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: (08) 6551 8700 Facsimile: (08) 6552 1555 Freecall: 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. Returning Officer Manual: Foreword (2021) 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 Page Number Date of amendment Details of Approved by Number amendment Issue 1 Complete February 2001 Version 1 D Schorer Issue 2 Complete March 2005 Version 2 D Schorer Issue 3 Complete February 2006 Version 3 D Schorer Issue 4 Complete August 2007 Version 4 J Law Issue 5 Complete August 2009 Version 5 J Law Issue 6 Complete August 2011 Version 6 J Law Issue 7 Complete August 2013 Version 7 J Law Issue 8 Complete July 2015 Version 8 J Law Issue 9 Complete July 2017 Version 9 J Law Issue 10 Complete August 2019 Version 10 N Lethorn Issue 11 Complete June 2021 Version 11 N Lethorn Returning Officer Manual: Foreword (2021) Page iii Table of Contents Chapter How to use this manual 1 Dates and timeframes 2 Role of the returning officer 3 Conflict with Commonwealth or State election or referendum 3A Advertising requirements 4 Electoral roll preparation 5 Ordering supplies 6 Handling nominations 7 Ballot papers 8 Electoral staff 9 Candidates and scrutineers 10 Polling places 11 Voting before election day 12 Voting on election day 13 The count 14 Reporting the result of the election 15 After the count 16 Complaints and disputes 17 First council meeting after election 18 Refunding nomination deposits 19 Polls and referendums 20 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-by- step 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. Returning Officer Manual: Chapter 1 (2021) 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. Returning Officer Manual: Chapter 1 (2021) 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. Returning Officer Manual: Chapter 1 (2021) 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. Returning Officer Manual: Chapter 1 (2021) 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. Refers to the Local Government (Elections) Regulations 1997. Act 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. Returning Officer Manual: Chapter 1 (2021) Page 6 2. Checklist Contents 2.