Returning Officer Manual August 2021

Returning Officer Manual

August 2021

Director General’s Foreword

Local government elections are the ultimate means by which council members are held accountable for their performance as community representatives.

To maintain public confidence in the democratic process, elections must be run to the highest standards of fairness and propriety. It is the returning officer’s responsibility to ensure those standards are achieved.

This manual is designed to assist returning officers in the conduct of voting ‘in person’ elections. It is an example of the Department of Local Government, Sport and Cultural Industries’ continuing commitment to assist local governments in meeting their statutory and community obligations.

I am pleased to commend the manual for use by returning officers and other relevant electoral officers.

Lanie Chopping

Director General

June 2021

Returning Officer Manual: Foreword (2021)

Page i

Acknowledgements

The Returning Officer Manual was originally prepared by Mrs Steve Smith, consultant, under the direction of Mr Darryl Schorer at the (former) Department of Local Government. Major contributions were made by the following:

•••••••

Russel Fishwick, Town of Victoria Park Trevor Harken, Town of Mosman Park Graeme Mackenzie, Town of Bassendean Allan Middleton of the former Shire of Northam Geoff Owen, McLeod & Co Tom Pashley, Shire of Mundaring Ian Rennie, Shire of Dandaragan

Published by the Department of Local Government, Sport and Cultural Industries.

Department of Local Government, Sport and Cultural Industries

Gordon Stephenson House 140 William Street

Telephone: Facsimile: Freecall:
(08) 6551 8700 (08) 6552 1555 1800 620 511 (Country Only)

Email: [email protected] Web: www.dlgsc.wa.gov.au

Translating and Interpreting Service (TIS) - Tel: 13 14 50 ISBN 0-7309 2039 9 Reviewed 2021.

Copyright

Copyright is reserved to the Department of Local Government, Sport and Cultural Industries, Perth, Western Australia. All or part of this document may be copied if required for personal use and not for financial gain. Due recognition of the source would be appreciated. Example documents do not need to include an acknowledgement.

Page ii

Disclaimer

Although every care has been taken in the production of these documents, neither the Crown in the right of the State of Western Australia nor any servant or agent of the Crown accepts responsibility for any loss or damage suffered at any time by any person as a result of any error, omission or inaccuracy in the publication whether or not the error, omission or inaccuracy has resulted from negligence or any other cause.

Amendments

Amendment Number

Page Number

Date of amendment Details of

amendment
Approved by
Issue 1 Issue 2 Issue 3 Issue 4 Issue 5 Issue 6 Issue 7 Issue 8 Issue 9 Issue 10 Issue 11
Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete
February 2001 March 2005 February 2006 August 2007 August 2009 August 2011 August 2013 July 2015
Version 1 Version 2 Version 3 Version 4 Version 5 Version 6 Version 7 Version 8 Version 9 Version 10 Version 11
D Schorer D Schorer D Schorer J Law J Law J Law J Law J Law

July 2017

J Law

August 2019 June 2021
N Lethorn N Lethorn

Page iii

Table of Contents

Chapter

1

How to use this manual

Dates and timeframes Role of the returning officer Conflict with Commonwealth or State election or referendum Advertising requirements Electoral roll preparation Ordering supplies
23
3A
456

Handling nominations

7

Ballot papers

8

Electoral staff

9

Candidates and scrutineers Polling places
10 11 12 13 14 15 16 17 18 19 20
Voting before election day Voting on election day The count Reporting the result of the election After the count Complaints and disputes First council meeting after election Refunding nomination deposits Polls and referendums

Returning Officer Manual: Chapter 1 (2021)

Page 1

1. How to use this manual

1.1. About this manual

Welcome

Welcome to this manual for returning officers. Returning

officers are responsible for conducting ‘in person’ elections for

local government in Western Australia. The manual answers all your questions and takes you step-bystep through the electoral process. It also includes copies of forms you must use that have been prescribed in regulations and provides examples of all other documentation so that you can easily adapt them for your own use.

This publication focuses on you and your needs – it is a practical guide. You will discover everything you need to know about organising advertising, staff, polling places, and how to count the votes and declare the result. The manual is written

as a ‘how to’ guide and is a companion to the Local

Government Act 1995 (Act) and its regulations but does not replace them. You will need to use all three.

You should also refer to the local government ordinary election timetable available on the Department of Local Government, Sport and Cultural Industries website. This document outlines key deadlines and associated activities involved in preparing and conducting a local government in person election.

