Local Government (Electoral) Regulations 2005 (Vic)

Version No. 005

Local Government (Electoral) Regulations 2005

S.R. No. 98/2005

Version incorporating amendments as at

4 August 2015

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provisions

3Revocation

4Definitions

Part 2—Voters' rolls

Division 1—Enrolment of voters

5Request to vary owner enrolment

6Enrolment application from property owner

7Enrolment application from property occupier

8Resignation of occupier enrolment

9Withdrawal of owner consent

10Appointment of corporation representative

11Resignation of corporation representative

12Revocation of corporation appointment

Division 2—Silent voters

13Silent voter request

14Silent voter record

15Silent voter's details to be kept secure

16Silent voter not required to provide address

Division 3—Form of voters' rolls

17Exhibition roll and voters' roll

Part 3—General election matters

Division 1—Authorised persons

18Declaration by returning officer, authorised person or interpreter

Division 2—Ballot-papers

19Form of ballot-paper

20Validity of ballot-paper

Division 3—Assistance for voters

21Disadvantaged voters signing declarations

Part 4—Candidates

Division 1—Candidates and scrutineers

22Notice of candidature

23Notice of withdrawal of candidature

24Appointment of scrutineer

25Declaration by scrutineer

Division 2—How-to-vote cards

26Application of Division

27Submission of how-to-vote card to returning officer

28Details to be included in how-to-vote card submission

29Registration or refusal of registration of how-to-vote card

30Review of returning officer's decision

31Provision of how-to-vote cards

Division 3—Candidate statements

32Application and interpretation of Division

33Candidate statements a prescribed document

34Lodgement of candidate statements

35Form of a candidate statement

36Rejection and amendment of candidate statements

37Candidates indication of preferences

38Candidate information on the Internet

39Publication of candidate information

40Disclaimer on candidate statements

Part 5—Voting in attendance elections

Division 1—General provisions for attendance elections

41Application of Part

42Public notice of voting arrangements

43Voter notice

Division 2—Pre-poll postal voting

44Application for pre-poll postal vote

45Consideration of application for pre-poll postal vote

46Issue of pre-poll postal ballot-papers

47General postal voters

48Record of issue of pre-poll postal ballot-papers

49Voter to complete pre-poll postal ballot material

Division 3—Voting centres

50Appointment of voting centres

51Hours of voting

52Use of licensed premises as voting centre

53Use of a school as voting centre

54Adjournment of voting

55Temporary suspension of voting

56Scrutineers at voting centres

57Person who can remain in a voting centre

Division 4—Voting at voting centres

58Closing and sealing of ballot-boxes

59Declaration ballot-boxes

60How-to-vote cards at a mobile voting centre

61Entitlement to vote at voting centres

62Questions to be asked of a voter

63Voter to receive ballot-paper

64Method of voting

65Spoilt ballot-paper

Division 5—Declaration voting at a voting centre

66Unidentified voter

67Declaration of voter identity

68Unenrolled voter

69Declaration of voter entitlement

70Person who appears to have previously voted

71Declaration that person has not previously voted

72Voter previously issued with a pre-poll postal vote

73Declaration that a pre-poll postal voter has not voted

74Declaration vote

Division 6—Procedure at close of voting

75Procedure at voting centre that is not a counting place

76Procedure at a voting centre that is a designated counting place

Part 6—Voting in postal elections

Division 1—General provisions for postal elections

77Application of Part

78Notice of election

79Change to the last day of voting

80Scrutineers

Division 2—Issue of postal ballot materials

81Issue of postal ballot envelopes

82Ballot-papers

83Declaration envelopes

84Voter not to receive postal vote

85Amendment of voters' roll

86Early Postal Vote

87Request to redirect postal ballot envelope

88Request by an unenrolled voter

89Request for replacement voting materials

Division 3—Return of postal ballot materials

90Return of declaration envelopes and ballot-papers

91Receipt of declaration envelopes and ballot-papers

92Procedure after the close of voting

Part 7—Counting of votes

Division 1—General counting provisions

93Place at which votes to be counted

94Scrutineers at a counting place

95Adjournment of count

Division 2—Preparation for counting in an attendance election

96Application of Division

97Acceptance of pre-poll declaration envelopes

98Acceptance of declaration votes

99Opening ballot-boxes and envelopes

100Transfers between counting places

Division 3—Preparation for counting in a postal election

101Application of Division

102Unsigned declaration envelopes

103Postal ballot envelopes issued to unenrolled voters

104Replacement postal ballot envelopes

105Opening declaration envelopes for a postal election

Division 4—Manual counting of votes

106Procedure for manual counting of votes

107Records of a manual count to be made available

Division 5—Electronic counting of votes

108Electronic counting systems

109Validation procedures

110Procedures for electronic counting

111Records of a computer count to be made available

Division 6—Safe custody of election materials

112Record of electoral materials

113Packaging of election records

114Storage of election records

Part 8—Election donations

115Prescribed details

Part 9—Enforcement of compulsory voting

116Exemptions from compulsory voting

117Preparation of the list of non-voters

118Prosecution officer to deal with persons on the list of non-voters

119Fine for failure to vote—infringement penalty

Part 10—Municipal Electoral Tribunal

120Application for an inquiry into an election

121Fee

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 005

Local Government (Electoral) Regulations 2005

S.R. No. 98/2005

Version incorporating amendments as at

4 August 2015

Part 1—Preliminary

1Objective

The objective of these Regulations is to prescribe matters that relate to the conduct of local government elections.

2Authorising provisions

These Regulations are made under section 243 of the Local Government Act 1989 and section 29 of the City of Melbourne Act 2001.

3Revocation

The Local Government (Elections) Regulations 1995[1] are revoked.

4Definitions

(1)In these Regulations—

ACNhas the same meaning as in the Corporations Act;

attendance election means an election conducted in accordance with Part 5;

candidate information means candidate statements, photographs and indications of preferences;

candidate statement means the statement lodged by a candidate under regulation 34;

counting place means a place designated by a returning officer under regulation 93;

declaration ballot-box means a box provided at a voting centre in accordance with regulation 59 for the receipt of pre-poll postal votes and declaration votes;

declaration vote means a vote cast in accordance with regulation 74;

disadvantaged voter means a disadvantaged voter within the meaning of clause 2 of Schedule 3 to the Act;

early postal vote means an early postal vote issued in a postal election in accordance with regulation 86;

election official for an election, means the returning officer for the election or an authorised person who has made a declaration under clause 2 of Schedule 2 to the Act that is in accordance with regulation 18;

general postal voter has the same meaning as in the Electoral Act 2002;

indication of preferences means a document containing an indication of a candidate's preferred order of voting;

last day of voting in a postal election means the day when voting closes under section 41A(3) of the Act;

postal ballot envelope means an envelope issued to a voter under regulation 81;

postal ballot receptacle means a ballot-box or any other container that is used at a postal election for the receipt or safekeeping of returned declaration envelopes containing ballot-papers;

postal election means an election conducted in accordance with Part 6;

pre-poll postal vote means a postal vote cast by a voter in an attendance election in accordance with Division 2 of Part 5;

silent voter means—

(a)a voter whose address is not shown on a voters' roll; or

(b)an elector whose address is not shown on the relevant Roll under the Commonwealth Electoral Act 1918; or

(c)a silent elector within the meaning of the Electoral Act 2002;

the Act means the Local Government Act 1989;

voting centre means a place appointed by the returning officer under regulation 50 as a place where voters may vote in person for an attendance election.

(2)In Division 1 of Part 2—

(a)a reference to the "corporation details" of a corporation means the following—

(i)the corporation's name;

(ii)the ACN of the corporation;

(iii)the registered address of the corporation;

(iv)the name and position of the person authorised under section 16 of the Act to make the request on behalf of the corporation;

(b)a reference to the "personal details" of a person means the following—

(i)the person's name;

(ii)the person's date of birth;

(iii)the person's residential address;

(iv)the person's postal address.

Part 2—Voters' rolls

Division 1—Enrolment of voters

5Request to vary owner enrolment

(1)For the purposes of section 13(5) of the Act, the following details are required—

(a)the name of the relevant Council;

(b)the address of the relevant rateable property;

(c)the names of all owners of the rateable property;

(d)the name of each owner to be removed from the voters' roll;

(e)the personal details of each owner requested to be included on the voters' roll;

(f)a declaration signed and dated by each owner applying to be enrolled that he or she is an owner of the rateable property and that he or she is not otherwise entitled to be enrolled as a resident or property owner in the municipal district;

(g)the signed and dated authorisation of at least one joint owner of the property who is not one of the two owners who will be enrolled for the property.

(2)If a request to vary the enrolled owners under section 13(5) of the Act is a request to enrol a representative of a corporation, the details required under regulation 10 must be provided in addition to the details in subregulation (1).

