this handbook is provided for information only. it was current · right of entitlement . a person...

This handbook is provided for information only. It was current at the time it was originally published, but does not reflect changes resulting from the introduction of the Local Government Act 2020.

© State of Victoria (Victorian Electoral Commission) 2016

This work, Candidate Handbook - Attendance, is licensed under a Creative Commons Attribution 4.0 licence [http://creativecommons.org/licenses/by/4.0/]. You are free to re-use the work under that licence, on the condition that you credit the State of Victoria (Victorian Electoral Commission) as author, indicate if changes were made and comply with the other licence terms. The licence does not apply to any branding, including government logos

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Contents

ELECTION TIMELINE (ATTENDANCE) .......................................................................... I

INTRODUCTION ............................................................................................................. 1

1. NOMINATING AS A CANDIDATE .......................................................................... 2

1.1 Eligibility to stand for council ................................................................................................................ 2

1.2 Enrolment on voters’ roll ...................................................................................................................... 4

1.3 Nomination procedures ........................................................................................................................ 5

1.4 Nomination checklist .......................................................................................................................... 10

2. CANDIDATE QUESTIONNAIRE ........................................................................... 11

2.1 Candidate questionnaire checklist ..................................................................................................... 13

3. HOW-TO-VOTE CARDS AND OTHER ELECTORAL MATERIAL ....................... 14

3.1 How-to-vote-cards .............................................................................................................................. 14

3.2 Printing and publication of electoral material ..................................................................................... 18

3.3 How-to-vote cards and other electoral material checklist .................................................................. 19

4. VOTING AND RESULTS ....................................................................................... 20

4.1 Conduct at voting centres .................................................................................................................. 20

4.2 Voting ................................................................................................................................................. 21

4.3 Obtaining the result ............................................................................................................................ 22

4.4 Scrutineers ......................................................................................................................................... 24

4.5 Voting and results checklist ............................................................................................................... 26

5. ELECTION COMPLIANCE AND POST-ELECTION ACTIVITIES ........................ 27

5.1 Election Offences ............................................................................................................................... 27

5.2 Compulsory voting enforcement ........................................................................................................ 30

5.3 Complaints ......................................................................................................................................... 30

5.4 Municipal Electoral Tribunal ............................................................................................................... 31

5.5 Extraordinary vacancies..................................................................................................................... 32

5.6 Disclosure of election donations ........................................................................................................ 33

5.7 Election compliance and post-election activities checklist ................................................................. 34

6. APPENDICES ....................................................................................................... 35

Appendix 1: How-to-vote card checklist ...................................................................................................... 35

Appendix 2: Result where only one candidate is to be elected ................................................................... 37

Appendix 3 Result where two or more councillors are to be elected .......................................................... 38

Appendix 4 Counting activities .................................................................................................................... 41

7. GLOSSARY ........................................................................................................... 43

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Election timeline (Attendance)

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Introduction This handbook is intended to assist candidates in Victorian local government attendance elections conducted by the Victorian Electoral Commission (VEC). The handbook outlines aspects of electoral law that directly relate to candidates. The handbook is not a substitute for the law and should be read in conjunction with the Local Government Act 1989 and the Local Government (Electoral) Regulations 2016. The public can access the most recent version of Victorian legislation at legislation.vic.gov.au Candidates are encouraged to make an appointment with the Returning Officer early in the nomination period to discuss election arrangements, and to utilise the VEC’s online candidate helper to pre-complete their nomination form. The Returning Officer will conduct an information session for prospective candidates and provide a Candidate Information Kit with relevant handbooks and forms for candidates and their scrutineers. Candidates are reminded that while the VEC will provide information, it does not provide legal advice. Candidates must satisfy themselves as to their legal position including, where appropriate, by obtaining their own legal advice. It is the responsibility of individual candidates to ensure that they comply with electoral law.

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

NOMINATING AS A CANDIDATE CANDIDATE HANDBOOK-ATTENDANCE

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1. Nominating as a candidate

Overview

This chapter provides information on the eligibility requirements to nominate as a candidate for local council. Prospective candidates are encouraged to consider their eligibility in reference to this chapter and the relevant provisions of the Local Government Act 1989. The chapter also provides information on the process of nominating, including how to prepare a nomination form using the VEC’s online candidate helper. Candidates must lodge their nomination form in person with the Returning Officer for the council in which they are nominating.

1.1 Eligibility to stand for council

Please see the Local Government Act 1989 (Act) for more detail on candidate eligibility.

Candidates should read sections 28 and 28A of the Act prior to completing a nomination form. It is each candidate’s responsibility to ensure that they are qualified to nominate. If necessary, they should seek their own legal advice.

Qualifications Section 28 of the Act states that: 28(1) A person is qualified to be a candidate for the office of Councillor if he or she has an entitlement referred to in section 11. 28(1A) A person is qualified to become and continue to be a Councillor at a particular time if, were that particular time the entitlement date and a voters’ roll prepared, subsection (1) would apply to that person. The Returning Officer must reject as being void a nomination from a person who is not enrolled on the voters’ roll for the election. It is an offence to nominate as a candidate for election if you are not qualified to do so. See section 5.1 ‘Election offences’.

Disqualifications The Act provides a list of conditions which disqualify a person from becoming a councillor or nominating as a candidate. The disqualifications for nominating as a candidate include if the person: • is a member of an Australian Parliament, including the Federal

Parliament or a Parliament of a State or Territory of the Commonwealth of Australia

• is a councillor of another council, including interstate councils • is employed as a Ministerial officer, Parliamentary adviser or an

electorate officer by a member of an Australian Parliament, including the Federal Parliament or a Parliament of a State or Territory of the Commonwealth of Australia

• is an undischarged bankrupt • has property that is subject to control under the law relating to

bankruptcy • is of unsound mind


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• is a member of staff of the council for which he or she intends to be a councillor, unless he or she has taken leave to stand as a candidate and, if elected, resigns immediately upon the declaration of results

• is not an Australian citizen or a British subject who was on an Australian electoral roll at the start of 1984 or

• is otherwise incapable of becoming or continuing to be a councillor. Candidates who are currently employed as a Ministerial officer or Parliamentary adviser must take leave from their position and not perform any duties of the position. If elected, the candidate cannot take the oath of office until they have resigned from their employment. Candidates who are currently members of staff of the council for which they are standing for election must take leave to stand for election and resign from their council employment immediately after being declared elected. Persons who are disqualified as a result of a conviction for offences referred to in section 29(2) of the Act may apply to the Victorian Civil and Administrative Tribunal (VCAT) for relief from the disqualification after a period of four years from the date of the conviction.

This list is not exhaustive.

Persons intending to nominate should familiarise themselves with the Act for a full list of disqualifications.


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1.2 Enrolment on voters’ roll

All prospective candidates are advised to read sections 11 to 17 of the Act regarding enrolment qualification. If interpretation is required it is important to seek legal advice. For completeness, this section summarises all of the enrolment entitlements that exist at local government elections. Many of these entitlements include voters who are not Australian citizens. However, only Australian citizens (and qualified British subjects) who are enrolled on the voters’ roll for a council may stand for election to that council.

Persons entitled to be enrolled without application

The following persons are entitled to be enrolled without application: • a person who on entitlement date would be an elector in respect of an

address in a ward if a roll for the Legislative Assembly was prepared, is entitled as a resident without application to be enrolled on the voters’ roll in respect of that address [section 12 of the Act]

• up to two owners, not a resident of the municipal district [section 13 of the Act].

Persons who own multiple properties within a council area and do not live within the council area may nominate which property is used for voting purposes. If no written request is received, the council must choose one and may use capital improved value [sections 13(6) and (7) of the Act].

Only two ratepayer entitlements for any rateable property

For non-resident property owners, there can be no more than two voting entitlements for the same rateable property on the council’s Chief Executive Officer’s list. Owners should contact the council to confirm an entitlement [sections 13, 14, 15 and 16 of the Act].

Persons entitled to apply to be enrolled

Applications to the council for enrolment on the Chief Executive Officer’s list may be made by: • a resident owner of a property not automatically entitled to be enrolled

(e.g. non-citizens) [section 14(1) of the Act] • occupiers who are liable to pay the rates in respect of any rateable

property may apply with the owner’s consent and replace the owner’s voting entitlement. An occupier is typically someone who operates a business in rented premises within the council area [section 15 of the Act]

• a corporation that owns or occupies rateable property, whether solely or jointly with other persons, and is liable to pay rates in respect of the rateable property may apply to appoint a person to vote on its behalf [section 16 of the Act].


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Corporation appointees must be a director or company secretary, at least 18 years of age, and have no other entitlements on the voters’ roll for the election. Appointees must have consented in writing to their appointment [section 16(9) of the Act]. Enrolments by application are only valid for one election cycle and expire on the day before the entitlement date for the next election [section 11(7) of the Act].

Applications for enrolment

Section 11(6) of the Act requires that an application must: (a) be in writing (b) contain the details required by the Regulations (c) be delivered to the council office by 4.00 pm on the entitlement

date.

Penalties Refer to section 5.1 ‘Election offences’ in this handbook for more information on penalties for false information in relation to enrolment.

Limitations on right of entitlement

A person or corporation is not entitled to choose which right of entitlement conferred by sections 12(1), 13(1), 14(1) or 15(1) of the Act to exercise. These categories are hierarchical and a person must be enrolled in the first category in which an entitlement is held. Regardless of how many voting entitlements a person may have within a council area, any person is only entitled to vote once at elections in respect of that council [section 11(3) of the Act].

1.3 Nomination procedures

Prospective candidates must first complete and lodge a nomination form. Nomination forms can be pre-completed using the online candidate helper on the VEC website vec.vic.gov.au The nomination form can also be downloaded from the VEC website for completion by hand. Nominations must be submitted by 12 noon on Tuesday 20 September. Late nominations cannot be accepted.

