Local Government (Elections) Amendment Regulations (No. 2) 2009 (WA)

28 August 2009 GOVERNMENT GAZETTE, WA 3359

LG302*

Local Government Act 1995

Local Government (Elections) Amendment

Regulations (No. 2) 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Local Government (Elections)
Amendment Regulations (No. 2) 2009.

( I ) In regulation 3 delete the definition of first preference vote.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day the Local Government Amendment (Elections) Act 2009 section 3 comes into operation.

3.            Regulations amended

These regulations amend the Local Government (Elections)
Regulations 1997.

4.            Regulation 3 amended

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(2) In regulation 3 insert in alphabetical order:

electronic counting system means an electronic system to ascertain the total votes received by each candidate, which may include a process for recording the votes

indicated on the ballot papers for an election;

(3) In regulation 3 in the definition of election papers delete
paragraph (ba) and "and" after it and insert:

(ba) a paper record that shows the total votes

received by each candidate named on the ballot

paper for the election; and

5. Regulation 27 amended
Delete regulation 27(2) and (3) and insert:

(2) If the number of votes received by a candidate is at

least 5% of the total number of votes included in the

count, that candidate's deposit is to be refunded.

6. Regulation 31 amended
In regulation 3 1(1)(i)(ii) delete "preferences" and insert:

votes

7.            Regulation 34 replaced

Delete regulation 34 and insert:

34.         One office to be filled - s. 4.69(1)

If only one office is to be filled at the election, an elector is to mark the ballot paper by placing a tick in the box opposite the name of the candidate whom the elector wishes to be elected.

8. Regulation 35 replaced
Delete regulation 35 and insert:

35.         Two or more offices to be filled - s. 4.69(2)

If 2 or more offices are to be filled at the election, an elector is to mark the ballot paper by placing a tick in

28 August 2009 GOVERNMENT GAZETTE, WA 3361

the box opposite the name of each candidate whom the
elector wishes to be elected but is not to place ticks in
more boxes than the number of offices to be filled.

9.             Regulation 56 amended

After regulation 56(3)(a) insert:

(b) the names of any one or more of the candidates

not being listed on the ballot paper;

10.           Regulation 71 amended

Delete regulation 7 1(e) and insert:

(e) to be present after the close of the poll when

ballot boxes are opened and during the counting
of the votes so as to observe all proceedings at
the count.

11.          Regulation 75A deleted

Delete regulation 75A.

12.          Regulation 75B replaced

Delete regulation 75B and insert:

75B.	Use of electronic counting system
For the purposes of Schedule 4.1 to the Act the RO may use an electronic counting system to ascertain the number of votes given to each candidate.

13.          Regulation 75C amended

(1) In regulation 75C(3):

(a) in paragraph (a)(ii) delete "preferences" and insert:

votes

(b) delete paragraph (b) and insert:

(b) permit the transmission, by data file or any

other electronic means, of the data so recorded to an electronic counting place for use as data by the electronic counting system.

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(2) Delete regulation 75C(4)(b) and insert:

(b) permit the transmission, by fax or any other

electronic means, of an image of a ballot paper
to an electronic counting place for use in the
electronic counting system.

14.          Regulation 77A amended

(1)	Delete regulation 77/\(I) and insert:
(1) In this regulation -

clause 5 means clause 5 of Schedule 4.1 to the Act;
tied candidates means the candidates between whom

the drawing of lots is required under clause 5.

(2)	In regulation 77A(2) delete "clause 2(2), 7, 8, 18,21 or 23." and insert:
clause 5,
(3)	Delete regulation 77A(7) and insert:
(7) The candidate whose name appears on the slip obtained by the RO in accordance with subregulation (5) is to be elected.

15.          Regulation 80 amended

(1) Delete regulation 80(2)(c) and "and" after it and insert:

(c) if voting by electors took place, the votes received by each candidate; and

(2) Delete regulation 80(4) and (5).

16.          Schedule 1 amended

(1) In Schedule 1 delete Form 10 and the notes after Form 10 and

insert:

Form 10. Ballot Paper

I BALLOT PAPER

Election of	I
Local government district2:

28 August 2009 GOVERNMENT GAZETTE, WA 3363

War d3:

Election date':

How to votes

Place a tick El in the box next to the candidate you want to elect.