(3)For the purposes of section 13(6) of the Act, the following details are required—

(a)the name of the relevant Council;

(b)the personal details of the person mentioned in section 13(6) of the Act;

(c)the address of the rateable property for which the person is currently enrolled;

(d)the address of the rateable property for which the person is requesting to be enrolled;

(e)a declaration signed and dated by the person to be enrolled that he or she is—

(i)an owner of the rateable property for which he or she is requesting to be enrolled; and

(ii)not entitled to be enrolled to vote in the municipal district as a resident.

6Enrolment application from property owner

(1)An application under section 14(1) or 14(4) of the Act must be in writing and include the following details—

(a)the name of the relevant Council;

(b)the address of the relevant rateable property;

(c)the personal details of the person making the application;

(d)a declaration signed and dated by the person that he or she is—

(i)an owner of the rateable property for which he or she is requesting to be enrolled; and

(ii)not otherwise entitled to be enrolled to vote in the municipal district as a resident or owner of rateable property.

(2)In addition to the details required under subregulation (1), if the property is jointly owned, an application under section 14(1) of the Act must include the names of all other joint owners.

7Enrolment application from property occupier

An application under section 15(1) or 15(8) of the Act must be in writing and include the following details—

(a)the name of the relevant Council;

(b)the address of the relevant rateable property;

(c)the personal details of the occupier making the application;

(d)the name of the property owner;

(e)a declaration signed and dated by the person that he or she is—

(i)an occupier of the rateable property; and

(ii)liable to pay the rates for that property; and

(iii)not entitled to be enrolled to vote in the municipal district as the owner of rateable property in the district or as a resident.

8Resignation of occupier enrolment

An application under section 15(10) of the Act must be in writing and include the following details—

(a)the name of the relevant Council;

(b)the address of the relevant rateable property;

(c)the personal details of the occupier making the application;

(d)a declaration that the person wishes to resign their enrolment as an occupier of the rateable property.

9Withdrawal of owner consent

An application under section 15(11) of the Act must be in writing and include the following details—

(a)the name of the relevant Council;

(b)the address of the relevant rateable property;

(c)the name and residential address of each owner making the application;

(d)a declaration by each owner making the application, that the consent for the occupiers to be enrolled to vote for the rateable property is withdrawn.

10Appointment of corporation representative

For the purposes of section 11(6)(b) of the Act, an application under section 16(2) or 16(5) of the Act must include the following details—

(a)the name of the relevant Council;

(b)the address of the relevant rateable property;

(c)the personal details of the person to be appointed;

(d)a declaration signed and dated by the person being appointed that he or she—

(i)consents to the appointment;

(ii)is not otherwise entitled to be enrolled on the voters' roll for the municipality;

(e)the corporation details of the corporation making the application;

(f)a signed and dated declaration by a person authorised to sign on behalf of the corporation that—

(i)he or she is authorised to make the application on behalf of the corporation;

(ii)the corporation is an owner or occupier of the rateable property (as the case may be);

(iii)the person named on the application as the prospective appointee is a company secretary or a director of the corporation (as the case may be) and is to be appointed to be the voting representative of the corporation.

11Resignation of corporation representative

A notice under section 16(10)(a)(iii) of the Act must be in writing and include the following details—

(a)the name of the relevant council;

(b)the name and residential address of the person resigning his or her appointment;

(c)the corporation details of the corporation that the person represented;

(d)a declaration signed and dated by the person that he or she resigns the appointment.

12Revocation of corporation appointment

A notice under section 16(10)(b) of the Act must be in writing and include the following details—

(a)the name of the relevant Council;

(b)the corporation details of the corporation seeking to revoke the appointment;

(c)the name of the person whose appointment is to be revoked;

(d)a signed and dated written authorisation for the person authorised to make the application on behalf the corporation.

Division 2—Silent voters

13Silent voter request

For the purposes of section 20(1) of the Act, the form set out in the Schedule is prescribed.

14Silent voter record

(1)The Chief Executive Officer must maintain a record of silent voters whose requests under section 20(1) of the Act are granted.

(2)A person may only be removed from the record of silent voters after the entitlement day and only if—

(a)the person is no longer entitled to be enrolled as a ratepayer on the voters' roll; or

(b)the person has requested in writing that he or she no longer be listed as a silent voter.

15Silent voter's details to be kept secure

(1)The Chief Executive Officer must ensure that only people authorised by him or her have access to the address of a silent voter or to the information contained in a request made under section 20(1) of the Act.

(2)A Registrar or returning officer must ensure that only people authorised by him or her have access to the address of a silent voter.

16Silent voter not required to provide address

A silent voter is not required to provide the address for which the voter is enrolled on any application or declaration under Part 5 or 6.

Division 3—Form of voters' rolls

17Exhibition roll and voters' roll

(1)An exhibition roll prepared under section 23 of the Act and a voters' roll prepared under section 24(2) of the Act must include the following details—

(a)the name of the Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the year of the roll;

(d)the surname and other name or names of each voter;

(e)except in the case of a silent voter—

(i)the address in respect of which a voter is entitled to be enrolled on the roll; and

(ii)if a voter has a different postal address, that postal address.

(2)In addition to the details listed in subregulation (1), the exhibition roll must identify those persons whose enrolment on the voters' roll prepared under section 24(2) of the Act is subject to a renewal application under section 14(4), 15(8) or 16(5) of the Act.

(3)The exhibition roll and the voters' roll must not include—

(a)the address of a silent voter; or

(b)the date of birth of a voter.

Part 3—General election matters

Division 1—Authorised persons

18Declaration by returning officer, authorised person or interpreter

For the purposes of clause 2 of Schedule 2 to the Act, a declaration by a returning officer, authorised person or interpreter must be in writing and—

(a)contain the following details—

(i)the name of the relevant Council;

(ii)the full name and residential address of the person making the declaration;

(b)include a statement by the person making the declaration that he or she—

(i)undertakes to be a returning officer, authorised person or interpreter (as the case may be) at the election;

(ii)will properly perform the duties and functions of a returning officer, authorised person or an interpreter and is aware of the offences under the Act that relate to these persons;

(iii)will not disclose any fact coming into his or her knowledge at the election that, by virtue of any provisions of the Act or regulations made under the Act, must not be disclosed;

(c)be signed and dated in the presence of a witness.

Division 2—Ballot-papers

19Form of ballot-paper

For the purposes of clause 14(1) of Schedule 2 to the Act, a ballot-paper must include the following details—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the name of each candidate and a box opposite each name;

(d)instructions to the voter on how to mark the voter's ballot-paper, being instructions in the form of words or a statement to the following effect—

"Number the boxes from 1 to [2, 3, 4, 5.... as the case may be] in the order of your choice.  Number every box to make your vote count.".

20Validity of ballot-paper

(1)A ballot-paper is taken to be valid and must be counted in an election if it is—

(a)issued by an election official in accordance with these Regulations; and

(b)completed in accordance with this regulation; and

(c)lodged in accordance with these Regulations.

(2)A voter must mark the voter's vote on the ballot-paper by placing—

(a)the number 1 opposite the name of the candidate for whom the voter votes as first preference; and

(b)contingent votes for all the remaining candidates by placing numbers 2, 3, 4 (and so on as the case requires) opposite their names so as to indicate by an unbroken numerical sequence the order of preference.

(3)If there are only 2 candidates, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the number 1 opposite the name of only one candidate to indicate the voter's first preference.

(4)If there are more than 2 candidates, the requirements of subregulation (2) are sufficiently complied with in the case of any ballot-paper marked with the numbers 1, 2, 3, 4 (and so on as the case requires) opposite the names of all the candidates on the ballot-paper except one.

(5)Despite subregulation (2) a ballot-paper is not invalid by reason only that any or all of the figures have not been placed in the squares.

Division 3—Assistance for voters

21Disadvantaged voters signing declarations

(1)If a disadvantaged voter is requested or required to sign a declaration in accordance with Part 5 or 6, the declaration may be signed by a person authorised by the disadvantaged voter.

(2)A person signing a declaration under this regulation for a disadvantaged voter must clearly write his or her name and the words "authorised signatory" beneath his or her signature.

Part 4—Candidates

Division 1—Candidates and scrutineers

22Notice of candidature

(1)For the purposes of clause 5(1)(a) of Schedule 2 to the Act, a nomination form must contain the following details—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the full name of the candidate;

(d)the address in respect of which the candidate is enrolled on the voters' roll or, if the candidate is not enrolled on the voters' roll, the entitlement address provided in the statutory declaration given under clause 6(3A) of Schedule 2 to the Act;

(e)if different from the address mentioned in paragraph (d), the candidate's residential and postal addresses;

(f)details of how the candidate may be contacted on short notice during business hours and during non-business hours, which may include—

(i)telephone numbers; or

(ii)facsimile numbers; or

(iii)email addresses;

(g)the form in which the candidate's name is to appear on the ballot-paper;

(h)the date the nomination form is completed by the candidate.

