State District By-election Plan · The strategies in place for the conduct of a State District...

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Victorian Electoral Commission

State District By-election Plan

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The Victorian Electoral Commission’s challenge, vision and values are:

Our Challenge

To stimulate leading thinking and deliver excellence in all electoral

endeavours.

Our Vision

All Victorians actively participating in our democracy.

Our Values

● Independence: acting with impartiality and integrity

● Accountability: transparent reporting and effective stewardship of

resources

● Innovation: shaping our future through creativity and leadership

● Respect: consideration of self, others and the environment

● Collaboration: working as a team with partners and communities

© 2012

This publication is copyright

No part may be reproduced by any process, except in accordance with the Copyright Act, 1968.

Please address all enquiries to the Victorian Electoral Commission, Level 11, 530 Collins Street, Melbourne, Victoria.

Electoral Commissioner, Melbourne.

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CONTENTS BACKGROUND AND PURPOSE 1 1.1. VICTORIAN STATE DISTRICT BY-ELECTIONS.................................................................. 1 1.2. PURPOSE OF THIS DOCUMENT .................................................................................. 1

ELECTION TIMELINE 1

SERVICE PLAN 2 1.3. RESOURCE MANAGEMENT AND SUSTAINABILITY ........................................................... 2 1.4. ARRANGEMENTS WITH OTHER AGENCIES ..................................................................... 2

1.4.1. Victorian Government Solicitor’s Office ................................................................... 2 1.4.2. Victoria Police................................................................................................... 2 1.4.3. Victorian Civil and Administrative Tribunal .............................................................. 3 1.4.4. Supreme Court .................................................................................................. 3

1.5. ENROLMENT AND CLOSE OF ROLLS ............................................................................. 3 1.5.1. Overview .......................................................................................................... 3 1.5.2. Automatic enrolment.......................................................................................... 3 1.5.3. Enrolment eligibility checks ................................................................................. 3 1.5.4. Close of roll ...................................................................................................... 3 1.5.1. Household mail out file ...................................................................................... 4 1.5.2. Election roll products.......................................................................................... 4

1.6. ADVERTISING AND COMMUNICATION CAMPAIGN .......................................................... 4 1.6.1. Enrolment letter mail-out .................................................................................... 4 1.6.2. Newspaper advertising ........................................................................................ 4 1.6.3. Telephone enquiry service .................................................................................... 4 1.6.4. Multi-language telephone interpreting service .......................................................... 4 1.6.5. Website ........................................................................................................... 5 1.6.6. EasyVote letter .................................................................................................. 5 1.6.7. Community and local government agencies ............................................................. 6

1.7. ELECTION OFFICE AND STAFF ................................................................................... 6 1.7.1. Election Manager, Assistant Election Manager and staff ............................................. 6 1.7.2. Election office .................................................................................................. 6 1.7.3. Furniture and equipment ..................................................................................... 6 1.7.4. Election office IT infrastructure ............................................................................ 7 1.7.5. Computerised election management system (EMS) ................................................... 7 1.7.6. Office hours ..................................................................................................... 7

1.8. SUPPORT FOR ELECTION MANAGER ............................................................................ 7 1.8.1. Election Support Officer ...................................................................................... 7 1.8.2. Helpdesk .......................................................................................................... 7 1.8.3. Election Liaison Officers ...................................................................................... 8

1.9. REGISTERED POLITICAL PARTIES .............................................................................. 8 1.9.1. Briefing sessions ............................................................................................... 8

1.10. INDEPENDENT CANDIDATES ..................................................................................... 8 1.10.1. Information session ........................................................................................... 8

1.11. NOMINATIONS ...................................................................................................... 8 1.11.1. Draw for ballot paper position .............................................................................. 9 1.11.2. How-to-vote cards .............................................................................................. 9 1.11.3. Candidate enquiries ........................................................................................... 9 1.11.4. Electoral entitlements......................................................................................... 9 1.11.5. Refund of nomination deposits ............................................................................. 9

1.12. BALLOT MATERIAL AND ROLL PRODUCTS ..................................................................... 9 1.12.1. Ballot papers .................................................................................................... 9 1.12.2. Blank District ballot papers ................................................................................. 10 1.12.3. Ballot material artwork ...................................................................................... 10 1.12.4. Braille ballot papers .......................................................................................... 10

1.13. EARLY VOTING ..................................................................................................... 10 1.13.1. Postal voting ................................................................................................... 10 1.13.2. Central Processing Centre ................................................................................... 10 1.13.3. Early voting ..................................................................................................... 11

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1.13.1. Interstate and overseas voting ............................................................................ 11 1.13.2. Mobile voting................................................................................................... 11 1.13.3. Training for Early Voting Centre Managers (EVCMs) and mobile voting officers ............... 11 1.13.4. Armed services personnel serving overseas ............................................................. 11 1.13.5. Antarctic voters ................................................................................................ 11

1.14. VOTING CENTRES .................................................................................................. 12 1.14.1. Selection of voting centres ................................................................................. 12 1.14.2. Voting centre equipment .................................................................................... 12 1.14.3. Operation of voting centres ................................................................................ 12 1.14.4. Voting centre staff ............................................................................................ 12 1.14.5. Multi-language instructions ................................................................................ 12

1.15. VOTE COUNTING ................................................................................................... 13 1.15.1. Election day .................................................................................................... 13 1.15.2. Counting after election day – District recheck and preference distribution .................... 13 1.15.3. Counting after election day – District recount ......................................................... 13 1.15.4. Counting after election day – corrected two-candidate-preferred count ........................ 13 1.15.5. Counting after election day – two-party-preferred counts .......................................... 13 1.15.6. Provisional vote checking ................................................................................... 13 1.15.7. Availability of by-election results ......................................................................... 14 1.15.8. Declaration of the result .................................................................................... 14 1.15.9. Management of complaints ................................................................................. 14 1.15.10. Compulsory voting ............................................................................................ 14 1.15.1. Follow-up of multiple voting ............................................................................... 15 1.15.2. Return of the Writ ............................................................................................ 15 1.15.3. Informal ballot paper analysis ............................................................................. 15 1.15.4. Court of Disputed Returns ................................................................................... 15 1.15.5. Report to Parliament on the conduct of the State District by-election .......................... 16 1.15.6. Disposal of by-election material ........................................................................... 16

Appendix 1—State By-election Timeline 17

Appendix 2A—RPP Postal Voting Protocol – Part 1 18

Appendix 2B—RPP Postal Voting Protocol – Part 2 20

Appendix 3—Community Languages 22

Appendix 4—How-to-vote Card Protocol–Victorian State District By-elections 23

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BACKGROUND AND PURPOSE

1.1. Victorian State District By-elections

The Victorian Electoral Commission (VEC) is responsible for the conduct of all Victorian State

by-elections. VEC State District by-election operations are governed by four main pieces of

legislation:

Electoral Act 2002: establishes the VEC as an independent statutory authority, and sets

out the processes for State elections including the timeframe for the conduct of the election.

