Print Version PDFNominating for Council
How to nominate and important things to know about elections
Local government elections will take place on the last Saturday in November, every four years from 2008.
A person may stand as a candidate for election if entitled under the Local Government Act to be on the voters’ roll in respect of any ward of the council in which the election is being conducted, and they are qualified to become a councillor.
Several situations exist that will cause a person to be ineligible or disqualified from nominating. They are important to know about, as it is an offence to nominate as a candidate when not qualified to.
The Act allows a council to decide whether voting will be by attendance or postal vote. A majority of Victorian local governments have exercised the option to conduct their election by postal vote. A procedure for the conduct of a postal ballot is set out in the Local Government Act.
Nominations open on the day the voters’ roll is certified and available. They close at 12 noon on the 31st day before election day (Tuesday 28th October).
Dates for lodging nominations are advertised in the local press.
A candidate must complete a nomination form (previously called a ‘notice of candidature’), which requires them to complete information including:
- The office of councillor for which he or she is a candidate;
- A declaration stating the candidate’s eligibility to be a candidate and their awareness that it is an offence under the Act to submit a notice of candidature if a person is not qualified to be or capable of being a councillor;
- Signature and date the notice;
- Payment of the prescribed fee.
Nomination forms are available from the election returning office which will be established in each municipality for the conduct of the election. Candidates are prohibited from nominating for election to more than one council.
The returning officer must reject a nomination from a person who is not on the voters' roll, unless the nomination is accompanied by a statutory declaration that the person is entitled to be enrolled as a ratepayer. A person who is a councillor of any council may not nominate unless they will cease to hold office on or before the election day.
The prescribed fee for candidates nominating to stand for council is $250. This fee must be paid in cash or by bank cheque and lodged with the nomination form to the returning officer. The nomination fee is returned to a candidate if the candidate is successfully elected to council or receives at least 4% of the total number of first preference votes.
Candidates decide on initiatives and strategies they will use to gain voters’ support. This could involve setting up a campaign committee, door knocking and advertising.
The Local Government Act was recently changed in relation to the publication and distribution of electoral material to bring these matters in line with the Electoral Act 2002, making them similar for both State and local governments
The Act contains some prescriptions on the type of material that can be published and authorised. Approval is required for candidates to use ‘how to vote’ cards.
In a new legislative requirement, all candidates whether successful or not are required to complete and submit an ‘election campaign return’ to the CEO of the council in which they stood as a candidate. The return must be submitted within 60 days after the election day. The return must contain the details of any ‘gift’ valued at more than $200 that was received during the ‘donation period’.
The donation period starts from 30 days after the previous election and finishes 30 days after the current election. A penalty applies for failing to submit a return or for providing particulars or information that the candidate knows to be false or misleading.
All electoral material must not be printed, published or distributed unless the name and address of the person who authorised the material appears at the end of the material.
If electoral material does not meet the definition of a ‘how to vote’ card, it does not require registration by the returning officer. However, a ‘how to vote’ card is the only material that can be distributed within 400 metres of a voting centre during the hours of voting.
A candidate may lodge an indication of preference, which contains the candidate's preferred order of voting within three days of the close of nominations.
Entitlement date is the day on which the voters’ list is closed to further enrolments by potential voters and when the list commences its formal preparation as a voters’ roll under the provisions of the Local Government Act. Entitlement date occurs 57 days before election day and after the
This means that people need to have:
- Notified the State or Commonwealth Electoral Commission of any changes of address;
- Notified the council of property changes;
- Applied to be on the voters’ roll (if not automatically entitled) before entitlement date in order to be enrolled to vote at the forthcoming council election.
Where the entitlement to be enrolled is automatic, a failure of the process to pick up corrections that should have been made can still be corrected by the council. However, where the entitlement required some action (such as an application) on the part of the potential voter and that action has not been taken before entitlement date, it is less likely that any correction can be undertaken in time for the coming elections.
The chief executive officer of each council must prepare the voters’ roll in accordance with procedure set out in the Local Government Act.
A council is required to ensure the voters’ roll is available for inspection.
New processes have been introduced to ensure electoral rolls are as accurate as possible. These new processes will require additional and more prominent public notice and for the rolls to close much closer to the election day.
A person enrolled as a ratepayer may apply to be a silent voter if they, or a family member’s, safety is at risk. This brings local government electoral rolls in line with State Government elections.
The certified voters’ roll must be available for inspection by the public for the period from the day the roll is certified until 30 days after election day. However, access to the rolls is limited to purposes relating to elections, polls and council communication with constituents. The Privacy Commissioner must approve access for any other purpose.
The Local Government Act disqualifies a person if they are:
- An undischarged bankrupt or person whose property is subject to control under the law relating to bankruptcy;
- A person of unsound mind;
- A member of council staff for which the election is being held and has not taken leave;
- A person elected to council who has not taken the oath of office within three months of election;
- A person not entitled to be enrolled as an elector for the Legislative Council and Assembly;
- A person ‘incapable’ of becoming a councillor;
- Making improper use of information and/or position as a councillor;
- Breaching the provisions about conflict/pecuniary interest;
- Convicted of electoral offences;
- Failing to comply with councillor rules of conduct;
- Improperly releasing confidential information.
A person is incapable of nominating as a candidate for a period of seven years if they have been convicted of an indictable offence or one of the statutory offences listed in section 29 of the Act.
A person ceases to be a councillor if they are convicted of a statutory offence, if they become an undischarged bankrupt or if they have been convicted of an offence punishable upon first conviction by a term of five years or more imprisonment.
A councillor can also be disqualified from continuing as a councillor if they are incapable of fulfilling their role under the Local Government Actor cease to have a qualification entitling them to continue in office.
All councillors go out of office at 6am on the day appointed for the general election and can retire from office by not nominating for re-election. As councillors are accountable to the community, their performance over their term of office will have a bearing on their electoral success if they stand for another term.
A councillor can resign in writing to the CEO. This is a significant decision, as council may need to conduct a by-election to fill the extraordinary vacancy created by the resigning councillor. Where a councillor resigns from a single councillor ward a by-election is required. Where a councillor resigns from a multi-councillor ward a count back is conducted on the results of the election to determine the new councillor.
