Victorians were slugged with almost $17 million in penalties and almost 225,000 fines were lodged with the Magistrates Court of Victoria last year in relation to failing to vote at council elections, The Age revealed this week. Denis Nelthorpe​ is the chief executive of WEstjustice​, which provides free legal help to people in Melbourne's western suburbs, including to people with significant psychiatric illnesses. "We thought we would see [people battling] toll road fines," he said. "What we were really surprised by was the significant number of clients with Electoral Commission fines [for not voting]." Mr Nelthorpe said the system had become more efficient at cracking down on non-voting since the Victorian Electoral Commission recently assumed responsibility for pursuing non-voters from the state's 79 councils.

He said this new efficiency disproportionately affected people with mental illnesses and those who moved frequently or fell in and out of homelessness. "They potentially end up in court without them knowing they have a problem," he said. "The voting system is based on the notion of people being fairly constant residents in the same electorates, which is not really the case anymore." The VEC said invalid reasons for not voting at the council elections ranged from people being unaware of the election or unaware it was compulsory, confusing the council election with the federal election, people forgetting to mail their ballot or signing it after the due date, being away from home, and not knowing the candidates. A small percentage of people said they chose not to vote, they had made an honest mistake, or were not sure if they had voted. The VEC said the compulsory voting enforcement process was "conducted entirely in accordance with State law, as dictated by the Infringements Act 2006.

"Legislation gives people who have not voted the option to have their matter heard in the Magistrates' Court. Should such a request be made, the VEC must act on the request. "To date, the only matters brought before the Magistrates' Court by the VEC are for people who signed a declaration that their matter be heard before the court. "In each matter, the VEC contacted each individual numerous times to confirm that this was their wish prior to taking any action." In addition, the VEC said it worked "very closely with agencies to ensure people in difficult circumstances do not get fined. If we know a person is homeless or facing other challenges in their life we do not fine them." Former police officer Barney Wursthorn​ said he had a 44-year history of voting, but didn't vote in the 2016 local council elections because he was still considering the candidates.

Nonetheless, Mr Wursthorn said not voting in council elections was a "victimless crime" and fought his $78 fine on principle. He was fined $150 during a packed December day at the Moorabin Justice Centre where 25 similar cases were heard and the VEC said it was seeking $3000 in costs per case. "People walked away with fines and costs of between $300 and $700 – for failing to vote in a council election," Mr Wursthorn said. "One poor woman who was on a pension looked absolutely distraught walking out of the court room. "I am a retired sergeant of police with 37 years of proud public service and I have never seen such an injustice. I have seen people charged with aggravated burglary get a lesser penalty." Philip Bartholomew, the chief executive of retailer My Pet Warehouse, said he had spent about $6000 on barristers and was "not done yet".

"In my case, I was away on national and international business three times in October [2016] and even that wasn't a good enough excuse apart from the fact I didn't know," he said.