Candidate helper

Prospective candidates are encouraged to use the online candidate helper available on the VEC website to pre-complete the nomination form. The online candidate helper guides candidates through each part of the nomination form. Once all details have been entered and are correct, the information should be saved and the pre-completed nomination form can be printed. Candidates who wish to save their progress and return to the nomination form at a later time should make a note of the reference number provided by the application. Nominations cannot be finalised online. All candidates must lodge their completed nomination form, with their nomination fee, in person with the Returning Officer.

http://www.vec.vic.gov.au/


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Paper nomination form

The nomination form can be downloaded from the VEC website for completion by hand. The paper nomination form can also be found in the Candidate Information Kit or obtained from the Returning Officer. Nomination forms completed by hand will need to be entered into the VEC’s election management system at the election office. Depending on the number of candidates nominating, especially on nomination day, there could be considerable waiting time for candidates who lodge a hand-written nomination form.

Completing the nomination form

Candidates must provide their full name, the address for which they are enrolled on the voters’ roll, and, if different, their residential and/or postal addresses on the nomination form. If a candidate has changed his or her name from that which appears on the voters’ roll, the candidate must attach evidence of the change of name to the nomination form. A person must not nominate as a candidate for more than one election of councillors to be held on the same day otherwise all nominations by that candidate are void. Candidates should carefully check their contact details before lodging the nomination form. Once these details are published, changes may not be possible. Candidates must sign the first page of the nomination form after checking the correctness of the details on that page. The signature on the second page of the nomination form relates to the candidate’s declaration and must be signed in the presence of the Returning Officer. At the election office, candidates will be given an opportunity to confirm their nomination details have been captured correctly by the Returning Officer before their nomination is finalised.

Name on ballot paper

A candidate's name will appear on the ballot paper in the form specified in the nomination form. The surname must be as it appears on the voters’ roll. Acceptable alternatives to a candidate’s full given name/s include: • initial/s standing for that name • a commonly accepted variation of that name, including an abbreviation

or an alternative form of that name • a commonly used other name specific to the candidate by which the

candidate is usually identified. A candidate will be required to produce evidence to the satisfaction of the Returning Officer that it is a name by which the candidate is usually identified. This includes where a person’s middle name is used as their first name.

If a candidate has changed his or her name from that which appears on the voters’ roll, the candidate must attach evidence of the change of name to the nomination form.


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When specifying the way a name is to appear on the ballot paper, candidates must: • print SURNAME and INITIALS (if given), in capitals (e.g. SMITH, T. E.):

• if the surname normally has any lower case letters or accents please specify clearly on the form (e.g. MacALISTER, van LEW or GLASÉ)

• ensure the format of initial/s includes a full stop and, if more than one initial, a space between each letter (e.g. T. E.).

• print given name or names in title case (e.g. MacALISTER, John P. or de FRIES, Joan Anne)

No affiliations or allegiances (e.g. ALP, Liberal, Australian Greens), titles (e.g. Dr, Prof), professional memberships (e.g. FRACP, CPA, MIPAA), qualifications (e.g. PhD, MA, DipEd), or honours (e.g. AO, PSM, OBE) may appear on a ballot paper beside the name of any candidate. Candidates pre-completing their nomination form using the online candidate helper will be assisted in this process.

Short notice contact

The nomination form requests candidates to identify a preferred short-notice contact. Candidates are asked to place an asterisk next to the phone number or email address that can be used by the Returning Officer when they need to contact the candidate urgently. The email address provided by candidates will be used for normal communications with the candidate, such as bulletins from the Returning Officer about any important updates. The email address will also be used to contact candidates regarding access to the voters’ roll.

Nomination forms must be lodged in person. A candidate must sign the declaration on the nomination form in the presence of the Returning Officer and therefore will need to attend the election office in person to lodge the form. Nomination forms must be lodged with the Returning Officer after the voters’ roll has been certified and no later than 12 noon on nomination day.

Candidate not on voters’ roll

The Returning Officer must reject a nomination from a person who is not enrolled on the voters’ roll for the election.

Payment of fee

A nomination fee of $250 must accompany each nomination form. The nomination fee must be paid in cash or by a cheque drawn on a bank, building society or credit union. Personal cheques or money orders cannot be accepted. Cheques should be made payable to the Victorian Electoral Commission.

Voters’ roll Candidates may request access to the voters’ roll for the nominated ward or unsubdivided council. The voters’ roll will be provided to candidates using the VEC’s secure data exchange server. Instructions on how to use the data exchange will be provided by email.


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Inspection of nomination forms

Nomination forms will be available for public inspection at the election office during office hours. Where a candidate is enrolled as a silent voter, their contact details will be suppressed from public inspection. A summary of nominations, including the contact person’s details for each candidate, will be updated at the end of each business day during the nomination period and displayed at the election office. Contact details for candidates will be updated on the VEC website twice daily during the nomination period.

Ballot draw The order that candidates’ names will appear on the ballot paper is determined by a computerised single random draw or, in some cases, a manual draw will be conducted. The computerised draw software has been independently certified, determining that the draw is completely random. The Returning Officer will conduct the draw at the election office after nominations close. Candidates will be advised of the time for the ballot draw. Candidates and any other persons may attend. Following the draw, a sample how-to-vote card template will be provided by the Returning Officer listing candidates in the ballot paper order, which may be used for preparing how-to-vote cards.

Refund of fees

The $250 nomination fee is refunded to candidates who: • are declared elected or • receive not less than four percent (4%) of the total number of formal

votes received by all candidates at the election for the electorate the candidate was contesting.

Refunds will be provided as soon as practicable after all elections have been declared. To claim the refund, candidates are requested to complete the electronic transfer request form available in the Candidate Information Kit. The completed form must be lodged with the Returning Officer before the close of voting. Any candidate who is entitled to a refund and has not lodged the electronic transfer request form will be issued with a refund by cheque. This is a manual process and may take additional time.

Withdrawal of a candidate

A candidate may withdraw their nomination prior to the close of nominations. A notice of withdrawal form is available from the Returning Officer and must be completed and submitted to the Returning Officer prior to 12 noon on nomination day. The nomination fee will not be refunded.

A candidate cannot transfer nomination details or nomination fee if they wish to withdraw from the election for one ward and nominate for another ward. They must complete a new nomination form and pay the nomination fee.

Retirement of a candidate

A candidate may retire from the election after nominations close if the retirement will result in an uncontested election or after receiving advice from the Returning Officer stating that they are not qualified to be a candidate or that they may be disqualified from nominating [clause 8 and


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9A of Schedule 2 of the Act]. The candidate must give the Returning Officer a signed notice of retirement. The nomination fee will not be refunded to a retiring candidate.

Death of a candidate

If a candidate who has nominated dies before the close of nominations, their nomination is void. If a candidate dies after the close of nominations, but before election day, the election continues and the VEC will make every effort to have ballot papers re-printed without the name of the deceased candidate. Where it is not possible to re-print the ballot papers, the Act provides particular directions for managing the preferences assigned to the deceased candidate during the counting activities. If the death of a candidate results in an uncontested election the remaining candidate(s) will be declared elected. The nomination fee will be refunded to the candidate's personal representative.

Uncontested elections

If, at the close of nominations or on the retirement of a candidate, the number of nominations is equal to the number of vacancies to be filled, the Returning Officer must declare the nominated candidates elected and give public notice of their election. In the case of a general election, the Returning Officer’s declaration must be made as soon as practicable on or after election day. In a by-election, the declaration is made immediately following the close of nominations or immediately following the date specified in the outgoing councillor's notice of resignation, whichever is the later. If the number of candidates is less than the number of vacancies to be filled, the Returning Officer must declare those candidates elected. The remaining vacancies will be treated as extraordinary vacancies (see section 5.5 ‘Extraordinary vacancies’). If there are no candidates for an election, the election fails and the Returning Officer must give public notice that the election has failed.


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1.4 Nomination checklist

Checklist for candidates:

1. Confirm eligibility to nominate.

Enrolled on the voters’ roll for the council you wish to nominate for? Australian citizen or qualified British subject? Not disqualified for any reason?

2. Complete a nomination form.

Use the online candidate helper at vec.vic.gov.au and print completed

nomination form or Download a nomination form or find one in the Candidate Information Kit and

complete. 3. Nominate before 12 noon on nomination day (see election timeline).

Make an appointment with the Returning Officer Lodge nomination form at the election office Sign declaration on the nomination form in the presence of the Returning

Officer Pay nomination fee by cash or bank cheque ($250).

CANDIDATE QUESTIONNAIRE CANDIDATE HANDBOOK-ATTENDANCE

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2. Candidate questionnaire

Overview

This chapter provides information for candidates on how to complete and lodge their answers to the candidate questionnaire. Candidates are encouraged to use the VEC’s online candidate helper to prepare their answers. The candidate questionnaire is prescribed by the Regulations and candidates’ answers will be published on the VEC website. Candidates’ answers to the questionnaire will also be available at the election office on request. The VEC is required to provide appropriate advice to voters where any candidate has not provided answers to one or more questions in the candidate questionnaire.

What is the questionnaire?

A candidate may complete a candidate questionnaire for publication on the VEC website or to be made available to voters at the election office. The questions contained in the candidate questionnaire are prescribed in the Regulations. The purpose of the candidate questionnaire is to provide voters with information on the background and qualifications of each candidate. The information will allow voters to compare each candidate’s experiences. Answers to the candidate questionnaire must be lodged with the Returning Officer by 12 noon on the day after nomination day.

Questionnaire format

The candidate questionnaire consists of a number of questions and includes a mixture of yes/no, multiple choice and free text responses. Some limitations on the responses are prescribed by legislation.

Completion of the candidate questionnaire is voluntary. However, the VEC will publish advice showing which candidates did not lodge answers to the candidate questionnaire or did not answer any particular question.

