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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 1 November 2019 to date (accessed 19 November 2019 at 11:46)
Chapter 10 Part 6 Division 3
Division 3 Nominations and election
306   Nominations
(1)  A person who is not duly nominated is not eligible for election as a councillor, or for election by the electors of an area as mayor.
(2)  To be duly nominated for election as a councillor for an area, or for election as mayor of an area by the electors of an area, a person must be enrolled as an elector for the area, and must be qualified to hold that civic office, at the closing date for the election.
(3)  A person may not be nominated for election as a councillor for more than one ward.
(4)  A nomination is to be proposed to and made by the returning officer as prescribed by the regulations and may be withdrawn by the nominee as prescribed by the regulations.
(5)  A nomination is to be rejected if the returning officer has not been paid the deposit prescribed by the regulations for the nomination or (if none is prescribed) a deposit of 50 per cent of the deposit required to be deposited for the nomination of a candidate for election to the Legislative Assembly.
(5A)  However, if a group that comprises more than 5 candidates—
(a)  proposes the nomination of all members of the group, and pays the deposit for the nomination of all members of the group, at the same time, and
(b)  has lodged a claim under section 308A(2),
the amount of the deposit for each candidate included in the group is 5 times the deposit for one candidate divided by the number of candidates in that group.
(6)  If a returning officer rejects a proposed nomination and the nominated person applies in writing for an explanation of the rejection, the returning officer must provide the nominated person with a written explanation within 7 days.
(7)  A deposit may be refunded in accordance with the regulations.
307   Nomination where name omitted from roll
Despite section 306, a person whose nomination for election to a civic office would, but for this section, be rejected on the ground only that he or she is not enrolled as an elector for the area may be nominated if—
(a)  the name of the person has been omitted from the roll of electors mistakenly or accidentally, and
(b)  but for that omission the nomination would not have been rejected.
308   Candidate information sheets
(1)  A nomination of a candidate for election to a civic office is to be accompanied by a candidate information sheet in the form of a statutory declaration made by the candidate.
(2)  The regulations may make provision for the matters that are to be included in, or that may or may not be included in, a candidate information sheet. The regulations may not prohibit the inclusion in a candidate information sheet of matter relating to a candidate’s policies.
(3)  The returning officer is to make each candidate information sheet available for public inspection at any reasonable time during office hours at the office of the returning officer and at any other place determined by the returning officer.
(4)  An electoral official at each polling place is to ensure that a copy of each candidate information sheet is displayed at the polling place.
308A   Grouping of candidates
(1)  This section applies to an election in which there are 2 or more councillors to be elected.
(2)  Two or more candidates duly proposed for nomination for election may, before noon on the nomination day prescribed by the regulations, claim to have their names included in a group on the ballot-papers and in the order specified in the claim. The claim is to be lodged with the returning officer.
(3)  A claim under subsection (2) may also include a request for a group voting square for the group to appear on the ballot-papers to be used in the election concerned, but only if—
(a)  in the case of an area not divided into wards—the number of candidates in the group on the nomination day prescribed by the regulations is at least half the number of candidates to be elected, or
(b)  in the case of an area divided into wards—there are at least as many candidates in the group on the nomination day prescribed by the regulations as there are candidates to be elected.
(4)  A group voting square is to be printed on the ballot-papers above the names of the candidates in each group that has duly requested a group voting square under subsection (3), but only if more than one group has duly requested a group voting square.
(5)  An application under Part 7 for the name of a political party to be printed adjacent to the name of a candidate on the ballot-papers may include a further request for that name or a composite name to be printed on the ballot-papers adjacent to the candidates’ group voting square.
308B   Group voting—recording of votes
(1)  This section applies if a ballot-paper has group voting squares.
(2)  Instead of marking the separate voting squares for the candidates, the voter may record a vote—
(a)  by placing the number “1” in any one of the group voting squares, and
(b)  (if he or she wishes) by placing consecutive numbers (beginning with the number “2”) in any other of those group voting squares, in the order of his or her preference for the various groups of candidates.
(3)  The number “1” appearing in a group voting square for a group indicates—
(a)  that the voter’s first preference vote is for the first candidate in the group, and
(b)  that the voter’s subsequent preference votes are for the other candidates in the group in the order in which their names appear on the ballot-paper.
(4)  Subsequent numbers appearing in group voting squares for other groups indicate that the voter’s preferences (subsequent to those referred to in subsection (3)) are for the candidates in those groups—
(a)  in the order in which those groups are numbered by the voter, and
(b)  within each group, in the order in which the names of the candidates in that group appear on the ballot-paper.
308C   Group voting—marking of ballot-papers
(1)  If a voter records a vote on a ballot-paper by placing a mark in a group voting square but also indicates preferences for individual candidates, the following provisions apply—
(a)  if the indication of preferences for individual candidates would, if it stood alone, constitute a formal vote, that indication of preferences is taken to be the vote of the voter and the mark in the group voting square is to be disregarded,
(b)  if the indication of preferences for individual candidates would not, if it stood alone, constitute a formal vote, it is to be disregarded and the vote of the voter is to be taken to have been expressed by the mark in the group voting square.