Constitution Act 1975: sets out who is entitled to enrol as an elector, who is entitled to

be elected to Parliament, and the size and term of Parliament.

Electoral Boundaries Commission Act 1982: governs the determination of State electoral

boundaries. Under this legislation the Victorian Electoral Commissioner is nominated as a member of the Electoral Boundaries Commission.

Infringements Act 2006: provides for stages two, three and four of compulsory voting enforcement.

All procedures and processes implemented by the VEC during a State District by-election take each piece of legislation into consideration and implement rules prescribed therein.

1.2. Purpose of this document

The purpose of this document is to establish the plan for the conduct of a State District by-election.

The document will set the road map for a District by-election and will include direction and strategies the VEC will implement for the by-election. This document is to be used to gain a

clear understanding of the projects and services to be implemented for the by-election.

The strategies in place for the conduct of a State District by-election are in line with the VEC

Corporate Plan, 2007 – 2012.

ELECTION TIMELINE The dates of a State District by-election are unknown and may be caused by the resignation or death of a District member of Parliament.

The trigger for a District by-election is the issue of the Writ that occurs at least 25 days before election day. The Writ is issued by the Speaker of the Legislative Assembly and sets out

the key dates for the by-election. The Writs for a by-election must be returned no later than 21 days after election day. Therefore the minimum timeframe for the conduct of a District by-

election is 46 days.

Given the lack of advance notice and the short timeframe for a District by-election it is

essential that the VEC is ‘election ready’. The lead-time for the management of a State election is estimated to be 12 – 16 months, with most major projects in place by the issue of

the Writs. Given the unknown date for a District by-election, the VEC must be well placed to conduct a by-election should one occur.

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SERVICE PLAN

1.3. Resource management and sustainability

The VEC is committed to managing resources in a way that minimises negative environmental impact across all operations. A number of initiatives introduced at the 2010 State election will

be implemented at the by-election and will address key strategies from the VEC’s Environmental Management System including:

alignment of the VEC operations with Government directions in environmental sustainability;

encouraging staff to become proactively involved in reducing greenhouse emissions;

engaging internal and external stakeholders in positive action; and

improving the VEC’s environmental performance by reducing environmental impacts and resource consumption that occur as a consequence of VEC operations.

The following initiatives will reduce the amount of paper used during the by-election.

Online training for election officials will reduce the need for the preparation and printing

of training materials. Refer section 1.14.4

Electronic roll mark-off – the direct roll mark-off capability for early and mobile voting will reduce the number of envelopes required for the by-election. Refer sections 1.13.3 and

1.14.2

Provision of voting compartments containing pre-printed language translations for electors on how to complete their ballot paper removes the need for pre-printed multi-

language information pamphlets. Refer section 1.7.3

Provision of recycling facilities at the election office and voting centres will result in a reduction of the amount of paper that would end up in landfill. Refer 1.7.3 and 1.14.2

Whilst the VEC will make every endeavour to comply with Action 16 of the Victorian State Government 2006 Sustainability Action Statement by way of effectively managing resources to

minimise environmental impact across all operations, there are items outside its control that play a large role in the conduct of a by-election.

Electors are, at times, bombarded with large amounts of election material distributed through mail-outs or by letter box drops from candidates. Additionally, the large number of how-to-

vote cards printed and distributed during early voting and on election day continues to be a concern to the VEC.

1.4. Arrangements with other agencies

1.4.1. Victorian Government Solicitor’s Office

The VEc will make preliminary arrangements with the Victorian Government Solicitor’s Office

(VGSO) to have a senior legal advisor on standby 24 hours a day during the election period to ensure that any matters are dealt with in a timely fashion.

1.4.2. Victoria Police

The VEC will Write to the Chief Commissioner of Police to request a discreet police presence at

all voting centres during the hours of voting on election day. The VEC will provide a full list of voting centres for the by-election to Victoria Police to assist with the request.

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1.4.3. Victorian Civil and Administrative Tribunal

The VEC will Write to the Chief Executive Officer of the Victorian Civil and Administrative

Tribunal to ensure arrangements are in place to deal with any applications for review of the Electoral Commissioner’s decision in relation to the registration of a how-to-vote card.

Section 82A of the Electoral Act 2002 provides that if an application for review of a how-to-vote card decision is received, the Tribunal has until 5.00pm on the next working day after

receiving the application to determine the application.

1.4.4. Supreme Court

The VEC will make arrangements with the Department of Justice to ensure any applications for an injunction received on Election day can be heard.

Under Section 176 of the Electoral Act 2002, candidates may seek injunctions in certain circumstances where the conduct of a person may impact on the outcome of an election. The

VEC is also able to seek an injunction under the same circumstances. These matters must be heard in the Supreme Court.

1.5. Enrolment and Close of Rolls

1.5.1. Overview

Under a joint roll arrangement, the State and the Commonwealth share the responsibility for

maintaining enrolment in Victoria. Both the VEC and the Australian Electoral Commission (AEC) have programs to assist people to enrol and update their enrolment details. Enrolment

applications are data-entered by the AEC and the VEC is provided with a transaction file to update the Victorian register of electors.

Transactions provided by the AEC are loaded into the VEC’s Roll Management System (RMS) where the data is validated for State purposes and State electorates are added. Roll products

for the election are extracted from RMS.

1.5.2. Automatic enrolment

The introduction of the Electoral Amendment (Electoral Participation) Act 2010 allows the VEC

to use information it has obtained to enrol electors on its own initiative. In the run-up to the

2010 State election, the VEC trialed the new legislation and automatically enrolled school students who had turned 18 and had not enrolled using data from the Victorian Curriculum and

Assessment Authority (VCAA).

The VEC is in the process of expanding its automatic enrolment program and is currently

modifying continuous roll update programs to automatically update addresses of electors that have moved. The trial VCAA program in the run-up to the 2010 State election proved a success

and will be run in the months of November and December in each non election year and before close of rolls in an election year when the data is at its most accurate.

People automatically enrolled will be “State only” electors, and the VEC will forward these electors’ details to the Australian Electoral Commission (AEC) so that the AEC can send them an

enrolment form for Commonwealth purposes.

1.5.3. Enrolment eligibility checks

Nominations open after 6.00pm on the day the Writ is issued. The VEC will check that

candidates are enrolled on the Victorian register of electors and that their nominators (where applicable) are enrolled within the electorate where the candidate is nominating.

1.5.4. Close of roll

The roll for the election closes at 8.00 pm seven (7) days after the issue of the Writ.

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The election office and AEC Divisional Offices that cover the District where the by-election is

occurring will remain open until 8.00pm on the evening of the close of rolls.

The VEC requires the close of roll transaction data from the AEC within 24 hours of the close of

roll and will arrange for the affected AEC Divisional Offices to ensure all applications received up until the close of roll are processed that night.