(2)For the purposes of clause 5(1)(c) of Schedule 2 to the Act, a declaration by a candidate must be signed and dated and contain statements by the candidate that—

(a)in the case of a candidate for the office of Councillor, he or she is applying to be a candidate for the office of Councillor for [the ‑‑‑ Ward of the ‑‑‑ Council] at the election and the year of the election; and

(ab)in the case of a candidate for the office of Mayor of the Greater Geelong City Council, he or she is applying to be a candidate for the office of Mayor at the election and the year of the election; and

(b)he or she is qualified to be a candidate under the Act; and

(c)he or she is aware that it is an offence under the Act for a person who is not qualified to be a candidate and is not capable of being a Councillor to submit a nomination form.

23Notice of withdrawal of candidature

(1)For the purposes of clause 7(2) of Schedule 2 to the Act, the following details are required—

(a)the name of the relevant council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the full name of the withdrawing candidate.

(2)A notice of withdrawal of candidature must be signed and dated by the withdrawing candidate.

24Appointment of scrutineer

For the purposes of clause 15(2A) of Schedule 2 to the Act, the following details are required—

(a)the name of the Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the full name and the signature of the candidate appointing the scrutineer;

(d)the full name and residential address of the person being appointed as the scrutineer.

25Declaration by scrutineer

(1)For the purposes of clause 15(4) of Schedule 2 to the Act, the following details are required—

(a)the name of the Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the name of the candidate who appointed the scrutineer;

(d)the full name and residential address of the person being appointed as the scrutineer.

(2)A declaration by a scrutineer under clause 15(4) of Schedule 2 to the Act must be signed and dated by the scrutineer in the presence of an election official and state that—

(a)he or she undertakes to be a scrutineer for the candidate;

(b)he or she will not disclose any fact coming to his or her knowledge which he or she is required not to disclose under the Act and the Regulations made under the Act; and

(c)he or she is not a person who cannot be appointed as a scrutineer under the Act and the Regulations.

Division 2—How-to-vote cards

26Application of Division

This Division applies to attendance elections.

27Submission of how-to-vote card to returning officer

(1)A person may submit a how-to-vote card to the returning officer for registration at any time within the period that—

(a)starts on the first working day after the close of nominations; and

(b)ends at noon on the 6th working day before election day.

(2)A how-to-vote card must be submitted for registration—

(a)at the place where nominations are received under clause 3(2) of Schedule 2 to the Act; or

(b)if the returning officer has advised candidates that how-to-vote cards will be received at another place, at that other place.

(3)The returning officer may provide such assistance to the person as the returning officer considers appropriate before the submission of a how-to-vote card to the returning officer for registration.

28Details to be included in how-to-vote card submission

(1)A how-to-vote card submitted for registration must include—

(a)the name and address of the person who authorised the how-to-vote card; and

(b)an endorsement in the following form—

"Registered by the returning officer for [insert name of Council and, if applicable, the name of the ward]".

(2)If a how-to-vote card contains a section in a language other than English, the person submitting the card for registration must submit with the card—

(a)an accurate translation into English of the section; and

(b)a declaration that the translation is accurate.

(3)A person submitting a how-to-vote card to the returning officer must submit with the card a written declaration containing the following—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the full name and residential address of the person submitting the how-to-vote card for registration;

(d)if the how-to-vote card is submitted on behalf of another person, organisation or group—

(i)the full name of the other person, organisation or group; and

(ii)the capacity in which the person is submitting the how-to-vote card; and

(iii)a statement that the person is authorised to submit the how-to-vote card on behalf of the other person, organisation or group;

(e)a statement that—

(i)the details contained in the submission are correct; and

(ii)the person is aware that it is an offence for a person to knowingly make a false statement in the declaration.

(4)A declaration under subregulation (3) must be witnessed by an election official.

*                *                *                *                *

29Registration or refusal of registration of how-to-vote card

(1)Before noon on the next working day after receiving a how-to-vote card under regulation 27, the returning officer must—

(a)register the how-to-vote card; or

(b)refuse to register the how-to-vote card—

and give the person who submitted the card for registration notice of the decision and the reasons for the decision.

(2)In deciding whether to register or to refuse to register a how-to-vote card, the returning officer must have regard to whether the card—

(a)clearly identifies the person, organisation or group on whose behalf the card is to be distributed;

(b)indicates the order of voting preference for all candidates listed on the card or contains a statement that a number must be placed against the name of each candidate;

(c)contains the details required by regulation 28(1);

(d)is accompanied by the information required by regulations 28(2) and 28(3).

(3)The returning officer must refuse to register a how-to-vote card if the returning officer is satisfied that the card—

(a)is likely to mislead or deceive a voter in casting his or her vote; or

(b)is likely to induce a voter to mark his or her vote otherwise than in accordance with the directions on the ballot-paper; or

(c)contains offensive or obscene material.

30Review of returning officer's decision

(1)Any person may apply to VCAT for review of a returning officer's decision under regulation 29.

(2)An application under subregulation (1) must be made no later than whichever of the following occurs first—

(a)noon on the second working day after the day on which the returning officer gives notice under regulation 29(1); or

(b)noon on the fourth working day before the election day.

31Provision of how-to-vote cards

(1)As soon as practicable after registering a how-to-vote card or receiving a copy of a registered how‑to-vote card, the returning officer must—

(a)make a copy of the card available for inspection at the returning officer's office; and

(b)on an Internet site maintained by or on behalf of the returning officer that is not the Internet site of the Council, publish, in relation to each how-to-vote card registered under regulation 29—

(i)the name of the person who submitted the how-to-vote card for registration; and

(ii)if the how-to-vote card was submitted on behalf of another person, organisation or group, the name of that person, organisation or group.

(2)If a how-to-vote card is registered under regulation 29, the person who submitted the card for registration must immediately provide the returning officer with 3 additional how-to-vote cards.

Division 3—Candidate statements

32Application and interpretation of Division

(1)This Division applies to postal elections.

(2)In this Division—

(a)a reference to "another candidate" includes a reference to a particular candidate or class of candidate by name or description;

(b)a reference to a "Council" does not include a reference to a particular candidate or class of candidate by name or description.

33Candidate statements a prescribed document

For the purposes of section 41A(2)(b)(vi) of the Act, a candidate statement is a prescribed document.

34Lodgement of candidate statements

(1)A candidate may lodge a candidate statement for inclusion in the postal ballot envelope.

(2)A candidate statement must be lodged with the returning officer no later than 12 noon on the day following the close of nominations.

(3)A candidate statement must be lodged—

(a)at the place that nominations were received under clause 3(2) of Schedule 2 to the Act; or

(b)if the returning officer has advised candidates that candidate statements will be received at another place, at that other place.

(4)A candidate statement must be accompanied by a signed and dated declaration by the candidate which states—

"I declare that my candidate statement is true and correct, that it does not contain any false or defamatory statements or matter that may mislead or deceive a voter in the casting of his or her vote and that I am aware I may be liable to prosecution if my candidate statement contains false or defamatory statements or matter that may mislead or deceive a voter in the casting of his or her vote".

(5)A candidate statement may only be lodged in person by the candidate or by a person authorised in writing by the candidate.

(6)If a candidate statement is lodged by a person authorised by the candidate, the signed and dated authorisation must be lodged together with the candidate statement.

35Form of a candidate statement

(1)A candidate statement may only include—

(a)a written statement of no more than 150 words; and

(b)a recent passport-size photograph of the candidate.

(2)A candidate statement must not include either of the following—

(a)a reference to another candidate standing for an election in the municipal district without the written consent of that other candidate;

(b)unless subregulation (3) applies, a claim of endorsement or support from a party, organisation or person.

(3)A candidate statement may include a claim of endorsement or support from a party, organisation or person if, at the time of lodging the statement under regulation 34, the candidate lodged with the statement a document containing the written consent of the party, organisation or person to include the claim of endorsement or support on the candidate statement.

(4)A candidate must—

(a)write his or her name on the back of any photograph of the candidate provided for the purposes of this regulation; or

(b)if the photograph is provided in electronic format, include his or her name in the electronic file name.

(5)The returning officer may specify formatting limitations that will apply to the publication of candidate statements and may alter the format of submitted statements to comply with those limitations.

