Rules Schedule 2

DIVISION 1 — GENERAL REQUIREMENTS APPLYING TO ELECTIONS

1. Nomination

1.1 Only a delegate may nominate as a candidate for the election to the office of President or Director.

1.2 Any delegate wanting to nominate as a candidate for election either to the office of President or Director must submit to the Election Manager a nomination in the form specified in Schedule 4.

1.3 A nomination must be submitted to the Election Manager no earlier than 9am on the day which is 43 calendar days before MAV Election Day, and no later than the close of nominations at 4.00 pm on the day which is 25 calendar days before MAV Election Day, and may be posted, hand delivered or sent electronically to an address publicly advertised by the Election Manager.

1.4 The name of the candidate on the form of nomination must correspond with the name of the delegate that:

1.4.1 appeared in the notification of appointment, given under sub-Rule 7.2; or

1.4.2 appears on the Register of Delegates.

1.5 A delegate nominating for election may nominate themselves or be nominated by another delegate but must be the participating member council’s delegate appointed by the council under Rule 7 and notified to the Association in the form of Schedule 1.

1.6 The Election Manager must reject the nomination if:

1.6.1 the person nominating is not the delegate appointed by a participating member council; or

1.6.2 the person nominating has been nominated by a person who is not the delegate of a participating member council; or

1.6.3 the nomination has been submitted other than in the period between the opening and closing of nominations.

1.7 The Election Manager may require information from:

1.7.1 the nominee;

1.7.2 the person nominating the nominee;

1.7.3 the Chief Executive Officer; or

1.7.4 any other member of the Association’s staff

in order to decide to reject a nomination under sub-clause 1.6.

1.8 After nominations have closed, the Election Manager and the Association may publish on their respective websites the names of all candidates.

2. Candidate’s Entitlements

2.1 Each candidate for election may provide to the Election Manager a statement containing no more than 200 words and a photograph of themselves, a copy of which must be lodged no later than the close of nominations at 4.00pm on the day which is 25 calendar days before MAV Election Day so that it can be circulated under clause 12 of this Schedule.

2.2 Each candidate may appoint a scrutineer in writing to the Election Manager to be present at the ballot draw to determine the order of candidates on the ballot paper and at the count of the votes.

2.3 A person appointed as scrutineer for the purposes of the counting of votes cannot be a candidate for the office in respect of which votes are to be counted.

2.4 Subject to sub-clause 2.3, a scrutineer appointed in accordance with sub-clause 2.2 has the right to attend either or both of a ballot draw or count of votes for which they are appointed.

3. Withdrawal or Death of a Candidate

3.1 A candidate may withdraw by giving written notice to the Election Manager:

3.1.1 at any time before the close of nominations; or

3.1.2 after the close of nominations if the withdrawal will leave only one (1) candidate remaining.

3.2 If the withdrawal or death of a candidate before the conduct of an election means that only one candidate remains in the election, the Election Manager must declare the remaining candidate to be elected.

3.3 If the withdrawal or death of a candidate before the conduct of an election means that there are no candidates for an election, the election fails and the Election Manager must:

3.3.1 if the failure relates to the election of President, advise all the delegates;

3.3.2 in any other case, advise the delegates within the relevant region –

that the election has failed and that a new election will be conducted.

3.4 The Election Manager must proceed to conduct a new election under sub-clause 3.3 as soon as is practicable.

3.5 If the withdrawal or death of a candidate occurs:

3.5.1 after the close of nominations but before ballot papers have been printed and sent to delegates the Election Manager must remove the name of the candidate from the ballot paper; or

3.5.2 after the close of nominations and after the ballot papers have been printed and sent to delegates the nomination will be deemed to have been annulled and any vote for that candidate will be dealt with as if their name had not been on the ballot paper with the numbers indicating subsequent preference being deemed to have been altered accordingly.

4. Election Manager’s Duties

If an election is to be conducted for the office of President and for any Directors, the Election Manager must:

4.1 as soon as practicable after the close of nominations at 4.00 pm on the day which is 25 calendar days before MAV Election Day hold a draw by lot to determine the order in which the name of each candidate is to appear on the ballot paper;

4.2 within seven (7) calendar days of the close of nominations send to each delegate of a participating member council whose name appears on the Register of Delegates a statement setting out the names of the candidate, the positions for which they have nominated and the order in which candidates’ names will appear on the ballot paper; and

4.3 prepare separate ballot papers for each of the elections setting out the names of the candidates who have nominated.

5. Election of President

5.1 If only one delegate nominates for the office of President before the close of nominations, that delegate will be declared elected by the Election Manager.

