Which case upheld the constitutional right of all people to vote, including prisoners?

• A. Croome v Tasmania
• B. Roach v Electoral Commissioner
• C. Mabo v Queensland (No.2)
• D. ABC v Lenah Game Meats

Answer: (B)

The idea being tested is that the right to vote is a fundamental part of Australia’s democratic system, and Parliament cannot strip that right from a broad group of citizens in a blanket way. In Roach v Electoral Commissioner, the High Court held that a sweeping ban on prisoners voting in federal elections was unconstitutional because it undermined the system of representative government established by the Constitution. The decision reinforces that the franchise belongs to citizens in a way that cannot be removed from all prisoners simply by statutory change; any restriction must be narrowly tailored and compatible with constitutional guarantees.

This is why it’s the best answer: the case directly tested and clarified the scope of the voting right in the context of prisoners, showing that such a blanket exclusion cannot stand under the constitutional framework. The other listed cases deal with unrelated topics—native title, privacy or defamation, or different electoral or legal principles—not the scope of prisoner voting rights—so they don’t address the issue at hand.