All electors who enrol or update their details in the week following the close of roll will receive a letter explaining that their form was received too late for inclusion on the printed election

roll, and explaining the appropriate action for each category of enrolment (new, updated, reinstated etc). Electors enrolling for the first time, or those whose enrolment was reinstated,

will be advised to attend a voting centre and complete an ‘Application for Enrolment/Provisional Vote’. Electors updating their enrolment will be advised that they should

vote as per their enrolment address at close of roll.

1.5.1. Household mail out file

A mail-out file containing the address of each household within the District will be generated

on the day the Writ is issued – see Enrolment letter mail-out below.

1.5.2. Election roll products

Generating roll products for the election will commence as soon as final update processing has been completed. Products will be extracted from RMS and made available to the appropriate

work teams within the VEC progressively from the Thursday following the close of rolls. Products include: Household mail-out file, Scannable Roll files, State Roll Lookup extract,

Reference Roll files, RPP Roll, Candidate Roll extract, and EasyVote letter mail-out file.

Candidates rolls will be emailed to candidates upon request on the Saturday following the close

of rolls.

1.6. Advertising and Communication Campaign

1.6.1. Enrolment letter mail-out

As soon as possible after the issue of the Writ (or as soon as details of the election are known), the VEC will send Written notification to each household within the District advising eligible

people not on the roll to enrol, and reminding those that have recently moved to update their enrolment details. The VEC aims to provide a minimum of three working days notice to

households of the date and time of the close of roll.

1.6.2. Newspaper advertising

A series of advertisements that meet the requirements set out in the Electoral Act 2002 will be published in local newspapers, as well as The Age and Herald Sun throughout the election

period.

Advertisements will include multi-lingual telephone enquiry service numbers that operate all

year round.

1.6.3. Telephone enquiry service

The telephone enquiry service for the by-election will operate from the VEC’s head office until

the election office opens. The election office will run this service for the remainder of the election supported by an overflow service at the VEC head office during peak periods.

1.6.4. Multi-language telephone interpreting service

A telephone interpreting and multi-language information service will operate throughout the

by-election period. Operated by the Victorian Interpreting & Translating Service (VITS),

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interpreting services are available in more than 100 languages. A minimum of twenty

dedicated telephone numbers are provided for the most widely spoken languages in Victoria (plus another for English). See Appendix 3.

However, if the District has a substantial proportion of non-English speakers, translated information will be provided in those languages specifically for the by-election. Options will

then link the caller with an interpreter if required.

1.6.5. Website

The VEC’s website will feature comprehensive information for the by-election, updated at each

phase of the election cycle. Information will be provided about:

enrolment;

nominating for the by-election;

early and postal voting;

details of how, when and where to vote on election day;

election results;

interstate/overseas elector information; and

how-to-vote cards.

Candidate information, nomination forms and postal vote applications will be made available for download. Election day voting centres and their accessibility will be listed with maps

showing the physical location of each voting centre accessible via links.

Results information will be published progressively as it becomes available and will include first

preference results, 2CP results, recheck results, preference distribution results, 2PP count results and the name of the elected member.

Information in languages other than English (including telephone numbers for interpreting

services) will also be accessible from the landing page of the VEC’s website.

The VEC will direct voters to the site by promoting the website address in all advertisements

and any supplementary promotional material produced.

1.6.5.1 [email protected]

The VEC will provide an email service [email protected] where electors can email any request

or query in regard to the by-election. Many electors (including the hearing-impaired and many who are overseas and are unable to call the VEC directly) prefer to use the VEC’s email contact

facility to receive a reply to their query in Writing. During weekdays election queries will be responded to within 24 hours of receipt.

1.6.5.2 Enrolment and recruitment helper

The enrolment and recruitment helper applications have been designed to be ‘web-friendly’ and

to provide the voter or prospextive election official with the ability to input data through clearly worded text boxes to complete an online pre-populated form to enrol or register interest

in working at the by-election. Where legislation requires it, these forms have to be printed by the user and posted or faxed to the VEC.

1.6.6. EasyVote letter

The VEC will mail an EasyVote letter to all electors on the roll at the close of roll (excluding

General Postal Voters). The letter will detail early voting, postal voting, overseas and interstate voting, and election day voting arrangements and will include the location and

accessibility of all voting centres.

mailto:[email protected]

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1.6.7. Community and local government agencies

The VEC works with community and local government agencies to ensure that all eligible

Victorians have the opportunity to enrol and exercise their democratic right to vote – regardless of their background, age or ability.

Once the by-election Writ is issued, the VEC Education team will send details of the by-election date, enrolment and voting options and translated information to Culturally and Linguistically

Diverse (CALD) local community groups, youth organizations, homelessness agencies and other community services in the by-election District.

1.7. Election Office and Staff

1.7.1. Election Manager, Assistant Election Manager and staff

The VEC has a pool of senior election officials (SEOs) to draw on for appointment as Election

Managers and Assistant Election Managers. The majority of SEOs have previous local government or Parliamentary election experience and all will have completed the VEC’s

comprehensive training program. The Election Manager will be appointed from this pool and will be assisted by up to two assistant Election Managers. Alternatively, the VEC may appoint

staff currently working at the VEC to undertake these roles.

The Election Manager will appoint and train an optimum number of staff to ensure the efficient

conduct of the by-election. This will include staff to work in the election office, in early voting centres and in election day voting centres.

During the by-election the VEC will work to facilitate the appointment of election officials from indigenous backgrounds, those with multi-language skills and those with disabilities.

1.7.2. Election office

For metropolitan by-elections, the election office will be located at the VEC office at Level 11,

530 Collins Street, Melbourne. For regional by-elections, an election office will, where possible be provided within the District. The VEC endeavours to provide an office in a convenient

position for both candidates and electors with appropriate access for disabled voters. The election office will be clearly identified with appropriate signage and will have appropriate

security.

When establishing the election office the VEC ensures it provides facilities for the Election

Manager to meet with candidates and/or their representatives, provide a counter service to members of the public, accommodate staff dealing with the public and for issuing declaration

votes, scrutiny and count of votes etc.

As the public face of the VEC, the following points are considered when selecting premises:

suitable access to the public, including access for elderly and disabled voters; and

proximity to public transport;

The election office will be open to the public from the day following the issue of the Writ.

1.7.3. Furniture and equipment

The VEC will provide all furniture and materials required by the election office. This will include a network of computers, printer, photocopier, fax, letter openers, ballot-paper counting

machines, cardboard furniture and other furniture. Additionally, the office will be resourced with all stationery and materials required during the conduct of the election. Recycling

facilities will also be made available during office operations.

During and at the completion of the election, arrangements will be made for the collection and

recycling of used paper and cardboard products from the election office.