5.2 If two or more delegates nominate for the office of President, an election must be conducted by the Election Manager.

6. Marking of Ballot Papers for Election of President

6.1 Where an election is conducted for the office of President, the delegate must mark their vote on the ballot paper delivered to them by placing:

6.1.1 the figure 1 opposite the name of the candidate for whom they vote as their first preference; and

6.1.2 the figures 2, 3, 4 (and so on as the case requires) opposite the respective names of all remaining candidates so as to indicate by numerical sequence the order of their preference for each candidate.

6.2 Where there are only two candidates a ballot paper will be deemed to be sufficiently marked if marked with the figure 1 so as to indicate the delegate’s first preference.

6.3 At any election where there are more than two candidates the requirements of this sub- clause will be deemed to be sufficiently complied with if the ballot paper is marked with the figures 1, 2, 3, 4, (and so on up to the number of candidates in the election) opposite the names of all the candidates on the ballot paper except one, and in any such case the delegate will be deemed and taken to have given their last preference vote for the candidate opposite whose name no figure is placed.

6.4 A ballot paper must be rejected if it is not marked in the manner required by this clause.

6.5 If the election is conducted by attendance voting, each delegate must, within 30 minutes after the delivery of the ballot papers, place their ballot paper in the appropriate box provided by the Election Manager.

7. Election Results for the Office of President

7.1 In this clause 7, ‘absolute majority of votes’ means a number of votes greater than one-half of the total number of ballot papers (excluding ballot papers which are rejected) and if necessary, includes a draw by lot.

7.2 If an election for the office of President has been conducted, the candidate who has received the greatest number of first preference votes, if that number constitutes an absolute majority of votes, is to be declared elected by the Election Manager.

7.3 If no candidate has received an absolute majority of first preference votes, the Election Manager must:

7.3.1 arrange the ballot papers by placing in separate parcels all those ballot papers on which a first preference is indicated for the same candidate and preference votes are duly given for all (or all but one) of the remaining candidates, omitting ballot papers which are rejected; and

7.3.2 declare the candidate who received the fewest first preference votes a defeated candidate; and

7.3.3 distribute the ballot papers counted to the defeated candidate among the undefeated candidates next in order of the voters’ preference; and

7.3.4 after the distribution, again ascertain the total number of votes given to each undefeated candidate.

7.4 The candidate who has then received the greatest number of votes, if that number constitutes an absolute majority of votes, is declared elected by the Election Manager.

7.5 If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes a defeated candidate and distributing the ballot papers counted to the defeated candidate among the undefeated candidates next in order of the voters’ preference is to be repeated until one candidate has received an absolute majority of votes and is declared elected by the Election Manager.

7.6 If on any count two or more candidates have an equal number of votes and one of them has to be declared a defeated candidate, the undefeated candidate is to be determined by lot conducted by the Election Manager.

7.7 If on a final count two candidates have an equal number of votes, the successful candidate is to be determined by lot conducted by the Election Manager.

8. Election of 10 Regional Directors

8.1 If only one delegate from a regional grouping of councils nominates for the position of Director for that region that delegate will be declared elected as the Director for that region.

8.2 If two or more delegates from a regional grouping of councils nominate for the office of Director, an election must be conducted by the Election Manager.

9. Marking of Ballot Papers for Election of Director

9.1 Where an election is conducted for a position as a Director, the delegate must mark their vote on the ballot paper delivered to them by placing:

9.1.1 the figure 1 opposite the name of the candidate for whom they vote as their first preference; and

9.1.2 the figures 2, 3, 4 (and so on up to the number of candidates in the election) opposite the respective names of all remaining candidates so as to indicate by numerical sequence the order of their preference for each candidate.

9.2 Where there are only two candidates a ballot paper will be deemed to be sufficiently marked if marked with the figure 1 so as to indicate the delegate’s first preference.

9.3 At any election where there are more than two candidates the requirements of this sub- clause will be deemed to be sufficiently complied with if the ballot paper is marked with the figures 1, 2, 3, 4, (and so on up to the number of candidates in the election) opposite the names of all the candidates on the ballot paper except one, and in any such case the delegate will be deemed and taken to have given their last preference vote for the candidate opposite whose name no figure is placed.

9.4 A ballot paper must be rejected if it is not marked in the manner required by this clause.

9.5 If the election is conducted by attendance voting, each delegate must, within 30 minutes after the delivery of the ballot papers, place their ballot paper in the appropriate box provided by the Election Manager.

