candidate handbook district 2014

8/10/2019 Candidate Handbook District 2014

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The Victorian Electoral Commission

Our vision

All Victorians actively participating in their democracy.

Our purposeTo deliver high quality, accessible electoral services with innovation, integrity, andindependence.

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

2!"This publication is copyright.

#o part may be reproduced by any process, e$cept in accordance with the provisions of the Copyright Act 1968.Address all enquiries to the Victorian %lectoral &ommission, 'evel !!, () &ollins *treet, +elbourne, Victoria.

vec.vic.gov.au


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INTRODUCTION

This handbook is intended to assist candidates at Victorian *tate elections. te$plains those aspects of electoral law which relate directly to candidates.-owever, the handbook is not a substitute for the law. Victorias electoral lawis set out in the Constitution Act 1975, theElectoral Act 2002/%A0, and the%lectoral1egulations 2!2 /%10.

&opies are available at www.legislation.vic.gov.au

&andidates are reminded that, while the Victorian %lectoral &ommission/V%&0 will assist them by providing information, it does not provide legaladvice. &andidates must satisfy themselves as to their legal position,including, where appropriate, obtaining the advice of their own legal advisers.t is the responsibility of individual candidates to ensure that they comply withVictorias electoral law.

Candidate it This handbook is part of a comprehensive &andidate it produced by theV%&. &andidates may request the full kit from their %lection +anager or from

the V%&. %ach kit will contain3two How-to-ote car! "eclaration #$05 /one is a spare for use if first how4to4

vote card is re5ected06

oneAppoint%ent o& 'crutineer #$80form as a sample6

an Electoral (oll Con&i!entiality Agree%ent #$126

a list of voting centres in the 7istrict including early voting centres6

estimated votes at each election day voting centre6

%lection +anager contact details6

a )o%ination o& an *n!epen!ent Can!i!ate &or the +egislatie Asse%ly ysi. electors/ #$01form6and

a map of the 7istrict.

ndependent candidates are encouraged to make an appointment with the%lection +anager early in the election period to discuss electionarrangements.


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In!ormation"ession

An information session for candidates not endorsed by registered politicalparties will be held at 2. pm on *unday 2 #ovember 2!" at the Victorian%lectoral &ommission, 'evel !!, () &ollins *treet, +elbourne. t is stronglyrecommended that candidates attend this session.

1egistered political party briefings will be held prior to the commencement ofthe election period.

VEC #ebsite The V%& website is located at vec$vic$%ov$au

The site contains information about Victorian electoral processes, profiles ofelectorates, and election results. There are also provisions for electors toupdate their enrolment.

At the time of the *tate election, the website will include important informationabout voting, including how to vote if an elector cannot get to a voting centreon election day, the location of voting centres, and where to vote for those

electors who are interstate or overseas. Applications to vote by post will alsobe available.

&andidates details will be posted on the website following their nominationand election results will be posted on election night and in the weeks thatfollow.

As soon as practicable after registration, copies of registered how4to4votecards will be displayed on the V%&s website.

8urther useful information for candidates can be found at

vec.vic.gov.au9state4publications


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CONTENT"

INTRODUCTION$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ iv

Contents$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ i

&lossary o! Terms$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'

'$ Election #rits$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$(

ssue of the :rit...................................................................................................................... "7eclaration of the %lection and the 1eturn of the :rit............................................................."

)$ Timeline !or the "tate Election )*'($$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$+

,$ Constitution and -e%al .uali!ications !or Candidates$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$/

%ligibility for #omination..........................................................................................................;+ultiple #ominations...............................................................................................................;

($ Nomination 0rocedures$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1

&omplete a #omination 8orm #omination 8orm.....................................................................................................................>1etirement of a &andidate......................................................................................................?7eath of a &andidate.............................................................................................................. ?@ncontested %lections.............................................................................................................?&andidate &ontact 7etails ublicly Available..........................................................................?

&andidate 7etails rovided to arliamentary *ervices...........................................................?#omination 8orms not Available for nspection........................................................................?'ist of #ominations on 7isplay................................................................................................?&orrect ronunciation of &andidate #ames............................................................................?

+$ Electoral Rolls !or Candidates$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'*

/$ The 2allot 0aper$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$''


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-ow4to4vote &ards at +obile Voting &entres.........................................................................!"1egistration...........................................................................................................................!"@se of hotographs and Cuotes on -ow4to4vote &ards........................................................!;7ecision on -ow4to4vote &ard Applications...........................................................................!;'ast 7ay *ubmissions...........................................................................................................!=1eview of 7ecision................................................................................................................!=nspection of &ards...............................................................................................................!=

Alterations to 1egistered -ow4to4vote &ards to &orrect an %rror..........................................!=rinting more than one 1egistered &ard on a 'eaflet............................................................!=+ultiple %lectorate -ow4to4vote &ards..................................................................................!=

7$ 0ostal Votin%$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'3

'*$ Election Day Votin% Centres$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'3

''$ Early Votin% Centres$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'7

')$ 8obile Votin% Centres$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$)*

',$ Assistance to Vote$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$)'

'($ Count o! 2allot 0apers$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ )'

ostal Votes..........................................................................................................................2!%lection 7ay Votes................................................................................................................2!%arly Vote *ort......................................................................................................................2!%arly and +obile Votes..........................................................................................................2!%lectronic Votes.................................................................................................................... 22rovisional Votes...................................................................................................................22%$change.............................................................................................................................. 22Absent, nterstate,


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+isconduct in a Voting &entre...............................................................................................)2&ompulsory Voting................................................................................................................)2Voting


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&-O""AR= O9 TER8"

Absent Vote A vote issued to electors who attend a voting centre outside their 7istrict onelection day.

Candidate A person who is nominated under section ;? of the Electoral Act2002to

stand for election to arliament.

Canvassin% *oliciting of votes at an election for a candidate or political party.

Central CountCentre

A venue established for entering below4the4line preferences from 1egionballot papers into the Victorian %lectoral &ommissions /V%&s0 computercount application and calculating 1egion results.

Close o! Roll The roll closes at >. pm seven days after the date of the issue of the writ.

Declaration Vote A vote on a ballot paper marked under the following sections in the ElectoralAct 2002

!; D ostal6

!> D rovisional %nrolment9Vote6

!? D Absent6 and

!! D +arked as Voted.

District An electorate for the 'egislative Assembly. There are >> 7istricts, eachelecting one member. There are !! 7istricts in a 1egion.

Early Vote A vote cast before election day by an elector who is unable to attend a votingcentre on election day.

Early Votin%Centres

Types of early voting centres3

static early voting centres where an eligible elector can vote beforeelection day /either in Victoria, interstate, or overseas06 or

mobile early voting centres where voting facilities are provided topatients9residents in a hospital, aged care facility, homelessness agency,or a prison. +obile voting centres operate for a scheduled period of time.

The %lectoral &ommissioner appoints early and mobile voting centres foreach election.

Election +eans3

a general election6

a by4election6

a supplementary election6 or

a re4election.

Election Day The day named as the election day on the :rit for an election /*aturday

2? #ovember 2!"0.

