candidate guide - nsw local government elections, 10 … · 2016-07-26 · registered political...

Candidate Guide NSW Local Government Elections © 2016 Australian Election Company AEF378 Version 4: 18 June 2016 of 27

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Document name AEF378 Candidate Guide NSW Local Government Elections, 10 September 2016

Version 3.0

Document file name and path

Preferred citation Kidd, R. 2016 ‘AEF378 – Candidate Guide NSW Local Government Elections, 10 September 2016’. Candidate Guide has been prepared by Australian Election Company for potential candidates or interested persons.

Responsible Persons

Name Position

Author Richard Kidd AustECo Principal

Contributing Author(s)

Reviewing Officer(s)

Authorised by Richard Kidd AustECo Principal

Revision History

Version Issue Date Amendment details Author Authorised by

1.0 May 2016 First Release Richard Kidd Richard Kidd

2.0 25 June 2016 Insert Version number, Document Control details, Table of Contents, formatting and other minor amendments

Jodie Noyes Richard Kidd

3.0 3 July 2016 Insert Ballot Papers Jodie Noyes Richard Kidd

4.0 18 June 2016 2nd Release Richard Kidd Richard Kidd

© 2016 Australian Election Company. No part of this document may be copied or reproduced in any form without the express permission of the Australian Election Company. All rights reserved.


Local Government Elections in New South Wales are governed by The Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005 (the Regulation).

Australian Election Company has provided this guide to assist individual candidates, groups and Registered Political Parties (RPPs) participating in the 2016 NSW Local Government Elections. This guide documents basic information only about the processes applied in connection with the Elections where Australian Election Company is assisting in the conduct of the Elections. This guide is for general information only and is not to be considered an interpretation of the law.

While Australian Election Company will provide information in relation to the conduct and governance of the Elections, it does not provide legal advice. If candidates are in doubt about any legal matters regarding the Election, they should seek their own independent legal advice.

Australian Election Company recommends that Candidates refer to the following websites:

Election Funding Candidate Registration and Disclosure www.elections.nsw.gov.au/fd/2016/local_council_elections

Office of Local Government Department of Premier & Cabinet www.olg.nsw.gov.au

Local Government Act 1993 and Local Government (General) Regulation 2005 is available to view or download on www.legislation.nsw.gov.au

Local Council websites

Australian Election Company www.austelect.com or Help desk on 1800 224 420

http://www.elections.nsw.gov.au/fd/2016/local_council_elections

http://www.olg.nsw.gov.au/

http://www.legislation.nsw.gov.au/

http://www.austelect.com/


Table of Contents

1. KEY ELECTION DATES ..................................................................................... 5

2. ELECTORAL ROLLS .......................................................................................... 5

3. NOMINATIONS ................................................................................................... 6

4. BALLOT PAPERS ............................................................................................. 11

5. POSTAL VOTING .............................................................................................. 13

6. PRE-POLL VOTING .......................................................................................... 13

7. REGISTRATION OF ELECTORAL MATERIAL................................................ 14

8. DECLARED INSTITUTION VOTING ................................................................. 15

9. VOTERS WITH SPECIAL NEEDS-ASSISTANCE TO VOTERS ...................... 15

10. SCRUTINEERS ................................................................................................. 16

11. BALLOT PAPER FORMALITY AND INFORMALITY ....................................... 17

12. NON-COMPLYING ELECTORAL MATERIAL AND OFFENCES..................... 27

13. COUNTS AND RESULTS ................................................................................. 27


1. KEY ELECTION DATES

The timeline immediately below will be of interest to incumbent Councillors, intending Candidates and

interested members of the public.

1 August 2016 Close of Rolls (6.00pm) Nominations open, Postal Votes – Applications may commence

Reg Clause 278 Reg Clause 286

10 August 2016 Close of Nominations (12.00 noon) Ballot Paper Draws (say 3.00pm) Registration of Electoral Material (how-to-vote) opens

Reg Clause 286 Reg Clause 303,304 Reg Clause 356 (P) (4)

17 August 2016 Postal Voting despatches commenced.

29 August 2016 Pre-Poll Voting commences Reg Clause 326 (1) (2)

2 September 2016 Registration of Electoral Material closes (5.00pm) Reg Clause 356 (P) (4)

5 September 2016 Declared Institution Voting Open Reg Clause 326

5 September 2016 Postal Vote Applications close (5.00pm) Reg Clause 314 (5)

9 September 2016 Pre-Poll Voting closes (6.00pm)

Declared Institution Voting Closes

Reg Clause 326 (1) (2)

10 September 2016 Election Day (8.00am-6.00pm)

12 September 2016 Return of Postal Votes Closes (6.00pm) Reg Clause 319

2. ELECTORAL ROLLS

The Electoral Roll (composite roll) used for Council Elections comprises the “‘residential roll” (the normal electoral roll which is maintained by the Australian Electoral Commission) and the “non-residential roll” comprising non- resident electors and owners / occupiers / rate paying lessees administered by the relevant Council General Manager.