Use as a reference book

The manual is a reference tool designed so that you can go to any topic and start reading. There are 20 chapters and an appendix.

All the forms you need, and example documents, are included in the relevant chapter for you to adapt and use at your local government.

Page 2

1.2. The manual’s purpose

Aims and objectives

The aim of this manual is to be a guide for both experienced returning officers and those who might be conducting an election for the first time.

The objective is to provide an easy to read reference that details everything you need to know about the election process - including a complete timetable of actions you need to take, forms, and example documents.

Expected users

This manual is for use by CEOs or other appointed persons in local governments in Western Australia who become the

returning officer for ‘in person’ voting elections within their local

government. It will also be useful for deputy returning officers who are delegated specific tasks in the election process.

Page 3

1.3. How the manual is structured

Chapters

Each chapter is divided into separate sections that deal with an aspect of the main chapter topic.

At the beginning of each chapter, you will find a table of contents that lists the sections in that chapter.

Sections and subsections

Each section deals with a specific part of the main theme of the chapter. For example, the chapter on handling nominations has sections relating to preparing nomination packs, eligibility requirements, candidate profiles, and other nomination related topics. In each section there are subsections that deal with individual components relating to the section.

Page layout

Most pages are set out with a wide left-hand margin. In this margin you will find cross-references to the Act and associated regulations and other sections in the manual.

Forms and example documents

Throughout the text, you will find references to legal forms (form) you must use and other documents that are provided as examples (example.doc) that can easily be adapted for your own use.

For information on how to adapt example documents, see section 1.4 in this chapter.

Page 4

1.4. References and icons

References Throughout the manual, you will find references to the Act, regulations, and other parts of the manual. Because this manual is a guide, you are advised to check the actual legal interpretation by using the references provided and any other material you consider necessary.

Forms and example documents

Example documents are provided as a useful guide. They are not mandatory. If you already have documents that you typically use in elections, then continue to do so if you are satisfied that they meet requirements and work well. Some example documents merely require you to insert names and dates. Others have case study material to give a complete demonstration of the types of things you will write yourself – delete the case study and insert material from your own situation.

References for example documents begin with “E” and are

numbered numerically with a backslash and the number of the chapter. Thus, E3/7 means you need to turn to the end of chapter 7 for the example document numbered 3 in the sequence. Throughout the manual, reference numbers are

quoted as: Example.doc E3/7.

The reference number appears in the right-hand corner of each example document. You can simply remove this number and adapt the remaining document to suit your purposes.

Quality document control

Where forms and documents are provided, you will find a section relating to quality document control. This is a schedule that helps you keep track of your documents in your records management system.

Page 5

Icons and references

R

Indicates a checklist to help make sure you have carried out all the steps recommended.

&

Indicates that you can photocopy the page or section and use it separately as a reference sheet.

.

Indicates a separate booklet.

2

Indicates that you can use the list as a checklist for the materials and equipment you need for the process described.

Reference definitions

s.

Refers to a section in the Local Government Act 1995.

reg. Act

Refers to the Local Government (Elections) Regulations 1997.

Refers to the Local Government Act 1995.

Department Refers to the Department of Local Government,
Sport and Cultural Industries.

WALGA

Refers to the Western Australian Local

Government Association.

Page 6

2. Checklist

Contents

2.

Checklist ..............................................................................................................7

2.1. Scheduler and checklist .............................................................................8

Page 7

2.1. Scheduler and checklist

References

Activity

Chapter

Commence

Complete

Done?

9

26/7/21

28/7/21

☐

Hint

CEO to complete Returning Officer Declaration.

s. 4.20 reg. 7 Hint
94
28/7/21
2/8/21
29/7/21
6/8/21

☐☐

Returning officer appoints deputy returning officer(s). s.4.21 regs. 6 & 7

Hint

Prepare advertisement giving Statewide public notice of

close of enrolment for owners and occupiers if not using WALGA joint advertising scheme.

11

4
2/8/21 7/8/21
20/8/21 21/8/21

☐☐

Hint

Inspect and book polling place(s).

s. 4.39

Statewide public notice of close of enrolment for owners

and occupiers.
5

4

7/8/21

21/8/21

19/8/21

☐☐

s. 4.40 Hint
CEO to advise Electoral Commissioner of need for residents’ roll.