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1.7.4. Election office IT infrastructure

IT infrastructure will be provided to the election office, this will vary depending on the

location of the office but will include:

PCs;

hand held scanners;

printers; and

projector.

Additional items provided for an office established away from the VEC HO include:

Server;

BDSL link (512 sync); and

Telstra NextG wireless connection (as backup).

1.7.5. Computerised election management system (EMS)

The computerised election management system (EMS) provided to the Election Manager contains details of the District and the roll of electors. Nominations, early and postal votes

and results are all entered directly into the computer application. This interfaces with systems at the VEC to produce the artwork for printing ballot papers, and other products required for

the election and information published directly to the VEC’s website.

1.7.6. Office hours

Election offices will open to the public from the day after the issue of the Writ and will close to the public at 6.00pm on election day.

The election office will operate on standard hours from 9.00am –5.00pm Monday to Friday from the issue of the Writ until the day prior to the close of nominations. Extended hours (from

8.30am - 8.00pm) will apply on day of the close of rolls to receive enrolments.

Extended hours will also apply during the early voting period, as follows:

until 6.00pm on the close of nominations day;

from 8.30am-6.00pm weekdays from the day after the close of nominations until the last day of early voting (the Friday before election day), except for the Thursday before election day when hours will be extended until 8.00pm; and

from 9.00am-2.00pm on the Saturday before election day.

The election office will also be open for public enquiries on election day, from 7.00am-6.00pm.

This arrangement will meet all legislative requirements and provide candidates and voters with

adequate access.

1.8. Support for Election Manager

1.8.1. Election Support Officer

An Election Support Officer (ESO) will be provided to support the Election Manager throughout the election. Located at the VEC’s Melbourne office, the ESO will be the central point of contact

between the Election Manager, the Electoral Commissioner and other VEC staff. The ESO will assist the Election Manager with procedural and other issues.

1.8.2. Helpdesk

Helpdesk support will be provided to the Election Manager principally, to assist with the

operation of the VEC’s Election Management System (EMS) and other technical issues.

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1.8.3. Election Liaison Officers

The Election Manager will be able to appoint one or more election liaison officers (ELO) who

will visit voting centres on election day. The ELO’s role will be to alert the Election Manager to instances where voting centres may need extra resources and deliver them where appropriate,

and to ensure procedures are applied consistently.

1.9. Registered Political Parties

1.9.1. Briefing sessions

After the announcement of the by-election the VEC will offer a briefing session to each registered political party (RPP) regarding the election process. Sessions will provide

information on:

the VEC’s preparations for the election;

infrastructure arrangements;

the role of the Election Manager;

postal voting arrangements;

nomination procedures;

the registration of how-to-vote cards;

the VEC’s voter information campaign;

complaints procedures; and

public funding of election expenses.

As support documentation (including early voting and voting centre lists) becomes available, it

will be provided to RPPs.

The VEC will publish circulars for RPPs until nominations close (if required). For the remainder

of t election period, the Election Manager will keep candidates informed of specific election activities and timelines.

1.10. Independent Candidates

1.10.1. Information session

An information session will be held for independent candidates as soon as possible after the

issue of the Writ. This information session will cover key timelines and procedures relevant to independent candidates.

1.11. Nominations

The VEC will produce Candidate Information Kits to be provided to prospective candidates. The kits will contain all forms and information required for nominating at a State District by-

election as well as information specific to the electorate for which they are nominating.

The VEC will continue to receive and record nominations from RPPs. The Election Manager will receive and record nominations from independent candidates including the receipt of the $350

nomination deposit.

Independent candidates will be able to complete their nomination form online - but will still

need to lodge their hard copy nomination form with the Election Manager, as required by legislation.

The Election Manager will publish all nominations received on a daily basis in a prominent position in the election office. Details of nominations that have completed a full quality

assurance process will be published on the VEC’s website twice daily at 10.00am and 5.00pm.

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1.11.1. Draw for ballot paper position

The Election Manager will hold a ballot to determine the order of candidates’ names on the

ballot paper as soon as practicable after the close of nominations. The ballot draw will be conducted electronically. The order of names on the District ballot paper will be determined by

a computerized single random draw.

(Only a registered political party is allowed to have its name printed on the ballot paper

adjacent to the name of the candidate endorsed by the party.)

1.11.2. How-to-vote cards

All how-to-vote cards to be distributed within 400 metres of voting centres on election day, or to be carried by mobile voting teams, must be registered by the Electoral Commissioner.

Independent candidates may lodge their how-to-vote cards with the Election Manager who will forward these to the Electoral Commissioner for registration. Registered political parties must

lodge their how-to-vote cards directly with the Commission.

Detailed information on the requirements for how-to-vote card registration will be contained in

the candidate handbook. A copy of the how-to-vote card protocol is provided in Appendix 4.

The VEC will publish registered how-to-vote cards on its website in accordance with legislation.

1.11.3. Candidate enquiries

The Election Manager will deal personally with all enquiries from candidates to ensure that

authoritative and consistent information is being provided.

Registered political parties will deal directly with the VEC.

1.11.4. Electoral entitlements

The Electoral Act 2002 provides for public funding for candidates who gain at least 4% of the total number of first preference votes given in the election. The entitlement amount per first

preference vote will be calculated as soon as possible once the by-election has commenced. For the 2010 State election the amount (entitlement) was set at $1.4849 per first preference vote.

The calculation of each entitlement will be performed after the final count of all votes has occurred for each District and Region.

The lodgement of expenditure statement by registered political parties and independent candidates is due 20 weeks after the election day as required by the Electoral Act 2002.

1.11.5. Refund of nomination deposits

Candidates who are elected, and candidates who obtain 4% or more of the formal vote, will

have their nomination deposit refunded as soon as practicable after the declaration of the election.

Nomination deposits for independent candidates will be refunded to the candidate. Nomination deposits for candidates represented by a registered political party will be refunded directly to

the party.

1.12. Ballot material and roll products

VEC employees will supervise all stages in the preparation and printing of ballot material.

Quality assurance staff overseeing ballot material and roll production will be thoroughly trained in the process.

1.12.1. Ballot papers

Ballot papers will be produced by the VECs contracted ballot material printer as soon as

possible after the ballot draw has been completed for the by-election.

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Mailhouse stock that will be used for postal voting will be pre-printed with the initials of the

VEC officer responsible for postal voting. Stamps with the officer’s initials will be supplied to the mailhouse to be used where more stock is required and ordinary ballot papers need be

used.

1.12.2. Blank District ballot papers

The VEC will prepare a number of blank District ballot papers, to be used for early and election

day voting where fully printed ballot papers are exhausted.

1.12.3. Ballot material artwork

All artwork for ballot papers will be created using the InDesign application. Ballot paper templates have been developed and will be populated by data extracted directly from EMS after

close of nominations by way of an XML (Extensible Mark-up Language) data file. Print ready PDF files will be transmitted directly to the VEC’s contracted ballot material printer requiring

minimal work by the printer prior to sending to the printing press.

