Report of Local Government Electoral Activity

Report of local government electoral activity

2011-12

Foreword

I am pleased to present the Victorian Electoral Commission Report of local government electoral activity 2011-12.

This report provides an overview of the year’s activity including commentary on the local government by-elections and countbacks conducted during the period, along with key figures and results.

I take this opportunity to formally record my appreciation for the assistance provided by Local Government Victoria, the Municipal Association of Victoria and the Victorian Local Governance Association. The VEC looks forward to continuing to assist these organistations in their consideration of electoral matters.

I would like to thank our local government consultants for their assistance with the conduct of representation and subdivision reviews, and our contractors and suppliers for their continued support and service. These people contribute invaluably to the success of VEC activities.

Congratulations and thanks go to my staff for their efforts in ensuring that all VEC activity is carried out with care and diligence.

Liz Williams
Acting Electoral Commissioner

December 2012

Foreword

Executive Summary

Snapshot 2011-12

1. Legislative framework

1.1. Changes in legislation

2. Extraordinary vacancies

2.1. By-elections

2.1.1. Method of election

2.1.2. Cost of by-elections

2.2. Participation

2.2.1. Enrolment

2.2.2. Voter turnout

2.2.3. Informality

2.3. Countbacks

2.3.1. Cost of countbacks

2.4. Compulsory voting enforcement

3. Municipal Electoral Tribunal

4. Victorian Civil and Administrative Tribunal

5. Preparations for 2012 Council elections

5.1. Election planning

5.2. Tenders and contracts

5.3. Election services

5.3.1. Print and design

5.3.2. Procurement

5.4. Training

5.5. Enrolment, Rolls products and services

5.5.1. Voters rolls

5.5.2. Maps

5.6. Communication, information and education

5.6.1. State-wide communication campaign

5.6.2. Auslan DVD

5.6.3. Easy English guides

5.6.4. Voting is for Everyone

5.6.5. Community Sector Information Kits

5.6.6. Homeless not Voteless

5.6.7. Passport to Democracy – youth engagement

5.7. Information technology

5.8. VEC Warehouse

6. Electoral representation reviews

7. Subdivision reviews

8. Appendices…………………………………………………………………………….

Appendix A: Details of council by-elections, 2007-08 to 2011-12

Appendix B: Results of council by-elections conducted, 2011-12

Appendix C: Results of council countbacks conducted, 2011-12

Appendix D: Compulsory voting enforcement activity, 2011-12

Appendix E: Outcomes of electoral representation reviews conducted, 2011-12

Executive Summary

TheLocalGovernmentAct1989(LGA) istheprimary legislationunderwhich theVictorian Electoral Commission(VEC)conductslocalgovernment electoral activity.

TheLocalGovernmentAmendment (Electoral Matters)Act2011 (LGAEMA)was assented to on
6 September 2011.The majority of the provisions of the LGAEMA came into operation on that date, with the remaining few coming into force on 1 January 2012.

The LGAEMA moved thegeneral electionsfrom November toOctober,andmadeprovisionfor theconduct ofregularelectoralrepresentationreviews oftheCity ofMelbourne.TheVEC hasrespondedtoall relevantamendments andwill continue torespond to newand proposed legislation, and provide recommendations as appropriate.

During2011-12, theVEC conductedthreeby-electionsandsixcountbackstofill ninevacancies.Eachby-electionwasconductedby post, thesamemethodofvotingas hadbeenusedatthepreviousgeneral electionfor theparticularcouncil.

Theaveragecostpervoterforapostal by-electionduring2010-11was$10.83.This was asignificant increase on the average cost per voter forapostal by-electionduring2010-11 ($4.35). The increase in average cost was due to the comparatively small enrolment in the three electorates in which by-elections were conducted. In 2011-12, the average numberof voters was 3,265 compared with 9,432 in 2010-11. Theaveragecost pervoterfor a countbackwas$0.21, compared with $0.20 in 2010-11. Costs associated with by-elections include advertising, and core services, which remain stable no matter the number of voters.

Theaverageturnout rateforby-electionsheldduring2011-12was73.76%. Thisis an increaseontheaveragefor thefive-yearperiod2007-08to2011-12(72.51%) anda decrease on turnout atthe local government general electionsheldinNovember2008(74.68%).

Theaverageinformalityratefor by-electionsconductedin2011-12was2.21%, whichis lowerthanthe3.42%averagefor all by-electionsconducted in the last five years. All by-elections conducted in 2011-12 were conducted by postal voting. This informality rate was a decrease on the informality rate for by-elections conducted by post in the last five years (2.88%), and on all electionsconductedat the2008general elections(4.99%). For those general elections conducted by post in 2008, the informality rate was 3.75%.