36Rejection and amendment of candidate statements

(1)The returning officer must reject a candidate statement if—

(a)in the opinion of the returning officer, the statement contains any of the following—

(i)material that is offensive or obscene;

(ii)material that is likely to mislead or deceive a voter in the casting of the voter's vote;

(iii)a reference to another candidate that has been included without the written consent of that candidate;

(iv)a claim of endorsement or support from a party, organisation or person that has not been supported by the evidence referred to in regulation 35(3);

(b)the declaration required under regulation 34(4) is absent or not in the form set out in that regulation.

(2)If the returning officer rejects a candidate statement under subregulation (1), the returning officer must notify the candidate no later than 12 noon on the second day following the close of nominations—

(a)that the candidate statement has been rejected and the reasons for the rejection; and

(b)as to which section or sections of the candidate statement would need to be amended for the candidate statement to be accepted; and

(c)that the candidate may amend the section or sections of the candidate statement and resubmit the statement.

(3)For the purposes of subregulation (2), it is sufficient for the returning officer to notify the candidate in accordance with the contact details provided by the candidate in their nomination form as required under regulation 22(1)(f).

(4)A candidate whose candidate statement is rejected by the returning officer may, no later than 12 noon on the third day after the close of nominations, resubmit his or her candidate statement to the returning officer at the place referred to in regulation 34(3).

(5)A candidate who resubmits his or her candidate statement may only amend the section, or sections, of the statement that need to be amended for it to be accepted.

(6)If the returning officer believes that a candidate statement may be in breach of an Act or regulation, other than in regard to a matter specified in subregulation (1), the returning officer may advise the candidate and allow the candidate to amend the relevant section of the candidate statement up until 12 noon on the third day following the close of nominations.

37Candidates indication of preferences

(1)A candidate may lodge an indication of preferences.

(2)An indication of preferences must be in the form of a ballot paper and must be lodged—

(a)in person by the candidate or by a person authorised in writing by the candidate;

(b)at the same place that candidate statements must be lodged;

(c)no later than 12 noon on the third day after the close of nominations.

(3)An indication of preferences must—

(a)identify each candidate and the order in which they appear on the ballot-paper;

(b)place once only the figures 1, 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the candidates so as to indicate the candidate's preference for them.

(4)The returning officer must reject an indication of preferences that does not comply with this regulation.

38Candidate information on the Internet

As soon as practicable after a candidate's candidate information is accepted by the returning officer, the returning officer must ensure that it is published on a web site maintained by or on behalf of the returning officer that is not the web site of the Council.

39Publication of candidate information

(1)This regulation applies to the publication of candidate information by the returning officer in printed form or on the internet.

(2)The returning officer must not publish a candidate statement—

(a)that has been rejected under regulation 36; or

(b)that has been resubmitted under regulation 36 but still fails to satisfy the conditions set out in regulation 36(1).

(3)The returning officer must only publish the first 150 words of a candidate statement.

(4)The returning officer must not publish an indication of preferences if the indication has been rejected by the returning officer under these Regulations.

(5)If a candidate has not lodged his or her candidate information, or any part of his or her candidate information, that may be published under these Regulations, the returning officer must publish a notice that the candidate has not provided the candidate's candidate information.

(6)A notice under subregulation (5) must be published in place of the relevant candidate information of the candidate to whom the notice relates.

(7)Candidate information or notices under subregulation (5) must be set out in the order in which the candidates appear on the ballot paper and clearly name the relevant candidate in each case.

40Disclaimer on candidate statements

On any printed or internet page where the returning officer publishes candidate statements the returning officer must ensure that a notice is prominently displayed which states—

"Information in candidate statements is provided by the candidates.  Any enquiries about a candidate statement should be directed to the relevant candidate.  Candidate statements are not verified or endorsed by the returning officer".

Part 5—Voting in attendance elections

Division 1—General provisions for attendance elections

41Application of Part

This Part applies if a Council does not decide that all voting at an election is to be by means of postal voting.

42Public notice of voting arrangements

(1)At the same time as notice of the election is given under clause 3 of Schedule 2 to the Act, the returning officer—

(a)must give public notice of how a voter may apply to vote by pre-poll postal voting; and

(b)may give public notice of the locations of voting centres and times of voting.

(2)At least 5 days before election day, the returning officer—

(a)must give public notice of times and locations of voting centres where voters may vote on election day;

(b)must specify which voting centres have suitable access for people with a physical disability;

(c)may include any other information that the returning officer considers necessary to assist voting.

(3)Public notice under subregulation (2) may be given at the same time as the notice of the election or the extraordinary vacancy is given under clause 10(7) of Schedule 2 to the Act.

43Voter notice

(1)No later than 15 days before the election day, the returning officer must ensure that a voter notice is posted or delivered to every person enrolled on the voters' roll who has not been issued with a pre‑poll postal vote under regulation 46 or 47.

(2)A voter notice must include the following details—

(a)the times and places where the voter may vote on election day;

(b)the times and places where the voter may vote at an early voting centre;

(c)how the voter may apply for a pre-poll postal vote;

(d)any other information that the returning officer considers necessary to assist voting.

Division 2—Pre-poll postal voting

44Application for pre-poll postal vote

(1)A person who is entitled to vote at an election may make an application to the returning officer for a pre-poll postal vote enabling him or her to vote under this Division on or before election day.

(2)An application under subregulation (1) must contain the following details—

(a)the name of the relevant Council;

(b)the address in respect of which the applicant is enrolled on the voters' roll;

(c)the full name of the voter making the application;

(d)the postal address of the voter;

(e)the voter's date of birth;

(f)a contact telephone number for the voter;

(g)a declaration signed and dated by the voter making the application that the voter—

(i)is entitled to vote in the forthcoming election; and

(ii)has not voted at the election.

(3)An application under subregulation (1) cannot be made until 9.00 a.m. on the day after the last date for the lodging of nominations and must reach the returning officer not later than noon on the Thursday preceding election day.

(4)A written application for a pre-poll postal vote may be sent by post or fax.

(5)The returning officer must ensure that a record is kept of all applications received under subregulation (1).

45Consideration of application for pre-poll postal vote

(1)An election official must grant an application made under regulation 44 if he or she is satisfied that—

(a)the applicant is, or is entitled to be, on a voters' roll to be used at the election specified in the application; and

(b)the applicant is not prohibited from voting.

(2)If the election official is not the returning officer and is not satisfied that all or any of the requirements specified in subregulation (1) have been met, he or she must refer the application to the returning officer.

(3)If the returning officer is not satisfied that all or any of the requirements specified in subregulation (1) have been met, he or she must refuse the application and immediately post or deliver to the applicant a notice containing the following—

(a)advice that the application has been refused and the reason for its refusal;

(b)if the reason for the refusal relates to a technical defect in the application that is capable of being rectified, advice that the voter may complete and return a fresh application for a pre-poll postal vote within the time allowed;

(c)if the applicant is entitled to a fresh application under paragraph (b), advice that a ballot-paper cannot be admitted to the count unless it is received by the returning officer before the close of voting on election day or delivered to a voting centre within the municipal district during the hours of voting on election day;

(d)if there is insufficient time to submit a fresh application under paragraph (b), advice that the voter will have to vote in person at a voting centre.

(4)An application under regulation 44 must not be rejected because it contains errors or omissions if, in the opinion of the returning officer, those errors or omissions are immaterial.

(5)The election official must endorse each application as being accepted or rejected.

(6)Until the declaration of the poll, a scrutineer may inspect applications made under regulation 44 in the presence of an election official—

(a)during office hours; or

(b)during the hours of voting on election day.

46Issue of pre-poll postal ballot-papers

(1)If an application for a pre-poll postal vote has been granted under regulation 45, the returning officer must ensure that the following materials are given to the applicant, or posted or delivered to the address shown on the application form—

(a)a ballot-paper;

(b)a pre-poll declaration envelope which includes the following—

(i)the name of the relevant Council;

(ii)the full name of the applicant;

(iii)the address in respect of which the applicant is enrolled;

(iv)provision for the applicant to sign and date a declaration that the applicant—

(A)is enrolled or entitled to be enrolled on the voters' roll for the election; and

(B)has not voted at the election;

(v)provision for the voter to include their date of birth;

(c)a reply paid envelope for the voter to return the declaration envelope;

(d)information designed to assist voters, including—

(i)instructions to number every box on the ballot-paper in order of choice and not to use any number more than once;

(ii)advice on how a disadvantaged voter may vote and make the declaration;

(iii)details of the procedures to be followed after the voter has marked the ballot-paper.

(2)An election official must initial each ballot-paper issued.

(3)The pre-poll declaration envelope must be opaque.

47General postal voters

(1)At least 15 days before the election day, the returning officer must ensure that the ballot-paper, pre-poll declaration envelope and other materials specified in regulation 46 are posted or delivered to each general postal voter.

(2)The returning officer may, after the voters' roll is certified, request the Victorian Electoral Commission to provide the returning officer with a list of persons who are on the voters' roll and are general postal voters.

