Elections and voting
Voting in council elections enables people to influence who is given the responsibility to decide on some key things that will happen in their local communities. By voting you can help to influence what sort of place your community will be.
Periodic elections for all South Australian Local Government councils (except Roxby Downs) are held every four years. The City of Adelaide elections have been postponed until 2007.
-
The next general elections will be held in November 2006.
-
Voting in Local Government elections is voluntary
-
Local Government elections are conducted with secret ballot postal voting.
-
To vote in your own right you must be on the council’s Voters Roll.
Supplementary elections are held if a periodic election fails or if a casual vacancy occurs for reasons such as resignation or death of an elected councillor. There are some exceptions – supplementary elections are not held if the vacancy occurs after the 1st January of the year of the periodic election and councils can decide not to fill a single casual vacancy at other times if the vacancy is for a councillor position and the council does not have wards.
The rules for voting in all Local Government elections, standing as a candidate, and all other election matters are set out in the Local Government (Elections) Act (SA) 1999.
Frequently asked questions about Local Government elections and voting
1. Who runs Local Government Elections in South Australia?
The person responsible for running Local Government elections is the “Returning Officer”. The Returning Officer for all Local Government elections is the State Electoral Commissioner, who is appointed under Section 10 of the Local Government (Elections) Act. The State Electoral Commissioner is also responsible for conducting State parliamentary elections.
The Returning Officer may appoint one or more Deputy Returning Officers for each council to help run the elections. The Deputies are usually employees of State or Commonwealth Electoral Offices or they can be nominees of the council approved by the Returning Officer. Other people, called Electoral Officers, also help out during the elections and provide people with information and advice about what to do.
All these people are trained by the Returning Officer and it is their job to carry out their role in strict adherence to directions and delegations from the Returning Officer.
2. Who can enrol to vote in Local Government elections?
You must be enrolled to be able to vote in your own right.
Anyone is eligible to enrol to vote if they are 18 years of age or above at the time of voting and are:
-
Enrolled as an elector for the House of Assembly at an address in the area
-
A resident in the council area (but not necessarily a property owner) who has lodged the prescribed application form with council;
-
a ratepayer who is the sole occupier of a property in the council area. This could be a person who owns a house or a person who owns property but is not a resident, for example, a landlord
-
A ratepayer who is the sole occupier of a property in the council area and is not a resident in respect of that property.
A body corporate can also enrol if it is a ratepayer in respect to rateable property and is the sole owner or occupier of the property.
A group of persons is entitled to be enrolled if:
-
The members of the group are all ratepayers in respect of rateable property in the area; and
-
The members of the group are joint owners, owners in common or joint occupiers of the rateable property; and
-
At least one member of the group is not enrolled as a person (including as a body corporate) already and no member of the group is enrolled as a resident or as an elector for the House of Assembly for the rateable property.
-
No member of the group, who is an occupier of the property, but not an owner, is a resident in respect of rateable property.
3. How do I get on the councils’ Voters Roll?
If you are already on the State electoral roll which means you vote in State and Federal elections which are compulsory, then you are automatically on the council’s voters roll for that area.
-
You only have to enrol once, but if you change your name and/or address you will need to complete a new enrolment form to update your new name and/or address. Forms are available from any electoral office, post office or www.aec.gov.au.
If you have not voted before, or just turned 18 years of age, all you need to do is to go to any Post Office and fill in an enrolment form. Forms are available from any electoral office, post office or www.aec.gov.au.
If you are not on the State electoral roll (eg you are not an Australian citizen) and are a resident within a council area, you are still able to enrol.
-
You must fill out the prescribed declaration form (Form 2 in the Local Government (Elections) Regulations) and lodge it with the council before the closing date.
If you are not on the State electoral roll and you are the sole owner of rateable land in the council area, you should automatically appear in that council’s voters’ roll.
-
However, if you have only recently purchased the land, check with the council to make certain you appear on the roll.
If you are not on the State electoral roll and you are listed in the council's assessment record as the sole occupier of rateable land in a council area, you will appear on that council’s voters’ roll so long as you are not a resident in respect of that rateable property.
-
If you wish to be enrolled on the voters roll as an occupier of property who is not a resident (for example, you conduct a business from the property), you first need to apply to be included on the assessment record as an occupier.
-
This may affect you in some circumstances in relation to rates under the Local Government Act. Read more about council rating...
A body corporate or group that is the owner of rateable property should automatically appear in the assessment book and be enrolled, provided at least one member of the group is not enrolled as a person (including as a body corporate) already and no member of the group is enrolled as a resident or as an elector for the House of Assembly for the rateable property.
-
Check with the council if the property was only recently purchased.
A body corporate or group that is the occupier of rateable property will not always appear on the voters roll. A body corporate or group occupier will only be entitled to be enrolled if at least one member of the group is not enrolled as a person (including as a body corporate) already, and no member of the group is a resident for the rateable property (whether or not they are enrolled as a resident or as an elector for the House of Assembly for the property).
-
If the body corporate or group wish to be enrolled on the voters roll, you first need to apply to be included on the assessment record as an occupier.
-
This may affect the group in some circumstances in relation to rates under the Local Government Act. Read more about council rating...
4. When do the Voters Rolls close?
You must enrol before the electoral roll closing date, which is fixed by the Returning Officer for periodic elections. The closing date must not be less than 13 weeks before polling day.
For the November 2006 elections you must enrol by Friday 11 August 2006.
Enrolment forms and change of address forms are available at any Post Office or Electoral Office.
The Chief Executive Officer is responsible for maintaining the council's voters roll, which must be available for public inspection at the council’s principal office and may be purchased for a fee fixed by the council.