Election 8ana%er A senior election official appointed by the %lectoral &ommissioner to conductan election for one or more electorates.


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Election O!!ice The location from where the %lection +anager conducts the election for oneor two 7istricts.

Election O!!icial An authorised person appointed by the %lection +anager to assist the Voting&entre +anager with voting and counting at an election day voting centre.

Election 0eriod n relation to an election, means the period that starts on the day on whichthe writ was issued for the election and ends at ;. pm on election day.

Elector A person whose name appears on the electoral roll for the election.

ElectoralCommissioner

A person appointed by the Eovernor4in4&ouncil to be responsible for theadministration of electoral law in Victoria. The %lectoral &ommissioner is the&hief %$ecutive Candidate#or


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Recount A re4e$amination and count of all formal and informal ballot papers before thedeclaration of an election.

Re%ion An electorate for the 'egislative &ouncil. There are eight 1egions, eachelecting five members and comprising of !! 7istricts.

Re%istered 0olitical0arties ?R00s@

The V%& maintains a 1egister of olitical arties. To be eligible forregistration, parties must have at least ( members who are Victorianelectors and not members of another registered political party.

1egistration entitles a registered political party to have the registered partydetails placed ne$t to its candidate/s0 names on the ballot paper/s0.

"crutineer A person appointed by a candidate to observe certain procedures on thecandidates behalf at an election.

"ilent Elector An elector whose address details are not included on the roll because of a

request made under section )! of the Electoral Act 2002. Their address islisted on the roll as HAddress *uppressedI. *uch a person has declared thatthe inclusion of his or her address details on the roll will place that persons orfamilys safety at risk.

Victorian ElectoralCommission ?VEC@

The &ommission responsible for the conduct of state arliamentary elections.n addition, it is responsible for the conduct of local council elections wherecontracted to do so.

The V%& is established under section ; of the Electoral Act 2002.

Votin% centre A venue appointed by the V%& for voting at an election as3an early voting centre6

a mobile voting centre6 or

an election day voting centre.

#rit !or Election An order to the %lectoral &ommissioner that an election be held. The :ritspecifies key election dates.


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'$ E-ECTION #RIT"

1eference 4Electoral Act 20024 sections ;! to ;", !2!.

Issue o! the #rit :rits are issued by the Eovernor for *tate elections and the *peaker of the

'egislative Assembly for by4elections for the 'egislative Assembly, and areaddressed to the Victorian %lectoral &ommission. The %lectoral&ommissioner then advises each %lection +anager of the key election datesand directs each one to make the appropriate election arrangements. J%A ss.;!, ;"K

The writ specifies the critical election dates3

close of rolls for the election, which is >. pm, seven days after the date ofthe issue of the writ. J%A s. ;)/20,/)0,/"0K Any claim for enrolment ortransfer of enrolment received after that time cannot be included on a rollfor the election6

close of nominations, which must be ! days after the issue of the writ. J%A s.

;)/(0K6 andelection day.

Declaration o! theElection and theReturn o! the #rit

%ach %lection +anager, as soon as convenient after the result of the electionis known, publicly declares the result of the election and announces the nameof the candidate elected. After such a statement has been received fromevery %lection +anager, the %lectoral &ommissioner endorses on the writ thename of each candidate elected and returns the writ to whoever issued itLthe Eovernor or the *peaker of the 'egislative Assembly. J%A s. !2!K

The date fi$ed for the return of the writ must be within 2! days after election

day. J%A s. ;!/"0K


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)$ TI8E-INE 9OR T4E "TATE E-ECTION )*'(

nformation *ession /ndependentcandidates0 at V%& 2. pm

#


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,$ CON"TITUTION AND -E&A- .UA-I9ICATION" 9ORCANDIDATE"

1eference 4Constitution Act 19754 sections "" to ;!A.

Eli%ibility !orNomination A candidate for either -ouse must be enrolled as an elector. Therefore, he orshe must be3

at least !> years old6

a Victorian resident6 and

an Australian citiNen6 or

a British sub5ect who was on either a Victorian or &ommonwealth electoralroll at any time between 2; ) and 2( Ganuary !?>" inclusive.JConstitutionAct 1975 ss ""/!0, ">/!0K

The Constitution Act 1975J%A s. ""K disqualifies the following persons frombeing elected to either -ouse3

a person not enrolled as an elector6an elector who is a 5udge of a court of Victoria6

an elector who has been convicted or found guilty of an indictable offence,which is punishable upon first conviction by imprisonment for life, or for aterm of five years or more. This offence must have been committed by himor her when !> years or over, under the law of Victoria, or under the law ofany other part of the British &ommonwealth of #ations6

an elector who is an undischarged bankrupt6 or

a person who is a member of either -ouse of arliament of the&ommonwealth.

A person who holds an office of profit under the &rown, including anemployee in the Victorian or &ommonwealth ublic *ervice, is notdisqualified from standing for election to *tate arliament by reason only ofholding an office of profit under the &rown. The election to *tate arliamentof such a person automatically terminates his or her tenure of the office inquestion. JConstitution Act 1975 /s.;!0K

A person who is a municipal councillor J+ocal oern%ent Act 1989s. 2>AK, or employed in the Victorian or &ommonwealth ublic *ervice iseligible to stand for election, but will cease to be qualified for the previousposition as soon as they become a +ember of arliament.

&ertain contractors with the &rown cannot sit in *tate arliament.

JConstitution Act 1975/ss.("4(>0K

The qualifications to be a member of either -ouse of the Victorian arliamentare the same. -owever, a member of either -ouse cannot be elected to or sitas a member of the other -ouse. JConstitution Act 1975 /ss.2?, );0K

ntending candidates must be enrolled before the close of roll.

8ultipleNominations

An elector cannot nominate as a candidate for more than one election to beheld on the same day. J%A s. ;?/;0K f this occurs, all of his or her nominationsas a candidate are declared void and the deposits paid in respect of thenominations are forfeited. J%A s. ;?/=0K


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($ NO8INATION 0ROCEDURE"

1eference 4Electoral Act 20024 sections ;> to ;?.

Complete aNomination 9ormOnline?IndependentCandidates@

The V%& encourages independent candidates to complete their )o%ination3or% online using the V%&s &andidate -elper at vec.vic.gov.au

The online &andidate -elper will guide intending candidates through eachpart of the )o%ination 3or% This is an easy process and will allowcandidates to check and change details before final submission. t isespecially important that any contact details provided for publication arecorrect, as once they are displayed on the V%&s website, changes may takesome time.


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&heques should be made payable to the HVictorian %lectoral &ommissionI.0ersonal cheues or money orders cannot be accepted$

The nomination deposit will be returned to the candidate, or someoneauthorised by the candidate, if the candidate3

is elected6

receives at least "P of the first preference votes in the electorate6

retires before the close of nominations6dies before ;. pm on election day6 or

is a candidate in a failed election.

All other candidates forfeit their deposits. J%A s. !>K

#hen and #hereto Nominate

#ominations can only be lodged after the issue of the writ. t is advisable tonominate early in the nomination period to ensure there is sufficient time toresolve any issues that may arise.