13/8/21
Prepare advertisement giving Statewide public notice

calling for nominations if not using WALGA joint advertising scheme.

4

11
7
21/8/21 23/8/21 26/8/21
1/9/21 1/9/21 1/9/21

☐☐☐

s. 4.47 Hint
Statewide public notice calling for nominations. Prepare nomination packages.

Hint

Prepare candidate packages and materials for drawing of

position on ballot papers.

5

27/8/21

☐

s. 4.39

Applications for inclusion on owners and occupiers roll

close. at 5.00pm

Page 8

References

Activity

Chapter

11

Commence

Complete

Done?

2/9/21

☐☐

s. 4.49 reg. 27
Nominations open.

20

8/9/21

Refund deposits on withdrawal of nominations up to this

day. up to 4.00pm

7

77
9/9/21

☐☐☐

s. 4.53 reg. 25
Last day nominations can be withdrawn. Nominations close. up to 4.00pm
9/9/21 s. 4.49

at 4.00pm

9/9/21 s. 4.54

s. 4.56
Declaration of candidates and draw for position on ballot paper. forthwith after

4.00pm
Distribute candidate packages and deliver them to those candidates not present.

9/9/21

13/9/21

10/9/21 10/9/21

☐☐☐☐

Hint

Formally advise all candidates of result of the draw for

positions on ballot paper.
5

55s. 4.40 s. 4.41 Hint
CEO to receive certified residents roll from Electoral Commissioner.

Last day for CEO to compile and sign owners and occupiers roll.

10/9/21

17/9/21 or

Arrange for two separate rolls to be printed or carry out

consolidation process and include rolls in candidate packages. shortly after
12

8
10/9/21 10/9/21
17/9/21 24/9/21

☐☐

Hint

Schedule briefing for electoral officers on

early/absent/postal voting.

s.

Arrange printing of ballot papers.

4.71(1)reg. 33

Page 9

References

Activity

Chapter

Commence

Complete

Done?

6

10/9/21

24/9/21

☐

Hint

Arrange supplies of forms, seals, and other material for use

at polling places and the count.

12

4
10/9/21 10/9/21
24/9/21 27/9/21

☐☐

Hint

Appoint staff to process early, absent, and postal vote

applications.

Hint

Prepare advertisement for the election notice if not using

WALGA joint advertising scheme and publish election notice. s. 4.64
17 12
9
As appropriate
13/9/21

☐☐☐

Hint Hint Hint
Set up electoral complaints system. Set up for early voting.
14/9/21

20/9/21

13/9/21

Advertise for electoral staff to work at polling places and the

count.
11

5
17/9/21

☐☐

s. 4.62 s. 4.43
Appoint polling places.
24/9/21
Last day for CEO to delete duplication of names on roll(s)

and make corrections if not previously printed and included in candidate packages.
12

12 12
When election notice given
12/10/21

☐☐☐

s. 4.68

Absent voting commences.

Early voting commences. Postal voting opens. at 4.00pm
When election notice given
15/10/21 s. 4.68

at 4.00pm regs. 31, 59

After election papers issued
16/10/21 s. 4.68

up to 6.00pm

11

11
27/9/21 4/10/21
15/10/21

☐☐

Hint

Inspect and arrange for voting screens, direction signs etc.

to be cleaned and repaired if necessary.

8/10/21

Hint

Appoint selected electoral staff to polling places and the

count of votes and advise successful and unsuccessful applicants. s. 4.63

Page 10

References

Activity

Chapter

Commence

8/10/21

Complete

15/10/21 15/10/21

Done?

11
9

☐☐☐

Hint

Prepare presiding officer packages.

11/10/21

Any time

Hint

Schedule briefing with electoral officers.

Close of applications for a postal vote on election day.

12

15/10/21

reg. 37(3)

at 4.00pm

11 11 14
13/10/21 15/10/21 15/10/21
15/10/21 15/10/21

☐☐☐

Hint Hint Hint
Arrange to obtain keys to polling places. Arrange deliveries of heavy equipment to polling places. Arrange for count area to be set up.
16/10/21 up to
6.00pm

11

15/10/21

4.30pm
16/10/21 before

☐

Hint

Issue presiding officer packages with ballot papers and

seals and photocopies of early votes cast, absent votes and postal votes received, and scrutineers appointed.
7.00am

13

14

16/10/21

☐☐

s.