Do not make any other marks on the ballot paper.

Candidates6

0 0 0 0 0 0

Notes to Form 10

Notes to Returning Officer when preparing the ballot paper

1         Mayor, president or coundilor(s)

Insert "Mayor", "President", "Councillor" or
Councillors" as appropriate.

2         District

Fill in the name of the local government district.

3          Ward

Fill in name of the ward, or if there is no ward delete this box.

4         Election date

Fill in the election date.

5         How to vote

This 'How to Vote' note is for an election for a mayor, president or one councillor. If the election is for 2 or more councillors replace it with the following note:

How to vote

Place a tick El in the box next to each of the candidates

you want to elect.	7
You may choose up to	candidates. If you
choose more than	your vote will be invalid.

Do not make any other marks on the ballot paper.

6 Candidates

Insert the names of the candidates in the order determined additions as are necessary to distinguish them from each other.

under section 4.56(a) of the Act. Add more lines if necessary
and delete any unused lines.
All names must be in the same size text.

7         Number of councillors

If the election is for more than one councillor insert the number of councillors to be elected.

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(2) In Schedule 1 delete Form 11 (front and back) and insert:

Form 11.	Absent Vote Ballot Paper
ABSENT VOTE BALLOT PAPER

See back for notes on how to vote

Election of' 11 Mayor

I President

11        Councillor(s)

Local government district2:
Ward':

Election date4:

Candidates'

0 0 0 0 0 0

Back of Form 11

How to make an absent vote

1 Mayor,

president or councillors	Place a tick 0 in the appropriate box.
2 District	Fill in the name of the local government district in respect of which you are voting.
3 Ward	Fill in the name of the ward in respect of which you are voting. If
you are voting in respect of a local government district which is not
divided into wards, leave this box blank.
4 Election date	Fill in the official election date - not the day you are filling in this form.
5 Candidates	Fill in the names of the candidates. Write one name on each line. You may fill in the candidates' names in any order.
Cast your vote	If the election is for a mayor or president or only one councillor place a tick El in the box next to the candidate you want to elect. If the election is for 2 or more councillors place a tick El in the box
next to each of the candidates you want to elect. councillors to be elected. If you choose any more, your vote will be invalid.

For example - if the election is for 3 councillors you may
tick the boxes for 1, 2 or 3 candidates but ifyou tick

4 boxes your vote will be invalid.

Do not make any other marks on the ballot paper.

28 August 2009 GOVERNMENT GAZETTE, WA 3365

(3) In Schedule 1 delete Form 13(a) and (b) and the notes after

Form 13 and insert:

Form 13. Postal Voting Instructions

(a) Mayoral/Presidential or Ward Election

Local Government (Elections) Regulations 1997, r. 43(1 )(a)

POSTAL VOTING INSTRUCTIONS

Election package

This is your Postal Voting Election Package. It contains:

• profiles of each of the candidates in your electorate;

• a ballot paper;

• an elector's certificate' ; and

• a ballot paper envelope;

• a postage pre-paid envelope addressed to the Returning Officer".

If any of these papers are missing from your package please contact the Returning Officer for your district.

How to vote"'

0	Decide which candidate(s) you want to elect and mark your choice on the ballot paper. The instructions on the ballot paper tell you how to do this.
@	Put your completed ballot paper into the ballot paper envelope and seal that envelope.
)	Fill in and sign the elector's certificate.
0	Put the ballot paper envelope and the elector's certificate2 into the envelope addressed to the Returning Officer and seal that envelope.
0	Post that envelope to the Returning Officer or deliver it to an electoral officer at:

• the offices of the local government during office hours before election day; or

• a polling place between 8 am. and 6 p.m. on election day.

If you post your vote the Returning Officer must receive it before

6p.m. on election day. Make sure you post it in plenty of time.

nv questions If you have any questions about your Postal Voting Election
Package or about how to lodge your vote, contact the Returning
Officer for your district.