8or candidates notendorsed by a registered political party, a completed

)o%ination 3or%must be lodged by ') noon on 9riday '( November )*'(with the %lection +anager. J%A s. ;?/)0K t is the candidates responsibility toensure that his or her nomination is received by the %lection +anager beforethe deadline.

1egistered political parties must nominate their endorsed candidates directlywith the V%& after the issue of the writ and be!ore ') noon on Thursday', November )*'(.J%A s. ;?/20K

A fa$ed )o%ination 3or%will not be accepted.

'ate nominations cannot be accepted.

Nomination 9orm The )o%ination 3or%completed by the candidate must include3the candidates name and address as it appears on the roll6contact details for publication6a statement specifying the form in which their given name/s0 are to be printed

on the ballot paper. A given name may be replaced by3an initial or a commonly accepted variation or abbreviation of that name6 ora commonly used other name by which the candidate is usually identified. n

this case a candidate will be required to produce evidence to thesatisfaction of the %lection +anager that it is a name by which thecandidate is usually identified6

in the case of a candidate not endorsed by a registered political party,

signatures, enrolment addresses, and dates of birth of at least si;peopleentitled to vote for the 7istrict for which the candidate is nominating6

in the case of a candidate endorsed by a registered political party, thesignature of the registered officer of the party and the form in which thepartys name is to appear on the ballot paper6

the consent of the nominated candidate6 anda declaration signed by the candidate that the candidate is qualified under the

Constitution Act 1975to be elected. J%A s. ;?/20,/)0,%1 8orm 8K

#ote3 :hen specifying the way their name is to appear on the ballot papercandidates %ust

print their 8A+'Q #A+% and #TA'* in capitals, e.g. *+T-, T. %. /ensurethe format of initial/s0 includes a full stop and, if more than one initial, aspace is between each letter, e.g. T. %.06


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print their given name/s0 in title case, e.g. Gohn . or Goan Anne6 and

clearly specify on the form if their family name has any lower case letters oraccents, e.g. +acA'*T%1, van '%:, or E'A*R.

#o affiliations or titles /e.g. 7r, rof.0 may appear on a ballot paper beside thename of any candidate.

Retirement o! aCandidate

A candidate who is not endorsed by a registered political party may withdrawtheir nomination by lodging with the %lection +anager a notice of retirement,at any time up to the close of nominations.

A candidate endorsed by a registered political party may withdraw theirnomination by lodging with the %lectoral &ommissioner a notice of retirementat any time before !2 noon on the day be!orethe close of nominations.

The nomination is then cancelled and the deposit refunded. J%A s. =!K

Death o! a

Candidate

f a nominated candidate dies before the close of nominations, the

nomination period is e$tended by a day. J%A s. ;)/;0Kf a candidate dies between the close of nominations and ;. pm on electionday, or if the successful candidate dies after ;. pm on election day andbefore being declared elected, the election fails and the deposits lodged onnomination are returned. J%A ss. =2/!0, !>/!0K A new writ is issued foranother election in that 7istrict. J%A s. =2/20/c0K The supplementary election isheld using the roll prepared for the original election. J%A s. =2/"0/a0K

UncontestedElections

f, by the close of nominations only one candidate has nominated at anelection, the %lection +anager declares that candidate elected on nominationday. J%A s. !2!/!0K

CandidateContact Details0ublicly Available

&andidates should note that candidate contact details for publication, asspecified by the candidate on the )o%ination 3or%, automatically becomepublicly available once quality assurance processes have been completed.

The V%& will publish candidate contact details on its website, and will providethe media with candidate contact details.

Candidate Details0rovided to

0arliamentary"ervices

The V%& will provide the name, postal address, phone number, and emailaddress of candidates to arliamentary *ervices so that contact with

successful candidates can be made immediately after the declaration of theresult. 1efer to &hapter 2 for more information.

Nomination9orms notAvailable !orInspection

A candidates )o%ination 3or%is not available for inspection.J%A s. ;?/>0K

-ist o!Nominations on

Display

A summary of nominations, including the contact persons details for eachcandidate, will be updated at the end of each business day and displayed at

the election office J%A s. ;>K and on the V%&s website.

Correct The V%&s electronically assisted voting facility enables electors to hear an

?


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0ronunciation o!Candidate Names

auditory description of the ballot paper. This description includes the namesof all candidates.

n order to ensure that the V%& uses the correct pronunciation of candidatenames, a sample audio file for each candidate will be uploaded onto the V%&website /vec.vic.gov.au0 as soon as possible following the lodgement of eachnomination. &andidates will be able to check that the pronunciation is correct.

Any candidates who would like to change the pronunciation of their name willbe able to call a message bank service to confirm the correct pronunciation.The message bank service number will be included on the V%& website.

The service will operate from ?. am on :ednesday ( #ovember to(. pm on 8riday !" #ovember 2!".

&andidates should not call this service until they have lodged their)o%ination 3or%and checked the sample audio file on the website.

The service will request the following information3

candidate name6

electorate for which the candidate is nominating6

a contact phone number6 andthe pronunciation of the candidate name as it will appear on the ballot paper

/surname first, then given name/s00.

@nless corrected by a candidate, the candidate name pronunciation given bythe V%& will be used for the electronically assisted voting facility.

+$ E-ECTORA- RO--" 9OR CANDIDATE"

An electronic copy of the roll for the 7istrict a candidate has nominated for

will be emailed to candidates who request it. This is the only way the roll willbe supplied.

All candidatesrequiring a copy of the roll must sign the Electoral (ollCon&i!entiality Agree%ent#$12taking full personal responsibility for theconfidentiality of the data, and provide an email address for its delivery. Theform cannot be signed by a candidates representative. A fa$ed signature isacceptable on this declaration. This form is to be lodged with the %lection+anager at the time of nomination.


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absolute privacy. The roll contains electors personal information. %lectors arerequired by law to provide their personal information to the V%& for thepurpose of enrolment. f electors believe their personal information is beingmisused then they will be reluctant to maintain their enrolment.

%nrolment information is protected information under Victorias electoral lawand candidates must not disclose protected information other than for apermitted purpose in connection with the candidates campaign.

A candidate may use the roll information to send electors campaign material.A candidate may provide the roll to a mailhouse for the purpose of directmailing electors with campaign material. -owever, the candidate remainsresponsible for ensuring that the mailhouse does not disclose the informationfor another purpose.


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The !ollo5in% provisions operate all the time$

Electoral 8aterialand Electoral8atter

%lectoral material is an electoral advertisement, handbill, pamphlet, or noticethat contains electoral matter. J%A s.)K

%lectoral matter means matter which is intended or likely to affect voting in anelection.

:ithout limiting the generality of the definition of electoral matter, matter istaken to be intended or likely to affect voting in an election if it contains ane$press or implicit reference to, or comment on3

the election6

the Eovernment6

the


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ptv9victoria4s4pt4network9fundraising4and4campaigning4activity4on4the4pt4network0 inrelation to the distribution and display of material on public transport facilities.