1.12.4. Braille ballot papers

The VEC will provide Braille ballot material to members of the community who have registered with the VEC requesting this service. A Braille ballot paper will be produced for each person

registered as soon as possible after the close of nominations, along with Braille instructions for the completion of the ballot paper. The VEC will not be offering a large print ballot material

service at the by-election.

1.13. Early Voting

1.13.1. Postal voting

Any electors wishing to vote before election day may apply in Writing to the VEC for a postal

vote. Applications will be available from Australia Post offices within the District, the VEC, the election office and on the VEC website. See Central Processing Centre below for more

information.

Electors who are registered as General Postal Voters for State elections will have their ballot

material posted to them as soon the ballot material is available following the close of

nominations.

The VEC will meet with RPPs to discuss arrangements and protocols for the distribution of RPP

applications for a postal vote. The VEC’s proposed postal voting protocol is attached in Appendices 2a and 2b.

1.13.2. Central Processing Centre

The VEC will establish a Central Processing Centre (CPC) at the VEC head office that will be responsible for the processing of postal vote applications and despatch of postal ballot

material to electors.

Postal vote applications will be processed manually and will be marked against the election roll

in EMS to allow tracking of the postal vote through each stage of the process.

RPPs undertaking distribution of party specific postal vote applications will be required to

ensure that applications they receive daily are delivered to the VEC for processing no later than 11am each day. This will ensure same day processing and despatch of postal votes to electors.

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1.13.3. Early voting

An early voting centre will be established for the by-election at the election office if it is

located within the District. Where the election office is at the VEC head office, an additional early voting centre will be established within the District.

Electors unable to attend a voting centre on election day will be able to vote early at either of the early voting centres. Early voting will be available from the Monday following the close of

nominations to 6.00pm on the Friday before election day. Early voting will be available at the election office after 4.00pm on the close of nominations for electors with special

circumstances.

Early voting will operate from 8.30am-6.00pm Monday to Friday with extended hours until 8.00

pm on the Thursday before election day. Early voting centres will also operate from 9.00am-2.00pm on the Saturday before election day in recognition of the needs of those members of

the community who cannot vote during business hours.

Staff at early voting centres within election offices will be provided with access to EMS to

assist with issuing early votes. Staff at early voting centres that are not located in election offices will be provided with electronic roll mark-off facilities via netbook connected to the

VEC’s central database that contains the by-election roll (as at the close of roll).

1.13.1. Interstate and overseas voting

Early voting facilities will be established at the offices of each State and Territory electoral commission and at Victoria House in London.

1.13.2. Mobile voting

The Electoral Commissioner will appoint as many nursing homes, hostels, hospitals and other

institutions as is necessary as mobile voting centres to enable electors in those institutions to vote on the spot when a mobile voting team visits in the lead-up to the by-election.

Additionally where homeless support agencies, centres for blind or low-vision electors and prisons are affected by the by-election, they will also be appointed for mobile voting.

1.13.3. Training for Early Voting Centre Managers (EVCMs) and mobile voting officers

EVCMs will attend a face-to-face training seminar delivered by the Election Manager. Content will cover all aspects of managing an early voting centre, including issuing votes using the

electronic roll mark-off system, management of ballot papers and record-keeping.

A training package for mobile voting officers will also be prepared and will include a new DVD

developed for this purpose.

1.13.4. Armed services personnel serving overseas

The VEC will contact the Department of Defence and provide it with information regarding the by-election for communication to Australia’s armed services personnel serving overseas up to

and during the election. The Department of Defence circulates information on voting for all Australian elections to all personnel.

1.13.5. Antarctic voters

The VEC will continue to work with staff from the Australian Antarctic Division in order to

ensure that ‘Antarctic electors’ employed in Antarctica during the a by-election are able to vote. The VEC will prepare, for each registered elector, a specially designed ballot paper that

will be emailed in a secure format to their registered email address. Antarctic electors will complete their ballot and return it to the VEC by similar means, for inclusion in the count.

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1.14. Voting Centres

1.14.1. Selection of voting centres

The VEC will book all voting centres for the by-election once the date of the by-election is

known. Voting centre bookings will be based on the most recent State election taking into account any recommendations made by the Election Manager for that election.

The VEC will also consider those voting centres that have been used at Federal and Council elections in the past, and will ensure that voting centres are geographically well located within

the District. The VEC will ensure that, as far as possible, voting centres provide maximum access for voters and that there is at least one fully accessible voting centre in the District.

A full accessibility audit of each proposed voting centre will be undertaken.

1.14.2. Voting centre equipment

The VEC will arrange for the delivery of voting centre furniture (where required) and equipment to each voting centre at an appropriate time during the week before election day. This will

include customised cardboard voting centre equipment (voting screens, directional signs, ballot boxes, recycling rubbish bins etc).

The VEC will provide posters to each voting centre encouraging the return of how-to-vote material to party workers. Additionally, clearly-labelled recycling bins will be available at each

voting centre.

1.14.3. Operation of voting centres

Election day voting centres will operate between 8.00am and 6.00pm. Voting centre managers will be trained in the strict legal requirement to adhere to these times.

1.14.4. Voting centre staff

The Election Manager will appoint the optimum number of staff for each voting centre to provide a smooth flow of voters on election day. The VEC has developed job specifications to

assess potential candidates and ensure that Equal Employment Opportunity (EEO) principles are considered in the selection of all staff. The VEC’s election management system holds a database

of staff previously employed.

The VEC has implemented an online registration system for prospective election officials. This allows the current database to be updated and captures details for potential new staff. The VEC

will encourage staff from Aboriginal backgrounds, those with disabilities and those with multi-language skills to register as prospective election officials.

Election Liaison Officers (ELOs) will visit voting centres during the hours of voting and during the count to support a number of voting centre managers. They will check procedures are being

carried our correctly, provide advice where necessary and deliver any additional materials if shortages occur during the day.

The VEC will provide a training package for use by Election Managers to conduct training sessions for ELOs, voting centre managers (VCMs) and assistant voting centre managers

(AVCMs).

The VEC will also provide a DVD for all election officials to provide an overview of voting centre

procedures, with special emphasis on good customer service.

1.14.5. Multi-language instructions

Voting instructions in minimum of twenty languages will be available in voting compartments

at voting centres. A list of the twenty languages is included in Appendix 3.

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1.15. Vote Counting

1.15.1. Election day

After the close of voting at 6.00pm, ordinary votes issued in election day voting centres will be

counted in voting centres.

Two counts will conducted, as follows:

1. 1st preference count – Legislative Assembly

2. Two candidate preferred count – Legislative Assembly

After the counting of first-preference votes for the Legislative Assembly, a two-candidate-preferred count will be conducted, with preferences distributed to the two candidates

considered ‘most likely’ to be in the lead after the distribution of preferences. The purpose of the two-candidate-preferred count is to provide an early indication of the result of the by-

election, and also to provide detailed information for political parties and analysts.