Returning Officer3

Name:

Address:

Phone No.:

Fax No.:
Email address:

Form 13. Postal Voting Instructions

(b) Simultaneous Mayoral/Presidential and Ward
Elections

Local Government (Elections) Regulations 1997, r. 43(1 )(a)

POSTAL VOTING INSTRUCTIONS

Election package	This is your Postal Voting Election Package. It contains:
• for the election of the mayor4:

• profiles of each of the candidates; and

• a mayoral4 ballot paper;

•	for the election of councillors:
• profiles of each of the candidates; and

• a councillors ballot paper;

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an elector's certificate' Ia.

•

• a ballot paper envelope';

• a postage pre-paid envelope addressed to the Returning Officer.

If any of these papers are missing from your package please contact the Returning Officer for your district.

How to vote	0	Decide which candidate you want to elect as mayor4 and mark your choice on the mayoral4 ballot paper. The instructions on the ballot paper tell you how to do this.
•	Decide which candidate(s) you want to elect as councillor(s) and mark your choice on the councillors ballot paper. The instructions on the ballot paper tell you how to do this.
0	Put both your completed ballot papers into the ballot paper envelope and seal that envelope.
o	Fill in and sign the elector's certificate.
•	Put the ballot paper envelope and the elector's certificate2
into the envelope addressed to the Returning Officer and seal that envelope.
O	Post or deliver that envelope to the Returning Officer or deliver it to an electoral officer at:
• the offices of the local government during office hours before election day; or • a polling place between 8 a.m. and 6 p.m. on election day.

If you post your vote the Returning Officer must receive it before

6p.m. on election day. Make sure you post it in plenty of tune.

Any questions If you have any questions about your Postal Voting Election
Package or about how to lodge your vote, contact the Returning
Officer for your district.

Returning Officer
Name:

Address:

Phone No.:
Fax No.:

Email address:

Notes to Form 13

Notes to Returning Officer when preparing postal
voting instructions

Elector's certificate

If the elector's certificate is -
(a)	attached to the ballot paper envelope insert "which is attached to the ballot paper envelope "; or
(b)	printed on the return envelope insert "which is printed on the envelope addressed to the Returning Officer".

la Ballot paper envelopes and pre-paid envelopes

If the ballot paper envelope is also the postage pre-paid envelope addressed to the Returning Officer and incorporates the elector's certificate, delete these 3 items and insert instead-

". a combined ballot paper envelope and postage

pre-paid envelope addressed to the Returning Officer

with an elector's certificate attached.".

A How to vote (Form 13(a))

If the ballot paper envelope is also the postage pre-paid envelope addressed to the Returning Officer and

28 August 2009 GOVERNMENT GAZETTE, WA 3367

incorporates the elector's certificate, delete these "How to

vote" instructions and insert instead -

How to vote	0	Decide which candidate(s) you want to elect and mark your choice on the ballot paper. The instructions with the ballot paper tell you how to do this.
€
Put your completed ballot paper into the envelope provided and seal the envelope.
€)	Fill in and sign the elector's certificate.
0	Post the envelope to the Returning Officer, or deliver it to an electoral officer at:
• the offices of the local government during office hours before election day; or • a polling place between 8 a.m. and 6 p.m. on election day.

If you post your vote the Returning Officer must receive it before 6 p.m. on election day. Make sure you post it in plenty of time.

2         Elector's certificate

If the elector's certificate is:

(a)	attached to the ballot paper envelope, replace "and the elector's certificate" with ", including the elector's certificate "; or
(b)	printed on the return envelope, delete "and the elector's certificate" and renumber 'How to vote' instructions 3 and 4 as 4 and 3 respectively.

3         Returning Officer

Insert the name and contact details of the Returning Officer or, where the Electoral Commissioner has been declared responsible for the conduct of an election, such other contact details as are appropriate.

3a How to vote (Form 13(b))

If the ballot paper envelope is also the postage pre-paid envelope addressed to the Returning Officer and incorporates the elector's certificate, delete these "How to vote" instructions and insert instead -

How to vote 0 Decide which candidate you want to elect as

mayor4 and mark your choice on the mayoral4

ballot paper. The instructions with the ballot

paper tell you how to do this.

0	Decide which candidate(s) you want to elect as councillor(s) and mark your choice on the councillors ballot paper. The instructions with the ballot paper tell you how to do this.
O	Put your completed ballot papers into the envelope provided and seal the envelope.
o	Fill in and sign the elector's certificate.
O	Post that envelope to the Returning Officer, or deliver it to an electoral officer at:
• the offices of the local government during office hours before election day; or • a polling place between 8 a.m. and 6 p.m. on election day.