The !ollo5in% provisions operate only durin% an election period that isin the period bet5een the issue o! the 5rit and /$** pm on election day$

Identi!ication o!Authors

7uring an election period, all articles, reports, or letters containing electoralmatter which are printed, published, or distributed in a newspaper, circular, orpamphlet must include the name and address of the author at the end/FAddress does not include a post office bo$ number0.

-owever, letters in a newspaper simply have to include the authors nameand the suburb or locality in which the authors address is located.

The identification requirement does not apply to a newspaper leading articleor an article that is solely a report of a meeting. J%A s. >;K

#E)A+4 3ie penalty units &or an in!ii!ual an! 25 penalty units &or a o!y corporate

8isleadin% orDeceptive8aterial

7uring an election period it is illegal to print, publish, distribute, permit, orauthorise3

anything that is likely to mislead or deceive an elector in relation to thecasting of their vote6 or

electoral material containing a representation of a ballot paper that is likely toinduce an elector to vote otherwise than in accordance with the directionson the ballot paper. J%A s. >" /!0 and /20K

#E)A+4 60 penalty units or si. %onths i%prison%ent &or an in!ii!ual an!$00 penalty units &or a o!y corporate

1efer to &hapter 22 F&omplaints for more information concerning misleadingor deceptive material.

8atter 2roadcastor Televised

The broadcast on radio or television of all political and election matter/including election advertisements0, must comply with the requirements setout in *chedule 2 of the roa!casting 'ericesAct 1992/&ommonwealth0.

The V%& is not in a position to offer any advice regarding the operation of&ommonwealth legislation. Any enquiries concerning the operation of theabove &ommonwealth Act should be directed to3

Australian &ommunications and +edia Authority

< Bo$ !)!!2 'aw &ourts, +elbourne Vic >!Tel3 /)0 ??;) ;>8a$3 /)0 ??;) ;>??

!)


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3$ 4O#6TO6VOTE CARD"

1eference 4 Electoral Act 20024 sections == D >2A, !(;, !(= and the %lectoral1egulations 2!2 /1egulations !; D !>0.

4o56to6vote Cardsat Election Day

Votin% Centres

1egistered how4to4vote cards are the only form of printed electoral materialpermitted to be distributed within " metres of a voting centre on election day.J%A s. !(;/!0K

#E)A+4 60 penalty units or si. %onths i%prison%ent

This restriction does not apply to posters, bunting and similar material, materialin campaign offices, or the normal distribution of newspapers.J%A s. !(;/"0K

ersons in charge of voting centres are empowered to require a personreasonably suspected of distributing unregistered how4to4vote cards to producetheir how4to4vote cards for inspection and to hand over all unregistered cards.J%A s. !(=K 8ailure to comply is an offence.

#E)A+4 10 penalty units

4o56to6vote Cardsat Early Votin%Centres

-ow4to4vote cards distributed at early voting centres are not reuired to bere%istered. They are required to contain the name and street address of theperson authorising the card and the name and place of business of the printer.J%A s. >)/!0K

#E)A+4 10 penalty units &or an in!ii!ual an! 50 penalty units &or a o!y corporate

They must not contain material that is likely to mislead or deceive an elector inrelation to the casting of the vote of the elector. J%A s. >"K

#E)A+4 60 penalty units or si. %onths i%prison%ent &or an in!ii!ual an!$00 penalty units &or a o!y corporate

4o56to6vote Cards

at 8obile Votin%Centres

-ow4to4vote cards carried by election officials at mobile voting centres must bere%istered.

t is for the party, candidate, or other person to provide printed copies ofregistered how4to4vote cards to %lection +anagers for inclusion in materialcarried by mobile voting teams. The V%& will not facilitate distribution to%lection +anagers.

:hen registered how4to4vote cards have been provided, the %lection +anagerwill enclose the how4to4vote cards in several folders in the same order ascandidates or group names appear on the ballot paper.

+obile voting teams will advise electors that how4to4vote cards have beensupplied and provide electors with a folder of cards if so requested.

J%A s. ;(/"0K

Re%istration All cards are registered by the Victorian %lectoral &ommission /V%&0. Anyperson may lodge cards for registration with the %lection +anager appointedwithin the electorate that the card relates to. J%A s. ==K 1egistered politicalparties must lodge cards for registration directly with the V%&.

Applicants are encouraged to discuss drafts of their card with the V%& or their%lection +anager before submitting their card for registration.


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&hapter 2.

%ach card submitted for registration must be a single card for a 7istrict electionor for a 1egion election. *ample how4to4vote card templates are in Appendi$ 2.

Applicants should submit an electronic copy of the how4to4vote card on a @*Bkey in G%E or 78 format. This copy must be in print ready !ormataschanges or errors introduced during the formatting and printing process couldchange the registration status of the card. Applicants must also provide twohard copies of the card in print ready !ormatat the time of lodgement.

The final print version that is submitted mustinclude the following endorsementat the bottom of the card3

Authorised by: Bname and street address of authoriser, not PO Box0rinted by: Bname and place of businessRe%istered by the Victorian Electoral Commission

&ards must not be handed out until confirmation is received from the V%& thatthe card has been registered. Do nothave cards printed until registration is

approved.AHow-to-vote Card Checklist/Appendi$ !0 and sample cards/Appendi$ 20will assist in the preparation of how4to4vote cards.

&heck each item as it applies to the card, paying particular attention to thespelling of candidates names. The %lection +anager and the V%& will alsocheck each item when the card is submitted.

The applicant must make a declaration on the prescribed form concerning his orher identity and the party, organisation, or person on whose behalf the card willbe distributed. f the card includes a section in a language other than %nglish,the applicant must also submit a translation of that section and sign a

declaration that the translation is fair. J%A s. !">KIndictable Offence#E)A+4 &or &alse !eclaration 600 penalty units or &ie years i%prison%ent

A form for this purpose /How-to-ote Car! "eclaration #$050 is included in the&andidate it. The completed form must be provided by the applicant alongwith the copies of any how4to4vote cards being submitted for registration. A newcompleted declaration is required if an applicant lodges additional cards at othertimes during the how4to4vote card registration period.

To be registered a card must3

clearly identify the person, political party, organisation, or group on whosebehalf the card is to be distributed6

contain an indication of the order of voting preference for all candidates listedon the card orcontain a statement that a number must be placed against thename of each candidate6

have the siNe of any logo, emblem, or insignia belonging to the person, politicalparty, organisation, or group on whose behalf the card is to be distributedappearing on the how4to4vote card at not less than the relevant prescribedsiNe of " square centimetres /"cm20. eep in mind this criteria if printing acard at a different siNe to when it was registered6

contain the name and street address /not a post office bo$0 of the person

authorising the card and the name and place of business of the printer6not be likely to mislead or deceive an elector in casting their vote. 8or e$ample,

a card for a 7istrict election that contains empty bo$es may induce theelector to cast an informal vote, and as such would not be registered6

!(


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not be likely to induce an elector to mark their vote otherwise than inaccordance with the directions on the ballot paper6

not contain offensive or obscene material6 and

contain the prescribed endorsement i.e. 1egistered by the Victorian %lectoral&ommission. J%A s. =?, %lectoral 1egulations 2!2, regulations !>, !>AK

Applicants are encouraged to use the 'a%ple How-to-ote Car!supplied by the

%lection +anager, which has the correct spelling of candidate names with theirorder on the ballot paper and the correct wording for authorisation andregistration.