Online completion

Candidates are encouraged to prepare their answers to the candidate questionnaire using the online candidate helper available on the VEC website. The online candidate helper guides candidates through the candidate questionnaire similar to completing an online survey. The application will allow candidates to proceed without answering any question, as responding to the questionnaire, or any question within the questionnaire, is voluntary. Answers to candidate questionnaires cannot be finalised online. Once a candidate is satisfied that their answers are complete, the information should be saved and the pre-completed candidate questionnaire can be printed for lodgement with the Returning Officer. Candidates who wish to save their answers and return to the online candidate helper at a later time, should make a note of the reference number provided by the application.


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Paper completion of questionnaire

The candidate questionnaire lodgement form can also be printed from the VEC website and is available in the Candidate Information Kit or from the Returning Officer. The form includes the declaration prescribed by the legislation. Candidate questionnaire lodgement forms that are not completed using the online candidate helper will need to be entered into the VEC’s election management system at the election office.

Please check the completed questionnaire carefully as responsibility for the accuracy of each answer rests with the candidate. Questionnaires must not contain any offensive or obscene content.

Declaration Answers to the candidate questionnaire must be accompanied by a signed and dated declaration by the candidate that the answers provided in the candidate questionnaire lodgement form are true and correct. Answers lodged without a signed declaration cannot be accepted.

Evidence of political party endorsement

Where a candidate’s answer to the questionnaire claims an endorsement by a registered political party, the candidate must lodge a document with the Returning Officer containing the written consent of the registered officer of the party at the same time as lodging the candidate questionnaire lodgement form. Note that only political parties registered under the Electoral Act 2002 at the time of lodging the candidate questionnaire lodgement form will be accepted. The VEC website includes the list of registered political parties and their registered officers.

Lodging the answers to the questionnaire

A candidate’s answers to the candidate questionnaire must be lodged by the candidate, or by a person authorised in writing by the candidate, no later than 12 noon on the day after the close of nominations. Candidate questionnaire lodgement forms must be lodged with the Returning Officer in person or by scanning and attaching the completed (and signed) form to an email sent to the email address provided by the Returning Officer. The completed candidate questionnaire lodgement form must include the signed declaration and if the form is being lodged by an authorised person, the candidate’s written authorisation for that person to lodge the candidate questionnaire. Once the candidate questionnaire lodgement form has been submitted, the Returning Officer will check the answers. If the answers comply with the legislation, they will be accepted. The answers to the candidate questionnaire will be printed as they were lodged and signed by the candidate. Responsibility for the accuracy of the answers rests entirely with the candidate. Candidates should check and proof-read their answers carefully before lodging the candidate questionnaire lodgement form.

Questionnaires must be submitted to the Returning Officer with the declaration signed by the candidate prior to 12 noon on the day after the close of nominations.


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2.1 Candidate questionnaire checklist

Checklist for candidates: 1. Candidate questionnaire (for publication on the VEC website)

Use the online candidate helper at vec.vic.gov.au and print the completed candidate questionnaire lodgement form or

Download a candidate questionnaire lodgement form or find one in the candidate information kit and complete

Complete the declaration on the form and sign Submit in person, via an authorised person, or by email

(if available). Check the election timeline for submission date and time.

HOW-TO-VOTE CARDS AND OTHER ELECTORAL MATERIAL CANDIDATE HANDBOOK-ATTENDANCE

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3. How-to-vote cards and other electoral material

Overview

This chapter provides information on what constitutes a how-to-vote card, details the procedure for lodging a card for registration by the Returning Officer and the rules around distributing them. Only registered how-to-vote cards may be distributed within 400 metres of an election day voting centre or early voting centre during the hours of voting. This information applies to any person that may want to register a how-to-vote card, not just candidates. The chapter also provides information on the legal requirements applying to electoral material.

3.1 How-to-vote-cards

What is a how-to-vote card?

A how-to-vote card (HTVC) is any card, handbill, pamphlet or notice: • which is or includes a representation or partial representation or

purported representation or purported partial representation of a ballot paper for use in an election; or

• which lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates or a statement that a number indicating an order of voting preference must be placed against the name of each candidate.

Registered how-to-vote cards are the only form of printed electoral material which may be lawfully distributed within 400 metres of an election day voting centre or early voting centre during the hours of voting.

Application for registration

HTVCs can be submitted to the Returning Officer for registration from the first working day after the close of nominations until 12 noon on the sixth working day before election day. Refer to the election timeline for the particular dates. A HTVC must be submitted with the Application to Register a How-to-vote Card form. A separate application form must accompany every card that is being lodged for registration, even when the ballot paper representation and how-to-vote instructions may be common among different versions of a card. An Application to Register a How-to-vote Card form can be found in the Candidate Information Kit and may be photocopied as required. Applications are also available from the Returning Officer. The form includes a declaration that is required to be signed in the presence of an election official. Do not sign the declaration before you lodge the form.

Submitting HTVC for registration

Each card must meet the requirements listed in the How-to-vote Card Checklist (see Appendix 1). Check each item as it applies to your card, paying particular attention to the spelling of candidates’ names, and that the council and ward names are correctly noted.


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You must include the following endorsement at the end of your printed card: • Authorised by (name and address of authoriser) • Registered by the Returning Officer for (insert name of council).

HTVCs printed on both sides

The side of the card containing the HTVC must contain the full endorsement. If the reverse side contains electoral material it must have ‘Authorised by’ printed on it. If the reverse of the card also refers to ‘how-to-vote’, then the reverse side of the card must be registered separately, and also contain the full endorsement.

Photographs on HTVC

If a HTVC lodged for registration includes any photograph of a person other than the applicant, or if photographs clearly identify members of a particular organisation, the VEC strongly advises the person lodging the HTVC to ensure they have the express permission of the people shown in the photograph to use the image in the HTVC. The VEC does not provide advice to applicants lodging a HTVC for registration in relation to any potentially contentious use of a photograph. The VEC cannot regulate the use of photographs on a HTVC, unless a photograph is considered to be offensive or obscene.

Who can apply for HTVC registration?

Any person may lodge an application to register a HTVC with the Returning Officer. However, if the card is being registered on behalf of a group or organisation, the applicant name on the Application to Register a How-to-vote Card must be the name of a person, rather than the name of the group or organisation. HTVCs lodged for registration must clearly identify the person, group, or organisation on whose behalf the card is to be distributed.

Endorsed candidates

If a candidate is claiming endorsement by a political party, group, or person on their HTVC, or a HTVC lodged for registration uses a party logo, the applicant must obtain permission from the party, group, or person in the form of a letter. A HTVC that carries a claim of endorsement cannot be registered until the Returning Officer receives the appropriate paperwork.

Unless candidates are formally endorsed by a particular party, group or person, and provide the Returning Officer with evidence of such an endorsement, they should not include any material on their HTVC that suggests they are endorsed by the party, group or person

For example, the following would not be acceptable on a HTVC without written permission from the party or group: • ABC Party’s candidate for this election • Use of the party’s or group’s logo, or part of the logo.


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Note that an endorsement is quite separate from statements of fact about a person’s associations. For instance, the following would be acceptable for candidates without written permission of a party or group: • Member of the ABC Party • Candidate with ABC values

Content in language other than English

If a HTVC lodged for registration contains a section in a language other than English, the applicant must also attach to the application an accurate translation into English of the non-English section and a declaration that the translation is accurate. If there is more than one language other than English, a translation into English and declaration of the accuracy of the translation must be provided for each language.

Registration process

After a HTVC is lodged for registration, the Returning Officer will review the application. Before noon on the next working day after receiving an application to register a HTVC, the Returning Officer must inform the applicant: • that the Returning Officer is registering the HTVC or • that the Returning Officer is refusing register the HTVC and • provide the reasons for refusing to register the HTVC. Once a HTVC has been registered, the Returning Officer will make a copy of the registered HTVC available for inspection at the election office. Any person has the right to inspect the registered HTVCs. The VEC will also publish on its website details of registered HTVCs including the name of the applicant and, if applicable, the name of the person, organisation or group on whose behalf the applicant registered the HTVC. Actual copies of HTVCs are not published on the VEC’s website.

Matters considered

The checklist at Appendix 1 lists the matters that the Returning Officer will consider before registering or refusing to register a HTVC. The list is provided to assist any person wanting to prepare a HTVC for registration to check their HTVC before lodging it with the Returning Officer.

Grounds for refusing to register

The Returning Officer must refuse to register a HTVC that: • is likely to mislead or deceive a voter in relation to the casting of their

vote • is likely to induce a voter to mark their vote otherwise than in accordance

with the directions on the ballot paper or • contains material that is offensive or obscene.


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Appeal process Any person may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the Returning Officer’s decision to register or to refuse to register a HTVC. An application to VCAT must be made no later than whichever of the following occurs first: • 12 noon on the second working day after the day on which the Returning

Officer informed the applicant of the decision to register or to refuse to register the HTVC or

• 12 noon on the fourth working day before election day.

Printing registered HTVCs

Once the Returning Officer has advised an applicant that their HTVC has been registered, they may arrange the printing of the cards.

Do not print your cards until the Returning Officer has advised you that the card has been registered.

Changes to a registered HTVC are not permitted unless: • the change is immaterial or insignificant (e.g. a spelling mistake) and • the Returning Officer has approved the change Once a registered HTVC has been printed, the applicant must provide the Returning Officer with three printed copies of that HTVC, plus two additional copies for each early voting centre within the council area. The Returning Officer will make a folder for registered HTVCs available at each early voting centre to be made available to voters on request. Only printed copies of registered cards provided by candidates for this purpose will be included in the folders. Applicants registering more than one card can only select one registered card to be used for this purpose.

Distributing HTVCs

Canvassing of voters, including the distribution of HTVCs, is prohibited within six (6) metres of the entrance of, or within a voting centre or early voting centre. A lesser distance may be fixed by the Returning Officer. The entrance and the fixed distance will be designated by the Prohibition of Canvassing notice. See section 4.1 ‘Canvassing within 6 metres of voting centre’. Other than registered HTVCs, no other printed electoral material may be distributed within 400 metres of an election day voting centre or early voting centre during the hours of voting. The only exception is where printed electoral material is being delivered to a property within 400 metres of an early voting centre.


