Rules Schedule 2

Municipal Association of Victoria
SCHEDULE 2
Election Procedures for President and members of the MAV Management Board (Rules 11 & 12)

DIVISION 1 — GENERAL REQUIREMENTS APPLYING TO ELECTIONS

1. Nomination

  • 1.1. Any representative wanting to nominate as a candidate for election either to the position of President or as a regional representative of the Board must submit to the Returning Officer a nomination in the form specified in Schedule 4.
  • 1.2. A nomination must be received by the Returning Officer no later than 4.00pm on the twenty first day before Election Day and may be posted, hand delivered or sent by facsimile.
  • 1.3. A representative nominating for election may nominate himself or herself or be nominated by another representative but must be the council’s representative appointed by the council under rule 6.1. and notified to the Association in the form of Schedule 1.
  • 1.4. The Returning Officer must reject the nomination if:
    • 1.4.1. the person nominating is not the representative appointed by a participating member council; or
    • 1.4.2. the person nominating has been nominated by a person who is not the representative of a participating member council; or
    • 1.4.3. the nomination has not been received by the specified closing time.

2. Candidate’s entitlements

  • 2.1. Each candidate for election may provide to the Returning Officer a statement containing no more than 150 words and a photograph of himself or herself a copy of which must be lodged with the nomination form so that it is circulated under clause 12 of this Schedule.
  • 2.2. Each candidate may appoint a scrutineer in writing to the Returning Officer to be present at the ballot to determine the order of candidates on the ballot paper and at the count of the votes.
  • 2.3. A scrutineer appointed in accordance with sub-clause 2.2. has the right to attend either or both of a ballot or count of votes for which he or she is appointed.

3. Withdrawal or death of a candidate

  • 3.1. If the withdrawal or death of a candidate before the conduct of an election means that only one candidate remains in the election, the Returning Officer must declare the remaining candidate to be elected.
  • 3.2. If the withdrawal or death of a candidate before the conduct of an election means that there are no candidates for an election, the election fails and the Returning Officer must:
    • 3.2.1. if the failure relates to the election of President, advise all the representatives;
    • 3.2.2. in any other case, advise the representatives within the relevant region–
    • that the election has failed and that a new election will be conducted.
  • 3.3. The Returning Officer must proceed to conduct an election in accordance with these Rules to fill an extraordinary vacancy as soon as practicable.

4. Returning Officer’s duties

If an election is to be conducted for the office of President and for any of the regional member positions on the Board, the Returning Officer must:

  • 4.1. as soon as practicable after 4.00pm on the closure of nominations hold a ballot by lot to determine the order in which the name of each candidate is to appear on the ballot paper;
  • 4.2. within 7 days of the close of nominations send to each representative eligible to vote a statement setting out the names of the representatives who have nominated, the positions for which they have nominated and the order in which candidates names will appear on the ballot paper; and
  • 4.3. prepare separate ballot papers for each of the elections setting out the names of the candidates who have nominated.

5. Election of President

  • 5.1. If only one representative nominates for the office of President, he or she will be declared elected by the Returning Officer.
  • 5.2. If two or more representatives nominate for the office of President, an election must be conducted by the Returning Officer.

6. Marking of ballot papers for election of President

  • 6.1. Where there are more than two candidates for the office of President, the representative must mark his or her vote on the ballot paper delivered to him or her by placing –
    • 6.1.1. the figure 1 opposite the name of the candidate for whom he or she votes as his or her first preference; and
    • 6.1.2. the figures 2, 3, 4 (and so on as the case requires) opposite the respective names of all remaining candidates so as to indicate by numerical sequence the order of his or her preference for each candidate.
  • 6.2. Where there are only two candidates a ballot paper will be deemed to be sufficiently marked if marked with the figure 1 so as to indicate the representative’s first preference.
  • 6.3. At any election where there are more than two candidates the requirements of this sub-clause will be deemed to be sufficiently complied with if the ballot paper is marked with the figures 1, 2, 3, 4, (and so on as the case requires) opposite the names of all the candidates on the ballot paper except one, and in any such case the representative will be deemed and taken to have given his or her last preference vote for the candidate opposite whose name no figure is placed.
  • 6.4. A ballot paper must be rejected if it is not marked in the manner required.
  • 6.5. If the election is conducted by attendance voting, each representative must within 30 minutes after the delivery of the ballot papers, place his or her ballot paper in the appropriate box provided by the Returning Officer.