Counting of postal and early votes will commence at 6.00pm on election night in election

offices in the same count order as at the voting centres.

1.15.2. Counting after election day – District recheck and preference distribution

The District primary counts will be rechecked in the election office after election day. A

preference distribution to determine the result of the by-election may be required where no candidate obtains an absolute majority (more than 50 per cent) of the first-preference votes.

Preference distributions will take place after all rechecking has been completed.

1.15.3. Counting after election day – District recount

A full recount of votes can take place before a candidate is declared elected. A recount may be conducted at:-

the Election Manager’s discretion; or

the request of a candidate.

Alternatively a recount MUST be conducted if directed by the Commission.

The Commission will observe the outcome of the by-election and work with the Election

Manager to determine if a recount should take place.

1.15.4. Counting after election day – corrected two-candidate-preferred count

The VEC will monitor the results of the two-candidate preferred count on election night. Where the two candidates were for the District were incorrect, the VEC will not adjust the two-

candidate preferred count on election night. A corrected two-candidate preferred count will take place during the week following election day.

1.15.5. Counting after election day – two-party-preferred counts

The VEC will use 2CP or preference distribution results as the two-party result, but will conduct

special two-party-preferred counts where 2CP or preference distribution results do not show how the vote is divided between the ALP and the Liberal and National parties.

The VEC will only conduct a two-party-preferred count where the parties listed above stand candidates for the by-election, once all counting in the District has been completed.

1.15.6. Provisional vote checking

Checking of the enrolment entitilement for voters completing an Application for Enrolment/Provisional Vote is to take place at the VEC early in the week after election day.

Enrolment entitlement must be checked before these votes can be admitted to the count.

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Provisional votes taken in voting centres on election day and at early voting centre prior to

election day will be forwarded to the VEC head office for checking by the enrolment team.

A thorough check of enrolment entitlement will be conducted for each provisional vote. This

will include a search to check that the elector had not previously been removed from the enrolment register on the grounds that they were no longer eligible. A check will also be made

to determine if citizenship or British subject status has previously been confirmed for the voter, and that the address for which enrolment is claimed is a valid address for enrolment

purposes.

As a result of these checks, a decision will be made to either admit the vote to the count or for

it to be rejected and not included in the count.

1.15.7. Availability of by-election results

Progressive results will be made available on the VEC website as they are entered into EMS.

Results data files will also be published at regular intervals on the Virtual Tally Room that can be easily downloaded by TV and print media and any interested parties. The data files will

include information on candidates, party affiliation (where applicable) and voting location. Each result set will be in ballot paper position order and will contain the total number of votes

received by each candidate.

1.15.8. Declaration of the result

The Election Manager is required to publicly declare the by-election and to announce the name of the candidate elected.

Prior to declaring an election the Election Manager will ensure that the number of outstanding ballot papers could not possibly affect the result of the by-election. Candidates will be advised

of the date and time of the declaration.

The by-election must be declared before the return of the Writ (21 days after election day).

1.15.9. Management of complaints

The VEC will only accept and act on complaints made in Writing – these may be in letter, fax or

email form. In most cases, complainants are alleging that there has been a breach of the law and as such there must be an evidentiary trail. Any complaints lodged with the Election

Manager will be forwarded to the Electoral Commissioner for consideration and response.

The VEC will not discuss individual complaints with members of the media under any

circumstances, not even to confirm or deny that a complaint has been received.

1.15.10. Compulsory voting

Section 162 of the Electoral Act 2002 determines that the Commission must, within six months of election day, send by post to each elector who appears not to have voted a notice asking

why they did not vote.

The VEC will commence non-voter follow-up of persons who were required to vote at the by-

election but who appear not to have voted within a month of the return of the Writ. Non-voter follow-up will take place in four stages. The first three stages will be conducted by the VEC

with the final stage being managed by the Infringement Court.

The non-voter process is as follows:

1.15.10.1 Apparent Failure-to-vote Notice

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We will prepare and send an apparent failure-to-vote notice to all electors who appear to have

failed to vote and are not automatically exempt. Apparent non-voters have 28 days from the date of the notice to provide a valid excuse for not voting.

1.15.10.2 Infringement Notice

We will prepare and send an infringement notice to any apparent non-voter whose excuse is not deemed valid or who failed to reply to the apparent failure-to-vote notice. A penalty

applies to this notice. Non-voters have 42 days in which to pay the penalty amount or provide a valid reason for not voting.

During the processing of responses it is a requirement of legislation that non-voters who provide a valid response for not voting may have the infringement against them withdrawn. A

‘Withdrawal of Infringement’ letter must be mailed to each non-voter in this category.

1.15.10.3 Penalty Reminder Notice

We will prepare and send a Penalty Reminder Notice to those apparent non-voters who have not paid the penalty for failing to vote. An amount for prescribed costs is added to the original

penalty amount. Non-voters have 42 days in which to pay the penalty amount or provide a valid reason for not voting.

An infringement may be withdrawn and the penalty reminder stage and ‘Withdrawal of Infringement’ letters must be mailed to each non-voter in this category.

1.15.10.4 Infringement Court File

An infringement court file containing all outstanding infringements will be prepared and

lodged with the infringement court within the prescribed timeframe.

1.15.10.5 Receipt of penalties

The VEC will receive and record all payments made in relation to compulsory voting

enforcement. All penalty payments collected for the by-election will be transferred to consolidated revenue at a time to be determined by the finance department.

1.15.1. Follow-up of multiple voting

The VEC will write to each elector that appears to have voted more than once seeking an

explanation as to where and how they voted. Each response will be considered, along with any evidence provided in support of the response. Where a genuine mistake was made the elector

will receive a caution and will be advised that should they appear to have voted more than once at future elections, prosecution action will be taken against them.

1.15.2. Return of the Writ

The Writ for a State District by-election must be returned to the Speaker of the Legislative

Assembly within 21 days of election day.

1.15.3. Informal ballot paper analysis

The VEC will conduct a survey of informal ballot papers following a District by-election. The aim

of the survey is to measure the incidence of various types of informal voting and to contribute to Australia-wide literature on this subject.

1.15.4. Court of Disputed Returns

The validity of an election can only be disputed by means of a petition to the Court of Disputed

Returns.

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A petition to the court must be filed within 40 days of the return of the Writ.

1.15.5. Report to Parliament on the conduct of the State District by-election

Under Section 8 (2)(b) of the Electoral Act 2002, the VEC must report to each House of Parliament within 12 months of the conduct of each election on the administration of that

election. For a State District by-election, the VEC will aim to present its report within six months of the election. The report will provide information on the conduct of the by-election

including:

analysis and summary of results;

selected detailed statistics;

planning overview;

details of the Election budget;

election administration, staffing and infrastructure;

election services to voters, political parties and candidates and the media;

communication services;

innovations and special projects; and

process summary and transparency.