(3)The Victorian Electoral Commission must provide a list of general postal voters to the returning officer within 3 working days of receiving a request under subregulation (2).

48Record of issue of pre-poll postal ballot-papers 

The returning officer must—

(a)ensure a record is kept of all ballot-papers printed and issued to applicants for the purposes of this Division;

(b)reconcile the number of ballot-papers printed with the number issued, spoilt, discarded, unused or unaccounted for.

49Voter to complete pre-poll postal ballot material

(1)A voter, or, in the case of a disadvantaged voter, a person nominated or authorised by the disadvantaged voter, must—

(a)mark the voter's ballot-paper in accordance with the instructions;

(b)insert the marked ballot-paper in the pre-poll declaration envelope provided and seal the envelope;

(c)personally sign the pre-poll declaration envelope with his or her usual signature and fill in the date in the places provided.

(2)A voter, or, in the case of a disadvantaged voter, a person nominated or authorised by the disadvantaged voter, must—

(a)post the voter's pre-poll declaration envelope containing the voter's ballot-paper to the returning officer at the address on the reply paid envelope so as to reach the returning officer before the close of voting; or

(b)place the voter's pre-poll declaration envelope in the declaration ballot-box at any voting centre for the election during the hours of voting at that voting centre.

Division 3—Voting centres

50Appointment of voting centres

(1)The returning officer must appoint as many voting centres as the returning officer considers necessary.

(2)The returning officer may designate appropriate voting centres as—

(a)early voting centres;

(b)mobile voting centres.

(3)The returning officer may specify the class of voter entitled to vote at a particular early voting centre or mobile voting centre.

(4)The returning officer may—

(a)appoint voting centres outside the ward or municipal district; or

(b)appoint additional voting centres on election day.

(5)The returning officer must, in exercising his or her powers under this Division, ensure that voters are provided with an accessible service that facilitates the opportunity to vote.

(6)Before election day, the returning officer must notify candidates of the times and locations of appointed voting centres.

51Hours of voting

(1)The returning officer must ensure that each election day voting centre is open for voting from 8.00 a.m. until 6.00 p.m. on election day.

(2)The returning officer may open any early voting centre to be used in an election from the day after the close of nominations until the day before election day.

(3)The returning officer must ensure that at least one early voting centre where any voter may vote is open between 9.00 a.m. and 5.00 p.m. on each working day during the period mentioned in subregulation (2).

(4)The returning officer must ensure that any mobile voting centre used in an election—

(a)is open at the times and places appointed by the returning officer;

(b)is not open for voting while in transit between appointed locations.

(5)Unless regulation 54 applies, the returning officer must ensure that no voting centre remains open after 6.00 p.m. on election day.

(6)If, at the close of voting, a person is in a voting centre for the purpose of voting he or she is entitled to vote.

52Use of licensed premises as voting centre

(1)Subject to this regulation, no part of any licensed premises within the meaning of the Liquor Control Reform Act 1998 may be used as a voting centre.

(2)If the returning officer considers that there are exceptional circumstances which so require, the returning officer may, subject to any conditions, authorise the use of any premises which is, or of which any part is, a licensed premises within the meaning of the Liquor Control Reform Act 1998 as a voting centre.

(3)During the period that part of any premises is to be used as a voting centre under this regulation, that part of the premises must not be—

(a)used for the sale of liquor; or

(b)accessible from any other part of the premises which is being used for the sale of liquor.

53Use of a school as voting centre

(1)Unless it is required for classes, a State school may be appointed as a voting centre.

(2)If a State school is appointed as a voting centre, it is the duty of the person or body having control of the State school to make it available for use by the returning officer on election day.

(3)The cost of cleaning or repairing any damage after a State school has been used as a voting centre is to be met by the Council to which the election relates or, if the returning officer was appointed by an electoral commission, by the electoral commission.

(4)In this regulation State school has the same meaning as in the Education Act 1958.

54Adjournment of voting

(1)If from any cause voting does not open or the holding of an election is interrupted or obstructed at any election day voting centre, the returning officer must adjourn the holding of the election at the election day voting centre—

(a)for a period of not more than 7 days;

(b)if necessary, further adjourn the holding of the election until the interruption or obstruction has ceased but not exceeding 21 days from the election day.

(2)The returning officer must give public notice of an adjournment in the form and manner that the returning officer considers appropriate.

55Temporary suspension of voting

(1)Without limiting the generality of regulation 54, the returning officer may temporarily suspend voting at an election day voting centre for a period not exceeding 4 hours if the proper conduct of the election is interrupted or obstructed or if the returning officer considers that the temporary suspension of voting is necessary for the safety of voters.

(2)The returning officer must ensure that any person who attends the election day voting centre during the period of temporary suspension is provided with information to assist the person to vote including—

(a)the time at which the voting centre is expected to re-open;

(b)the location of other election day voting centres.

(3)If for any reason the election day voting centre cannot be re-opened for voting on election day, the returning officer must adjourn the holding of the election at the voting centre in accordance with regulation 54.

56Scrutineers at voting centres

(1)A candidate may appoint one scrutineer for each election official issuing ballot-papers at a voting centre for the ward or municipal district for which the candidate is seeking election.

(2)A scrutineer must not—

(a)interfere with or attempt to influence any voter within a voting centre;

(b)communicate with any person in a voting centre except so far as is necessary in the discharge of the functions of the scrutineer; or

(c)handle any ballot-papers.

(3)A scrutineer must not be prevented from entering or leaving a voting centre except in accordance with the Act and these Regulations.

(4)A scrutineer must wear a badge at a voting centre that—

(a)is supplied by an election official; and

(b)identifies the scrutineer as a scrutineer.

(5)A scrutineer may be removed from a voting centre by a member of the police force if the scrutineer—

(a)is in the counting place in contravention of the Act or these Regulations; or

(b)obstructs or hinders an election official in the performance of any of the official's duties at the voting centre; or

(c)fails to obey the lawful directions of an election official.

57Person who can remain in a voting centre

(1)Only the following persons can remain in a voting centre—

(a)any person who is voting;

(b)any nominated or authorised person assisting a disadvantaged voter who is voting;

(c)an election official or interpreter;

(d)scrutineers appointed in accordance with clause 15 of Schedule 2 to the Act;

(e)any member of the police force necessary to keep the peace.

(2)The election official in charge of a voting centre may require any person not permitted to remain in the voting centre under subregulation (1) to leave the voting centre.

(3)Any member of the police force or any election official may remove any person not permitted to remain in a voting centre under subregulation (1).

Division 4—Voting at voting centres

58Closing and sealing of ballot-boxes

(1)Immediately before a voting centre is opened for voting, or whenever a ballot-box is to be used for the first time, the election official must in the presence of any scrutineers who may be present—

(a)exhibit the ballot-box for inspection and show that the ballot-box is empty; and

(b)after exhibiting the ballot-box in accordance with paragraph (a), close and securely fasten and seal the ballot-box ensuring that it is still empty.

(2)At any time when an early voting centre or a mobile voting centre is to be closed, an election official must, in the presence of any scrutineers who may be present, effectively seal the opening in each ballot-box.

(3)If the returning officer decides to reuse a ballot-box, the authorised person must in the presence of any scrutineers and other authorised persons who may be present unseal the opening in the ballot-box.

(4)A sealed ballot-box used at a voting centre must not be opened until after the close of voting.

59Declaration ballot-boxes

(1)The returning officer must ensure that at least one declaration ballot-box is provided at each voting centre during the hours in which the voting centre is open.

(2)Each declaration ballot-box must be secured and sealed by an election official in the presence of any scrutineers who may be present so as to prevent the declaration ballot-box from being opened without breaking the seal.

(3)An election official must ensure any pre-poll or declaration envelope received before the close of voting is deposited unopened in the declaration ballot-box.

(4)A declaration ballot-box may be opened before the close of voting at the voting centre by the election official in charge of the voting centre and in the presence of any scrutineers who may be present.

(5)If a declaration ballot-box is opened before the close of voting at a voting centre the election official must—

(a)remove the pre-poll and declaration envelopes and ensure each envelope remains unopened;

(b)sign and date a record of the envelopes removed from the box and allow any scrutineers to also sign the record;

(c)seal the unopened envelopes and the record in a parcel and deliver the parcel to the place designated by the returning officer for processing pre-poll and declaration votes;

(d)close and reseal the declaration ballot-box.

60How-to-vote cards at a mobile voting centre

If how-to-vote cards relating to an election are supplied to the returning officer for the election, each election official in charge of a mobile voting centre used in that election must—

(a)advise voters that how-to-vote cards have been supplied; and

(b)show voters how-to-vote cards if so requested.