Voting is compulsory for electors enrolled on the “residential roll” but is voluntary for electors on the “non-residential roll”.

The roll closing date and time for the 2016 NSW Local Government Elections is 6.00pm, 1 August 2016.


3. NOMINATIONS

INFORMATION FOR CANDIDATES

Nominations for the position of Mayor and Councillors will be called and advertised on 1 August 2016.

The Office of Local Government at https://www.olg.nsw.gov.au (and search “Elections”) has some

relevant information for intending candidates.

The NSW Electoral Commission at www.elections.nsw.gov.au/fd/2016/local_council_elections

provides all necessary candidate registration Funding and Disclosure information. All Candidates and

agents must be aware of and comply with these Registration, Funding and Disclosure requirements.

Registration of Candidates and Groups is necessary before accepting donations or incurring any

electoral expenditure. All Candidates must lodge an application for Registration as a Candidate

for a Local Government Election. Candidates must register before nomination day for the

election. All enquiries and information about Funding and disclosure matters must be referred direct

to the NSW Electoral Commission. The telephone number for the Commission is 1300 135 736.

Council’s Returning Officer will be conducting a Pre Nominations Briefing for intending Candidates on circa 4 August 2016. Council’s Returning Officer also will be conducting a Post Nominations Briefing to be conducted circa

17 August 2016. This Briefing specifically will be for Candidates; their campaign personnel, and

Scrutineers etc.

NOMINATING FOR ELECTION

Any intending Candidates should refer to the Local Government Act 1993 and the Local

Government (General) Regulation 2005 for full details of requirements and qualifications etc. for

nomination. Candidates should seek their own legal advice on any areas where they have

concern(s) regarding requirements, qualifications, issues or matters of interpretation. Council,

Council’s Returning Officer or Australian Election Company will not provide any information or

advice of a legal nature. The onus is on any Candidate to ensure their nomination is complete

and made to (received by) the Returning Officer by the closing of Nominations; for the 2016

Elections this will be by 12 noon 10 August 2016.

The following information provided is of a general nature only. There are two types of nomination.

Nomination Paper: proposal by electors (Form 2) whereby a minimum of two (2) electors

enrolled in the ward or council area can nominate a Candidate.

Nomination paper: proposal by registered officer for registered political party (Form 3) whereby

the Registered Officer (or the Deputy Registered Officer) of a Registered Political Party

nominate a Candidate;

Nomination forms will be made available to coincide with the opening of nominations. They will also be

available from Council and Australian Election Company (Tel 1800 224 420) or from the Australian

Election Company website www.austelect.com.

If two (2) or more Councillors are to be elected, Candidates may choose to form groups and a claim to

form a group signed by each of the Candidates is submitted by the close of Nominations. Groups may

also request a Group Voting Square, but there must be at least two (2) Groups requesting Group Voting

Squares for Group Voting Squares to be included on the relevant ballot paper.

In conjunction with a Nomination, the deposit for an individual Candidate of $125 is payable in cash or

by a cheque drawn by a deposit taking Financial Institution. Personal cheques are not acceptable.

The deposit must be received by the Returning Officer prior to 12 noon on Nomination Day 8 August

2016.

https://www.olg.nsw.gov.au/

http://www.elections.nsw.gov.au/fd



There is a deposit “discount cap” of $625.00 where a group comprises more than five (5) Candidates

and the Nominations for all Candidates comprising that Group and the $625.00 deposit is provided/paid

and the completed request to be included in a group form are all lodged simultaneously. However if

the Nomination Forms, deposit and the Group request form are all not lodged simultaneously, then the

$125.00 deposit per Nomination is applicable.

The following forms must be lodged:

Completed Nomination Form

Completed Candidate Information Sheet (signature to be witnessed by JP)

Completed Statistical Information Sheet

Claim for Grouping of Candidates (if applicable)

Nomination Deposit(s)

Valid Nominations must be received by the Returning Officer by 12 noon 10 August 2016. Nominations

may be lodged in person, by fax or email. (Where email is used an image of the completed Nomination

paper signed by the proposers and the person proposed for nomination is included in or attached to the

email and that image includes an image of the actual signatures as appearing on the nomination paper.

Where email is involved, the nomination will not be made unless, in addition the completed Nomination

paper, the completed Candidate Information Sheet; the completed Statistical Information Sheet and the

Nomination deposit is received by the Returning Officer before the 12 noon deadline on 10 August

2016.

Candidates will of course need to separately register with the NSW Electoral Commission before

Nomination day for the Election.

The Returning Officer will formally announce Candidates and conduct a Draw to determine their ballot

paper positions, once Nominations have been processed. It is anticipated that Candidate/Group Draws

will be conducted after 3pm 10 August 2016.

Ballot papers include the Candidates’ surname and one given name. Candidates may request to have “independent” printed below their name. Candidates nominated by Political Parties will have their affiliation (or abbreviated affiliation) printed on the ballot paper.