A list of candidate names in ballot paper order will also be available on the V%&website or from the %lection +anager for this purpose.

#ote3 F1egistered by the Victorian %lectoral &ommission must notbe includedon cards that have not completed the registration process but are to bedistributed prior to election day.

Use o!

0hoto%raphs and.uotes on 4o56to6vote Cards

f intending to include photographs on the how4to4vote card that include people

other than the candidate, photographs that clearly identify members of aparticular organisation, or quotes from people other than the applicant, it isstrongly advised to ensure permission has been gained from the people ororganisations concerned to use the image and9or quote/s0 in the conte$t of ahow4to4vote card.

There have been instances where people or organisations have ob5ected to theuse of photographs or quotes on how4to4vote cards because it has promoted aview that the person or organisation is supporting that candidate.

:hile the use of photographs or quotes in most cases would not preventregistration of the card, applicants are reminded to ensure proper protocols are

followed to avoid disputes that could consume time away from their electioncampaign.

The V%& will not accept any responsibility to advise candidates on potentiallycontentious photographs or quotes, and the V%& has little authority to regulatethe use of photographs or quotes unless they are offensive or obscene.

Decision on4o56to6voteCardApplications

Before noon on the ne$t day after receiving a how4to4vote card the V%& willinform the applicant that they are3

registering the how4to4vote card6 or

refusing to register the how4to4vote card.

-ast Day"ubmissions

Applicants are advised not to leave submission of their card for registration untilthe last minute. f applicants submit their application on the last day /8riday2! #ovember 2!"0, the V%& will not advise applicants of its decision until thene$t day. f the card does not meet the requirements for registration, it will betoo late for the applicant to resubmit a card for registration and they will not beable to3

distribute their card within " metres of voting centres on election day6

have their card displayed on the web6 or

have their card included with how4to4vote cards carried by mobile voting teamsvisiting mobile voting centres.


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Revie5 o!Decision

Any person may apply to the Victorian &ivil and Administrative Tribunal for areview of the V%&s decision on a how4to4vote card no later than !2 noon onthe ne$t working day after the V%& has advised the applicant of that decision.

The Victorian &ivil and Administrative Tribunal must make a decision no laterthan (. pm on the ne$t working day after receiving the application.J%A s. >2AK

Inspection o!Cards

As soon as practicable after registration, registered how4to4vote cards will bedisplayed on the V%&s website, vec.vic.gov.au J%A s. >2K Any person has theright to inspect a card at the office of the V%&, once it has been registered.J%A s. >2K

Alterations toRe%istered 4o56to6vote Cards toCorrect an Error

f an alteration is required on a registered how4to4vote card to correct an error,the person who applied for the registration must submit an amended version tothe V%& for registration no laterthan ') noon on the !i!th 5or/)0/b0K

7$ 0O"TA- VOTIN&

7uring the *tate election, the V%& will establish a centralised processingcentre to handle postal vote applications. The centralised processing centre willminimise any delays in electors receiving their postal voting papers.

%lectors can obtain an application for a postal vote from3

any post office6

election offices6the V%& website6

any of the interstate and overseas early voting centres6

by telephoning the V%& election hotline number on ',' 3,)6 or

!=


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candidates and political parties.

7irections for lodging completed applications with the V%& are included on theapplication and at vec.vic.gov.au

f candidates require a small supply of postal vote applications they shouldmake a request to the %lection +anager.

&andidates or registered political parties who wish to produce their own postalvote applications should follow the V%&s protocol in relation to postal voting. Acopy of the protocol can be obtained from the V%&.

ostal vote applications cannot be dated prior to the ssue of the :rit and mustbe received at the V%& by ;. pm on Thursday 2= #ovember 2!". 1efer tothe %lection Timeline in &hapter 2.

&andidates may appoint scrutineers to observe the preparation of ballot packsat the V%&s mailhouse and the return of completed postal vote declarationenvelopes to the V%&s central processing centre. &andidates and partiesshould contact the V%& or their %lection +anager for venue details includingoperation times.

'*$ E-ECTION DA= VOTIN& CENTRE"

Voting takes place between >. am and ;. pm on election day at appointedvoting centres within each electorate.

The %lection +anager will provide candidates with a list of election day votingcentres within the electorate together with voting estimates for each venue. Afull list of election day voting centres is also available on the V%& website.

%lectors who attend an election day voting centre within their own electoratewill complete an ordinary vote.


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These electors will be required to provide proof of identity in the form of anAustralian 7river 'icence, current Victorian 1ates #otice, current electricityaccount, current Victorian identification /defined as current identification issuedto a person by the *tate or a statutory authority that includes the personsname, residential address, date of birth, and photograph, e.g. a proof of agecard0, or any other acceptable form of identification prescribed by the %lectoral1egulations 2!2.

f they do not have a proof of identity document with them, they can nominateVic1oads, their local &ouncil, or their electricity provider to enable the V%& toverify their identity after election day. The elector will be required to complete adeclaration envelope and enclose their completed ballot papers in theenvelope. The V%& will check these applications after election day.

''$ EAR-= VOTIN& CENTRE"

The V%& will appoint early voting centres at suitable locations throughoutVictoria, interstate, and overseas.

%lectors who are unable to get to an election day voting centre can votebeforehand at an early voting centre.

%arly voting centres will operate from the first working day after the close ofnominations to ;. pm on the day before election day. 7etails of all earlyvoting centres will be available on the V%& website.

%lectors may vote in person at3

any early voting centre in Victoria /including +elbourne and Avalon Airports06or

any of the interstate and overseas early voting centres.

The V%& can determine the hours of operation of early voting centres.&andidates can obtain this information from the %lection +anager. -ours ofoperation will also be advertised.

8or early voting hours refer to the %lection Timeline in &hapter 2. -owever,operating hours for the airports are different. *ee below3

+elbourne Airport?. am to !. pm on +onday != #ovember 2!".(. am to !. pm from Tuesday !> to Thursday 2= #ovember 2!",including *aturday and *unday.(. am to ;. pm on 8riday 2> #ovember 2!".

Avalon Airport?. am to >. pm on +onday != #ovember 2!".(. am to >. pm from Tuesday !> to Thursday 2= #ovember 2!",including *aturday and *unday.(. am to ;. pm on 8riday 2> #ovember 2!".

%lectronically assisted voting facilities are provided at all early voting centresin Victoria for electors who otherwise could not vote without assistancebecause of vision impairment, motor impairment, or insufficient literacy skills.

%lectronically assisted voting facilities are also available in 'ondon.

eople wishing to vote who cannot be found on the roll will be entitled to

apply to enrol and make a provisional vote, by completing a form and giving aproof of identity. The V%& will check these applications after election day.