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3.2 Printing and publication of electoral material

A candidate may publish electoral material in support of their campaign. All published electoral material must be authorised and must comply with the Act.

Authorisation of electoral material

A person must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice unless: • the name and address of the person who authorised the electoral

advertisement, handbill, pamphlet or notice appears at its end (address must be a physical address. Email addresses and PO boxes are not acceptable).

The authorisation requirements do not apply to a car sticker, an item of clothing, lapel badge, fridge magnet, pen, pencil or balloon. Candidates may authorise and print their own electoral material. This requirement applies at all times, not just during an election period.

Misleading or deceptive matter

During an election period it is illegal to print, publish, distribute, permit or authorise: • anything that is likely to mislead or deceive a voter in relation to the

casting of their vote. (See section 5.3 ‘Complaints’). • an electoral advertisement containing a representation of a ballot

paper that is likely to induce a voter to vote otherwise than in accordance with the directions on the ballot paper.

Identification of authors

During an election period, all articles containing electoral matter, which are printed, published or distributed in a newspaper, circular or pamphlet, must include the name and address of the author at the end. Letters to a newspaper simply have to include the author’s name and the suburb or locality in which the author’s address is located. The identification requirement does not apply to a newspaper leading article or an article that is solely a report of a meeting.

Social media, blogs and emails

Social media, blogs and email communication containing electoral matter or content must be authorised. Advertisements, including sponsored links, published online must also carry or directly link to an authorisation message.

Matter broadcast or televised

The broadcast on radio or television of all political and election matter (including election advertisements), must comply with the requirements set out in Schedule 2 of the Broadcasting Services Act 1992 (Commonwealth). The VEC is not in a position to offer any advice regarding the operation of Commonwealth legislation. Any enquiries concerning the operation of the above Commonwealth Act should be directed to: Australian Communications and Media Authority PO Box 13112 Law Courts Melbourne, Vic, 8010 Telephone: (03) 9963 6800


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Local laws Candidates should check with their local council to see if there are any local laws that may apply to the distribution and display of electoral material within the council area and the holding of events or campaigning in public spaces.

3.3 How-to-vote cards and other electoral material checklist

Check list for candidates:

1. How-to-vote cards (HTVCs) Is it a how-to-vote-card? Complete an Application to Register a How to Vote Card form Submit the form, with a copy of the card to the Returning Officer.

2. Is electoral advertising compliant? Authorise materials Check requirements (see section 3.2 of this handbook).

Check the election timeline for submission date and time.

VOTING AND RESULTS CANDIDATE HANDBOOK-ATTENDANCE

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4. Voting and results

Overview

This chapter provides candidates with information on the voting process at local government attendance elections, including the VEC’s processes for issuing and receiving early, ordinary, and postal votes, as well as counting the ballot papers. The chapter also discusses the important role of scrutineers in elections for representing candidates’ interests during these processes.

4.1 Conduct at voting centres

Canvassing within 6 metres of voting centre

The following are prohibited during voting hours (or during an adjournment) within six (6) metres (or lesser distance fixed by the Returning Officer) of the entrance of, or within, the building used as a voting centre or an early voting centre: • canvassing for, or the soliciting of votes • attempting to induce a person not to vote for a particular candidate or

not vote at the election or • exhibiting any notice or sign, other than an official notice, relating to

the election. The Voting Centre Manager or Early Voting Centre Manager will define the boundaries of the election day voting centre or early voting centre. Registered how-to-vote cards (HTVCs) are the only printed electoral material that can be distributed within 400 metres of an election day voting centre or early voting centre during the hours of voting. The exceptions to this rule are: • the normal distribution of newspapers • any material inside a campaign office • posters or notices affixed or attached to any vehicle, building,

hoarding, or structure (whether moveable or fixed), provided permission has been granted, where applicable or

• the distribution or otherwise making available of any printed electoral material to any properties within 400 metres of an early voting centre.


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Powers of Voting Centre Managers and Early Voting Centre Managers

The Voting Centre Manager and Early Voting Centre Manager, or a person authorised by him or her, may request a person reasonably suspected of distributing: • unregistered HTVCs within the 400 metre limit or • how-to-vote cards that falsely claim to be registered HTVCs to produce such cards for inspection and to hand over such cards. If a person refuses to comply with the request, the Returning Officer may: • seize any card in the person’s possession that is not correctly

endorsed as a registered HTVC and/or • seek assistance of the Police.

4.2 Voting

Regardless of the number of voting entitlements that a voter may have within a council area, the voter is only entitled to one vote for that council’s election.

Postal voting Any person entitled to vote at the election may apply to vote by post from the day after the close of nominations until 12 noon on the Thursday immediately before election day. Applications for a postal vote can be lodged with the Returning Officer through the online postal vote application on the VEC’s website. Hardcopy applications forms may be posted, faxed or emailed to the election office.

Early voting prior to election day

Early voting is available in the election office from the day following the close of nominations until 6.00 pm on the day before election day. The VEC may also establish additional early voting centres within a council area during the last two weeks of the early voting period. The Returning Officer must give public notice of any appointed early voting centres. Any person eligible to vote who wishes to do so prior to election day may attend an early voting centre and record his or her vote.

Voting on election day

The VEC will appoint a number of voting centres across the council area where voting will be available from 8.00 am to 6.00 pm on election day. Each voting centre will be managed by a Voting Centre Manager and, depending on the size of the voting centre, an Assistant Voting Centre Manager. Voting centre locations are identified based on their use at previous attendance elections (including State and Federal elections), the number of voters enrolled within the vicinity of the location, and the VEC’s audit of the voting centre’s accessibility standard. Voting centre details, including their accessibility rating, will be available on the VEC’s website and in the EasyVote letter mailed to voters in contested elections. The final list of voting centres is determined after the close of nominations. If a ward is uncontested, the VEC will consider the location of each of the voting centres located in the uncontested ward and


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whether its operation is viable. Although it is usually quicker for a person to vote at a voting centre within the ward in which they are enrolled, a voter may vote at any voting centre operating within the council area.

EasyVote letters

An EasyVote letter will be mailed to each voter on the voters’ roll for each contested election after the close of nominations. The letter details the voting options that are available for voters and how to access further information on the election. Voters are encouraged to take their EasyVote letter with them when they go to vote. If a ward is uncontested, an uncontested election notice will be mailed to the voters in the ward instead of an EasyVote letter.

4.3 Obtaining the result

The methods of counting votes to determine the result are described in Parts 3 and 4A of Schedule 3 of the Act. The methods of counting are summarised in Appendices 2 and 3. The Regulations allow for postal votes to be received until 12 noon on the fifth working day after the close of voting. Accordingly, results cannot be finalised until after this time. The Returning Officer will advise candidates of local counting arrangements after the close of nominations. Candidates are not entitled to be present at any place where votes, are being issued or counted, however, scrutineers may observe all issuing and counting of ballot papers. A description of the counting activities is included at Appendix 4.

First preference sorts

For attendance elections, votes cast in voting centres and early voting centres will be emptied from the ballot boxes after the close of voting on election day. Election officials will sort the ballot papers based on first preferences, setting aside any ballot papers that appear to be informal. Election officials will carefully batch the sorted ballot papers into bundles of 50, tally the number of votes against each candidate, and the total number of ballot papers counted will be reconciled with the number of ballot papers issued at that voting centre or for that early voting centre. Any postal or declaration votes received by the Returning Officer will also be sorted and counted. This will occur progressively once the declaration on each ballot paper envelope has been checked, its bona fides confirmed, and election officials have separated the declaration flap from the envelope before extracting the ballot paper. The Regulations provide an extended period for postal votes to be received by the Returning Officer (up to 12 noon on the fifth working day after election day).

Computer count

For elections involving multiple vacancies the counting method is proportional representation, conducted by computer. The Returning Officer will advise candidates of an information session to explain the computer count process in detail. Candidates and their scrutineers are encouraged to attend this information session. At a computer count, the preferences shown on each ballot paper are


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entered into the VEC’s computer count application by experienced data entry operators. The application checks each ballot paper for formality. Ballot papers will be kept in their voting centre or vote type parcel during the count. Only formal ballot papers are saved to the database. Once all formal ballot papers have been data entered, the results can be calculated.

Manual count For elections involving single vacancies the preferential counting method is used. Preferential counting is usually conducted manually. At a manual count, teams of election officials will re-check the bundles of ballot papers sorted into first preferences. If a candidate does not reach an absolute majority of votes (i.e. more than 50% of the total formal ballot papers), a preference distribution is required. Preference distributions cannot begin until the extended postal vote receipt period has closed. Preference distributions involve excluding the candidate with the least votes and transferring each of their ballot papers to the remaining candidates in the order of the preferences marked on the ballot papers. This process is repeated until one of the remaining candidates reaches an absolute majority of the vote. After each distribution, ballot papers from the excluded candidate are checked that they have been sorted to the correct remaining candidates, and the total number of ballot papers is reconciled.

Formality of votes

Each ballot paper must have a number ‘1’ in, or adjacent to one box. All boxes should be numbered using the full sequence of numbers as indicated on the ballot paper. The only exception is where one box is left blank and would logically have contained the last preference. For example, on a ballot paper with six candidates, the voter’s sixth preference may be omitted. More than one box left blank makes the vote informal. Omission of a number other than the last preference or any duplication of a number within the sequence makes the vote informal. Numbers next to, or on the other side of the candidates’ names, and amendments are acceptable providing the voter’s intention is clear. All other marks are to be ignored. The number ‘0’ (zero) makes the vote informal and letter sequences cannot be used in place of numbers, except for Roman numerals, but they too must be fully sequential. More information regarding formality can be found in the Scrutineer Handbook.