NOMINATIONS – QUALIFICATIONS AND DISQUALIFICATIONS

The broad qualifications (and disqualifications) for holding a civic office are contained in the Local

Government Act Sections 274, 275 & 276.

274 What are the qualifications for civic office?

A person is qualified to hold civic office if:

a) the person is entitled to be enrolled as an elector, and

b) the person is not disqualified from holding civic office by this Act, and

c) the person is not prevented from being elected to civic office by section 276 (2).

275 Who is disqualified from holding civic office?

(1) A person is disqualified from holding civic office:

a) while disqualified from being an elector, or


b) while a judge of any court of the State or the Commonwealth, or

c) while serving a sentence (including a sentence the subject of an intensive correction order)

for a serious indictable offence or any other offence, except a sentence imposed for a failure

to pay a fine, or

d) if he or she is while holding that office, or has been within 2 years before nomination for

election, election or appointment to the office, convicted of an offence under the regulations

made for the purposes of section 748 (3), or

e) if he or she is while holding that office, or has been within 5 years before nomination for an

election, election or appointment to the office, convicted of an offence referred to in Part 4

of the Crimes Act 1900 (Offences relating to Property), or

f) while a surcharge, payable by the person under Part 5 of Chapter 13 and not paid within 6

months after it became payable, remains unpaid, or

g) while disqualified from holding civic office under a provision of this Act or Part 4A of the

Crimes Act 1900 (Corruptly receiving commissions and other corrupt practices), or

h) while disqualified from managing a corporation under Part 2D.6 of the Corporations Act

2001 of the Commonwealth.

(2) A person is disqualified from holding civic office on a council if he or she is an employee

of the council or holds an office or place of profit under the council.

(3) A person is not disqualified from holding civic office only because, while holding the civic office,

the person ceases to be a resident in the area, to own property in the area or to be an occupier

or ratepaying lessee of rateable land in the area.

(4) A person is to be taken not to be disqualified from holding civic office if the Administrative

Decisions Tribunal, in proceedings under section 329, has refused to order the dismissal of the

person in circumstances to which subsection (4) of that section applies.

276 What is the effect of disqualification?’

(1) A person who is disqualified from holding civic office may not be elected or appointed to a civic

office and may not hold, or act in, a civic office.

(2) A person who vacates the office of a councillor by resignation or disqualification may not be

elected to a civic office in the same area (and may not hold, or act in, a civic office in the same

area) until:

a) if the person is not disqualified – the first anniversary of the vacation of office, or the next

ordinary election for the area (whichever occurs first), or

b) if the person is disqualified – the first ordinary election after the person ceases to be

disqualified.

(3) A person convicted of an offence under Part 6 of Chapter 16 for acting in a civic office while

disqualified under section 275:

a) is disqualified from holding civic office for 7 years from the time of conviction, unless the

court determines a shorter period, and

b) is not entitled to receive or recover from the council any money relating to the civic office in

respect of the period in which the person is disqualified.


(4) The council may, within 2 years after the person so convicted receives money from the council

relating to the civic office in respect of the period in which the person is disqualified, recover

the money from the person as a debt.

In the Act Nominations are specifically dealt with in Sections 306, 307, 308 & 308(A). These are copied

hereunder for reference and anaylsis.

306 Nominations

(1) A person who is not duly nominated is not eligible for election as a Councillor, or for election by

the electors of an area as mayor.

(2) To be duly nominated for election as a councillor for an area, or for election as mayor of an

area by the electors of an area, a person must be enrolled as an elector for the area, and must

be qualified to hold that civic office, at the closing date for the election.

(3) A person may not be nominated for election as a councillor for more than 1 ward.

(4) A nomination is to be proposed to and made to the Returning Officer as prescribed by the

regulations and may be withdrawn by the nominee as prescribed by the regulations.

(5) A nomination is to be rejected if the returning officer has not been paid the deposit prescribed

by the regulations for the nomination or (if none is prescribed) a deposit of 50 per cent of the

deposit required to be deposited under the Parliamentary Electorates and Elections Act 1912

for the nomination of a Candidate for election to the Legislative Assembly.

(5A)However, if a group that compromises more than 5 Candidates:

a) proposes the nomination of all members of the group, and pays the deposit for the

nomination of all members of the group, at the same time, and

b) has lodged a claim under section 308A (2),

c) the amount of the deposit for each Candidate included in the group is 5 times the deposit

of one Candidate divided by the number of Candidates in that group.

(6) If a returning officer rejects a proposed nomination and the nominated person applies in

writing for an explanation of the rejection, the returning officer must provide the nominated

person with a written explanation within 7 days.

(7) A deposit may be refunded in accordance with the regulations.

307 Nomination where name omitted from roll

Despite section 306, a person whose nomination for election to a civic office would, but for this section,

be rejected on the ground only that he or she is not enrolled as an elector for the area may be nominated

if:

a) the name of the person has been omitted from the roll of electors mistakenly or

accidentally, and

b) but for that omission the nomination would not have been rejected.