10. Election Results for Directors

10.1 In this clause 10, ‘absolute majority of votes’ means a number of votes greater than one-half of the total number of ballot papers (excluding ballot papers which are rejected) and if necessary, includes a vote by lot.

10.2 If an election for any of the Directors has been conducted, the candidate who has received the greatest number of first preference votes, if that number constitutes an absolute majority of votes, is to be declared elected by the Election Manager.

10.3 If no candidate has received an absolute majority of first preference votes, the Election Manager must:

10.3.1 arrange the ballot papers by placing in separate parcels all those ballot papers on which a first preference is indicated for the same candidate and preference votes are duly given for all (or all but one) of the remaining candidates, omitting ballot papers which are rejected; and

10.3.2 declare the candidate who received the fewest first preference votes a defeated candidate; and

10.3.3 distribute the ballot papers counted to the defeated candidate among the undefeated candidates next in order of the voters’ preference; and

10.3.4 after the distribution, again ascertain the total number of votes given to each undefeated candidate.

10.4 The candidate who has then received the greatest number of votes, if that number constitutes an absolute majority of votes, is declared elected by the Election Manager.

10.5 If no candidate then has an absolute majority of votes, the process of declaring the candidate who has the fewest votes a defeated candidate and distributing the ballot papers counted to the defeated candidate among the undefeated candidates next in order of the voters’ preference is to be repeated until one candidate has received an absolute majority of votes and is declared elected by the Election Manager.

10.6 If on any count two or more candidates have an equal number of votes and one of them has to be declared a defeated candidate, the undefeated candidate is to be determined by lot conducted by the Election Manager.

10.7 If on a final count two candidates have an equal number of votes, the successful candidate is to be determined by lot conducted by the Election Manager.

11. Where Delegate has Nominated for President and Director

11.1 If any candidate declared elected as President has also nominated for a position as a Director that nomination must be declared to be invalid and any vote expressed for them for that other position will be dealt with as if their name had not been on the ballot paper and the numbers indicating subsequent preferences had been altered accordingly.

11.2 In the event that such a procedure results in there being no candidate for the office of Director, an election must be held for the vacancy.

Division 2 – Optional postal voting

12. Application of Postal Voting

12.1 If the Chief Executive Officer has determined that postal voting will apply to an election, then, in addition to the notification required to be given a delegate under clause 4, the Election Manager must, at least 14 calendar days before the last day of voting, deliver or send to each delegate who is entitled to vote at the election:

12.1.1 a postal vote certificate or declaration envelope;

12.1.2 a ballot paper for postal voting;

12.1.3 a prepaid envelope for the return of the certificate and the ballot paper;

12.1.4 instructions on how to vote;

12.1.5 notice of how and when the ballot paper must be returned by; and

12.1.6 any other material that the Election Manager thinks is appropriate.

12.2 If an election is conducted by postal voting and the Chief Executive Officer determines that extraordinary circumstances exist, a reference in these Rules to ‘MAV Election Day’ is to be taken as a day fixed by the Chief Executive Officer as the last day on which postal ballots may be validly received by the Election Manager. The Chief Executive Officer must give written notice to delegates of the extraordinary circumstances that have been determined to exist, and details of the day fixed as the last day on which postal ballots may be validly received by the Election Manager.

13. Ballot Papers and Declaration Envelopes

13.1 Subject to sub-clause 13.2, the Election Manager must ensure that:

13.1.1 ballot papers are made of marked security paper; and

13.1.2 declaration envelopes are opaque.

13.2 Each replacement declaration envelope issued under clause 14 must be identified as a replacement declaration envelope.

13.3 The Election Manager must keep a record of all persons who have been issued with a postal voting envelope and must keep a record of all those who have returned a declaration envelope.

14. Issuing Replacement Voting Materials

14.1 If on or before the last day of voting a delegate:

14.1.1 claims that they have lost or destroyed the declaration envelope or ballot paper or both; or

14.1.2 claims that they have not received a postal ballot envelope; or

14.1.3 satisfies the Election Manager that they have spoilt the declaration envelope or ballot paper or both and returns the spoilt declaration envelope or spoilt ballot paper or both,

the Election Manager must issue the voter with the appropriate replacement material.

14.2 If a spoilt declaration envelope or ballot paper has been returned under sub-clause 14.1.3 the Election Manager must cancel the spoilt declaration envelope or ballot paper.

14.3 The Election Manager may use any means of identifying declaration envelopes, ballot papers and postal ballot envelopes issued under this provision which they consider appropriate to comply with clause 16.