TheVEC’s roleintheenforcementof compulsoryvotingforaby-electionforthreecouncilswas continuedfrom2010-11,andfinalisedinOctober2011. TheVEC wasappointed to conduct compulsoryvotingenforcement bythe threecouncilsfor whichitconductedby-elections in2011-12. Two of these were finalised in March 2012, with the final one due to be completed in 2012-13.

TheVEC conducted28electoralrepresentationreviewsand three subdivision reviews during
2011-12. TheMinister for Local Government approved all recommendations put forward by the VEC, with new structures taking affect at the Council elections in October 2012. A report on all electoral representation and subdivision reviews conducted between 2010 and 2012 will be provided to the Minister early in 2013.

1

Snapshot 2011-12

1

1. Legislative framework

Local government elections,by-electionsandcountbacksareconductedwithinalegislative and regulatoryframework.Section74A(1)of theConstitutionAct 1975provides thatlocal governmentisadistinctandessentialtierof government, consistingofdemocraticallyelected councils.

TheLocalGovernmentAct1989(LGA) establishesalegislativeschemethatsupportsthe systemoflocalgovernmentandistheprimary legislationunderwhich theVictorianElectoral Commission(VEC)conductslocalgovernment electoral activity.

Part3of theLGA istheprincipal legislationfor theconduct oflocalgovernment electionsin Victoria,including thefillingofextraordinaryvacancies. TheLocal Government (Electoral) Regulations 2005makedetailedprovisionsfor theconduct oflocalgovernment elections. Part10of theLGAguides theconductofelectoralrepresentationandsubdivision reviews.

1.1.Changes in legislation

TheLocalGovernmentAmendment (Electoral Matters)Act2011 (LGAEMA)was assented to on
6 September 2011. The majority of the provisions of the LGAEMA came into operation on that date, with the remaining few coming into force on 1 January 2012.

The LGAEMA included provisions thatmoved thegeneral electionsfrom November toOctober,andmadeprovisionfor theconduct ofregularelectoralrepresentationreviewsoftheCity ofMelbourne.

TheVEC hasrespondedtoall relevantamendmentsandwill continue torespond tonewandproposedlegislation, and provide recommendations asappropriate.

Other legislative changes enacted during 2011-12 and affecting the VEC include:

• The City of Melbourne Amendment (Enrolment) Act 2012, amending the City of Melbourne Act 2001 to clarify the persons entitled to apply to be enrolled on the voters' roll (June 2012)
• The City of Melbourne Amendment Act 2011, containing minor amendments to apply election-related amendments made in the Local Government Act 1989, to changea number of timeframes and to fill vacancies that result from general elections (February 2012)
• The Local Government (Brimbank City Council) Act 2009 was amended to provide for the next general election of the Brimbank City Council to be held on the fourth Saturday in
  March 2015 rather than in October 2012.

The VEC assisted Local Government Victoria with the review of the Local Government (Electoral) Regulations 2005. The Local Government (Electoral) Amendment Regulations 2012 were passed in June 2012, effective immediately.The amendments made by these Regulations include:

• Various deadlines relating to lodgement of candidatestatements and indication of preferences, were brought forward from 4.00pm to 12 noon (Reg. 34, 36, 37)

• Details of registered how-to-vote cards published on the VEC web site will include the names of submitters and organisations they represent, if any(Reg. 31)
• The requirement for candidates to supply additional registered how-to-vote cards for all voting centres was removed. Copies must still be supplied to the Returning Officer (Reg. 31)
• The deadline by which voters can request redirection of postal ballot packs, was brought forward from close of nominations to the time of certification of the voters’ roll (opening of nominations) (Reg. 87)
• The penalty for making false statements re how-to-vote cards (Reg. 28(5)) was removed(this is now covered by s.238A of the Local Government Act 1989)
• The requirement for destruction of electoral records after 4 years (Reg. 114(3)) was removed (the disposal of such records is dealt with in the Public Records Act)
• Part 11 – Consequential amendments to the City of Melbourne (Elections) Regulations 2001 – was revoked

1. Extraordinary vacancies

If, more than six months before a general council election, a councillor in a single-councillor ward resigns or can no longer hold office, an extraordinary vacancy arises, and a by-election is conducted. If this occurs in a multi-councillor electorate and there were unsuccessful candidates at the general election, a countback is conducted. Where there were no unsuccessful candidates, or none of the unsuccessful candidates is eligible to become a councillor, a by-election is conducted.