(2)  A ballot-paper is not informal by reason only that the voter has recorded a vote by placing a cross or a tick in a group voting square and not placing any mark or writing in any other group voting square, but the ballot-paper is to be treated as if the cross or tick were the number “1”.
(3)  A ballot-paper is not informal by reason only that the voter has recorded a vote by placing the number “1” or a tick in a group voting square and placing a cross in (or a line through) all or some of the other group voting squares on the ballot-paper, but the ballot-paper is to be treated as if the marks in those other squares did not appear on the ballot-paper and any such tick were the number “1”.
(4)  A ballot-paper on which the voter has recorded a vote by placing in one group voting square the number “1” is not informal by reason only that—
(a)  the same preference (other than the first preference) is recorded on the ballot-paper for more than one group, but in that event the ballot-paper is to be treated as if those and any subsequent preferences had not been recorded, or
(b)  there is a break in the order of preferences for groups, but in that event the ballot-paper is to be treated as if any preference after the break had not been recorded, or
(c)  fewer preferences are recorded than there are candidates to be elected.
(5)  The ballot-papers for an election are not informal by reason only that they contain the name of a candidate whom a court has declared to be incapable of being elected at that election, but a preference for such a candidate (whether individually or as a member of a group) is to be disregarded, and (if necessary) subsequent preferences are to be renumbered accordingly.
Note.
 The regulations make further provision regarding the formality of ballot-papers.
308D   Group voting—regulations
The regulations may make provision for or with respect to the grouping of candidates, group voting squares and the matter to be printed on ballot-papers.
309   Contested elections
(1)  If the number of candidates nominated for election as councillors for a ward or an area is greater than the number required to be elected for the ward or area, the election is to be a contested election.
(2)  If there are two or more candidates for election by the electors of an area as mayor of the area, there is to be a contested election for the office.
(3)  If a candidate who is nominated for election to a civic office in respect of a ward or area dies before the day when the poll at a contested election closes, the election fails in respect of that civic office for the ward or area.
310   Conduct of contested elections
A contested election for a civic office is to be conducted as prescribed by the regulations.
310A   Postal votes
At any election, any postal vote must be accepted for further scrutiny if—
(a)  the postal vote is received by the returning officer before 6 pm on the first business day immediately following the close of the poll, and
(b)  the returning officer is satisfied that the voter has indicated, in accordance with the regulations, that the postal vote was completed before the close of the poll.
310B   Elections may be conducted exclusively by postal voting
(1)  This section applies to—
(a)  the City of Sydney local government area, and
(b)  any other local government area prescribed by the regulations for the purposes of this section.
(2)  A council may by a resolution made at least 18 months before the next ordinary election of councillors determine that voting at that election is to be conducted—
(a)  by means of attendance and postal voting, or
(b)  exclusively by means of postal voting.
(3)  Voting at an ordinary election of councillors must be conducted by the same means, whether by means of attendance and postal voting or exclusively by means of postal voting, as the previous ordinary election of councillors was conducted unless the council has determined by a resolution that complies with subsection (2) to change the means of conducting the voting.
(4)  Voting at a by-election must be conducted by the same means, whether by means of attendance and postal voting or exclusively by means of postal voting, as the previous ordinary election of councillors was conducted unless the council determines by a resolution made not later than 14 days after the casual vacancy occurred to change the means of conducting the voting.
(5)  Voting at a constitutional referendum or council poll must be conducted by the same means, whether by means of attendance and postal voting or exclusively by means of postal voting, as the previous ordinary election of councillors was conducted unless the council determines by a resolution made at the same meeting that the council determined to hold the referendum or take the poll to change the means of conducting the voting.
(6)  An election, constitutional referendum or council poll to be conducted exclusively by means of postal voting is to be conducted in accordance with the regulations.
311   Uncontested elections
(1)  A candidate nominated for election as a councillor for a ward or area is, without a poll being held, taken to have been elected if the number of candidates nominated for election as councillors for the ward or area is no greater than the number of councillors required to be elected for the ward or area.
(2)  A candidate nominated for election by the electors of the area as the mayor of the area is, without a poll being held, taken to have been elected if he or she is the only nominee for election as the mayor.
(3)  A person holding civic office under this section without a poll being held is taken to have been elected—
(a)  on the day on which the poll would have been held, if the election were an ordinary election, or
(b)  on the day of nomination, if paragraph (a) does not apply.
(4)  If a candidate who is nominated for election to a civic office in respect of a ward or area dies before the day referred to in subsection (3), the election in respect of that civic office for that ward or area is taken to have failed and no candidate in that election can be taken to have been elected in respect of that civic office for that ward or area.