7. Election Results for the office of President

  • 7.1. If an election for the office of President has been conducted, the candidate who has received the greatest number of first preference votes, if that number constitutes an absolute majority of votes, is to be declared elected by the Returning Officer.
  • 7.2. ‘Absolute majority of votes’ means a number of votes greater than one-half of the total number of ballot papers (excluding ballot papers which are rejected) and if necessary, includes a vote by lot.
  • 7.3. If no candidate has received an absolute majority of votes, the Returning Officer must –
    • 7.3.1. arrange the ballot papers by placing in a separate parcel all those on which a first preference is indicated for the same candidate and preference votes are duly given for all (or all but one) of the remaining candidates, omitting ballot papers which are rejected; and
    • 7.3.2. declare the candidate who received the fewest first preference votes a defeated candidate; and
    • 7.3.3. distribute the ballot papers counted to the defeated candidate amongst the defeated candidates next in order of the voters’ preference; and
    • 7.3.4. after the distribution, again ascertain the total number of votes given to each non defeated candidate.
  • 7.4. The candidate who has then received the greatest number of votes, if that number constitutes an absolute majority of votes, is declared elected by the Returning Officer.
  • 7.5. If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes a defeated candidate and distributing the ballot papers counted to the defeated candidate amongst the non defeated candidates next in order of the voters’ preference is to be repeated until 1 candidate has received an absolute majority of votes and is declared elected by the Returning Officer.
  • 7.6. If on any count 2 or more candidates have an equal number of votes and 1 of them has to be declared a defeated candidate, the result is to be determined by lot by the Returning Officer.
  • 7.7. If on a final count 2 candidates have an equal number of votes, the result is to be determined by lot by the Returning Officer.

8. Election of 12 regional members of the Board

  • 8.1. If only one representative from a regional grouping of councils nominates for the position of Board member for that region he or she will be declared elected as the Board member for that region.
  • 8.2. If two or more representatives from a regional grouping of councils nominate for the position of regional member of the Board, an election must be conducted by the Returning Officer.

9. Marking of ballot papers for election of regional member of the Board

  • 9.1. Where an election is conducted for a position as a regional Board member, , the representative must mark his or her vote on the ballot paper delivered to him or her by placing –
    • 9.1.1. the figure 1 opposite the name of the candidate for whom he or she votes as his or her first preference; and
    • 9.1.2. the figures 2,3,4 (and so on as the case requires) opposite the respective names of all remaining candidates so as to indicate by numerical sequence the order of his or her preference for each candidate.
  • 9.2. Where there are only two candidates a ballot paper will be deemed to be sufficiently marked if marked with the figure 1 so as to indicate the representative’s first preference.
  • 9.3. At any election where there are more than two candidates the requirements of this sub-clause will be deemed to be sufficiently complied with if the ballot paper is marked with the figures 1,2,3,4, (and so on as the case requires) opposite the names of all the candidates on the ballot paper except one, and in any such case the representative will be deemed and taken to have given his or her last preference vote for the candidate opposite whose name no figure is placed.
  • 9.4. A ballot paper must be rejected if it is not marked in the manner required.
  • 9.5. If the election is conducted by attendance voting, each representative must within 30 minutes after the delivery of the ballot papers, place his or her ballot paper in the appropriate box provided by the Returning Officer.