15. Requirements Applying to Voters

15.1 A delegate voting must:

15.1.1 mark their preference on the ballot paper in the manner required in this Schedule;

15.1.2 sign their name on the declaration envelope in the place provided and complete any details where indicated;

15.1.3 insert the completed ballot paper in the declaration envelope provided and seal the envelope; and

15.1.4 place the declaration envelope in the prepaid envelope provided.

15.2 The delegate must post or deliver the prepaid envelope containing the declaration envelope and ballot paper to the Election Manager at the address on the envelope so as to reach the Election Manager not later than 6.00 pm on the last day of voting or to deliver it to the address designated by the Election Manager for that purpose not later than 6.00 pm on the last day of voting or by any other time specified by the Election Manager.

16. Receipt of Declaration Envelopes

16.1 The Election Manager may, before the close of voting:

16.1.1 remove the declaration envelopes from the prepaid envelopes;

16.1.2 separate the signed declaration envelopes from the unsigned declaration envelopes;

16.1.3 disallow the unsigned declaration envelopes; and

16.1.4 arrange all signed declaration envelopes according to the appropriate regional grouping of councils.

16.2 The Election Manager must:

16.2.1 identify the declaration envelopes issued under clause 14;

16.2.2 satisfy themselves that:

16.2.2.1 the person voting was entitled to vote; or

16.2.2.2 the person has not voted or attempted to vote more than once at the election; or

16.2.2.3 the declaration envelope was signed by the same person whose name appears on the list of representatives entitled to vote.

16.3 If the Election Manager is satisfied they must accept the ballot paper within the declaration envelope for further scrutiny without opening the declaration envelope in which it is contained, but if the Election Manager is not satisfied the ballot paper within the declaration envelope must be disallowed without opening the declaration envelope within which it is contained.

16.4 The Election Manager must arrange all the declaration envelopes containing accepted ballot papers in accordance with sub-clause 16.1.4.

17. Security of Declaration Envelopes

17.1 The Election Manager must ensure that all declaration envelopes received are securely kept until after the close of voting.

17.2 The Election Manager must ensure that all declaration envelopes remain unopened until after the close of voting.

18. Handling of Election Materials

18.1 The Election Manager must as soon as practicable after the close of voting do the following in the presence of any scrutineers and any other person who is authorised:

18.1.1 retrieve the secured declaration envelopes;

18.1.2 make up into separate parcels:

18.1.2.1 the records kept of persons who have returned a declaration envelope;

18.1.2.2 the spoilt ballot papers and the declaration envelopes;

18.1.2.3 the unsigned declaration envelopes;

18.1.2.4 the declaration envelopes disallowed under sub-clauses 16.1.3 and 16.3; and

18.1.2.5 any unused declaration envelopes;

18.1.3 separate the signed declarations from the declaration envelopes;

18.1.4 open the allowed declaration envelopes and take out the ballot papers;

18.1.5 make up the signed declaration envelopes into separate parcels and ascertain the number of votes received by each candidate and the number of informal votes;

18.1.6 set aside any rejected ballot papers;

18.1.7 make up into separate parcels:

18.1.7.1 the used ballot papers;

18.1.7.2 any rejected ballot papers; and

18.1.7.3 any unused ballot papers;

18.1.8 prepare and sign a certificate which may be signed by any of the scrutineers specifying the number of:

18.1.8.1 votes received by each candidate; and

18.1.8.2 ballot papers set aside as rejected;

18.1.9 make a statement on the outside of each parcel containing:

18.1.9.1 a description of its contents;

18.1.9.2 the name of the council and the regional grouping of councils;

18.1.9.3 the date of the count; and

18.1.9.4 enclose and properly fasten each parcel and sign the statement made under this sub-clause and permit any scrutineer to sign the statement.

18.2 As far as practicable, the Election Manager must ensure that the ballot paper is removed from a signed declaration envelope in a way that prevents any person from seeing how a delegate voted.

18.3 The Election Manager must, as soon as practicable, ascertain from the certificate prepared under sub-clause 18.1.8 the number of first preference votes given to each candidate.

19. Safe Custody of Ballot Materials

19.1 The Election Manager is, until such time as the election is declared, responsible for the safe custody of postal ballot envelopes and all documents and materials, including during the adjournment of any count of the vote, and must:

19.1.1 keep a record of the ballot papers that have been printed; and

19.1.2 reconcile that number with the number of ballot papers which have been issued, spoilt or unused

19.2 The Election Manager must:

19.2.1 certify the record kept under sub-clause 19.1 as being true and correct; and

19.2.2 submit the record and forward the ballot papers, declarations and declaration envelopes to the Association as soon as practicable after MAV Election Day.