!?


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')$ 8O2I-E VOTIN& CENTRE"

+obile voting centres are venues /typically hospitals and nursing homes0appointed by the %lectoral &ommissioner at which a team conducts mobilevoting in the period prior to election day. A mobile voting team may movearound the venue issuing early votes to patients and residents or establish astatic voting area within the venue for a period of time.

&andidates may appoint scrutineers to accompany the mobile voting team.

%lection +anagers will advise candidates of arrangements for mobile votingand the number of scrutineers permitted.

An itinerary listing mobile voting centres, dates, and times of visits will beprominently displayed in election offices before ". pm on the day precedingany visit. -owever, should it become necessary to vary the timetable,candidates and the centre administration will be advised.

&andidates should note that scrutineers are not permitted to display electionmaterial or distribute how4to4vote cards while accompanying the mobile team.

n addition, party9candidate workers are not permitted to canvass for votes ordistribute election material, including how4to4vote cards, within three metresof any entrance to the grounds containing the voting centre while voting is inprogress.

&andidates may provide printed copies of registered how4to4vote cards to%lection +anagers, to be included in folders carried by mobile voting teams.+obile voting teams will advise electors that registered how4to4vote cardshave been supplied and provide electors with a folder of the cards if sorequested. J%A s. ;(/"0K

eople wishing to vote who cannot be found on the roll will be entitled to

apply to enrol and make a provisional vote, by completing a form and giving aproof of identity. The V%& will check these applications after election day.


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',$ A""I"TANCE TO VOTE

%lectors may be assisted with voting in a number of ways3

election officials taking ballot material outside the voting centre when theelector is physically unable to enter the voting centre to vote6

using electronically assisted voting at early voting centres6 or

being assisted in the marking of their ballot material by an election official,scrutineer, or other person nominated by the elector.

*trict procedures are in place to enable scrutineers, if present, to witnesselection officials helping electors with their vote. The Voting &entre +anageror the %lection +anager will advise scrutineers of the procedures if an electorrequests special assistance to vote.

'($ COUNT O9 2A--OT 0A0ER"

The proposed timetable for 'ower -ouse counts is included in Appendi$ ) and a booklet describingcounting arrangements for the 'ower -ouse is available on the V%& website at vec.vic.gov.au9state4publications

&andidates can appoint scrutineers to observe any of the following activities.

0ostal Votes ostal vote declarations will be verified against postal vote applications in theelection office from +onday 2" #ovember 2!". %lection +anagers willadvise candidates of local arrangements.

The count of postal votes will commence at ;. pm on election day at theelection office. %lection +anagers will aim to complete the count of at least

2, postal votes per 7istrict on election night.

Election DayVotes

Votes cast on election day at voting centres are counted in voting centres,commencing at ;. pm.

8irst preference and two4candidate4preferred results will be phoned throughto election offices and posted on the V%& website.

Early Vote "ort All early and mobile votes cast at early and mobile voting centres within the7istrict/s0 each election office is responsible for will be sorted to theirrespective 7istricts and 1egions in election offices after ;. pm on election

day.

Countin% and other activities that ta


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Electronic Votes %lectronic votes cast via the V%&s electronically assisted voting facilities willbe decrypted and printed at a central V%& location after ;. pm on electionday. These ballot papers will be dispatched to their home 7istrict electionoffice on Tuesday 2 7ecember.

0rovisional Votes


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Declarations


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''( 0rocedure to ascertain the number o! votes 5here more than )candidates !or Assembly election

/!0 This section specifies the procedure to ascertain the number of votes foreach candidate at an Assembly election where there are more than 2candidates.

/20 n this section, asolute %a:ority o& otes means a number of votes

greater than one4half of the total number of ballot4papers /e$cluding ballotpapers which are required to be re5ected under section !!20.

/)0 *ubsections /20 to /"0 of section !!) are to be followed.

/"0 The candidate who has received the greatest number of first preferencevotes if that number constitutes an absolute ma5ority of votes is to bedeclared elected by the election manager under section !2!.

/(0 f no candidate has an absolute ma5ority of votes, the election managermustL

/a0 open all the sealed parcels containing used ballot4papers6 and

/b0 arrange the ballot4papers together with the ballot4papersspecified in section !!)/"0/b0 by placing in a separate parcel allthose on which a first preference is indicated for the samecandidate6 and

/c0 omit the ballot4papers which require to be re5ected6 and

/d0 declare the candidate who has obtained the fewest firstpreference votes to be a defeated candidate6 and

/e0 distribute the ballot4papers counted to the defeated candidateamongst the non4defeated candidates ne$t in order of the votersS

preference./;0 After the distribution, the number of votes given to each non4defeatedcandidate must again be ascertained.

/=0 f no candidate then has an absolute ma5ority of votes, the process ofdeclaring the candidate who has the fewest votes to be defeated anddistributing the ballot4papers amongst the non4defeated candidates ne$t inorder of the votersS preference is to be repeated and the votes recountedafter every redistribution until one candidate has obtained an absolutema5ority of votes.

/>0 The candidate who obtains an absolute ma5ority of votes is to be declared

elected by the election manager under section !2!./?0 f on any count 2 or more candidates have an equal number of votes andone of them has to be declared defeated, the candidate whose name isdrawn by the election manager by lot in a manner determined by the&ommission, either manually or by computer, is to be declared defeated.

/!0 f on the final count 2 candidates have received an equal number ofvotes, section !!= applies.

/!!0 f the &ommission so directs in writing, the procedure referred to insubsection /(0 is to include a scrutiny of preferences /other than firstpreferences0 on such of the ballot4papers as is required by the direction,

conducted in the manner specified in the direction.

'/$ "CRUTINEER"


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1eference 4Electoral Act 20024 section =;, and the 'crutineer Han!oo;/published by the V%&0.

Role o!"crutineers


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'1$ 9OR8A-IT= O9 2A--OT 0A0ER"

7istrict formality rules are3

each ballot paper must have a number ! in, ad5acent to, or level with onebo$6

all bo$es should be numbered using the full sequence of numbers as

indicated on the ballot paper. The only e$ception is where onebo$ is leftblank and would logically have contained the last preference, i.e. with si$candidates, the number ; may be omitted6

more than one bo$ left blank makes the vote informal6

any duplication or omission of a number from the sequence makes thevote informal6

numbers ne$t to, or on the other side of the names, are acceptableproviding the electors intention is clear6

amendments are acceptable providing the electors intention is clear. Allother marks are to be ignored6

the number F /Nero0 makes the vote informal. t is outside the range ofnumbers indicated in the instructions on the ballot paper6

poorly formed numbers must be considered in the conte$t of the wholeballot paper and are acceptable if they can reasonably be construed asnumbers comprising part of the sequence6

unconventional but recognisable numbers such as continental !s and =sare acceptable. 1oman numerals are also acceptable if all numbers areclearly represented in this format.


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2=

8


36/60

8


37/60

2?