61Entitlement to vote at voting centres

A person who is entitled to vote in the municipal district in which an election is being held may vote at—

(a)any election day voting centre established for voting in the election; or

(b)any early voting centre or mobile voting centre, subject to any limitations specified by the returning officer under regulation 50(3).

62Questions to be asked of a voter

(1)An election official must put the following questions to each person claiming an entitlement to vote at a voting centre before giving that person a ballot-paper—

(a)"What is your full name?";

(b)"What address are you enrolled for in this election?";

(c)"Have you voted in this election?".

(2)The election official must not ask the question specified in subregulation (1)(b) if the person is a silent voter.

(3)An election official must refuse to give a person a ballot-paper if the person—

(a)states that they have already voted in the election; or

(b)refuses to answer the questions asked under subregulation (1).

(4)The election official must not refuse to give a person a ballot-paper because of an apparent mistake in the voters' roll if, in the opinion of the election official, the voter is sufficiently identified.

63Voter to receive ballot-paper

If a person is entitled to vote, the election official must—

(a)give the person a ballot-paper that is initialled by the election official; and

(b)record a mark against the person's name on the voters' roll to show that the person has received a ballot-paper.

64Method of voting

(1)After receiving a ballot-paper, a voter must mark their ballot-paper in accordance with the instructions.

(2)Except as provided in clause 2 of Schedule 3 to the Act, the voter must mark the ballot-paper in private and secretly, using the facilities provided at the voting centre.

(3)Unless the voter is casting a declaration vote, the voter must deposit the marked ballot-paper in the ballot-box provided at the voting centre.

65Spoilt ballot-paper

(1)If a voter—

(a)has not deposited a ballot-paper in the ballot-box; and

(b)satisfies the election official he or she has spoilt the ballot-paper; and

(c)returns the spoilt ballot-paper to an election official—

the election official must issue another ballot-paper to the voter.

(2)The election official must—

(a)cancel the spoilt ballot-paper by writing on it "spoilt by voter"; and

(b)initial the spoilt ballot-paper; and

(c)retain the spoilt ballot-paper until the close of voting.

Division 5—Declaration voting at a voting centre

66Unidentified voter

(1)If an election official reasonably suspects that a person claiming an entitlement to vote is impersonating a voter, the election official may request the person to make a declaration in accordance with regulation 67.

(2)A person who complies with a request under subregulation (1) may make a declaration vote.

(3)A person who does not comply with a request under subregulation (1) is prohibited from voting at the election.

(4)If a scrutineer objects to the entitlement of a person to vote, the election official in charge of the voting centre must record the objection.

67Declaration of voter identity

(1)A declaration by an unidentified voter must include the following details—

(a)the name of the relevant Council;

(b)details of the identity of the voter, including the voter's—

(i)full name;

(ii)date of birth;

(iii)entitlement address;

(iv)residential address (if different from the entitlement address);

(c)a statement that the voter is the person whose details are shown on the declaration.

(2)The voter must sign and date the declaration in the presence of an election official.

68Unenrolled voter

(1)This regulation applies if a person—

(a)claims to be entitled to vote at an election; and

(b)the name of that person is not on, or cannot be found on, the relevant voters' roll.

(2)The election official in charge of the relevant voting centre must request the person claiming to be entitled to vote to complete a declaration under regulation 69.

(3)A person who complies with a request under subregulation (2) may make a declaration vote.

(4)The election official must not issue a ballot-paper to any person who is not enrolled on the voters' roll and who has not made a declaration under regulation 69.

69Declaration of voter entitlement

(1)A declaration by a person who claims to be an unenrolled voter must include the following details—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)details of the voter, including his or her—

(i)full name;

(ii)date of birth;

(iii)entitlement address;

(iv)residential address (if different from the entitlement address);

(v)former name, if previously enrolled under a different name;

(d)the address in respect of which the person claims to be entitled to be enrolled on the voters' roll and the basis on which the person claims to be entitled to be enrolled for that address;

(e)a statement that—

(i)the person has not voted at the election;

(ii)the information provided in the declaration is true and correct.

(2)The declaration must be signed and dated in the presence of an election official by the person making the declaration.

70Person who appears to have previously voted

(1)This regulation applies if a person—

(a)is recorded as having received a ballot-paper; and

(b)claims to be entitled to vote and not to have received a ballot-paper.

(2)The election official in charge of the relevant voting centre must request the person to complete a declaration under regulation 71.

(3)A person who complies with a request under subregulation (2) may make a declaration vote.

(4)The election official must not issue a ballot-paper to a person to whom subregulation (1) applies unless the person makes a declaration in accordance with regulation 71.

71Declaration that person has not previously voted

(1)A declaration that a person has not voted must include the following details—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)details of the person, including his or her—

(i)full name;

(ii)date of birth;

(iii)entitlement address;

(iv)residential address (if different from the entitlement address);

(d)a statement that the person has not voted at the election.

(2)The person must sign and date the declaration in the presence of an election official.

72Voter previously issued with a pre-poll postal vote

(1)This regulation applies to a person at a voting centre who—

(a)is known to have been issued with a pre-poll postal vote; and

(b)claims not to have already voted.

(2)If the person returns the pre-poll ballot-paper and the declaration envelope the election official must cancel the ballot-paper and allow the person to vote at the voting centre.

(3)If the person claims to have destroyed or mislaid their pre-poll postal ballot-paper, or if the person claims not to have received their pre-poll postal ballot-paper, the election official must request the person to make a declaration in accordance with regulation 73.

(4)A person who complies with a request under subregulation (3) may make a declaration vote.

(5)The election official must not issue a ballot-paper to a person to whom subregulation (1) applies unless the person returns their pre-poll postal ballot-paper or makes a declaration in accordance with regulation 73.

73Declaration that a pre-poll postal voter has not voted

(1)A declaration by a person that was issued with a pre-poll postal vote that the person has not voted must include the following details—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)details of the person, including his or her—

(i)full name;

(ii)date of birth;

(iii)entitlement address;

(iv)residential address (if different from the entitlement address);

(d)a statement that the person has mislaid, destroyed or not received their pre-poll postal ballot-paper;

(e)a statement that the person has not voted at the election.

(2)The declaration must be signed and dated in the presence of an election official by the person making the declaration.

74Declaration vote

(1)This regulation applies if a person is entitled to a declaration vote under regulation 66, 68, 70 or 72.

(2)The election official must initial a ballot-paper and give it to the person.

(3)After the person has marked their ballot-paper in accordance with the instructions the person must, in the presence of an election official—

(a)insert the ballot-paper in an envelope provided by the election official;

(b)seal the envelope;

(c)return the sealed envelop to the election official.

(4)The election official must in the presence of the person making the declaration vote and any scrutineers who may be present—

(a)mark the envelope with the name of the person;

(b)attach the signed declaration to the envelope;

(c)place the envelope in the declaration ballot-box.

Division 6—Procedure at close of voting

75Procedure at voting centre that is not a counting place

(1)This regulation applies to a voting centre that is—

(a)an early voting centre; or

(b)a mobile voting centre; or

(c)an election day voting centre that is not a designated counting place.

(2)After the close of voting at the voting centre the election official in charge of the voting centre must ensure the declaration ballot-box is closed and delivered unopened to the counting place designated by the returning officer.

(3)After the close of voting at the voting centre the election official in charge of the voting centre must seal and transfer each ballot-box, unopened, to the counting place designated by the returning officer.

(4)As soon as practicable after the close of voting the election official in charge of the voting centre must—

(a)make up into separate parcels the copies of the voters' rolls, the spoilt ballot-papers, the unused ballot-papers and any other records used in the voting centre; and

(b)forward the parcels to the returning officer.

(5)All procedures in this regulation must be undertaken in the presence of any scrutineers who may be present.

76Procedure at a voting centre that is a designated counting place

(1)This regulation applies to an election day voting centre that is a designated counting place.

(2)After the close of voting, the election official in charge of the voting centre must—

(a)open each declaration ballot-box forwarded to or used at the centre;

(b)remove the pre-poll and declaration envelopes and ensure each envelope remains unopened;

(c)sign and date a record of the envelopes removed from the box and allow any scrutineers who may be present to also sign the record;

(d)seal the unopened envelopes and the record in a parcel and deliver the parcel to the place designated by the returning officer for the processing of pre-poll and declaration votes.

(3)The election official in charge of the voting centre must open each ballot-box that is not a declaration ballot-box and remove all ballot-papers from each box.

(4)At the conclusion of counting at the voting centre the election official in charge of the voting centre must—

(a)prepare and sign a record of counting undertaken at the voting centre;

(b)make a copy of the signed record available to any scrutineer at the counting place or, if copying facilities are unavailable, allow scrutineers to sign the record;

(c)place all ballot-papers and records used in the count in parcels, write a description of the contents on the outside of each parcel and seal each parcel;

(d)deliver the sealed parcels to the returning officer.