5. How do I get my postal voting papers and what do I do?
Everyone enrolled on the council's voters roll will receive postal voting papers (called a ‘Ballot Pack’) in the post near the end of October. For 2006, this will be between 23 & 27 October. The Ballot Pack will include:
-
Ballot papers and envelopes;
-
A profile of each candidate; and
-
Information about what to do and how to vote.
If you do not receive your papers or lose them, go to your local council office where you can fill out a form to get new ballot papers.
-
Follow the instructions in the Ballot Pack and complete the ballot paper.
-
Fill out and sign the declaration on the back of the ballot paper envelope.
-
Post it back so the Returning Officer receives it by the polling day close of voting date stated on the Ballot Pack, which will be at 5pm on the last business day before the second Saturday of November of the year of the election. This will be by 5pm, Friday 10 November for 2006.
All instructions for completing the ballot paper must be followed carefully as a ballot paper will be rejected as informal if you have not completed the ballot paper correctly, or have not signed the declaration on the back of the ballot paper envelope.
Any officer of a body corporate that is enrolled on the voters roll may vote on behalf of the body corporate with its authority. Any member of a group that is enrolled on the voters roll may vote on behalf of the group with its authority. Corporate officers and group members voting on behalf of their body corporate or group must be 18 years of age or above at the time of voting.
6. How can it be a secret ballot if I have to sign the declaration on the ballot paper envelope?
The laws about elections require voters to complete the declaration on the back of the ballot paper envelope to enable the Returning Officer or Deputy Returning Officer to check that all voters are on the Electoral Roll.
After this is checked, the Returning Officer tears the declaration section with the name and signature off the ballot paper envelope leaving the sealed ballot paper envelope with the vote in it. After this is done to all returned ballot paper envelopes, they are put together and mixed up, so there is no way of identifying voters' envelopes. This means that it is a secret ballot.
7. What voting system is used and how are votes counted?
The ‘Proportional Representation’ system is used for counting the votes in Local Government elections, similar to the system used in the South Australian State Government Upper House elections.
This system is based on each candidate gaining a 'quota' of votes to get elected. The 'quota' is worked out on the basis of dividing the number of formal ballot papers by the number of vacancies plus 1, and adding 1 to the result as follows:
| Number of formal ballot papers | |
|
+ 1 = Quota | |
| Number of vacancies + 1 |
A candidate may obtain a quota by:
-
Obtaining a number of first preference votes equal to or greater than the quota;
-
Obtaining first preference votes plus a number of votes from the distribution of an elected candidate's surplus which when added together is equal to or greater than a quota;
-
Obtaining first preference votes plus a number of votes from the distribution of an excluded candidate's votes which when added together give a number equal to or greater than the quota;
-
Obtaining first preference votes plus a combination of votes received from exclusions and distribution of surpluses which when added together is equal to or greater than the quota.
It sounds quite complicated, but it is a fair way of counting votes especially where there are several vacancies to be filled. If you would like to know more about the way votes are counted, visit www.seo.sa.gov.au - ‘How your vote counts’.
8. Who can nominate as a candidate in Local Government elections?
Generally, anyone who is entitled to vote can stand as a candidate. Candidates must be:
-
Over 18 years of age; and
-
A resident or ratepayer in the council area; and
-
An Australian citizen (or served on council between 5 May 1997 and 1 January 2000); and
-
On the Electoral Roll or is nominated by a body corporate or group on the roll.
People who are not entitled to nominate as candidates include members of Parliament, council employees, or candidates for election in other Local Government areas.
9. What are the rules for candidates?
The Local Government (Elections) Act sets out the rules for nomination and standing as a candidate. Some of the requirements and procedures are as follows.
-
Candidates must nominate by 12 noon on the 6th Tuesday after the day fixed for roll close (12 noon Tuesday 19 September 2006 for the November 2006 election).
-
Nomination packs are available from the council office or State Electoral Office or Deputy Returning Officer.
-
Nomination involves completing and lodging the correct nomination form with an Electoral Officer appointed for the council, including an accurate candidate profile of no more than 150 words and an optional photograph.
-
A copy of the voters roll is available to candidates at the council office.
-
All campaign material must be accurate, and include the name and address of the person authorising the publication and the name of the printer.
-
Candidates must keep records of campaign donations and after the election, submit a return to the Chief Executive Officer of the council, which lists any donations or gifts received for their campaign. A successful candidate who fails to lodge a campaign donations return within the time allowed by the Act loses office.
It is illegal to do certain things. For example, there are rules about being honest, not interfering with voters or the secret ballot, and not assisting people to vote. Some practices can result in a fine or imprisonment.
Further information about the rules for candidates are contained in the nomination kit provided to all prospective candidates by the State Electoral Office.
10. How will I know who wins the election?
After all votes are counted and the successful candidates are known, the Returning Officer advises the council office of the results, and notices are put in the “Government Gazette” and local newspaper. If you do not see the notice in the paper, you can ask at the council office about the election results.
11. What do I do if I have a complaint about the conduct of a Local Government election?
All complaints about the conduct of a Local Government election are to be directed to the Returning Officer, State Electoral Office, in writing.
Note: An unsuccessful candidate may request a recount by writing to the Returning Officer within 72 hours of the provisional declaration. The Returning Officer can also order a recount if considered necessary.
12. What do I do if I am interested in finding out more about standing as a candidate for Local Government elections?
For further and more detailed information about standing as a candidate and the conduct of Local Government elections, contact the SA State Electoral Office, telephone 8401 4300. More information on Local Government elections and voting matters can be obtained at your local council office, or visit www.lga.sa.gov.au – ‘So you want to be on Council’.