308 Candidate information sheets

(1) A nomination of a Candidate for election to a civic office is to be accompanied by a Candidate

information sheet in the form of a statutory declaration made by the Candidate.


(2) The regulations may make provision for the matters that are to be included in, or that may or

may not be included in, a Candidate information sheet. The regulations may not prohibit the

inclusion in a Candidate information sheet of matter relating to a Candidate’s policies.

(3) The returning officer is to make each Candidate information sheet available for public inspection

at any reasonable time during office hours at the office of the returning officer and at any other

place determined by the returning officer.

(4) An electoral official at each Polling Place is to ensure that a copy of each Candidate information

sheet is displayed at the Polling Place.

308A Grouping of Candidates

(1) This section applies to an election in which there are 2 or more councillors to be elected.

(2) Two or more Candidates duly proposed for nomination for election may, before noon on the

nomination day prescribed by the regulations, claim to have their names included in a group on

the ballot-papers and in the order specified in the claim. The claim is to be lodged with the

returning officer.

(3) A claim under subsection (2) may also include a request for a group voting square for the group

to appear on the ballot-papers to be used in the election concerned, but only if:

a) in the case of an area not divided into wards – the of Candidates in the group on the

nomination day prescribed by the regulations is at least half the number of Candidates to

be elected, or

b) in the case of an area divided into wards – there are at least as many Candidates in the

group on the nomination day prescribed by the regulations as there are Candidates to be

elected.

(4) A group voting square is to be printed on the ballot-papers above the names of the Candidates

in each group that has duly requested a group voting square under subsection (3), but only if more

than one group has duly requested a group voting square.

(5) An application under Part 7 for the name of a political party to be printed adjacent to the name

of a Candidate on the ballot-papers may include a further request for that name or a composite

name to be printed on the ballot-papers adjacent to the Candidates’ group voting square.

Nomination Forms and Requirements

In NSW Council Elections, Candidates must nominate using the prescribed Form 2 or Form 3.

Form 2 relates to nomination by two electors enrolled in the same council area (or ward where a Council

is divided); Form 3 relates to nomination by a Registered Political Party (nomination by a Registered

Officer or Deputy Registered Officer).

So in the case of a Councillor nomination by two electors, the electors must be enrolled in the individual

Council Area in which the Candidate wishes to contest. If the Candidate seeks election as a Ward

Councillor, the two electors must be enrolled in the relevant Ward.

Where a Mayoral Candidate is “proposed” by two electors, these electors must be enrolled in the

Council area that the Mayoral Candidate seeks election.

Where Form 3 is applied, in the case of either a Mayoral or Councillor Candidate, the proposer

(nominator) is the Registered Officer or Deputy Registered Officer of a Registered Political Party.

Form 2 or Form 3 must additionally comprise:


(1) Copies of legislative provisions (from the Act) covering qualifications and disqualifications from civic

office (Sections 274, 275 & 276 & Section 283 of the Act);

(2) Candidate Information Sheet and

(3) Statistical Information Sheet.

An elector is only permitted to act as a proposer (Nominator) for only one person as a Mayoral

Candidate; but may act as proposer for as many Councillor Candidates as there are positions for

Councillor (Reg. 292). However Candidates may not self-nominate.

Where a Council is divided i.e. there are Wards comprising the Council, Candidates may initially lodge

multiple Nominations across the Wards. However, they must formally withdraw all but one Ward

Nomination by the close of nominations otherwise all the nominations will be deemed invalid (Reg. 292).

In a similar vein, Candidates may formally, simultaneously nominate for both a Mayoral and Councillor

vacancies in the same Council; however should the Candidate be elected as Mayor, their Councillor

candidacy is no longer considered and they also could not be elected as Councillor.

4. BALLOT PAPERS

The actual ballot paper formats to be applied are in Forms 4,5 & 6 of Schedule 11 to the Regulations.

Regulations 305 (1)-(8) also provide an explanation of requirements that underpin the formats of the

Prescribed Forms 4, 5 & 6.

We have copied Regulation 305 below for direct reference.

305 Form of ballot-papers

(1) The returning officer is to have ballot-papers printed for the election and is to provide a sufficient

number of ballot-papers to be initialled and used for the election.

(2) Every ballot-paper must contain a mark;

(a) In relation to an election administered by a general manager that bears the name of the

council, or

(b) In relation to an election administered by the Electoral Commissioner that has been

determined by the Electoral Commissioner.

(3) In printing the ballot-papers for an election in which there are no groups, the names of the

Candidates are to be printed in one column (starting at the top) in the order determined as

referred to in clause 302.

(4) In printing the ballot-papers for an election:

(a) in which there is only one group, the names of Candidates included in that group are to be

printed in a group before the names of Candidates, if any, not included in that group, and

(b) in which there are 2 or more groups, the names of Candidates included in the groups are

to be printed in groups across the ballot-papers (starting from the left hand side) in the

order determined as referred to in clause 302, before the names of Candidates, if any, not

included in any such group, and

(c) the order, within a group, in which the names of Candidates in that group are to be printed

in the ballot papers in the order specified in the claim made by them under section 308A

of the Act, and


(d) the names of candidates, if any, not included in any group are to be printed as a group,

without any identification referred to in subclause (5), on the ballot-papers in the order

determined as referred to in clause 302.