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Dama%ed 2allot 0apers

%lection officials from time to time may come across ballot papers thathave been torn or cut. :here ballot papers are cut or torn duringprocessing by an election official, and the different parts can be identifiedbeyond doubt as having originated from the same ballot paper, officials willtape the pieces and count as one ballot paper.

:here an official can determine an elector had access to all candidate andparty information on the ballot paper when recording their preferences,such a ballot paper can be ruled Fformal if all formality requirements haveotherwise been met. f from the intact part the official can determine thatthe elector had access to the names of all candidates, their affiliations and,in the case of the 'egislative &ouncil /1egion ballot papers0 their locality,then look at the formality requirements.

n situations where the ballot paper has been torn across one of the bo$esfor recording preferences, the ballot paper may still be deemed formal ifthe preference recorded in the bo$ can be determined. *ee the followinge$amples.

-e%islative Assembly

9ormal3 All the preferencesare discernible.

In!ormal3 The number " ismissing and the officialcannot be sure that it e$isted.

9ormal3 As long as the paper canbe identified as being printed bythe V%& the removal of theofficials initials does not make theballot paper informal.


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'3$ E-ECTION O99ENCE" 2E9ORE AND ON E-ECTION DA=

1eference 4Electoral Act 2002for a detailed description of all electoraloffences. The following is a brief list of certain electoral offences.

0ostal Votin% #o candidate may witness the signature of an elector applying for a postal

vote for the electorate which the candidate is contesting. J%A s. ) /authorisedwitness0K

An authorised witness must not witness the signature of any elector to anapplication for a postal vote unless he or she3

is satisfied as to the identity of the applicant6

has seen the applicant sign the application6 and

is satisfied that the statements in the application are true. J%A s. !2K#E)A+4 3ie penalty units

2ribery The provisions relating to bribery are set out in section !(! of theElectoralAct 2002.

Inter!erence 5ith0olitical -iberty

#o one shall hinder or interfere with the free e$ercise or performance of anyother persons political right or duty relevant to an election. J%A s. !(2K

Indictable Offence#E)A+4 600 penalty units or &ie years i%prison%ent

Conduct nearVotin% Centres

The following acts are prohibited within three metres of the entrance of, orwithin, the building used as a voting centre3

canvassing for or soliciting votes6inducing any elector not to vote for any particular candidate, or not to vote atthe election6

e$hibiting any notice or sign /other than an official one0 relating to theelection6

conducting an e$it poll6 or

if the person is an election official or a scrutineer, wearing any badge orslogan of a candidate or political party. J%A s. !(>K

#E)A+4 3ie penalty units

:hen a voting centre is situated in enclosed grounds and there is displayedan official notice stating that the grounds are part of the voting centre, thosegrounds are considered to be part of the voting centre for the purpose of theoffences described above. J%A s. !(>/)0K

"ecrecy o! Vote %$cept as authorised under the Act, a person who is present when an electorvotes must not ascertain or disclose the electors vote, attempt to induce theelector to show how the elector intends to vote, communicate with the electorduring voting, or look at the electors vote. J%A s. !("K

#E)A+4 120 penalty units or one year i%prison%ent

0rohibition o!

0ubliclyDisseminatin% E;it0oll Results

A person must not, during the hours of voting, publicly disseminate, or cause,

permit or authorise the public dissemination of the results of any e$it pollcarried out at an election day voting centre. J%A s. !((K#E)A+4 60 penalty units or si. %onths i%prison%ent

)!


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0rohibition o! Useo! 0ublic Address"ystem

7uring the hours of voting, no candidate or other person shall use any loudspeaker, public address system, amplifier or other device to disseminate anymatter likely to affect the result of the election, or make a public demonstrationabout an election, within " metres of the entrance of, or within the buildingused as a voting centre. J%A s. !(?K%#A'TQ3 K


8isconduct in aVotin% Centre

Any person who wilfully obstructs procedures, behaves in a disorderlymanner, or causes a disturbance at a voting centre may be removed from thevoting centre by the police. J%A s. !="K

Compulsory Votin% Voting is compulsory for all electors, including candidates, for the electoratefor which they are enrolled. J%A ss. !;;, !=K

#E)A+4 Hal& a penalty unit

Votin% O!!ences A person must not vote in the name of another person, vote more than once,or apply for a ballot paper in the name of another person.J%A s. !(K


Inunctions f a person has engaged, is engaging, or is proposing to engage in anyconduct that would constitute a contravention of the Act or any other law ofVictoria in its application to elections, the *upreme &ourt may, on the

application of a candidate or the V%&, grant an in5unction restraining theperson from engaging in the conduct. J%A s. !=;K

*imilarly, if a person has refused or failed, is refusing or failing, or isproposing to refuse or fail to do an act or thing and the refusal or failure was,


41/60

is, or would be, a failure to comply with the Act or any other law of Victoria inits application of elections, the *upreme &ourt may, on the application of acandidate or the V%& grant an in5unction requiring the person to do that actor thing. J%A s. !=;K

'7$ RECOUNT" TIED AND DI"0UTED E-ECTION"

Recounts A recount may occur if the result of an election is e$tremely close. 1ecountsshould not be confused with a routine recheck of votes. A recount can onlyoccur prior to the declaration of the result of an election. J%A s. !2K

A recount will involve a full re4e$amination of all ballot papers and will followthe same process as the original count.

A recount can occur in three ways3

as a result of a written request received by an %lection +anager from a

candidate. The letter must detail the reasons for the request for a recount6an %lection +anager may decide to conduct a recount6 or

the %lectoral &ommissioner may direct an %lection +anager to conduct arecount. J%A s. !2K

The %lection +anager is not obliged to conduct a recount automatically onthe request of a candidate.

The %lection +anager conducting a recount may, and at the request of ascrutineer shall, reserve any ballot paper for the decision of the %lectoral&ommissioner. J%A s. !2/"0K -owever, if the number of reserved ballotpapers cannot alter the outcome of the recount, the %lection +anagers

decision is final on these papers. J%A ss. !?/20/c0,!2/(0K&andidates should note that the %lection +anager conducting a recount hasthe same powers as if the recount were the original count, and may reverseany decision to admit or re5ect a ballot paper. J%A s. !2/)0K

t is most desirable that candidates, particularly a candidate requesting arecount and any other candidate who could possibly win the election as aresult of a recount, be represented by scrutineers during the recount.

Tied Elections f, on the final count, two or more candidates have an equal number of votes,the following provisions apply3

the %lection +anager must declare that the election is tied6within !" days of the declaration that the election is tied, the V%& or a

candidate who has the same number of votes as another candidate at theelection may petition the &ourt of 7isputed 1eturns, and the &ourt of7isputed 1eturns may declare that one of the candidates is elected, orthat a new election must be held6 and

if !" days after the declaration that the election is tied, the &ourt of 7isputed1eturns has not been petitioned, the election is declared absolutely voidand a new election must be held. J%A s. !!=K

DisputedElections The validity of any election may only be disputed by a petition to the &ourt of7isputed 1eturns. J%A s. !))K

A candidate, an elector, or the &ommission may petition the &ourt of

))


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7isputed 1eturns. The petition must be filed with the rothonotary of the*upreme &ourt within " days after the return of the writ.

rocedures for disputing an election are laid down in 7ivision 2 of art > oftheElectoral Act 2002. Those contemplating a challenge should consult theirown legal advisers.