Adjournments The Returning Officer may from time to time adjourn the extraction of ballot papers or the count of votes. If an activity is adjourned, the Returning Officer will advise any scrutineers present and authorised persons of the adjournment.

Recount of votes

At any time before a candidate has been declared elected, the Returning Officer may: • if he or she thinks fit or • at the written request of a candidate specifying reasons


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open any sealed parcel containing ballot papers and recount the ballot papers. The following applies to recounts: • a recount may be conducted at the discretion of the Returning Officer • the Returning Officer may conduct one or more recounts • the Returning Officer must make reasonable efforts to notify

candidates or their representatives before a recount is conducted. Candidates are not entitled to be present at a recount, but can be represented by a scrutineer. See ‘Scrutineers’ in the next section.

Counting timetable

The VEC will establish a counting timetable to ensure that reconciliations can be completed before the commencement of each stage in the extraction and counting process. In establishing the timetable, the VEC will allow for events that cannot be predicted prior to the close of voting and the close of the postal vote receipt period. The need to manage staff wellbeing during long working hours across the election timeline will also be considered. Every effort will be made to complete counting as quickly as possible but preference distributions cannot be completed until the postal vote receipt period has closed. The VEC will ensure that all elections are declared by Friday 4 November 2016. Further details of the counting timetable will be prepared once nominations have closed and the number of candidates is known. However, close elections and where recounts will be required will still be unknown. Activities undertaken after the close of voting, including key reconciliation points during the counting process, are listed in Appendix 4.

Declaration of the result

The Returning Officer will publicly declare the result of the election at a suitable time following the completion of counting. Candidates will be advised of the declaration time and venue. The VEC will also publish a notice of results in local newspapers and advise the Minister for Local Government.

4.4 Scrutineers

Role of scrutineers

A scrutineer may be appointed by a candidate to observe the following electoral activities only: • the issuing of ballot papers at a voting centre, early voting centre,

and the posting of postal ballot envelopes • the opening and emptying of a post office box • the opening and emptying of a postal ballot receptacle • the receipt and processing of ballot paper envelopes • the extraction, counting and recounting of ballot papers. Each candidate can be represented by no more than one scrutineer for every election official involved in the election activity being observed. Scrutineers can only observe activities for the specific election they are appointed for.


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A scrutineer may be removed if: • a candidate has more than one scrutineer for each election official

present the electoral activities described above • the scrutineer commits any breach of the Act or Regulations • the scrutineer disrupts or hinders electoral activities • the scrutineer fails to obey a lawful direction from an election

official.

Appointment and declaration of scrutineer

Before a scrutineer can perform their role at an electoral activity, the scrutineer must make a written declaration containing the details required by the Regulations. The declaration is contained on the appointment form available in the Candidate Information Kit, VEC’s website, or from the Returning Officer. The completed appointment form must be signed by the candidate the scrutineer is representing and must be submitted to the appropriate election official at the election office, voting centre, early voting centre, or counting venue. The scrutineer appointment form must carry an original signature of the candidate and cannot be a photocopy.

Disqualifications for scrutineers

A person cannot be appointed as a scrutineer if he or she is: • a councillor of the council • a candidate in the election or in any other election for that council

conducted simultaneously with that election • a person appointed by the VEC in the conduct of the election

Sitting councillors who are not recontesting the election will be eligible to be appointed as scrutineers for activities taking place after 6.00 am on election day, as this is the time they go out of office

During the count Scrutineers are entitled to observe all proceedings during the processing of ballot papers to obtain the results of the election. The Returning Officer must inform any scrutineers present of any adjournment and advise the location and time when the proceedings will continue. Scrutineers may challenge the admission or rejection of ballot paper envelopes and the formality of ballot papers. These must be referred to the election official leading the activity in the first instance, and, if that person is not the Returning Officer, any challenges may be escalated to the Returning Officer. The Returning Officer’s decision is final. Counting must proceed smoothly and efficiently and scrutineers should not unnecessarily communicate with anyone at these proceedings. Scrutineers must not handle ballot papers, ballot paper envelopes or any other election material. Scrutineers are entitled to observe all the markings on ballot papers, but they must not delay proceedings except where it is necessary in the performance of their duties.

Information for scrutineers

Scrutineers will be informed of the total number of ballot papers to be accounted for prior to the commencement of first preference counting for manual counts or data entry for computer counts.


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On request, the Returning Officer will provide scrutineers with reports on: • the total first preference votes for each candidate • details of the preference distribution. This report shows how

preferences are allocated to candidates during the preference distribution.

Two additional reports will be available to scrutineers for computer counts: • progressive first preference results reports during data entry • ballot paper details reports. On request, scrutineers may ask that a

batch details report is printed for a particular batch so that they may compare the preferences recorded on the computer for that batch against the actual ballot papers.

After the completion of the counting, candidates may request a full report showing preference details or all ballot papers. More information about scrutineers can be found in the Scrutineer Handbook.

Candidate workers outside voting centres

Although there are no requirements for candidate workers who are distributing how-to-vote cards (HTVCs) outside a voting centre or an early voting centres to be registered with the Returning Officer, there are restrictions on their activities.

Candidates should make their workers aware of these requirements, including the prohibition on distributing any printed material other than properly registered how-to-vote cards within 400 metres of the voting centre or early voting centre, and the expectations around the canvassing of voters and soliciting for votes.

Action will be taken against any person who infringes on these restrictions.

4.5 Voting and results checklist


1. Scrutineers Do you wish to appoint any scrutineers? Obtain a Scrutineer Handbook Complete Scrutineer Appointment Form. Scrutineer submits completed form to Returning Officer Each scrutineer must submit an appointment form with the candidate’s original signature at each venue they attend.

ELECTION COMPLIANCE AND POST-ELECTION ACTIVITIES CANDIDATE HANDBOOK-ATTENDANCE

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5. Election compliance and post-election activities

Overview

This chapter details the particular offences that exist for local government elections and explains the VEC’s election complaints process. Activities that occur after the election and during the council term, including compulsory voting enforcement and the process for filling extraordinary vacancies that may occur on a council are also described. The chapter also provides candidates with information on the Municipal Electoral Tribunal, which is responsible for hearing any disputes arising from a local government election, and the requirement to lodge an election campaign donation return.

5.1 Election Offences

The following list of offences is not exhaustive and should not be taken as legal advice. Candidates are encouraged to refer to the Act and the Local Government (Electoral) Regulations 2016 for more information and, if necessary, seek their own legal advice.

False or misleading information relating to enrolment

A person who intentionally gives to the Registrar, the Chief Executive Officer, or a person authorised by the Chief Executive Officer, false or misleading information in relation to—

(a) the entitlement of a person to be enrolled on a voters' roll or (b) a person's enrolment details on or for use on a voters' roll is guilty

of an offence [section 27 of the Act] PENALTY a fine not exceeding 120 penalty units.

Unlawful nomination

If a person who is not qualified to be a candidate or is not capable of becoming a councillor submits a nomination the person is guilty of an offence. [section 52 of the Act]. PENALTY: 240 penalty units or imprisonment for two years.

Interference with rights

A person must not hinder or interfere with the free exercise or performance of any other person's political right or duty relevant to an election. [section 54(1) of the Act]. PENALTY: 120 penalty units or imprisonment for one year.

False written declaration

A person who is required to make a written declaration by or under this Act or the Regulations as a candidate, scrutineer or voter or as a person submitting a how-to-vote card must not knowingly make a declaration which is false. [section 238A of the Act]. PENALTY: 120 penalty units.


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Misleading or deceptive material

A person must not print, publish or distribute or cause to be printed, published or distributed any electoral material that is likely to mislead or deceive a voter in relation to the casting of the vote of the voter. [section 55A(1) of the Act]. PENALTY: 60 penalty units or imprisonment for six months if the offender is a natural person or 300 penalty units if the offender is a body corporate.

Distribution of printed electoral material

A person must not during the hours of voting within 400 metres of the entrance of, or within the building used as, a voting centre—

(a) hand out, distribute or otherwise make available; or (b) authorise the handing out, distribution or otherwise making

available— to any person of any printed electoral material other than a registered how-to-vote card. [section 56(1) of the Act]. PENALTY: 60 penalty units.

A person must not— (a) print, publish or distribute; or (b) cause, permit or authorise to be printed, published or distributed—

a how-to-vote card which is not a registered how-to-vote card and which contains a representation or purported representation of an endorsement in the prescribed manner. [section 56(2) of the Act]. PENALTY: 60 penalty units.

Power to request handing over of how-to-vote cards

A person who fails to comply with a request by the person in charge of a voting centre, or by a person authorised by the person in charge of a voting centre to act on that person’s behalf, to produce for inspection any how-to-vote cards in the person’s possession and to hand over all how-to-vote cards other than registered how-to-vote cards is guilty of an offence. [section 56A of the Act]. PENALTY: 10 penalty units.

Offences relating to ballot papers

A person must not: (a) forge or fraudulently mark, deface or destroy a ballot paper or (b) without authority supply a ballot paper to any person or (c) fraudulently put any unauthorised ballot paper into a ballot box or (d) be in possession of an unauthorised ballot paper or (e) without authority destroy, take, open or otherwise interfere with any

ballot box or parcel of ballot papers. [section 58(2) of the Act]. PENALTY: Fine not exceeding 240 penalty units or imprisonment for two years.

A person must not vote or attempt to vote more than once at an election, or fraudulently remove a ballot paper from a ballot box, or impersonate any voter. [section 58(3) of the Act]. PENALTY: Fine not exceeding 240 penalty units or imprisonment for two years.


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Interfering with postal ballot materials

A person must not interfere with any material being, or to be, sent or delivered to a voter under section 41A(2)(b) of the Act. This does not apply to a person who is acting with the authority of the Returning Officer. [section 58A(1) and (2) of the Act]. PENALTY: 240 penalty units or imprisonment for two years.