10. Election results for regional members of the Board

  • 10.1. If an election for any of the regional members of the Board has been conducted, the candidate who has received the greatest number of first preference votes, if that number constitutes an absolute majority of votes, is to be declared elected by the Returning Officer.
  • 10.2. ‘Absolute majority of votes’ means a number of votes greater than one-half of the total number of ballot papers (excluding ballot papers which are rejected) and if necessary, includes a vote by lot.
  • 10.3. If no candidate has received an absolute majority of votes, the Returning Officer must –
    • 10.3.1. arrange the ballot papers by placing in a separate parcel all those on which a first preference is indicated for the same candidate and preference votes are duly given for all (or all but one) of the remaining candidates, omitting ballot papers which are rejected; and
    • 10.3.2. declare the candidate who received the fewest first preference votes a defeated candidate; and
    • 10.3.3. distribute the ballot papers counted to the defeated candidate amongst the non defeated candidates next in order of the voters’ preference; and
    • 10.3.4. after the distribution, again ascertain the total number of votes given to each non-defeated candidate.
  • 10.4. The candidate who has then received the greatest number of votes, if that number constitutes an absolute majority of votes, is declared elected by the Returning Officer.
  • 10.5. If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes a defeated candidate and distributing the ballot papers counted to the defeated candidate amongst the non-defeated candidates next in order of the voters’ preference is to be repeated until one candidate has received an absolute majority of votes and is declared elected by the Returning Officer.
  • 10.6. If on any count two or more candidates have an equal number of votes and one of them has to be declared a defeated candidate, the result is to be determined by lot by the Returning Officer.
  • 10.7. If on a final count two candidates have an equal number of votes, the result is to be determined by lot by the Returning Officer.

11. Where representative has nominated for President and Board member

  • 11.1. If any candidate declared elected as President has also nominated for a position as a regional member of the Board that nomination must be declared to be invalid and any vote expressed for him or her for that other position will be dealt with as if his or her name had not been on the ballot paper and the numbers indicating subsequent preferences had been altered accordingly.
  • 11.2. In the event that such a procedure results in no candidate for a regional member of the Board, an election must be held for the vacancy.

DIVISION 2 – OPTIONAL POSTAL VOTING

12. Application of postal voting

  • 12.1. If the Chief Executive Officer has determined that postal voting will apply to an election, then in addition to the notification required to be given a representative under clause 4, the Returning Officer must at least 10 days before the last day of voting, deliver or send to each representative who is entitled to vote at the election –
    • 12.1.1. a postal vote certificate or declaration;
    • 12.1.2. a ballot paper for postal voting;
    • 12.1.3. a prepaid envelope for the return of the certificate and the ballot paper;
    • 12.1.4. instructions on how to vote;
    • 12.1.5. notice of how and when the ballot paper must be returned by; and
    • 12.1.6. any other material that the Returning Officer thinks is appropriate.
  • 12.2. If an election is conducted by postal voting, a reference in the Rules to ‘Election Day’ is to be taken as a day fixed by the Chief Executive Officer as the last day on which postal ballots may be validly received by the Returning Officer.

13. Ballot papers and declaration envelopes

  • 13.1. Subject to sub-clause 13.2, the Returning Officer must ensure that-
    • 13.1.1. ballot papers are made of marked security paper; and
    • 13.1.2. declaration envelopes are opaque.
  • 13.2. Each replacement declaration envelope issued under clause 14 must be identified as a replacement declaration envelope.
  • 13.3. The Returning Officer must keep a record of all persons who have been issued with a postal voting envelope and must keep a record of all those who have returned a declaration envelope.

14. Issuing duplicate voting materials

  • 14.1. If on or before the last day of voting a representative-
    • 14.1.1. claims that he or she has lost or destroyed the declaration envelope or ballot paper or both; or
    • 14.1.2. claims that he or she has not received a postal ballot envelope; or
    • 14.1.3. satisfies the Returning Officer that he or she has spoilt the declaration envelope or ballot paper or both and returns the spoilt declaration envelope or spoilt ballot paper or both,
    • 14.1.4. the Returning Officer must issue the voter with the appropriate replacement material.
  • 14.2. If a spoilt declaration envelope or ballot paper has been returned under sub-clause 14.1.3. the Returning Officer must cancel the spoilt declaration envelope or ballot paper.
  • 14.3. The Returning Officer may use any means of identifying declaration envelopes, ballot papers and postal ballot envelopes issued under this provision which he or she considers appropriate to comply with clause 16.

15. Requirements applying to representatives

  • 15.1. A representative voting must -
    • 15.1.1. mark his or her preference on the ballot paper in the manner required in this Schedule;
    • 15.1.2. sign his or her name on the declaration envelope in the place provided and complete any details where indicated;
    • 15.1.3. insert the completed ballot paper in the declaration envelope provided and seal the envelope; and
    • 15.1.4. place the declaration envelope in the prepaid envelope provided.
  • 15.2. The representative must post or deliver the prepaid envelope containing the declaration envelope and ballot paper to the Returning Officer at the address on the envelope so as to reach the Returning Officer not later than 6.00pm on the last day of voting or to deliver it to the address designated by the Returning Officer for that purpose not later than 6.00pm on the last day of voting or by any other time specified by the Returning Officer.