The report may also provide details of any recommendations for legislative consideration and research that are identified as a result of the review of all aspects of the by-election.

1.15.6. Disposal of by-election material

Section 122 of the Electoral Act 2002 and Regulation 37 of the Electoral Regulations 2002 detail the legislative requirements for security and storage of election material. All parcels are

to be kept safely until the completion of any proceedings in the Court of Disputed Returns.

A petition to the Court of Disputed Returns must be filed with the Prothonotary of the Supreme

Court within 40 days of the return of the Writ.

All election material will be disposed of as detailed in legislation. Where no petition is filed

with the Supreme Court, election material will be disposed of as soon as practicable after the expiration of the petition lodgement period.

Appendix 1—State By-election Timeline

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ISSUE OF WRIT Day

25

TUE

24 WED

23 THU

22 FRI

21 SAT

20 SUN

19 MON

CLOSE OF ROLLS (8pm) 18 TUE 17 WED

RPPs CLOSE OF NOMS (12 noon) 16 THU

CLOSE OF NOMS (12 noon) with EM Early Voting

commences (4 pm) 15 FRI

14 SAT

13 SUN

First day for submission of HTVCs to Commission for

registration 12 MON

11 TUE

10 WED

9 THU

Final day for submission of HTVCs to Commission for

registration (12 noon) 8 FRI

7 SAT

6 SUN

5 MON

4 TUE

3 WED

Close of Postal Voting (6 pm) 2 THU

Close of Early Voting (6 pm) 1 FRI

ELECTION DAY 0 SAT

6 FRI

Last day that votes can be admitted to scrutiny 9 MON

Appendix 1—State By-election Timeline

Appendix 2A—RPP Postal Voting Protocol – Part 1

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Dear

RE: Postal Vote Application Protocol – State District By-election

I have established a protocol based on current legislation for parties and candidates who may

be considering distributing postal vote applications during the next {VEC to insert year and

District name} By-election.

The Victorian Electoral Commission will continue to provide adequate supplies of postal vote

applications to all Australia Post outlets within the District along with early voting facilities

in each State and in London. Consideration must be given when lodging applications for

distribution to electors as applications signed by electors before the issue of the Writ will be

rejected. For the {VEC to insert District name} By-election this is 6pm on {VEC to insert

day and date}.

On general matters relating to legal interpretation, it is the responsibility of candidates and

parties to ensure that they comply with the provisions of the Electoral Act 2002. I have no

power to give binding advice. It should be recognised other persons, and more importantly,

the Courts may hold different views of the law. If in doubt, persons should obtain their own

legal advice rather than relying on any views that I may express.

However, it is my view that the postal vote application form is subject to Crown copyright. I

therefore consider it necessary that the following principles be observed in relation to the

distribution of postal vote applications. They:

must contain the information detailed in Form K of the Electoral Regulations 2002;

must not contain any political comment;

must clearly identify the party or candidate distributing the application but must not

contain a Victorian Electoral Commission logo;

may be distributed with other political information;

must not contain any information that could be considered to be misleading;

must not be produced on shiny paper; and

must be forwarded to the Victorian Electoral Commission by 11am each day.

It need to be remembered that the Victorian Electoral Commission is not able to issue postal

votes on applications received after 6:00 pm on the Thursday preceding Election day.

I cannot over emphasise the importance of party and candidate helpers transferring the

completed applications to the Victorian Electoral Commission as soon as possible. It would

also be ideal if candidate and party helpers could be informed that ballot material cannot be

issued until after the close of nominations ({VEC to insert day and date}) as a number of

electors who complete application forms early in the election period become anxious when

they do not immediately receive their ballot material which, of course, cannot be printed until

after nomination day.

Parties must not hold on to applications not signed by the elector and/or witness. They must

be passed to the VEC for processing, it is the VEC’s responsibility to deal with unsigned

applications as soon as possible to ensure the elector receives their ballot material within the

legislated timeframe.


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I am enclosing a hard copy template of the postal vote application template to be used by

parties for the State election. If you would like a copy of this template in electronic form, one

can be provided on request.

I strongly encourage parties and candidates to discuss their proposed templates, including the

envelopes with me prior to printing and distribution. If you wish to discuss this matter further

or require assistance with your template specification please contact Glenda Frazer on

8620 1151.

Yours sincerely

Steve Tully

Electoral Commissioner

Appendix 2B—RPP Postal Voting Protocol – Part 2

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Appendix 3—Community Languages

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Appendix 3—Community Languages The VEC currently provides translated information and operates dedicated interpreter telephone

lines in the community languages listed below (plus one for “all other languages”). This is to

ensure that the VEC meets the community language requirements.

Information regarding the most common languages other than English spoken in Victoria is drawn

from Australian Bureau of Statistics data.

Language Telephone

Amharic 9209 0190 - African language

Arabic 9209 0100

Bosnian 9209 0191

Cambodian 9209 0192

Chinese 9209 0101 - Cantonese

Chinese 9209 0106 - Mandarin

Croatian 9209 0102

Dari 9209 0193 - African language

Dinka 9209 0119 - African language

Greek 9209 0103

Italian 9209 0104

Korean 9209 0194

Macedonian 9209 0105

Persian 9209 0195

Russian 9209 0196

Serbian 9209 0107

Somali 9209 0108 - African language

Spanish 9209 0109

Turkish 9209 0110

Vietnamese 9209 0111

All other non-English languages 9209 0112

English TBA

Appendix 4—How-to-vote Card Protocol–Victorian State District By-elections

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This paper outlines the protocol to be implemented by the Victorian Electoral Commission (VEC) in relation to the registration and distribution of how-to-vote cards (HTVCs) for a Victorian State District by-election.

The Electoral Act 2002 sets out the requirements for lodgement and registration of HTVCs for Victorian State elections. That Act also prescribes the procedure to be followed in relation to cards that have not been registered. The Electoral Amendment (Electoral Participation) Act 2010, recently passed by the Victorian Parliament included the requirement for the VEC to publish all registered HTVCs on its website.

The VEC has conducted a review of its processes in light of the new publication requirements.

Protocol

The key requirements for the submission and registration of HTVCs are listed below. References to the Electoral Act 2002 and the Electoral Regulations 2002 are noted where applicable.

1. Only registered HTVCs can be distributed within 400 metres of a voting centre on election day. HTVCs distributed at early voting centres or for other campaign purposes can either be registered or unregistered (s 156). Unregistered HTVCs cannot contain the endorsement “Registered by the Victorian Electoral Commission” (Reg 18).

2. Registered HTVCs may be provided to Election Managers to be included in folders carried by election officials conducting mobile voting. It is for candidates, registered political parties or other persons to provide printed copies of registered cards to Election Managers for this purpose (s 65(4)).