Bribery Provisions relating to bribery are set out in the Act. [section 59 of the Act] PENALTY: 600 penalty units or imprisonment for five years.

Infringement of secrecy

Except as authorised by law, the Returning Officer and any authorised person, interpreter, scrutineer and police officer must not communicate to any person any information likely to defeat the secrecy of voting. [section 60(2) of the Act]. PENALTY: 120 penalty units or imprisonment for one year.

Failure to lodge an election campaign donation return

A person who: (a) fails to give a return that the person is required to give under

section 62 of the Act or (b) gives a return that contains particulars that to the knowledge of the

person are false or misleading in a material particular or (c) provides information that to the knowledge of the person is false or

misleading in a material particular to a person required to give a return under this section is guilty of an offence. [section 62(7) of the Act].

PENALTY: Fine not exceeding 60 penalty units.

If a person is found guilty or convicted of an offence under section 62(7) of the Act, a court may make an order that the offender give a return under section 62(1) of the Act that is not false or misleading in a material particular. [section 62(7A) of the Act].

Prohibition on council

A council must not print, publish or distribute or cause, permit or authorise to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice during the election period unless it only contains information about the election process. [section 55D of the Act]. PENALTY: 60 penalty units.

Defamatory statements

Defamatory statements are not specifically referred to in the Act, but are discussed in the Defamation Act 2005.


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5.2 Compulsory voting enforcement

Compulsory voting

Voting at local government elections is compulsory for all residents who are enrolled on the State electoral roll for an address in the ward or council area where the election is being held. Voters who are aged 70 years or over on election day or provide a sufficient excuse will not be fined for failing to vote. Voting is not compulsory for voters enrolled through the Chief Executive Officer’s list of entitlements, except in Melbourne City Council elections. The VEC is responsible for compulsory voting enforcement at local government elections. Any person who is required to vote and does not vote, or is not otherwise excused, will be fined. The VEC will prosecute any person who fails to pay the fine or does not satisfactorily respond to an infringement notice or penalty reminder notice.

5.3 Complaints

Responding to complaints

The VEC has a robust complaints process for receiving and responding to all complaints. Complaints must be made in writing to the Returning Officer or the VEC directly:

Email: [email protected] Post: Complaints

Victorian Electoral Commission Level 11, 530 Collins Street Melbourne, VIC, 3000

Fax: (03) 9629 8624 Complaint processing Any complaint made will be reviewed by the VEC. If the complaint: • alleges a breach of local government electoral law, it will be referred

to the Local Government Investigations and Compliance Inspectorate • alleges a breach of local laws, it will be referred to the Chief Executive

Officer of the relevant council • alleges a criminal offence, it will be referred to Victoria Police • relates to the administration of the election, including the actions and

behaviours of Returning Officers or their staff, it will be referred to the Electoral Commissioner or another authorised person for investigation and response.

If a complaint has been referred externally, the VEC will advise the complainant that the matter has been referred. In some cases, it may also be appropriate for the VEC to notify the subject of the complaint that a complaint was received, particularly where further information is necessary. Existing complainants may enquire about the progress of their complaint by contacting the Local Government Program Manager on 131 832 or (03) 8620 1100.

mailto:[email protected]


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Injunctions If a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute an offence under section 55 or 55A of the Act, the Supreme Court may on the application of a candidate in an election grant an injunction restraining that person from engaging in the conduct and, if in the opinion of the Supreme Court it is desirable to do so, requiring that person to do any act or thing. [Section 57A of the Act].

5.4 Municipal Electoral Tribunal

What is a Municipal Electoral Tribunal

A Municipal Electoral Tribunal is appointed to consider disputes as to the validity of local government elections. Tribunals are constituted under the Act, and are intended to provide a forum for the settling of such disputes.

Who can apply for a hearing

A candidate, the Returning Officer, or any 10 voters who were entitled to vote at the election, who dispute the validity of the election may apply for a hearing. The application must include the grounds on which the inquiry into the validity of the election is sought. The application must be made within 14 days of the declaration of the result of the election.

How to apply Applications by candidates or voters must be in writing and contain the following details, as set out in the Regulations: • the name of the council and the ward (if applicable) • the full names and addresses of the candidate or the 10 voters

making the application for the inquiry • the home and business telephone numbers of the candidate, or in the

case of an application by 10 voters, the home and business telephone numbers of a contact person for the purposes of the application

• the signatures of the candidate or the 10 voters and the date on which the candidate or the voters signed the application

• the grounds on which the inquiry into the validity of the election or by-election is sought.

Applications must be accompanied by a fee that, at the discretion of the Tribunal, may be refunded in whole or in part. Applications, together with any supporting documentation, are available for inspection by any interested party. Applications together with the fee must be lodged with: Principal Registrar’s Office Magistrates’ Court 2nd Floor, 233 William Street Melbourne Vic 3000

What are the powers of a tribunal?

A Tribunal may: • declare that any person declared elected was not duly elected • declare any candidate duly elected who was not declared elected • declare an election void • dismiss or uphold an application in whole or in part


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• amend or permit the amendment of an application • order the inspection of, and permit copying of, documents used in

connection with an election, subject to such terms and conditions as it considers appropriate

• undertake a preliminary review of an application • require any further information relating to an application and/or • impose a financial penalty.

Can a tribunal award costs?

A Tribunal may award costs to the applicant or respondent if it considers such an action just.

Withdrawal of an application

Applicants that withdraw an application before the date of a hearing may be liable for costs incurred by other parties arising from the preparation for the hearing.

Circumstances where an election may be void

In determining as to whether an election can be void or not, the Tribunal refers to section 51 of the Act which says: 1. The validity of an election or poll is not affected by any defect in the

appointment of any person for the purpose of holding the election or poll.

2. The validity of an election or poll is not affected by: (a) any irregularity in any of the proceedings preliminary to voting (b) any failure to hold the election or poll at any place appointed (c) any failure to comply with any directions as to the holding of

the election or poll or the counting of the votes or (d) any mistake in the use of any forms-

if the election or poll was conducted in accordance with the principles in this Act and the irregularity, failure or mistake did not affect the result of the election or poll.

Further information

Information on the Municipal Electoral Tribunal is available from the Principal Registrar’s Office and Local Government Victoria.

5.5 Extraordinary vacancies

An extraordinary vacancy occurs when a councillor resigns, dies, or otherwise ceases to become eligible to hold the office of councillor before the next general election. Extraordinary vacancies may either be filled by a by-election or a countback depending on how the vacating candidate was elected. If an extraordinary vacancy occurs within six months before a general election, the Act does not require the vacancy to be filled.

By-elections If the vacating councillor was elected through preferential voting, a by-election is necessary to fill the extraordinary vacancy. The by-election must be held within 100 days of the vacancy occurring, unless the by-election timeline includes the Christmas–New Year holiday period when the by-election must be held within 150 days of the vacancy occurring.


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Countbacks Where the vacating councillor was elected by proportional representation, the extraordinary vacancy will be filled, in the first instance, by countback of votes rather than a by-election. All of the candidates who were not elected at the election at which the outgoing councillor was elected, and who are still eligible to become a councillor, are automatically participants in the countback. If a countback is required, the VEC will make all reasonable efforts to notify candidates of the countback and will refer to the contact details provided on each candidate’s nomination form for the election. Countback calculations are usually performed by computer and are held locally within the council area. Computer countbacks are open to the public so candidates, their families and supporters, as well as council officers, the public, and members of the media may also attend. A countback uses the ballot papers from the election at which the vacating councillor was elected. The votes that elected the vacating councillor are re-distributed at the value at which they were received to the candidates participating in the countback using the preferences marked on each of the ballot papers. To be successful at a countback, a participating candidate needs to reach an absolute majority (more than 50%) of the votes being distributed. If no candidate has an absolute majority, the application will exclude the lowest polling candidate and continue to re-distribute the ballot papers to the remaining participating candidates. This process continues until a candidate reaches an absolute majority of the votes. A successful candidate at a countback has up to 48 hours to complete and return a declaration stating that they are still eligible to be elected as a councillor before they can be declared elected. If the declaration is not returned within the 48 hours, a further countback will be required and the successful candidate from the original countback will be excluded. A countback fails and a by-election is required when there are no remaining eligible candidates to participate in the countback.

5.6 Disclosure of election donations

All candidates at a local government election are required to lodge an election campaign donation return with the Chief Executive Officer of the council for which they were a candidate. This includes candidates who have not received any campaign donations.

Lodgement Campaign donation returns must be lodged with the Chief Executive Officer within 40 days after election day. Failure to lodge a campaign donation return is an offence and penalties apply. For further information on these requirements, refer to the leaflet provided by the Local Government Investigations and Compliance Inspectorate contained in the Candidate Information Kit or available from the Returning Officer. The Candidate Information Kit also includes an election campaign donation return pro forma that is able to be used by candidates to record their donations. Councils are required to publish a summary of the disclosures on their website, including the details prescribed in the Act, as well as any late returns. The summary must be available on the council’s website until


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the entitlement date for the council’s next general election. Campaign donation returns must not be lodged with the Returning Officer or the VEC. Enquiries in relation to the disclosure of election donations should be referred to the Local Government Investigations and Compliance Inspectorate on 1800 469 359 or (03) 9665 9555.

5.7 Election compliance and post-election activities checklist


1. Election offences Become familiar with the offences that exist for local government elections Seek independent legal advice if uncertain

2. Complaints process Is an offence being alleged? Refer the matter to the Returning Officer or the VEC directly All complaints must be made in writing

3. Disclosure of election donations Record all disclosable election donations and gifts, including in-kind, on the

campaign donation return form Lodge the form with the Chief Executive Officer of the council within 40 days after

the election day Returns must be lodged, even if there are no donations or gifts to disclose.