During 2011-12, the VEC conducted three by-elections and six countbacks to fill nine extraordinary vacancies. Fiveof these vacancies arose during 2011-12. This is a decrease on the number of vacancies that arose in 2010-11, and may be attributable to the proximity of the general elections in October 2012. The remaining four vacancies that were filled during 2011-12 arose late in the 2010-11 reporting period.

2.1.By-elections

During 2011-12, the VEC conductedthreeby-elections tofill extraordinary vacancies that have arisen in councils (see Figure 1). Detailed by-election results are included asAppendixB.

2.1.1.Method of election

Under S41 A(2B) LGA (introduced by the Local Government Amendment (Elections) Act 2008), voting at a by-election must be conducted by the same means, attendance voting or postal voting, as the previous general election was conducted unless the council has decided, not later than seven days after the extraordinary vacancy occurred, to change the means of conducting the voting.

The vast majority of councils choose postal voting as the preferred option. All councils that conducted by-elections during 2011-12 chose to do so using postal voting, the same method of voting used in their previous general election. The cost of a postal election is generally lower than that for an attendance election, participation rates are generally higher and informality rates are generally lower.

1

2.1.2.Cost of by-elections

The base cost of a by-election is determined by the costs for advertising, design and printing layout, infrastructure and personnel. The final cost for conducting a by-election is also affected by the number of voters, candidates and other variables. While an electorate may have a relatively small number of voters, the base cost is much the same as for an electorate with many more voters.

Theaveragecostpervoterforapostal by-electionduring2011-12was$10.83. This was asignificant increase on the average cost per voter forapostal by-electionduring2010-11 ($4.35). The increase in average cost was due to the comparatively small enrolment in the three electorates in which by-elections were conducted. In 2010-11, the average numberof voters was 9,432 compared with 3,265 in 2011-12.

The VEC believes that it has achieved its target to provide value for money election services in the conduct of three by-elections during 2011-12. Costs do not include any compulsory voting enforcement services that a council may have appointed the VEC to undertake on its behalf.

Figure 1: By-elections conducted, 2011-12

Figure 2: Average cost per voter for council by-elections 2007-08 to 2011-12

1

2.2.Participation

Participationisameasureofenrolment, voter turnoutandinformalityrates. Appendix Aprovidesdetailsofparticipation at by-electionsconductedoverthepast fiveyears includingvoter turnout andinformalityrates.

2.2.1.Enrolment

Those electors who reside within a municipality and are enrolled on the State register of electors are automatically included on the voters roll for local government elections and by-elections. This category forms approximately 86% of the roll across all municipalities.

In addition, non-resident ratepayers are enrolled automatically — these records are extracted from the council property database. This group forms less than 14% of the roll across all municipalities.

Other council entitlements include non-citizen owner occupiers and company nominees. This group must complete an application form each election cycle to be entitled to vote, and usually comprises less than 1% of the roll. Those voters who have multiple entitlements within one municipality are only entitled to vote once.

The exhibition roll for a by-election is prepared at a date determined by the Registrar (S.23A(4)(a)), usually as soon as possible after the need for a by-election is determined. A new roll is also prepared for certification.

2.2.2.Voter turnout

The average turnout rate for by-elections held during 2011-12 was 73.76%, an increase on the average turnout rate for by-elections held during 2010-11 (70.85%). It was also higher than the average for the five-year period 2007-08 to 2011-12 (72.51%). See Figures 4 and 5.

The average turnout was lower than that for the local government general elections held in November 2008 (74.68%). All council by-election turnout figures are lower than the November 2010 State election turnout rate of 92.96%.

One of the main reasons for lower turnout rates for council elections and by-elections is the fact that voting is not compulsory for non-residents. Other factors include lower awareness of the election (due to less media attention and a lower rate of candidate activity); theerroneous perception that only property owners (as opposed to tenants) are required to vote in council elections and by-elections; and the fact that while voting is compulsory for residents over 70 years of age, these people are not fined if they do not vote.

Figure 4: Average turnout over time

Figure 5: Turnout at council by-elections 2007-08 to 2011-12

2.2.3.Informality

The average informality rate for all by-elections conducted in 2011-12 was 2.21%, which is lower than the 3.42% average for by-elections conducted in the past five years, and the informality rates of 4.99 for all elections (3.75% for postal elections) conducted at the 2008 general elections (see Figures 6 and 7).

The VEC has previously reported that the rate of informality tends to increase as the number of candidates increases (see Figure 8). There were eight candidates for the Latrobe City Council, Dunbar Ward by-election with a resulting higher informality rate than the other two by-elections conducted this year. At 3.23% the rate was still fairly low, reflecting the fact that the informality rate at elections conducted by post is generally lower than that at elections conducted by attendance.

