King V Jones - Arguments

Arguments

King's main argument was based on section 41 of the Australian Constitution. That section provides that:

41. No adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the Commonwealth from voting at elections for either House of the Parliament of the Commonwealth.

The argument was that, because King was an adult person who had a right to vote in elections for the South Australian House of Assembly (the more numerous house of the Parliament of South Australia), she therefore could not be prevented from enrolling or voting in federal elections by the Commonwealth Electoral Act 1918.

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