)*$ 0AR-IA8ENTAR= INDUCTION 9OR "UCCE""9U-CANDIDATE"

&andidates /including current members0 will not be recognised by the arliamentof Victoria as the successful candidate for their electorate until the result hasbeen formally declared by the V%& %lection +anager and communicated to the&lerk of the arliaments.

rovision of services to +embers of arliament will not commence until theofficial V%& advice for each electorate is received by the &lerk of thearliaments and communicated to the %lection &oordinator.

8ollowing receipt of official advice, the arliament of Victoria will contactsuccessful candidates to begin the process of allocating entitlements /includingelectorate office, motor vehicle and salary0 and scheduling time for a formalinduction program. The V%& will provide the arliament with contact details forall candidates as provided on )o%ination 3or%sfor this purpose.


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)'$ 0RIVAC=

The V%& is sub5ect to the *n&or%ation #riacy Act 2000/A0 and handles all ofthe personal information it collects and holds in accordance with the nformationrivacy rinciples /s0.

Although a candidateSs )o%ination 3or%is not available for public inspection,by nominating for an election a candidate is taken to understand that the V%& isrequired to disclose certain personal information about the candidate. Thesedisclosures, which are governed by legislation, are as follows3

once nominations for an election close, the V%& will make each candidatesname and contact details publicly available by publishing these details on theV%&s website, releasing them to the media, and by making them availablefor inspection at election offices. J%A ss. ;>, =)K *ee &hapter " H#ominationroceduresI6 and

candidates names will appear on ballot papers and how4to4vote cards and,where appropriate, will appear together with the name of the registeredpolitical party that has endorsed the candidate. J%A ss. =", >2K *ee &hapters; FThe Ballot aper and > F-ow4to4vote &ards.

All candidate names, postal addresses, phone, and email details will also beprovided to arliamentary *ervices to enable contact with successful candidatesregarding their introduction into arliament.

All internal uses of candidates personal information by the V%& are eithere$pressly specified by, or necessary to implement, the V%&s legislativerequirements /the Electoral Act 2002/. These legislative requirements includeprocessing applications to nominate for an election, to register a how4to4votecard, or for the payment of election e$penses, as well as monitoring thedistribution of electoral material at or near voting centres on election day.

The personal information about candidates that is collected, used, and disclosedby the V%& is fundamental to the running of an election. The V%& thus accordsthe highest priority to ensuring that this information is accurate, complete, andup to date.

@nder the 3ree!o% o& *n&or%ation Act 1982/8


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&omplaints should be addressed to%lectoral &ommissionerVictorian %lectoral &ommission'evel !!, () &ollins *treet+elbourne Vic )8a$3 /)0 ?;2? >;2"%mail3 complaintsvec.vic.gov.au

The %lectoral &ommissioner will write to the person who is the sub5ect of thecomplaint advising them that a complaint has been received and the nature ofthe complaint. This will allow the person who is the sub5ect of the complaint torectify the matter if necessary. The %lectoral &ommissioner will only divulge whohas made the complaint in very rare circumstances.

The V%& will not discuss individual complaints with members of the mediaunder any circumstance, not even to confirm or deny that a complaint has beenreceived. The V%& acts to minimise situations where it may becomeunintentionally involved in attempts by candidates or members of the public togain free publicity.

t is important to remember that the &ourt is the only authority that candetermine whether a breach has occurred and is the only authority that canimpose penalties following a successful prosecution action. The V%& will onlytake a matter to court where it is in the public interest and where it considersthere is sufficient evidence for a reasonable chance of success.

8isleadin% or Deceptive 8atter ?section 3(@

A large proportion of the complaints received by the V%& during elections allegethe distribution of misleading electoral material. *ection >" of the Electoral Act2002 provides that electoral material must not mislead or deceive electors inrelation to the castin% o! their vote$

The &ourts have interpreted this phrase narrowly. &ourts are particularlyconcerned with material that is likely to mislead or deceive electors in relation tohow they mark their ballot paper.

8or e$ample, the following statement might fall within the narrow definition ofmisleading3

4he way to ote &or Can!i!ate A is as &ollows

&andidate A 2

&andidate B )

&andidate & !&andidate 7 "

This statement is misleading because if the elector decided to vote forcandidate A, then followed the instructions given, they would in fact be voting forcandidate &.

n contrast, the following statement is unlikely to fall within the narrow definitionof misleading under section >".

ote 1 &or can!i!ate A, your true local can!i!ate

f candidate A did not live or work locally, some may consider the statement isfalse, but it is unlikely to be considered misleading in the legal sense6 i.e. inrelation to the way electors will complete their ballot papers.


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),$ E-ECTION EF0ENDITURE AND 0U2-IC 9UNDIN&

1eference 4 Electoral Act 2002D sections 2; to 222. These sections arerelevant for all candidates and registered political parties.

Overvie5 The Act provides for public funding for candidates who gain at least"P of

the total number of first preference votes given in the election. The amount/entitlement0 that applies for a particular general election is set in late Gulyduring an election year. The amount set for the 2!" *tate election is O!.;";per vote. The amount is inde$ed by applying the All Eroups &. n the caseof a candidate endorsed by a registered political party, the payment will bemade to the registered officer of the relevant registered political party. n thecase of a candidate not endorsed by a registered political party, the paymentwill be made to the candidate.

ayment is dependent upon the V%& receiving an audited /complete with anAudit &ertificate0 F*tatement of %$penditure /*


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period of three years from the date of the election. J%A s. 22K

Remedy !orOmission orError

The V%& may request the auditor, in writing, to provide further information if itis satisfied on reasonable grounds that the information contained within the*


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"tatement o! E;penditure Attachment A

To be printed on the registered political party letterhead

ursuant to section 2>/!0 of the Electoral Act 2002, ..U.insert &ull na%eUU, the 1egistered


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"tatement o! E;penditure Attachment 2

To be printed on the candidates letterhead /if available0

ursuant to section 2>/20 of the Electoral Act 2002, ..U.insert &ull na%eUU, a candidate for UU

insert na%e o& "istrict=(egionUU hereby advise that electoral e$penditure paid or incurred by me

during the twelve months immediately before the election day dated UUinsert !ate o& electionUUU

and relating entirely to that election totalled3

/a0 #ot less than the entitlement

or/delete /a0 or /b0 whichever not applicable0

/b0 'ess than the entitlement, being3 O U.insert amountU..

confirm that the amounts included as electoral e$penditure are as per the definition of electoral

e$penditure as it appears in section 2;/!0 of the Electoral Act 2002

further confirm that the above figures do notinclude a Eoods and *ervices Ta$ component and

attach an audit certificate, provided by UUUinsert na%e o& au!it &ir%


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A00ENDIF ': 4O#6TO6VOTE CARD C4EC-I"T

Do not print cards until the VEC noti!ies that the card is re%isteredCandidateChec

candidate handbook district 2014

Documents