16. Receipt of declaration envelopes

  • 16.1. The Returning Officer may before the close of voting –
    • 16.1.1. remove the declaration envelopes from the prepaid envelopes;
    • 16.1.2. separate the signed declaration envelopes from the unsigned declaration envelopes;
    • 16.1.3. disallow the unsigned declaration envelopes;
    • 16.1.4. arrange all signed declaration envelopes according to the appropriate regional grouping of councils.
  • 16.2. The Returning Officer must –
    • 16.2.1. identify the declaration envelopes issued under clause 14;
    • 16.2.2. satisfy himself or herself that –
      • 16.2.2.1. the person voting was entitled to vote; or
      • 16.2.2.2. the person has not voted or attempted to vote more than once at the election; or
      • 16.2.2.3. the replacement declaration envelope was signed by the same person whose name appears on the list of representatives entitled to vote.
  • 16.3. If the Returning Officer is satisfied he or she must accept the ballot paper within the declaration envelope for further scrutiny without opening the declaration envelope in which it is contained, but if the Returning Officer is not satisfied the ballot paper within the declaration envelope must be disallowed without opening the declaration envelope within which it is contained.
  • 16.4. The Returning Officer must arrange all the declaration envelopes containing accepted ballot papers in accordance with sub-clause 16.1.4.

17. Security of declaration envelopes

  • 17.1. The Returning Officer must ensure that all declaration envelopes received are placed in a properly secured postal ballot container until after the close of voting.
  • 17.2. The Returning Officer must ensure that all declaration envelopes remain unopened until the close of voting.

18. Handling of election materials

  • 18.1. The Returning Officer must as soon as practicable after the close of voting do the following in the presence of any scrutineers and any other person who is authorised -
    • 18.1.1. open the postal voting container and remove its contents;
    • 18.1.2. make up into separate parcels-
      • 18.1.2.1. the records kept of persons who have returned a declaration envelope;
      • 18.1.2.2. the spoilt ballot papers and the declaration envelopes;
      • 18.1.2.3. the unsigned declaration envelopes;
      • 18.1.2.4. the declaration envelopes disallowed under sub-clause 16.1.3. and 16.3;
      • 18.1.2.5. the unused declaration envelopes;
    • 18.1.3. open the signed declaration envelopes and take out the ballot papers;
    • 18.1.4. make up the signed declaration envelopes into separate parcels and ascertain the number of votes received by each candidate and the number of informal votes;
    • 18.1.5. set aside the informal ballot papers;
    • 18.1.6. make up into separate parcels –
      • 18.1.6.1. the used ballot papers;
      • 18.1.6.2. the informal ballot papers;
      • 18.1.6.3. the unused ballot papers;
    • 18.1.7. prepare and sign a certificate which may be signed by any of the scrutineers specifying the number of –
      • 18.1.7.1. votes received by each candidate;
      • 18.1.7.2. ballot papers set aside as informal;
    • 18.1.8. make a statement on the outside of each parcel containing –
      • 18.1.8.1. a description of its contents;
      • 18.1.8.2. the name of the council and the regional grouping of councils;
      • 18.1.8.3. the date of the count;
      • 18.1.8.4. enclose and properly fasten each parcel and sign the statement made under paragraph (h) and permit any scrutineer to sign the statement.
  • 18.2. As far as practicable, the Returning Officer must ensure that the ballot paper is removed from a signed declaration envelope in a way that prevents any person from seeing how a representative voted.
  • 18.3. The Returning Officer must as soon as practicable ascertain from the certificate prepared under sub-clause 18.1.7 the number of first preference votes given to each candidate.

19. Safe custody of ballot materials

  • 19.1. The Returning Officer is responsible for the safe custody of postal ballot envelopes and all documents and materials, including during the adjournment of any count of the vote, and must –
    • 19.1.1. keep a record of the ballot papers that have been printed; and
    • 19.1.2. reconcile that number with the number of ballot papers which have been issued, spoilt or unused
  • 19.2. The Returning Officer must –
    • 19.2.1. certify the record kept under sub-clause 19.1. as being true and correct; and
    • 19.2.2. submit the record to the Association as soon as practicable after election day.