(5)As soon as practicable after the close of voting the election official in charge of the voting centre must make up into separate parcels and send to the returning officer the copies of the voters' rolls, the spoilt ballot-papers and the unused ballot-papers.

(6)All procedures in this regulation must be undertaken in the presence of any scrutineers who may be present.

Part 6—Voting in postal elections

Division 1—General provisions for postal elections

77Application of Part

This Part applies where a Council decides that all voting at an election is to be by means of postal voting.

78Notice of election

In addition to the requirements specified in clause 3(2) of Schedule 2 to the Act, public notice of an election must—

(a)indicate the week in which postal ballot envelopes are likely to be posted or delivered to voters;

(b)specify the date and time that voting closes in accordance with section 41A(3) of the Act;

(c)describe how a voter may request an early postal vote;

(d)describe how a voter may apply for the redirection of their postal ballot envelope and the last day when a redirection request may be lodged.

79Change to the last day of voting

(1)If special circumstances exist, the returning officer may alter the last day of voting by fixing a different later day.

(2)If the returning officer alters the last day of voting, he or she must—

(a)immediately give public notice of the new last day of voting; and

(b)if postal ballot envelopes have not yet been issued, indicate in the notice the week in which they are likely to be issued.

(3)For the purposes of subregulation (1), special circumstances include—

(a)an unforeseen delay in the printing of election materials or in the processing of candidate statements; or

(b)a postal strike or any disruption to the postal service—

which would in the opinion of the returning officer necessitate altering the last day of voting.

80Scrutineers

(1)A scrutineer may be appointed by a candidate to scrutinise only the following electoral activities prior to the counting of votes—

(a)the posting of postal ballot envelopes;

(b)the opening and emptying of a Post Office Box;

(c)the opening and emptying of a postal ballot receptacle;

(d)the receipt and processing of declaration envelopes.

(2)In respect of each candidate, only one scrutineer for each election official involved in any of the electoral activities specified in subregulation (1) can be present at each electoral activity at any one time.

(3)An election official may have a scrutineer removed if—

(a)the scrutineer's presence is contrary to subregulation (2); or

(b)the scrutineer commits any breach of the Act or these Regulations; or

(c)the scrutineer obstructs or hinders an election official who is performing any of the electoral activities mentioned in subregulation (1); or

(d)the scrutineer fails to obey a lawful direction from an election official.

Division 2—Issue of postal ballot materials

81Issue of postal ballot envelopes

(1)At least 15 days before the last day of voting, the returning officer must ensure that a postal ballot envelope is posted or delivered to each person whose name appears on the voters' roll.

(2)Postal ballot envelopes may not be posted or delivered to more than 35% of voters on any one day.

(3)For the purpose of subregulation (2), the postal ballot envelopes to be sent or delivered on any one day must be selected on a random basis.

(4)In addition to the electoral materials specified in section 41A(2) of the Act, the returning officer must ensure that each postal ballot envelope contains—

(a)the declaration envelope mentioned in regulation 83;

(b)the candidate statements for the ward or municipal district in which the voter is entitled to vote;

(c)the candidates indications of preferences for the ward or municipal district in which the voter is enrolled to vote.

(5)The returning officer is responsible for the safe custody of postal ballot envelopes and all documents and materials contained in the postal ballot envelopes until they are issued under this regulation.

(6)The returning officer must keep a record of all postal ballot envelopes issued.

82Ballot-papers

Subject to regulation 86(5), the returning officer must ensure that ballot-papers are made of marked security paper.

83Declaration envelopes

(1)The returning officer must ensure that each postal voting envelope contains a sealable declaration envelope in which voters may place their marked ballot-papers.

(2)The returning officer must ensure that the declaration envelopes are opaque.

(3)The returning officer must ensure that a declaration envelope has a declaration flap, which is capable of being removed by an election official without opening the declaration envelope and which includes—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the name and entitlement address of the voter;

(d)the postal address of the voter (if different from the entitlement address);

(e)the declaration to be signed by the voter;

(f)a place for the voter to sign and date the declaration;

(g)any other information that the returning officer considers necessary to assist voting.

(4)The declaration under subregulation (3)(e) must be in the following form or to the following effect—

"I am the voter named on this envelope.  I have enclosed my completed ballot-paper in this envelope.  I have not already voted in this Council election".

84Voter not to receive postal vote

(1)This regulation applies if the returning officer receives notice that an enrolled voter has died or is no longer entitled to be enrolled as a voter by virtue of section 48(2)(d) of the Constitution Act 1975.

(2)If the returning officer receives a notice under subregulation (1) before a postal ballot envelope is posted or delivered to the voter, the returning officer must take all reasonable steps to ensure that a postal ballot envelope is not posted or delivered to the voter.

the election official must disallow all the ballot-papers from that declaration envelope and mark them in a manner that indicates why they have been disallowed.

Division 4—Manual counting of votes

106Procedure for manual counting of votes 

The returning officer must as soon as practicable after opening the ballot-boxes or declaration envelopes—

(a)set aside informal ballot-papers;

(b)determine the number of first preference votes received by each candidate;

(c)undertake the counting of votes in accordance with Schedule 3 to the Act.

107Records of a manual count to be made available

(1)After all votes have been distributed to candidates in accordance with voters' first preferences, the returning officer must ensure a record of the distribution of first preference votes is prepared and made available to scrutineers present at the count.

(2)After the conclusion of the count, the returning officer must prepare a final record of the complete count showing the distribution of votes to candidates in accordance with voters' preferences at each stage of the count and make copies of the record available to scrutineers present at the count at a time that will, in the opinion of the returning officer, allow the scrutineers a reasonable time to examine the record before the declaration of the poll.

(3)The returning officer may prepare additional records of the count at other stages of the count and make them available to scrutineers.

(4)The returning officer must provide a copy of the final record of the count to any candidate if requested to do so by the candidate.

(5)The returning officer may publish a record of the count or make the record available to any person.

Division 5—Electronic counting of votes

108Electronic counting systems

Electronic counting systems used by the returning officer to count votes under clause 5A of Schedule 3 to the Act must—

(a)comply with the counting procedures set out in Schedules 3 and 3A to the Act;

(b)comply with the rules for determining the validity of a marked ballot-paper;

(c)allow the electronic record of the preferences from any ballot-paper to be verified by comparison to the ballot-paper after being recorded.

109Validation procedures

(1)The returning officer must ensure that the method of electronically recording preferences from ballot-papers involves suitable validation procedures.

(2)The returning officer must document the validation procedures and make copies of the documentation available to scrutineers before the commencement of the count.

(3)If the validation procedures include the double entry of preferences, the returning officer may determine that a recount is to comprise a single entry where each entry is validated against the equivalent earlier entry.

110Procedures for electronic counting

(1)If votes are counted using electronic counting equipment, the returning officer may determine that a reference in Schedule 3 to the Act to the physical arrangement or movement of ballot-papers is not applicable if the equivalent process is performed electronically.

(2)The returning officer may decide to separate invalid ballot-papers prior to the process of electronically recording preferences and not to make an electronic record of invalid ballot-papers.

(3)The returning officer must ensure that the electronic recording of the preferences on ballot-papers is only done by an election official and in the presence of any scrutineers at the counting centre who wish to observe the process.

(4)Before calculating the result, the returning officer must reconcile the electronic record of ballot-papers with the total number of ballot-papers received.

111Records of a computer count to be made available

(1)At stages of the count determined by the returning officer, the returning officer must ensure that records are prepared showing the progressive distribution of first preference votes to candidates and that copies are available to any scrutineers present at the count.

(2)After the conclusion of the count, the returning officer must prepare a final record of the count, recording the complete distribution of votes to candidates in accordance with voters' preferences.

(3)The returning officer must ensure that copies of the final record of the count are made available to scrutineers at a time that will, in the opinion of the returning officer, allow the scrutineers a reasonable time to examine the record before the declaration of the poll.

(4)The returning officer must provide a copy of the final record of the count to any candidate on request.

(5)The returning officer may publish a record of the count or make the record available to any person.

Division 6—Safe custody of election materials

112Record of electoral materials

(1)The returning officer must keep a record of—

(a)the number of ballot-papers printed, issued and received;

(b)the number of declaration envelopes issued and received.

(2)The returning officer must reconcile the number of ballot-papers printed with the number of ballot-papers issued, spoilt, left unused or not returned by voters.

(3)The returning officer must certify the record kept under subregulations (1) and (2) as being true and correct.

(4)For the purposes of this regulation—

(a)each election official in charge of a voting centre must give the returning officer a receipt specifying the total number of ballot-papers that he or she has received;

(b)each election official in charge of a voting centre is personally responsible for—

(i)the safe custody of the ballot-papers until they are issued or otherwise dealt with by the election official;

(ii)the return of the used ballot-papers to the returning officer.