APPENDICES CANDIDATE HANDBOOK-ATTENDANCE

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6. Appendices

Appendix 1: How-to-vote card checklist

Is the document a how-to-vote card? A how-to-vote card is any card, handbill, pamphlet or notice, which: • is or includes a representation or partial representation or purported representation

or purported partial representation of a ballot paper for use in an election, or • lists the names of any or all of the candidates for an election with a number

indicating an order of voting preference against the names of any or all of those candidates or a statement that a number indicating an order of voting preference must be placed against the name of each candidate.

•

Does the how-to-vote card need to be registered? A registered how-to-vote card is the only form of printed electoral material which may be lawfully distributed within: • 400 metres of an early voting centre, or • 400 metres of a voting centre on election day. Variations of a how-to-vote card design that use the same ballot paper representation or partial ballot paper representation must be separately registered. The Returning Officer must approve any changes to a how-to-vote card after it has been registered. Any significant changes require a new registration.

Is your Application to Register a how-to-vote card correctly completed? • Is the applicant’s full name, residential address, and contact telephone number

included in section A? • If you’re lodging the how-to-vote card on behalf of another person, organisation, or

group, have you included the full name of the person, organisation, or group and your role in submitting the how-to-vote card for registration in section B?

• If you are registering more than one card at the same time, ensure the card number on each Application to Register a how-to-vote card matches the number recorded on the how-to-vote card associated with that application.


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Does the how-to-vote card meet the requirements for registration? • Check that candidates’ names are spelt correctly and they are listed in the ballot

paper order. Refer to the Sample how-to-vote card report available from the Returning Officer. Initial the application to confirm that the spelling of candidates’ names has been checked.

• Check that the council and ward names are correctly noted. • Are the formality requirements recognised in the how-to-vote instruction?

o If the how-to-vote card includes a full ballot paper representation: the card must include consecutive preferences against all candidates. Preferences must begin with ‘1’, no numbers may be used more than once, and no boxes are left empty.

o If the how-to-vote card includes a partial ballot paper representation: the card must include a statement explaining that numbers must be placed against the names of all of the candidates on the ballot paper.

• Check that the how-to-vote card clearly identifies the person, organisation, or group on whose behalf the card is to be distributed.

• Check that the card does not contain any council emblems, logos, or signs. • Check that the authorisation statement and registration endorsement are included

at the bottom of the how-to-vote card. o The authorisation statement must include the name and physical address

(which cannot be a PO Box or an email address) of the person who authorises it.

o The registration endorsement: Registered by the Returning Officer for {insert council name}.

• If the how-to-vote card is printed on both sides, check that the registration endorsement only appears on the side with the ballot paper representation and that the authorisation statement appears on both sides. If a ballot paper representation appears on both sides, both sides must be separately registered. Check that the how-to-vote card does not contain any material that may be considered by the Returning Officer to be misleading, deceptive, offensive, or obscene.

• Check that the style or design of the full or partial ballot paper representation is not so similar to the actual ballot paper that it may cause confusion for voters.

Is there any additional documentation required? • If the how-to-vote card claims an endorsement by a political party, organisation,

group, or another person, or uses the logo of a political party, organisation, or group, a letter of permission must be attached to the Application to Register a how-to-vote card.

• If the how-to-vote card includes any material in a language other than English, a full translation to English is submitted with the Application to Register a how-to-vote card and a declaration of the accuracy of the translation is included in the application. Note that if more than one language other than English is included, each language must be translated into English.


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Appendix 2: Result where only one candidate is to be elected

The following extract is from Schedule 3 of the Act and provides information on obtaining the result in a single-councillor election.

EXTRACT FROM AUTHORISED VERSION NO. 140 (1 MARCH 2016)

Local Government Act 1989

Schedule 3

Part 3—Result where only one councillor is to be elected

9 Only two candidates If only 1 Councillor is to be elected and there are only 2 candidates the result is to be determined as

follows—

(a) the candidate who has received the greater number of first preference votes is to be declared elected by the returning officer;

(b) if the 2 candidates have received an equal number of votes the result is to be determined by lot by the returning officer.

10 More than two candidates If only 1 Councillor is to be elected and there are more than 2 candidates the result is to be determined

as follows—

(a) 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;

(b) 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 the vote by lot;

(c) if no candidate has received an absolute majority of votes, the returning officer upon receipt of the several sealed parcels from any authorised person and with the assistance of any authorised persons and in the presence and subject to the inspection of any 1 scrutineer, if present, appointed by each candidate but of no other person, must— (i) open all the sealed parcels containing used ballot-papers; and (ii) arrange such ballot-papers together with the allowed postal ballot-papers, if any, by placing in

a separate parcel all those on which a first preference is indicated for the same candidate and preference votes are also duly given for all the remaining candidates, omitting ballot-papers which are rejected; and

(iii) declare the candidate who has received the fewest first preference votes a defeated candidate; and

(iv) distribute the ballot-papers counted to the defeated candidate amongst the non-defeated candidates next in order of the voters’ preference; and

(v) after the distribution again ascertain the total number of votes given to each non-defeated candidate;

(d) the candidate who has then received the greatest number of votes if that number constitutes an absolute majority of votes is to be declared elected by the returning officer;

(e) 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;

(f) 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: (i) by declaring whichever of those candidates had the fewest votes at the last count at which those

candidates had a different number of votes to be defeated; or (ii) if a result is still not obtained or there has been no count, by lot by the returning officer;

(g) if on the final count 2 candidates have an equal number of votes, the result is to be determined by lot by the returning officer.


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Appendix 3 Result where two or more councillors are to be elected

The following extract is from Schedule 3 of the Act and provides information on obtaining the result in a multi-councillor election.

EXTRACT FROM AUTHORISED VERSION NO. 140 (1 MARCH 2016)

Local Government Act 1989

Schedule 3

Part 4A - Result where two or more councillors are to be elected

11B 2 or more Councillors to be elected

(1) The result is to be determined as set out in this clause.

(2) In this clause—

continuing candidate means a candidate not already elected or excluded from the count;

quota means the number determined by dividing the number of first preference votes by 1 more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1;

surplus votes means the number, if any, of votes in excess of the quota of each elected candidate.

(3) A reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any transfer.

(4) The returning officer upon receipt of the several sealed parcels from any authorised person and with the assistance of any authorised persons and in the presence and subject to the inspection of any 1 scrutineer, if present, appointed by each candidate but of no other person must -

(a) open all the sealed parcels containing used ballot-papers; and

(b) arrange the ballot-papers together with the allowed postal ballot-papers, if any, by placing in a separate parcel all those on which a first preference is indicated for the same candidate and preference votes are also duly given for all the remaining candidates, omitting ballot-papers which are rejected; and

(c) ascertain—

(i) the number of first preference votes given for each candidate; and

(ii) the total number of first preference votes.

(5) A quota is to be determined.

(6) Any candidate who has received a number of first preference votes equal to or greater than the quota is to be declared duly elected by the returning officer.

(7) Unless all the vacancies have been filled, the surplus votes of each elected candidate are to be transferred to the continuing candidates as follows—

(a) the number of surplus votes of the elected candidate is to be divided by the number of first preference votes received by the elected candidate and the resulting fraction is the transfer value;

(b) the total number of ballot-papers of the elected candidate that express the first preference vote for the elected candidate and the next available preference for a particular continuing candidate is to be multiplied by the transfer value;

(c) the number obtained under paragraph (b) (disregarding any fraction) is to be added to the number of first preference votes of the continuing candidate and all those ballot-papers are to be transferred to the continuing candidate.

(8) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any transfer under subclause (7) is to be declared duly elected by the returning officer.

(9) Unless all the vacancies have been filled, the surplus votes, if any, of any candidate elected under subclause (8) or elected subsequently under this subclause are to be transferred to the continuing candidates in accordance with subclause (7) and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of the transfer is to be declared duly elected by the returning officer.

(10) If a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer of the surplus votes of a particular elected candidate under subclause (7) or (9), no votes of any other candidate are to be transferred to the continuing candidate.


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(11) For the purposes of the application of subclause (7) in relation to a transfer of the surplus votes of an elected candidate under subclause (9) or (14), each ballot-paper of the elected candidate obtained by the elected candidate on a transfer is to be dealt with as if—

(a) any vote it expressed for the elected candidate were a first preference vote; and

(b) the name of any other candidate previously elected or excluded had not been on the ballot-paper; and

(c) the numbers indicating subsequent preferences had been altered accordingly.

(12) If, after the counting of first preference votes or the transfer of any surplus votes of elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes is to be excluded and all that candidate's votes are to be transferred to the continuing candidates as follows—

(a) the total number of ballot-papers of the excluded candidate that express the first preference vote for the excluded candidate and the next available preference for a particular continuing candidate are to be transferred at a transfer value of 1 for each ballot-paper and added to the number of votes of the continuing candidate and all those ballot-papers are to be transferred to the continuing candidate;

(b) the total number, if any, of other votes obtained by the excluded candidate on transfers are to be transferred from the excluded candidate beginning with the highest transfer value and ending with the ballot-papers received at the lowest transfer value, as follows—

(i) the total number of ballot-papers received by the excluded candidate at a particular transfer value and expressing the next available preference for a particular continuing candidate is to be multiplied by that transfer value; and

(ii) the number so obtained (disregarding any fraction) is to be added to the number of votes of the continuing candidate; and

(iii) all those ballot-papers are to be transferred to the continuing candidate.

(13) Any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer of votes of an excluded candidate under subclause (12) or (16) is to be declared duly elected by the returning officer.

(14) Subject to subclause (15), unless all the vacancies have been filled, the surplus votes, if any, of a candidate elected under subclause (13) are to be transferred in accordance with subclause (7).

(15) If a candidate elected under subclause (13) is elected before all the votes of the excluded candidate have been transferred, the surplus votes, if any, of the elected candidate are not to be transferred until the remaining votes of the excluded candidate have been transferred in accordance with subclause (12) to continuing candidates.

(16) Subject to subclause (18), if after the transfer of all the votes of an excluded candidate no continuing candidate has received a number of votes greater than the quota—

(a) the continuing candidate who has the fewest votes must be excluded; and

(b) that candidate's votes must be transferred in accordance with subclause (12).

