During the time of federation, section 41 was used to ensure that no one that was enfranchised under the Constitution would be disenfranchised by the introduction of a replacement statutorily-defined franchise.
[1] Modern case law—specifically those since R v Pearson; Ex parte Sipka in 1983—have concluded that this section no longer has any actual effect, and that no express right to vote in Australia can be inferred from it.
[2] 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.
[3]At the time that the Australian Constitution was drafted, South Australia was the only state which allowed women to vote.
[4] The drafters feared that if the Constitution did not allow South Australian women to vote in federal elections, they would vote against federalism.