If you post your vote the Returning Officer must receive it before 6 p.m. on election day. Make sure you post it in plenty of time.

4         Mayor/President

For an election in a Shire replace "mayor" with "president" and "mayoral" with "presidential".

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(4) In Schedule 1 Form 18 on the back of the duplicate copy in the

box entitled "What you may do" delete:

• be present when ballot boxes are opened, when preferences indicated on ballot papers are recorded electronically and during the counting of the votes.

and insert:

• be present when ballot boxes are opened and votes are being counted.

(5) In Schedule 1 delete Form 19 and the notes after Form 19 and
insert:

Form 19. Results of Election

Local Government Act 1995, s. 4.77

RESULTS OF ELECTION FOR

Results These are the results of the local government election held on

Mayo r/President2	Candidate	Number of votes3
Therefore	is elected as

mayor/president2 of until

Candidate Number of votes3

Ward

Therefore the following people are elected as councillors for the ward. Each councillor will hold office until the date set Out

next to his or her name.

Name Expiry of term

Returning officer Full name:

Signature:  Date:

Notes to Form 19

Notes to Returning Officer when preparing results

1         District

Insert the name of the local government district.

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2         Mayor or President

Delete "Mayor" or "President" as appropriate. president, delete this box.

3         Elected unopposed or appointed

If a person was elected unopposed under section 4.55 of the
Act insert "elected unopposed" in this column.
If a person was appointed by the council of the local
government under section 4.57(3) of the Act insert

"appointed by council" in this column.

4 Ward

Repeat this box for each ward in the district in which there
was an election and insert the name of the ward.
If there were no councillor elections, delete this box.
If the district is not divided into wards but councillors were
electedfor the district, change the title of this box to

"Councillors" and delete the word "ward" in the last line.

(6) In Schedule 1 delete Form 20 and insert:

Form 20. Report to Minister

REPORT TO MINISTER

Local Government Act 1995, s. 4.79(2)
Local Government (Elections)

Regulations 1997, r. 81

Part 1 - General information

Use one form for each election.

District and date

District (and ward, if
applicable) where election
held:

Election date:

Vacancies

Number of vacancies:

Vacancies unfilled:
(i.e. vacancies for which no nominations were received at

the close of nominations):

fype of election

Voting in person:

Postal:

(Tick one box)

Position/s

Mayor/ president! councillor*

* Delete whichever is inapplicable.

Number of persons on rolls

Number of persons on owners and occupiers roll

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Number of persons on residents roll

Total number of names of persons on rolls (roll, if consolidated)

Part 2 -	Voter turnout
Voter categories	Number of voters
Absent voters whose voting papers were rejected' Postal voters whose voting papers were rejected' Absent voters whose voting papers were accepted'
Postal voters whose voting papers were accepted'
Early voters recorded on roll
Voters who voted in person on election day recorded on
roll
Provisional voters whose voting papers were accepted'
Total voter turnout3

Assume the voting papers include a ballot paper for this election.

2 Work Out using number of accepted elector certificates retained.

Work Out using number of accepted absent voter declarations retained. Total number of eligible electors who attempted to vote by the close of poll.

Part 3 Number of late arriving postal packages

Number of late arriving postal packages6:

Include voting packages arriving up to one week after the close of poll. Assume the voting papers include a ballot paper for this election.

Part 4— Details of candidates and votes

Surname Oilier Gender Previous member Votes

il(iiiies (yes/no) received

Insert the total number of votes received by each candidate.

Insert "unopposed" if the candidate was elected unopposed under section 4.55 of the
Local Government Act 1995.
Insert "appointed" if the candidate was appointed under section 4.57(3) of the Local

Government Act 1995.

- iiaiiou papers countea

Ballot papers

\'iunher

Number of valid ballot papers counted
Number of informal ballot papers counted

Part 6

Candidate/s elected

Surname

Other	Year term	Type of vacancy
lunmies	expires	(Ordinary/extraordinary/other)

28 August 2009 GOVERNMENT GAZETTE, WA 3371

Returning	Full name:
officer	Signature:  Date:

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.