The VEC’s ongoing electoral education and community engagement programs aim to increase electors’ understanding of how to cast a formal vote. These programs are now focused on the council election processes and complement the VEC’s tailored communication campaign in the lead up to the 2012 general elections.

Figure 6: Average informality rate over time

Figure 7: Average informality at council by-elections 2007-08 to 2011-12

Figure 8: Informality rates compared with number of candidates

2.3.Countbacks

A countback is conducted where a vacancy arises in an unsubdivided municipality or a ward represented by two or more councillors.

Where the original election result was determined by a manual proportional representation count, the countback is conducted manually. Where the original election result was determined by a computerised proportional representation count, the countback is conducted by computer.

Countbacks are conducted to fill extraordinary vacancies unless or until there are no unsuccessful candidates remaining. In that situation, extraordinary vacancies are filled by a by-election.

The countback process involves counting the ballot papers that elected the vacating councillor. The ballot papers are distributed, according to the next available preference, to the eligible candidates. The candidate who achieves an absolute majority of these votes is the successful candidate in the countback process. The VEC conducted six countbacks during 2011-12 (see Figure 9). Results of all countbacks conducted in 2011-12 are included in Appendix C.

2.3.1.Cost of countbacks

Under the LGA, councils can decide to conduct computer countbacks either locally or at the VEC. The average cost to council of a countback in 2011-12 (whether conducted centrally or locally) was $4,893.35. The average for a countback conducted at the VEC was $7,159.19 ($0.15 per voter) and for a countback conducted within the municipality, $3,760.43 ($0.23 per voter). All costs are excluding GST.The average cost per voter across all countbacks in 2011-12 was $0.20, compared with $0.21 in 2010-11.Generally the cost of a countback conducted at the VEC is less than if counducted at the council. In 2011-12, the average cost of a countback conducted at the VEC was affected by the significant advertsing costs associated with the Melbourne City Council countback.

Figure 9: Countbacks conducted 2011-12
*cost per voter is based on the number of electors on the certified roll at the general election for that ward/municipality

2.4.Compulsory voting enforcement

Councils are obliged to enforce the compulsory voting provisions of the LGA. Where the councils contract the VEC to conduct compulsory voting enforcement, the Chief Executive Officer is required to formally appoint the Prosecution Officer in accordance with S.40(2)(a) of the LGA.

Non-voter follow-up following a by-election is conducted by the VEC in three stages.

Stage one – Apparent Failure to Vote Notice

Stageoneis amandatoryrequirement. AnApparentFailureto Vote Notice is sent to each voterwho appearsto have failedto vote. No penalties arecollected againstthis notice.

Stage two – Infringement Notice

Atstagetwo,anInfringement Noticeissenttoeachvoterwhodidnot respond totheinitial ApparentFailuretoVoteNotice,orwhodidnot provideavalidexcuseforfailingto vote.

TheInfringement Noticeincludes therequest for thepaymentof thepenaltyamount. Penalty amountsareindexedeachyearon1Julyandthepenaltyamount for the2011-12 compulsoryvotingenforcement processwas$61.00.

Stage three – Penalty Reminder Notice

At stage three, a Penalty Reminder Notice is sent to each voter who did not reply at stage two. The same processing provisions apply to the Penalty Reminder Notice as for the Infringement Notice. However, an amount of $22.00 for prescribed costs was added to the penalty amount of $61.00.

The VEC conducted non-voter follow-up for Mount Alexander Shire Council, Hepburn Shire Council, Latrobe City Council, Cardinia Shire Council, Greater Geelong City Council and Banyule City Council.Non-voter follow-up for councils costson average $0.99 per enrolled voter.Appendix D provides details of non-voter follow-up and compulsory voting enforcement conducted during 2011-12.

1. Municipal Electoral Tribunal

A Municipal Electoral Tribunal (MET) is appointed by the Attorney-General to consider disputes as to the validity of local government elections. Tribunals are constituted under the LGA and are intended to provide a forum for settling such disputes. A tribunal consists of a magistrate appointed by the Attorney-General.

A candidate, or any group of at least 10 voters at an election, who disputes the validity of the election may apply for an inquiry into the election by a municipal electoral tribunal. The application must be in writing and must contain the grounds on which the inquiry into the validity of the election is sought. The application must be lodged with the principal registrar of the Magistrates’ Court within 14 days of the declaration of the result of the election.

There were no MET applicationslodged during 2011-12.

1. Victorian Civil and Administrative Tribunal

Section 48 of the LGA provides that a person whose interests are affected by a decision of a MET can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision. There were no matters concerning MET decisions brought before VCAT during 2011-12.