3. Any person can submit a HTVC for registration, unless it is a HTVC for a registered political party (s 77).

4. All cards are registered by the Victorian Electoral Commission (VEC), but may be lodged with an Election Manager appointed within the electorate the card relates to (s 77).

5. The registered officer of a registered political party or a person appointed by the registered officer may submit a HTVC directly to the VEC for registration (s 78 (1)).

6. Each card submitted for registration must be accompanied by a signed declaration in the prescribed form – see Appendix 2. Where more than one card is submitted by an applicant, a completed declaration must accompany each card (ss 77(2) and 78(2)). If the card includes a section in a language other than English, the person submitting the card must also submit an English translation of that section and sign a declaration that the translation is fair.

7. The VEC and the Election Manager will provide candidates and parties with an electronic list of candidate names in the form and order they will appear on the ballot paper after the ballot draw. Candidates and parties are strongly encouraged to copy names directly from this file into their HTVC to avoid spelling errors and names appearing in an order other than ballot paper order.


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8. Cards must be submitted in hard copy and in final print ready version. This is required as changes or errors introduced during the formatting and printing process could change the registration status of the card.

9. The VEC requests that applicants submitting cards that contain colour to the Election Manager, rather than the VEC, submit an electronic copy of the scanned image in JPEG format, in addition to a hard copy. This will facilitate easier transmission to the VEC and publication on the VEC website.

10. Cards must be lodged for registration between the specified lodgement period (ss 77(1) and 78(1)).

11. In determining whether to register a HTVC, the VEC will have regard to the matters listed below (ss 79(2) and (3)). The checklist provided by the VEC for applicants to assist in the preparation of their HTVCs is included in Appendix 3.

(i) the card must clearly identify the person on whose behalf the card is being distributed;

(ii) the size of any logo, emblem or insignia appearing on the card, belonging to the person, or group on whose behalf the card is to be distributed must be at least 4 square centimetres;

(iii) the card must indicate an order of voting preference for all candidates listed on the card or contain a statement that a number must be placed against the name of each candidate; and

(iv) the card must include:

The name and address (not PO Box) of the authoriser

The name and business address (not PO Box) of the printer

The endorsement “Registered by the Victorian Electoral Commission” Please note that cards cannot be printed, published or distributed with this endorsement until notification of registration has been received from the VEC (s 156 (2)). However, the final print ready version submitted for registration must include this endorsement.

(v) a card must not mislead or deceive an elector in casting their vote. For example, a card that contains empty boxes against the names of candidates may induce an elector to cast an informal vote, and as such will not be registered.

(vi) a card must not induce an elector to mark the ballot paper otherwise than in accordance with the directions on the ballot paper; or

(vii) a card must not contain offensive or obscene material.

12. If applicants intend to include photographs on their card, of people other than the candidate, or photographs that clearly identify members of a particular organisation, it is strongly advised that permission has been obtained from the people or organisations concerned to use the proposed images. There have been instances where people or organisations have objected to the use of photographs on HTVCs because it has promoted a view that the person or organisation is supporting that candidate. While the use of photographs in most cases would not prevent registration of the card, applicants are reminded to ensure proper protocols are followed to avoid disputes that could consume time away from their election campaign.


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13. The VEC will advise applicants of its decision on a HTVC application by 12 noon on the next day after receiving the HTVC from the applicant (s 79(1)).

14. The VEC will publish registered HTVCs on its website, and make a copy of each registered card available on Level 11, 530 Collins Street, as soon as practicable after advising the applicant of their decision. The VEC estimates that this will be by 5pm on the day the applicant is advised of the VEC’s decision.

15. Any person may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the VEC’s decision to register or not register a particular card, no later than 12 noon on the next working day after the VEC has advised the applicant of its decision.

16. VCAT must determine the application and give the applicant and the VEC directions as to the changes required to obtain registration, by 5.00pm on the next working day after receiving the application for review.

17. Applicants who have registered a HTVC, may apply to the VEC to alter their registered HTVC to correct an error. Such applications must be received by the VEC no later than 12 noon on the Monday before election day. The VEC will advise the applicant of their decision by 12 noon on the next day after receiving such an application (s 80).

NOTE:

1. DISCUSS DRAFTS WITH VEC/ELECTION MANAGER Applicants are encouraged to discuss drafts of their card with the VEC or their Election Manager before submitting their card for registration. Once formally submitted, the VEC will advise the applicant of its decision on the card by 12 noon on the next day. If amendments are required, the card is rejected and the applicant will need to resubmit an amended card and a new application. The registration process commences again.

2. LAST DAY SUBMISSIONS Applicants are advised not to leave submission of their card for registration until the last minute. If applicants submit their application on the last day, the VEC will not be in a position to advise applicants of its decision until the next day. If the card does not meet the requirements for registration, it will be too late for the applicant to resubmit a card for registration and they will not be able to distribute HTVCs within 400 metres of voting centres on election day, or have their card included with HTVCs carried by election officials visiting mobile early voting centres.


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27


28

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Victorian Electoral Commission a

Appendix 3

HOW-TO-VOTE CARD Check Comments

Date/time card lodged recorded on HTVC declaration

Application complete and signed by the person submitting the card for registration

Card is submitted in hard copy and final print ready version

Electronic copy htvc submitted in JPEG format.

If in a language other than English – translation and declaration provided

Clearly identifies person, organisation or group on whose behalf the card is to be distributed

Order of voting preference for all candidates listed (1, 2, 3, 4, etc.), or statement that a number must be placed against the name of each candidate. Must not use

any number more than once

No empty boxes allowed next to candidate‘s names

No ticks or crosses to appear on any part of the HTVC

Candidates are listed in ballot paper order with correct spelling.

Carefully check spelling before faxing to VEC

No titles or other designations against the names of candidates

Logo/emblem/insignia is no less than the prescribed size (4 square cm)

Approval has been obtained from persons/organisations depicted in any photographs on the card

Card is not misleading, deceptive, offensive or obscene.

Name & street address (not PO Box) of authoriser is included

Name & place of business of printer is included

Endorsement ―Registered by the Victorian Electoral Commission‖ is included

2 sided cards - refer to Ch14. Page 107 ‗first and second dot point‘

The words Sample Ballot Paper not Ballot Paper acceptable on image of a ballot paper.

Copy ‘final print ready version’ from USB to EONetwork.

Immediately fax cover sheet, declaration and this checklist to the VEC

Important: How-to-vote cards can only be registered at the VEC. Make sure the candidate understands that they will be

informed of the VEC‘s decision by 12.00 noon the day after lodgement and that they must not have cards printed before they have been registered.

Parliamentary District

By-election How-to-vote card Checklist

District

Candidate

State District By-election Plan · The strategies in place for the conduct of a State District...

Documents

Transcript of State District By-election Plan · The strategies in place for the conduct of a State District...