(17) If a candidate is elected as a result of a transfer of ballot-papers under subclauses 12 and 16, no other ballot-papers of an excluded candidate are to be transferred to the candidate so elected.

(18) In respect of the last vacancy for which 2 continuing candidates remain, the continuing candidate who has the larger number of votes is to be elected notwithstanding that that number is below the quota.

(19) Despite any other provision of this clause, if the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates are to be declared duly elected by the returning officer.

(20) Subject to subclauses (21), (22) and (23), if after any count or transfer, 2 or more candidates have surplus votes the order of any transfers of the surplus votes of those candidates is to be in accordance with the relative size of the surpluses, the largest surplus being transferred first.

(21) Subject to subclause (23), if after any count or transfer, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates is to be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first.

(22) For the purposes of subclause (21), if there has been no count or transfer the returning officer must determine the order in which the surpluses are to be dealt with.

(23) If after any count or transfer, a candidate obtains surplus votes, those surplus votes are not to be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count or transfer.

(24) If on any count or transfer 2 or more candidates have the fewest number of votes and the candidate who has the fewest number of votes is required to be excluded, the result is to be determined—

(a) by declaring whichever of those candidates had the fewest votes at the last count at which those candidates had a different number of votes to be excluded or


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(b) if a result is still not obtained or there has been no count or transfer, by lot by the returning officer.

(25) If on the final count or transfer 2 candidates have an equal number of votes, the result is to be determined by lot by the returning officer.

(26) If a candidate is elected by reason that—

(a) the number of first preference votes received by the candidate; or

(b) the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers—

is equal to the quota, all the ballot-papers expressing those votes are to be set aside as finally dealt with.

(27) For the purposes of this clause each of the following constitutes a separate transfer—

(a) a transfer under subclause (7), (9) or (14) of all the surplus votes of an elected candidate;

(b) a transfer in accordance with subclause (12)(a) of all first preference votes of an excluded candidate;

(c) a transfer in accordance with subclause (12)(b) of all the votes of an excluded candidate or candidates, as the case may be, at a particular transfer value.


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Appendix 4 Counting activities

Activity First preference sorting After the close of voting, election officials will sort the ballot papers based on first preferences and set aside any ballot papers that appear to be informal. Election officials will carefully batch the sorted ballot papers into bundles of 50, tally the number of votes against each candidate, and the total number of ballot papers counted will be reconciled with the number of ballot papers issued at that voting location. Any postal or declaration votes received by the Returning Officer will also be sorted and counted. This will occur progressively once the declaration on each ballot paper envelope has been checked, its bona fides confirmed, and election officials have separated the declaration flap from the envelope before extracting the ballot paper. The Regulations provide an extended period for postal votes to be received by the Returning Officer (up to 12 noon on the fifth working day after election day).

Data entry for multiple-councillor wards Multiple-councillor wards will be counted by computer. The schedule for data entry of ballot papers at the computer count venue will be established and communicated to candidates. Candidates will need to advise their scrutineers. Results for each ward may only be calculated once all formal ballot papers have been data entered and all reconciliations are completed for that election. Where possible, the calculation of results will always occur locally, even if the computer count venue is outside of the local council area.

Recheck for single-councillor wards As ballot papers have already been sorted to first preferences, teams of election officials will conduct a recheck of all sorted bundles. Once all rechecks have been completed, the total number of ballot papers will be reconciled against the balance figure for the ward. If a candidate has achieved an absolute majority of first preference votes (i.e. more than 50% of the total formal ballot papers), the candidate will be provisionally successful. If no candidate achieves an absolute majority, a preference distribution is required.

Preference distributions for single-councillor wards A preference distribution is required in a single-councillor ward when no candidate has achieved an absolute majority of first preference votes (i.e. more than 50% of the total formal ballot papers). The preference distribution involves excluding the candidate with the least votes and transferring each of their ballot papers to the remaining candidates in the order of the preferences marked on the ballot papers. This process is repeated until one of the remaining candidates reaches an absolute majority of the vote (i.e. more than 50% of the total formal ballot papers).

Recounts At any time after the provisional results have been calculated (computer count) or the preference distribution has been completed (manual count) but before the declaration of the result, a recount may be conducted. Candidates may request a recount or it may be initiated by the Returning Officer. A recount will be required if the Returning Officer is satisfied that the reasons provided by the candidate may have affected the election result.


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In some cases, the Returning Officer may require a partial recount, where only part of the total number of ballot papers are recounted. A partial recount usually involves reviewing the informal ballot papers and considering whether they may be counted as formal. Any previously informal ballot papers that are found to be formal can be returned to the count. The result of the recount (or partial recount) supersedes the original count.

Declaration of results The Returning Officer will publicly declare the result of the election at a designated time and place after the completion of all counting. A minimum period of two hours will be provided between the provisional results and the final declaration. Candidates will be notified of the declaration date, time and venue.

GLOSSARY CANDIDATE HANDBOOK-ATTENDANCE

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7. Glossary

Electoral Personnel Authorised Person A person appointed or delegated by the Returning Officer to perform

any duty in connection with the election.

Candidate A person who nominates to contest an election for a council.

Chief Executive Officer

The person appointed by a council to be its Chief Executive Officer or any person acting in that position.

Councillor A person who holds the office of member of a council.

Electoral Commissioner

The person responsible for the administration of electoral law in Victoria. This responsibility includes the maintenance of the electoral roll, the conduct of all parliamentary elections and the conduct of council elections.

Returning Officer The person appointed by the Electoral Commissioner to be responsible for the administration of a council election.

Scrutineer A person appointed by a candidate to observe certain procedures on the candidate’s behalf at an election.

Electoral Terms Act The Local Government Act 1989 [Act] and amending legislation.

Ballot Paper The paper listing the names of all the candidates contesting the election on which the voter records their preferences for each candidate in the election

Ballot Paper Envelope

An envelope used by the voter to enclose their completed ballot paper. The envelope includes a detachable flap containing the name and address of the voter. The voter is required to sign the flap.

By-election The holding of an election to fill an extraordinary vacancy, where a countback does not apply.

Candidate Questionnaire

A standardised, non-compulsory questionnaire to be completed by a candidate which is made available to voters on the VEC website.

Canvassing Soliciting of votes at an election for a candidate or group of candidates.

Computer Count The electronic counting of votes.

Council A local government authority as defined and set out in the Act.

Countback A method to fill an extraordinary vacancy where councillors were originally elected using the proportional representation method.

Donation Period

The ‘donation period’ means the period commencing on whichever is the later of: • 30 days after the last general election for the council or • 30 days after the last election for the council at which the person

required to give the election campaign donation return was a


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candidate and ending 30 days after election day in the current election for the council.

Early Voting Voting at an early voting centre prior to election day.

Early Voting Centre (EVC)

A venue appointed by the RO for the conduct of early voting in an attendance election.

EasyVote Letter A letter posted to all voters on the voters’ roll in a contested attendance election once nominations close containing details of where a voter may vote in the election.

Election Management System

The VEC’s computerised election management system, used by Returning Officers to capture election data.

Election office The location from where the Returning Officer conducts the election. Location details of the election office for each council will be available on the VEC website at vec.vic.gov.au and in advertisements.

Election Period The 32-day period that starts on nomination day and ends at 6.00pm on election day.

Electoral Handbill, Advertisement, Pamphlet or Notice

Any handbill, advertisement, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper announcing the holding of a meeting.

Electoral Matter Refers to anything intended to (or likely to) affect voting in an election including express or implicit references to, or comment on: • the election or • a candidate in the election or • an issue submitted to, or otherwise before, the voters in connection

with the election. It does not include any electoral material produced by or on behalf of the Returning Officer for the purposes of conducting an election.

Electoral Offences Electoral offences include, but are not limited to: • bribery in its various forms • multiple voting in a single election • intimidation of a voter or interference with a voter's political liberty • unlawful opening of election material • violation of secrecy by an authorised person.

Entitlement Date The last date a person can apply to be enrolled on the voters’ roll. Entitlement day occurs 57 days before election day.

How-to-vote cards A how-to-vote card is any card, handbill, pamphlet or notice which represents or partially represents a ballot paper for use in an election or lists any or all candidates for an election with a number indicating an order of preference. All HTVCs handed out within 400m of a voting centre during the hours of voting must be registered.

Municipal Electoral Tribunal (MET)

A tribunal constituted by a magistrate to adjudicate in matters relating to the conduct of council elections.

http://www.vec.vic.gov.au/


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Municipality An area defined under legislation which is administered exclusively by a single council for the purposes of the Act.

Nomination The process by which a person becomes a candidate at an election.

Nomination Day

The last day upon which a person may lodge a Nomination Form with the Returning Officer. Nomination Forms must be lodged by 12 noon on nomination day.

Nomination Form The prescribed form that a candidate for an election must complete and lodge with the Returning Officer, together with the nomination fee.

Nomination Period The period during which a person can lodge a Nomination Form, beginning on the day that the Voters’ Roll is certified and ending at 12.00 noon on nomination day (32 days before the last day of voting).

Notice of Election Not less than 40 days or more than 60 days before an election, the Returning Officer must give public notice of the election and call for nominations.

Publish To publish by any means including print, audio-visual or electronic.

Regulations The Local Government (Electoral) Regulations 2016. [Reg.]

Victorian Electoral Commission (VEC)

The Victorian Electoral Commission (VEC) is responsible for the conduct of State Parliamentary and local council elections in Victoria. The Electoral Commissioner is the statutory head of the VEC.

Voter A person entitled to vote at an election.

Voters’ Roll The certified voters’ roll is a merger of the CEO List provided by council with the Electoral Commissioner’s list of State electors in that council. A separate roll is created for each individual election.

Ward A subdivision of a council. In subdivided councils, councillors are elected to represent a ward.

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