Print Version PDFDeclaration and Disputes
Results, disputes and improper campaign
conduct
The returning
officer will publicly declare results as soon as practicable after election day
giving the names of the candidates elected. This will usually be by 6 pm on the
Saturday for councils holding a postal vote and 6 pm on Sunday for councils
conducting attendance elections. The declaration of the election may be delayed
if the returning officer is required to conduct a re-count.
The returning
officer is required under the Local Government Act to give public notice of the
result of the election and to notify the Minister.
The Local
Government Act allows candidates or any 10 voters (including unenrolled voters)
to apply to the Municipal Electoral Tribunal (MET) to conduct an inquiry.
An application
can be made when the validity of the election is disputed.
A MET is
constituted by a magistrate or acting magistrate. An application to MET must be
lodged within 14 days of the declaration of the election.
A candidate may
dispute the result of an election and apply for an enquiry by the Municipal
Electoral Tribunal. The Returning Officer has full discretion over conducting a
re-count of votes.
While it is expected that elections will be conducted in a fair
and proper manner it is important to note the potential breaches of the Act for
improper campaign conduct. There are a number of restrictions on how a
candidate conducts him- or herself during an election campaign and penalties
apply. The majority arecovered in Sections 52 to 59 of the Local Government Act
1989 and are summarised below.
unlawful nomination-
A person must not nominate if they are ‘incapable’ or not
‘qualified’ to become a councillor.
Penalty – ($2000)
canvassing near a polling place
For attendance voting – individuals are
not allowed to canvass for votes, erect signage for the election, hand out
material etc. within six meters of a voting centre (or a lesser distance as set
by the returning officer).
Penalty – ($1000)
interfering with rights
A person cannot hinder or interfere with the exercise of any
individual of any political right or duty in relation to an election.
For attendance voting – during the
hours of polling individuals are not allowed to conduct any demonstration that
has any reference to the election, or use loud speakers/amplifiers/broadcasting
intended to affect the result.
Penalty – ($100)
printing of electoral material (Section 55)
Electoral material must have the name
and address of the person who authorised the material.
Penalty – ($1000) or ($2000) (if
corporate body)
misleading or deceptive matter
Election material (including a
representation of a ballot paper) must not contain matters that are likely to
mislead or deceive a person in relation to the casting of their vote.
Penalty – ($1000) or $2000 (if corporate
body)
author to be identified
Any election material in a newspaper,
circular, pamphlet, letter that is published in the election period must have
the author’s name and address at the end of the relevant document/article etc.
Penalty – ($1000) or $2000 (if corporate
body)
distribution of electoral material
A person is not allowed to distribute
anything other than a registered how-to-vote card within 400 metres of a voting
centre.
Penalty – ($1000)
false of defamatory statements
Must not make or publish any false or
defamatory statements in relation to the personal character or personal conduct
of another candidate.
Penalty – ($1000) or $5000 if corporate
body.
injunction
A candidate can apply to the Supreme Court for an injunction if
they believe that another candidate/person has been, is, or is proposing to
engage in any of the conduct outlined
bribery, treating or undue
influence
You cannot offer any property or benefit of any kind to another in
order to influence:
- How a person votes;
- The candidature of a person;
- The support or opposition of a candidate; or
- Any other action intended to influence the
preferences set out in the vote.
It is also an offence for a person to
ask for property or benefit to undertake the above points.