(5) In printing the ballot-papers, each group (and each group voting square relating to the group)

is to be identified by the word ‘Group” followed by a successive letter of the English alphabet,

starting with the letter “A”, and if there are more than 26 groups each group (and each group

voting square relating to the group) after the twenty-sixth is to be identified by such symbol as

may be determined by the election manager.

(6) If 2 or more persons have been endorsed by a political party as Candidates in an election and

a claim has been made to include the names of those Candidates in a group on the ballot-

papers, the following requirements apply to the printing of the ballot-papers:

(a) the name of the party by which each Candidate was endorsed is to be printed adjacent to

the name of that Candidate on the ballot-papers,

(b) if all the Candidates were endorsed by the same party and a group voting square is printed

on the ballot-papers in relation to the Candidates the name of the party is to be printed on

the ballot-papers adjacent to that square.

(c) if an application under section 321 of the Act included a request that a composite name be

printed on the ballot-papers adjacent to the candidates’ group voting square—the

composite name is to be printed on the ballot-papers adjacent to that square.

(7) The ballot-papers must show as the names of the Candidates the names under which they

were nominated. The names may be accompanied by descriptions or additions to distinguish

them from each other in any case where a similarity in the names of 2 or more Candidates is,

in the opinion of the returning officer, likely to cause confusion.

(8) For an election in which there are no groups, the ballot-papers are to be in Form 4. For an

election in which there are one or more groups but no group has a group voting square, the

ballot-papers are to be in Form 5. For an election in which there are one or more groups and

one or more groups has a group voting square, the ballot-papers are to be in Form 6.

NOTE: Section 323 of the Act requires the name of a party or the word “Independent” to be

printed as well in certain circumstances.


5. POSTAL VOTING

Postal voting ballot materials will be available as soon as ballot papers are produced after close of nominations. This is expected to be about 17 August 2016.

Applications will be available from your local Returning Officer, Council Office or the website www.austelect.com

Postal Vote applications may be lodged after the close of Rolls. If you are going to be absent from your Council area on Election Day, or if you are unable to vote because of any of the reasons listed below, you may be eligible for a Postal Vote.

WHO CAN APPLY FOR A POSTAL VOTE?

Electors who:

. will not be within the ward or council area for which the election is being held;

. will not be within eight kilometres of a polling place in their ward or area;

. will be travelling and unable to vote;

. are seriously ill or disabled;

. are approaching maternity;

. are unable to attend a polling place because of religious beliefs;

. are in a correctional centre;

. will be caring for someone who requires care for medical reasons;

. will be working;

. are enrolled as a silent elector;

. are a person with a disability; or

. believe that attending a polling place on election day will place their personal safety or

that of their family members at risk.

6. PRE-POLL VOTING

If you are not going to be within your Local Government Area or you will be unable to vote on Election Day, (see the list above) you may be eligible to vote by Pre-Poll. On 29 August 2016 Pre-Poll Voting commences. Pre Poll Voting services /locations will be advertised in the local press, on Council’s website and on the Australian Election Company’s website www.austelect.com.

WHERE AND WHEN DOES PRE-POLL VOTING OCCUR?

Pre-Poll voting is available at the Returning Officer’s office during ordinary business hours of the Council commencing from 29 August 2016 and will be open until 6.00pm, Friday 9 September 2016. The days and times of operation of any other Pre Poll Voting Offices will be advertised in the local press, on Council’s website and on the Australian Election Company’s website www.austelect.com.




7. REGISTRATION OF ELECTORAL MATERIAL

The appointed Returning Officer acts as the “Electoral Material Registrar”. SubOffice 6 of the Regulations outlines the steps/ requirements for registration of electoral material. The provisions underpinning registration of electoral material refer to material that is only distributed etc

on Election Day; the registration requirements do not apply other than for material to be distributed on

Election Day.

Applications for registration of electoral material (for Election Day) may be made to the Electoral

Material Registrar (the Returning Officer) for a particular Council area for:

a particular election of one or more Councillors

a particular election of Mayor (or for Polls or Referendums)

The Application may be made by the Registered Officer of a registered Political Party on behalf of the Political Party; the first Candidate listed in a group of Candidates on behalf of the Group; by a Candidate on their own behalf; by an officer or representative of an incorporated or unincorporated body who is not a Candidate, on behalf of the body; or by an individual who is not a Candidate and on his or her own behalf. Applications for registration may only be made between Nomination Day and 5:00pm on the Friday 8 days before Election Day i.e. that is Friday 2 September 2016. When the Application is submitted, a copy of the draft or sample electoral material to be registered must be provided. At any time during the registration period an applicant may be permitted to allow the draft or sample to be altered or replaced. An applicant is entitled to check or follow-up on the registration of material by applying to the Registrar and seeking “Preliminary Advice” as to whether or not the material may be registered. The Application is to be made in the Approved Form and must be signed by the applicant. The Application may be delivered to the Registrar, or it may be sent by post fax or email. Where the Application is emailed, the application must be scanned and then emailed. Under Reg Clause 356Q the Registrar “must” register the Electoral Material if he/she considers that the

material to be registered is not prohibited under SubOffice 6 of the Regulations.