113Packaging of election records

(1)As soon as practicable after the completion of the count of votes the returning officer must enclose, secure and seal each of the following in one or more separate packets—

(a)the parcels of used ballot-papers;

(b)the parcels of unused ballot-papers;

(c)the parcels of spoilt ballot-papers;

(d)the parcels of disallowed ballot-papers;

(e)declaration envelopes that contain disallowed ballot-papers;

(f)all copies of voters' rolls;

(g)all applications and declarations made under these Regulations;

(h)all mail returned to the returning officer undelivered;

(i)all other documents that contain records of the conduct of the election.

(2)As soon as practicable after the completion of the count of votes, the returning officer must enclose, secure and seal in one or more separate packets, if used in the election—

(a)at least 2 electronic copies of any records of preferences used for electronic counting of votes;

(b)at least one copy of any electronic record of the conduct of the election that is not packaged under subregulation (1) in the form of a hard copy.

(3)The returning officer must write on each packet referred to in subregulation (1) or (2)—

(a)a description of the contents;

(b)the name of the relevant Council;

(c)if the relevant municipal district is divided into wards, the name of the relevant ward;

(d)the date of the election—

and sign each packet.

(4)Before packaging mail that was returned to the returning officer undelivered, the returning officer may allow a record of the undelivered mail to be made for the purpose of maintaining voters' rolls.

114Storage of election records

(1)The returning officer must deliver the packets of election records, prepared under regulation 113, to the Chief Executive Officer or to the person authorised by the Chief Executive Officer to keep the records on his or her behalf.

(2)The Chief Executive Officer must ensure that the packets of election records are kept safely and secretly for 4 years.

*                *                *                *                *

(4)If the packets are required to be opened under any Act or regulations, the Chief Executive Officer must secure and reseal any opened packet and further deal with it in accordance with this regulation.

(5)The Chief Executive Officer may, by agreement with an electoral commission, delegate his or her responsibilities under this regulation to the electoral commission.

Part 8—Election donations

115Prescribed details

(1)An election campaign donation return under section 62 of the Act must be in writing and must include the following details—

(a)the name of the relevant Council;

(b)if the relevant municipal district is divided into wards, the name of the relevant ward;

(c)the full name and address of the candidate;

(d)a declaration signed and dated by the candidate which attests that—

(i)the campaign donation return includes a complete record of all gifts required to be disclosed;

(ii)that the details provided in the campaign donation return are a true and accurate record.

(2)The election campaign donation return must include the following details in respect of each gift required to be disclosed—

(a)the full name and address of each person making the gift or gifts to the candidate;

(b)the date each gift was given to the candidate;

(c)in respect of each gift in the form of money—

(i)the exact value of the gift;

(ii)the form in which the gift was given;

(d)in respect of each gift in the form of goods or services—

(i)a description of the gift;

(ii)the estimated market value of the gift.

Part 9—Enforcement of compulsory voting

116Exemptions from compulsory voting

(1)For the purposes of section 40 of the Act, it is not compulsory for a person to vote if the prosecution officer is satisfied that the person had a sufficient excuse for not voting.

(2)Without limiting the generality of subregulation (1), any of the following is a sufficient excuse for not voting—

(a)the voter was ill, disabled or infirm and for that reason was unable to vote at the election or could have voted only with difficulty;

(b)the voter was at the time of the election of or over the age of 70 years;

(c)the voter was absent from Victoria on election day or, in the case of an election by postal voting, the voter was absent during the 15 days before the last day of voting;

(d)except in the case of a postal election, the voter—

(i)was issued with a ballot-paper for the purpose of voting; or

(ii)made an application for a pre-poll postal vote under regulation 44 but did not receive a ballot-paper;

(e)in the case of a postal election, the voter—

(i)returned a declaration envelope within 7 days after the last day of voting;

(ii)made a request to have the postal ballot envelope redirected under regulation 87 but did not receive a postal ballot envelope;

(iii)was entitled to receive replacement voting material under regulation 89 but did not receive the replacement voting material;

(iv)returned a declaration envelope that was disallowed under regulation 85;

(f)the voter did not vote at the election for religious reasons.

117Preparation of the list of non-voters

(1)As soon as is practicable after an election, the returning officer must prepare a list of the names of the persons required to vote at the election who did not vote.

(2)For the purposes of preparing the list, the returning officer may open any sealed packets containing the record or records kept of persons who have returned a declaration envelope but after examining those records must return them to the parcels from which they were taken and secure and otherwise deal with those parcels and packages in accordance with Division 6 of Part 7.

(3)The list may be in the form of a copy of the voters' roll that has been appropriately marked by the returning officer.

(4)The returning officer must certify the list and forward it to the prosecution officer.

118Prosecution officer to deal with persons on the list of non-voters

(1)The prosecution officer must, within 6 months after election day, send by post to each person whose name appears on the list of non-voters prepared under regulation 117 a notice containing the following—

(a)advice that he or she must provide a reason for not voting which must be in writing and signed by the voter;

(b)the time allowed for providing the reason which must not be less than 21 days;

(c)advice of the action which can then be taken if the person does not provide a sufficient reason.

(2)The notice must be sent to the last known address of the voter.

(3)If within the time allowed by the notice sent under subregulation (1) the prosecution officer receives from the person his or her reason for not voting and the explanation offered is considered by the prosecution officer to be a sufficient reason no further action is to be taken.

(4)If a person is unable by reason of absence from his or her residence or illness, disability or infirmity, to meet the requirements of a notice given under this regulation within the time allowed, any other person over the age of 18 years who has personal knowledge of the facts may do so on his or her behalf.

(5)The prosecution officer must keep a record of—

(a)all persons who have provided a sufficient excuse for not voting;

(b)all persons who have not provided a sufficient excuse for not voting;

(c)all persons who did not respond to a notice sent under subregulation (1).

(6)A person must not provide a false excuse for not voting.

Penalty:10 penalty units.

119Fine for failure to vote—infringement penalty

The penalty prescribed for the purpose of section 40 of the Act is 50% of the penalty specified in section 40(1A) of the Act.

Part 10—Municipal Electoral Tribunal

120Application for an inquiry into an election

An application under section 45 of the Act must be addressed to the Principal Registrar of the Magistrates' Court of Victoria and include the following details—

(a)the name of the Council where the election was held and the name of the ward (if applicable);

(b)if the applicant is a candidate, the full name and address of the candidate;

(c)if 10 voters who dispute the validity of the election are making the application, the full name and address of each voter;

(d)the home and business telephone numbers of the candidate, or in the case of an application by 10 voters, the home and business telephone numbers of a contact person for the purposes of the application;

(e)the signature of the candidate or the signatures of the 10 voters and the date on which the candidate or the voters signed the application;

(f)the grounds on which the inquiry into the conduct or validity of the election is sought.

121Fee

(1)For the purposes of section 45 of the Act, the prescribed fee is 20 fee units.

(2)The fee may be refunded in whole or in part at the discretion of the Tribunal.

*                *                *                *                *

Schedule

Regulation 13

SILENT VOTER REQUEST FORM

Local Government Act 1989

Section 20

A person must use this form to lodge a request with the Chief Executive Officer that the person's address not be shown on any voters' roll.

General Details

Name of Relevant Council:

Address of rateable property for which you are enrolled to vote:

Details of person making request:

Surname:

Given names:

Date of birth:

Address for correspondence:

Particulars of the risk to yourself or your family:

I request that my address not be shown on the voters' roll for the above named Council.

Having my residential address shown on a voters' roll would place the personal safety of myself or members of my family at risk for the reasons described on this form and as declared on the statutory declaration accompanying this form.

Signature of voter:

Date:

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Local Government (Electoral) Regulations 2005, S.R. No. 98/2005 were made on 9 August 2005 by the Governor in Council under section 243 of the Local Government Act 1989, No. 11/1989 and section 29 of the City of Melbourne Act 2001, No. 5/2001 and came into operation on 9 August 2005.

The Local Government (Electoral) Regulations 2005 will sunset on 8 August 2016: see the Subordinate Legislation (Local Government (Electoral) Regulations 2005) Extension Regulations 2015, S.R. No. 92/2015.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Local Government (Electoral) Regulations 2005 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Local Government (Electoral) Amendment Regulations 2012, S.R. No. 40/2012

Date of Making:	5.6.12
Date of Commencement:	5.6.12

Local Government (Electoral) Further Amendment Regulations 2012,
S.R. No. 100/2012

Date of Making:	18.9.12
Date of Commencement:	18.9.12

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 3: S.R. No. 164/1995.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2015 is $13.60. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.