to stifle and overwhelm challengers’ communication with voters.

In NZ election period Govt advertising with taxpayer purse is strictly limited. Conventions confine Ministers, most strict before a handover after the election. But honourable self-restraint is also expected pre-election after Parliament can’t scrutinise for abuses of power.

In NZ incumbent power is restrained to protect values that need bi-partisan loyalty past an electoral cycle, e.g. consulting the opposition on senior enduring appointments. An honourable government recognises the purpose of the principles and applies them to new circumstances.

We have unprecedented issues. The PM is inserting herself daily into announcements that could easily be made by trusted non-politician leaders, like Dr Bloomfield. Meanwhile inflicting on democratic rivals losses of freedoms to meet, and to associate for political discussion.

I wish I could believe her media omni-presence is just to ensure we all get the right info from someone we are most likely to trust, so there is maximum voluntary compliance/cooperation. But now 40% of the population will be tempted to mistrust and oppose or even frustrate.

Worthy public purposes were served by her daily lessons during the first lockdown. I eventually tired of being addressed as an infant, but clearly many more were reassured. Now, however the electioneering purpose looks too blatant.

That might be less counterproductive if she’d scrupulously reassured us by balancing her political spotlight with conspicuous respect for electoral integrity. If she wants full emergency media now she could inject balance by returning the election to its traditional November.

It is unprincipled to insist on her chosen early election while gagging political challengers with lockdown. Abusing the emergency’s saturation attention may suck media oxygen from critics/rivals. But will it look so smart if it prompts resentment/disobedience and failure?

Deferring the dissolution for as long as possible to leave some chance of a period of normal election challenge and freedom, would be a gesture to minimise the numbers who will see and hear only cynical manipulation in her Covid statements from here on. Trust matters.

David Farrar promotes the Collins approach in Collins calls for election delay:

Judith Collins has called for the Prime Minister to use her powers to delay the election until November, or failing that for Parliament to meet and vote on delaying it until 2021.

Collins points out that early voting is due to start in two and a half weeks and opposition parties are unable to campaign or even have their campaign launches.

But it is “Now that the boot is on the other foot he supports delaying New Zealand’s election.”
Well, a few days ago delaying an election in the US by Trump was described by DPF’s headline as “Trump verges on fascism”, so by that standard, today DPF and Judith must also be verging on fascism.
And there was this by DPF, “If you can hold elections during a civil war and a world war, you can hold one now.” That didn’t age well.

“Now that the boot is on the other foot he supports delaying New Zealand’s election.”

Well, a few days ago delaying an election in the US by Trump was described by DPF’s headline as “Trump verges on fascism”, so by that standard, today DPF and Judith must also be verging on fascism.

And there was this by DPF, “If you can hold elections during a civil war and a world war, you can hold one now.” That didn’t age well.

The country is in an unprecedented and very awkward position over Covid and with the complication of the election.