The Electoral Material Registrar may make enquiries about the authenticity or otherwise of an

Application and whether the Application was made by or with the consent of the Registered Officer.

Reg Clause 356Q(5).

The Electoral Material Registrar, determines the acceptability or otherwise of the material. Where

deemed acceptable, the Registrar must issue a formal Certificate of Registration to that effect.

The Certificate of Registration is to be in the form approved by the Director-General. The Certificate is

“election” specific; it can’t be applied at future By-Elections or Elections.

Electoral Materials which are not registered must not be distributed or made available on

Election Day.

Electoral Material not registered could be distributed up to Election Day, but only if such materials

otherwise comply with the applicable regulatory requirements.

The Application for registration will be made available upon acceptance of a candidate’s nomination and applications may be made only during the period starting with Nomination Day and ending at 5.00pm, Friday, 1 September 2016.


8. DECLARED INSTITUTION VOTING

Declared Institution voting is able to be scheduled between 5 and 9 September 2016. Declared Institutions comprise nursing homes, convalescent homes, retirement homes and some hospitals and similar institutions. The Election Manager for a Council appoints Declared Institutions by nomination day 10 August 2016. Returning Officers will develop firm scheduling arrangements and display these at the relevant Institutions and also advise candidates/political parties.

The Returning Officer will formally advise the Institution’s authorities that “How to vote materials” may

be provided by Candidates/Political Parties to the general office/reception of an Institution for the

availability for perusal by residents/patients.

Candidates and their campaign workers conducting visits to Declared Institutions should ensure their

visits have been finalised before Declared Institution voting is scheduled. Candidates and campaign

workers will not be permitted to attend a Declaration Institution while the Pre-Poll Officers are

conducting their visit. Again, they may make prior arrangement with management to leave material in

advance of scheduled Declared Institution polling.

Scrutineers may be in attendance with Pre-Poll Officers, whilst polling is being conducted.

However, they are not permitted to carry or distribute “How to Vote” material when the polling

is in process. Pre-Poll Officers are also not permitted to carry or distribute copies of any “How

to Vote” materials.

Where any visit to an elector is not permitted on medical grounds by a registered medical practitioner,

then the visit(s) obviously cannot be made.

Polling at Declared Institutions is conducted essentially on the same basis as Pre-Poll (or Ordinary)

voting. The Pre-Poll Officers will be fully equipped with all necessary materials and equipment. It is

typical that ambulant residents might be first processed through a central polling location/venue within

the Institution (for example, a Community or Dining Area), and then the votes of non-ambulant residents

will be taken.

9. VOTERS WITH SPECIAL NEEDS-ASSISTANCE TO VOTERS

If a voter is unable to vote without help, assistance may be provided by another person chosen by the Voter. PERSONS REQUIRING ASSISTANCE TO VOTE - HELP FOR ELECTORS VOTING Inside the Polling Place:

If an elector cannot vote without help (eg, blind, physically disabled, illiterate, etc.) that elector can be assisted to vote by someone chosen by the elector. If no person is nominated by the voter then it is recommended the Polling Place Manager may assist. Such assistance may include explaining the ballot papers and the requirements of ballot paper marking, folding and putting the ballot papers in the ballot box and being with the elector in the voting compartment. Where the Polling Place Manager assists, they should advise any Scrutineers present of the fact. If there are no Scrutineers present they should use another electoral official to witness the assisted voting process. Only one person is permitted to be in any voting compartment at any one time. However, blind, physically handicapped or illiterate voters may request assistance of another person, appointed by the voter. Similarly, if an elector cannot physically enter a Polling Place, but is able to get within close proximity to the Polling Place, the elector may be assisted to vote (for example the voter is in a motor vehicle outside the Polling Place).


10. SCRUTINEERS

A candidate may appoint Scrutineers to act as their representatives at Pre-Poll Offices, Declared

Institutions, within Polling Places, and within the Returning Officer’s Office. Within the Returning

Officer’s Office Scrutineers may: observe the preliminary scrutiny (validation) of Postal Declaration

Votes, check a voter’s entitlement to vote, observe the marking of Certified Lists, and the sorting,

counting, tabulation of and recounting of votes.

Scrutineers must be formally appointed by a Candidate (including a group of Candidates) through

completion, signing, attesting and presentation of the Instrument of Appointment of Scrutineer

(AEF227). Scrutineer forms signed by the Candidate in the form of a facsimile/scanned signature will

be acceptable.

