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A volunteer for the Green Party made calls urging people to vote during the Election Day campaigning blackout.
An electoral law expert says the recorded voicemail could breach the strict campaigning restrictions governing polling day.
Restrictions barring campaigning or attempts to influence voters were in place until 7pmtoday.
The Electoral Commission said it was looking into the matter after a member of the public supplied the Herald with a recording they had received of an automated voice message from Greens co-leader Marama Davidson.
Then, just before 5.30pm, a Greens spokesman said the party had spoken to the Electoral Commission and “pulled the message on request”.
“Kia ora, it’s Marama Davidson here, Green Party co-leader,” the voicemail said.
Greens co-leaders Marama Davidson and James Shaw during their election campaign launch in Wellington in July. Photo / Mark Mitchell
“You’re getting this because a local Greens volunteer just tried to give you a call to check if you’d voted.”
The message then directed people to the vote.nz website followed by the Green party website.
“You can reach us at greens.org.nz/contact.”
It was the inclusion of the party website that lawyer Graeme Edgeler viewed as potentially problematic.
Parties are allowed to run get-out-and-vote campaigns encouraging people to exercise their democratic right in general, he said.
“The issue I have with this particular message is that it mentions the Green Party website,” he said.
“Political parties have to take down their advertising before election day. But they aren’t required to take down their websites as long as 1) they don’t put anything new on it and 2) they don’t advertise the website on the day.
“And so this sounds like they’re mentioning the Green Party website exists.
“If I was to go to the Green Party website, my strong suspicion is it might encourage me to vote for the Green Party.”
Israel Dagg - seen here scoring against the Springboks in Wellington in the All Blacks 31-17 Tri Nations victory in 2010 - once landed himself in hot water for breaking the same section of the Electoral Act the Greens may have with their automated phone call. Photo / Mark Mitchell
Section 197 of the Electoral Act provides a maximum penalty of a $20,000 fine for interfering with or influencing voters before polls close on election day.
Subsection 2(A) of the Act allows material on websites to remain live as long as a party did not, on polling day, distribute any material promoting or advertising the website.
Edgeler said he likes parts of Section 197 but believes some Election Day restrictions go too far.
New Zealand did not want to see scenes like those in Australia where campaigners hand voters cards instructing them how to vote, in his view.
But he believed people should be allowed to post on social media how they had voted.
Edgeler did not think it made sense for people to be at risk of prosecution if they made a tweet similar to that of former All Black Israel Dagg, who was referred to police by the Electoral Commission after a tweet in support of John Key on Election Day 2014.
“Just voted for @johnkeypm and the National party all the best for tonight #blueallday #National,” Dagg wrote.