A Scrutineer, on presentation to an Electoral Official of his/her signed/attested Instrument of

Appointment as Scrutineer, is entitled to be present in accordance with his/her appointment. However

scrutineer appointments are particular to the place or function to be observed. Accordingly, if a

Scrutineer is appointed to a particular Polling Place, the same Scrutineer Instrument of Appointment

cannot be applied to say observation of postal vote activities within the Returning Officer’s Office. A

separate (new) Instrument of Appointment would be required to be permitted entry to the Returning

Officer’s Office and to observe postal voting preliminary scrutiny, etc.

A Candidate in an election cannot be a Scrutineer in relation to the same election, or in relation to

simultaneous elections in the same Council area. A Candidate is not entitled to have more than one

(1) Scrutineer present for the following activities:

Pre-Poll voting;

Declared Institution voting;

and within the Returning Officer’s Office for preliminary scrutiny activities.

A Candidate may have one (1) Scrutineer per Issuing Point, or per Counting table in all other

circumstances. Accordingly, if there were 12 Polling Officials engaged in the count of Councillor ballot

papers for a particular Ward, then theoretically, there could be 12 Scrutineers per Candidate.

A Scrutineer appointed by a Mayoral Candidate is not entitled to be present for Councillor

counts/scrutiny activities unless they are additionally so appointed. The converse situation also applies.

Similarly, a Scrutineer appointed for a Councillor (Ward) Candidate will only be entitled to be present

for the election for the particular Ward.

Returning Officers (and Polling Place Managers) must formally brief appointed Scrutineers prior to the

commencement of any counting/scrutiny process providing a definitive outline as to how processes will

be organised/conducted.

Subject always to their specific appointments, Scrutineers are entitled to observe the preliminary scrutiny activities. These will include:

Observation of the opening of sealed ballot boxes containing Postal Declaration and other

Declaration votes.

Scrutineers may challenge the admission or rejection of individual/particular Declaration

envelopes

They may observe and check for details included on Declarations

They may observe the process of the marking of Certified Lists of Voters


The distribution of preferences

They may witness or counter sign labels/parcels

They may challenge the formality, informality of a particular ballot paper

In the situation of a recount, best practice dictates that a Scrutineer may challenge a Returning

Officer’s decision

A Scrutineer may leave the count/scrutiny area and be replaced by another formally and duly

appointed Scrutineer

Scrutineers must wear an identification badge or label at all times, whilst engaged in

scrutineering functions/activities

Scrutineers may observe polling and counting in Polling Places

Scrutineers may observe polling in Pre-Poll Offices and Declared Institutions

Scrutineers must not touch Declaration Envelopes, ballot papers, or any other election material

Scrutineers may observe assisted voting in those situations, where the Voter requires

assistance, but the Voter does not appoint a person to so provide assistance

Scrutineers must not attempt to interfere or influence any Elector in the course of their duties

Scrutineers must not communicate with any other person except as is necessary in the ordinary

discharge or carriage of their duties

Scrutineers must follow the lawful directions of the Returning Officer or other Electoral Officials

Scrutineers (or canvassers) must not obstruct access/egress to polling facilities

Scrutineers must not assist with any count or scrutiny processes.

11. BALLOT PAPER FORMALITY AND INFORMALITY

Regulation 345(1) (Office 9) advises that a ballot paper at an election will be informal if:

the elector has failed to record a vote on it in the manner directed on it;

if the ballot paper has not been initialled on the front of the ballot paper; or

it contains a mark or writing on the ballot paper, that in the Returning Officer’s opinion, would

enable the elector to be identified.

Regulation 345 also needs to be considered against the provisions concerning marking and formality

of Group Voting Square Ballot Papers covered in Section 308B and 308C of the Act. These Sections

are included hereunder.

308B Group Voting – recording of votes

(1) This section applies if a ballot paper has group voting squares.

(2) Instead of marking the separate voting squares for the candidates, the voter may record a vote:


(a) by placing the number “1” in any one of the group voting squares, and

(b) (if her or she wishes) by placing consecutive numbers (beginning with the number “2”) in

any other of those group voting squares, in the order of his or her preference for the various

groups of candidates.

(3) The number “1” appearing in a group voting square for a group indicates:

(a) that the voter’s first preference vote is for the first candidate in the group; and

(b) that the voter’s subsequent preference votes are for the other candidates in the group in

the order in which their names appear on the ballot paper.

(4) Subsequent numbers appearing in group voting squares for other groups indicate that the

voter’s preferences (subsequent to those referred to in subsection (3)) are for the candidates

in those groups:

in the order in which those groups are numbered by the vote; and

(a) within each group, in the order in which the names of the candidates in that group appear

on the ballot paper.

308C Group Voting – marking of ballot papers

(1) If a voter records a vote on a ballot paper by placing a mark in a group voting square but also

indicates preferences for individual candidates, the following provisions apply:

(a) if the indication of preferences for individual candidates would, if it stood alone, constitute

a formal vote, that indication of preferences is taken to be the vote of the voter and the

mark in the group voting square is to be disregarded;

(b) if the indication of preferences for individual Candidates would not, if it stood alone,

constitute a formal vote, it is to be disregarded and the vote of the voter is to be taken to

have been expressed by the mark in the group voting square.

(2) A ballot paper is not informal by reason only that the voter has recorded a vote by placing a

cross or a tick in the group voting square and not placing any mark or writing in any other group

voting square, but the ballot paper is to be treated as if the cross or tick were the number“1”.

(3) A ballot paper is not informal by reason only that the voter has recorded a vote by placing the

number “1” or a tick in a group voting square and placing a cross in (or a line through) all or

some of the other group voting squares on the ballot paper, but the ballot paper is to be treated

as if the marks in those other squares did not appear on the ballot paper and any such tick were

the number “1”.

(4) A ballot paper on which the voter has recorded a vote by placing in one group voting square

the number “1” is not informal by reason only that:

(a) the same preference (other than the first preference) is recorded on the ballot paper for

more than one group, but in the event the ballot paper is to be treated as if those and any

subsequent preferences had not been recorded; or


(b) there is a break in the order of preferences for groups, but in that event the ballot paper is

to be treated as if any preference after the break had not been recorded; or

(c) fewer preferences are recorded than there are Candidates to be elected.

(5) The ballot papers for an election are not informal by reason only that they contain the name of

a Candidate whom a court has declared to be incapable of being elected at that election, but a

preference for such a Candidate (whether individually or as a member of a group) is to be

disregarded, and (if necessary) subsequent preferences are to be renumbered accordingly.

Note: The regulations make further provision regarding the formality of ballot papers.

So Section 308B of the Act provides that an elector may place a ‘1’ in one Group Voting Square

selection box “above the line” and their vote will be formal. In addition, if they wish, the voter may also

number additional Group Voting Square boxes to indicate their order of preferences for other Groups

included “above the line”.

By marking just a ‘1’ “above the line”, the voter indicates their first preference for the first Candidate

listed in the Group and subsequent contingent, consecutive preferences will be for all the other

Candidates comprising that specific Group (as they are listed in that Group) “below the line”.

Section 308C provides that where an elector marks a ballot paper both “above the line” and “below the

line”, that if the “below the line” vote is formal, then the “below the line” markings will take precedence

and be considered. On the other hand, if the “below the line” vote does not constitute a formal vote, the

“above the line” vote is counted and the “below the line” disregarded.

Section 308C provides further “rules” in relation to the consideration of formality and informality. A

ballot paper will not be informal only because:

a voter has placed a tick or a cross in/or adjacent to a Group Voting Ticket Square;

a voter has placed the number ‘1’ or a ‘tick’ in a Group Voting Square and by also placing a

‘cross’ in (or a line through) all or some of the other Group Voting Squares, but the ballot paper

is treated as if the cross or tick were the number ‘1’.

If a voter has marked one (and only one) number ‘1’ in a Group Voting Square “above the line”, but has

marked repeated contingent preferences on the ballot paper “above the line” (say two 3rd preferences),

then the ballot paper is to be treated as if those repeated and any subsequent preferences had not

been recorded on the ballot paper.

Similarly, if a voter has marked one (and only one) number ‘1’ in a Group Voting Square “above the

line”, but the voter marks other preferences for other Groups “above the line”, then, if there is a break

in the order of those preferences, the markings on the ballot paper are to be treated as if any preference,

after the break in preferences had not be recorded.


12. NON-COMPLYING ELECTORAL MATERIAL AND OFFENCES

The relevant provisions are detailed, overarching and in many instances complex. .Candidates should

seek their own legal advice in relation to the design, development and content of Electoral Materials or

in relation to consideration of representations in relation to any alleged breaches of the provisions.

Australian Election Company does not provide legal advice or legal interpretations.

Candidates should refer to all relevant available information including that contained in the

Local Government (General) Regulation 2005 in particular Office 9A SubOffices 1 – 7 inclusive

and Office 10 of the Regulations.

13. COUNTS AND RESULTS

Candidates will be advised by their Returning Officer of the specific programs of Preliminary Scrutiny

(vote validation) and Further Scrutinies to be applied, including the conduct of rechecks and any

required distributions of preferences. After 8.00am on Election Day, the Preliminary Scrutiny of postal

votes will be conducted in the Returning Officer’s Office and after 6.00pm the Scrutiny proper (count)

of Postal, Pre-Poll and Declared Institution votes will be commenced.

Election Night results will be available on Australian Election Company’s website www.austelect.com.

On Sunday after Election Day, the recheck of Mayoral votes likely will be commenced including

Councillor ballot paper rechecks for those Councils conducting their own counts and subsequent

distribution of preferences.

Other Councils will be having their Councillor Ballot Papers centrally, electronically scanned and all

those Candidates involved will be advised of the specific details as to when their Council’s ballot papers

will be scanned/processed.

Election outcomes will be advised to Candidates as soon as practicable after finalisation of count and

distribution processes and Election Managers will advise Returning Officers when Declarations of the

Poll may be conducted.


candidate guide - nsw local government elections, 10 … · 2016-07-26 · registered political...

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