LOCAL GOVERNMENT ELECTIONS 2012
Victorian Electoral Commission Election Plan
2011
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No part may be reproduced by any process, except in accordance with the provisions of the Copyright Act 1968.
Address all enquiries to the Victorian Electoral Commission, Level 11, 530 Collins Street, Melbourne, Victoria.
CONTENTS
1. BACKGROUND AND PURPOSE......
1.1VEC’s role in conducting Local Government elections......
1.2Principles......
1.3Legislative framework......
1.4Purpose of this document......
2. Proposed timeline......
2.1Critical elements to the proposed timeline......
3. OPPORTUNITIES AND challenges......
3.1Opportunities......
3.2Challenges......
4. Proposed election service package......
4.1Contract management......
4.2Electoral Roll production......
4.3Advertising and communication campaign......
4.4Election Office and staff......
4.5Telephone enquiry service......
4.6Candidates......
4.7Ballot material......
4.8Early voting......
4.9Voting centres (for attendance elections only)......
4.10Voter notice (EasyVote letter)......
4.11Counting methods......
4.12Postal election timeline — Close of voting to final result......
4.13Attendance election timeline — Close of voting to final result......
4.14Declaration of the result......
4.15Management of complaints......
4.16Election Report and Storage of Material......
4.17Management of MET Inquiries and VCAT Reviews......
4.18Insurances......
5. Proposed COMPULSORY VOTING ENFORCEMENT PACKAGE......
5.1Provision of list of non-voters......
5.2Compulsory voting enforcement......
5.3Appointment of Prosecution Officer......
5.4Enforcement Process......
5.5Receipt of penalties......
6. costs......
APPENDIX 1— LOCAL GOVERNMENT ELECTION TIMELINES 2012......
APPENDIX 2 — KEY DATES FOR VOTERS’ ROLL PRODUCTION IN 2012......
APPENDIX 3 — VICTORIA’S MUNICIPALITIES AND ELECTORAL STRUCTURES.
APPENDIX 4 — VOLUMES IN 2008......
APPENDIX 5 — FORMAT FOR THE SUPPLY OF CEO VOTERS LIST......
APPENDIX 6 — PROPOSED ELECTION OFFICE ARRANGEMENTS......
APPENDIX 7 — PROSECUTION OFFICER APPOINTMENT FORM......
APPENDIX 8 — SUMMARY OF CHANGES FROM PREVIOUS ELECTIONS......
APPENDIX 9 — COMMUNITY LANGUAGES......
APPENDIX 10 — COMMUNICATION PLAN......
APPENDIX 11 — COMMUNITY EDUCATION......
1
1.BACKGROUND AND PURPOSE
1.1VEC’s role in conducting Local Government elections
The Victorian Electoral Commission (VEC) has conducted all Local Government elections in Victoria since 2004, including elections for all 79 councils in 2008.The VEC has been the sole provider oflocal council election services in Victoria during this period.
Following the conduct of the elections in 2008, the VEC conducted an extensive debriefing program and, more recently, met with councils and Local Government stakeholdersto consider the requirements for providing election services and compulsory voting enforcement at the 2012 Local Government elections.
The VEC provided a comprehensive report on the conduct of the 2008 elections to the Minister of Local Government in June 2009.The report included a number of recommendations for consideration.
The VEC is planning on the basis that it will be required to conduct elections for all 79 councils in 2012.The VEC is confident that it can provide a high quality service to all councils in 2012 if contracted to do so.
1.2Principles
In considering the election services to be offered to councils in 2012, the VEC followed two major principles:
Local focus for election services
If the VEC is engaged to conduct an election, aReturning Officer for that election will be appointed by the Electoral Commissioner. Victorian law gives the Returning Officerfull responsibility for the conduct of a local councilelection.Accordingly, the management of candidates, enquiries from the public and the conduct of counts will take place locally within the municipality where possible.Some contingency plans will be put in place to cover overflow enquiries from voters and where suitable counting venues cannot be secured within the municipality.
Costs to be kept to a minimum
The VEC’s election plan aims to provide quality election services for minimum cost.The VEC’s services will ensure that all statutory requirements are met and that high levels of customer service and accuracy are not compromised, but will focus on keeping costs for councils to a minimum.
1.3Legislative framework
The Local Government election program in Victoria is governed by the Local Government Act 1989 (the Act) and other laws involved in local electoral matters, including the City of Melbourne Act 2001and the Infringements Act 2006. The VEC is also guided in technical and procedural matters by the Regulations established under these laws.
The Act was amended by the Local Government Amendment (Electoral Matters) Act 2011, which shiftedthe date for all council general elections in Victoria forward to the fourth Saturday in October. This change takes effect for the next council general elections, meaning the election will now be held on Saturday, 27October 2012, and has had a flow on effect on the timetable for decisions and preparation. These changes are reflected in the proposed timeline (see section2).
Importantly, the Act is the basis of all local council electoral events. The VEC has prepared a timeline for postal and attendance elections, shown in Appendix 1. Note that the VEC’s timeline does not include decisions that must be made by Council to prepare for an election, such as the need for councils to resolve changing from attendance to postal voting or from postal to attendance voting at least eight months prior to the election.
The Infringements Act 2006 is discussed in section 5 of this plan and provides for the continuation of compulsory voting enforcement, and any subsequent prosecution, after the first notice is sent to non-voters.
1.4Purpose of this document
The purpose of this document is to involve councils early in the VEC’s planning for the October 2012 elections.
It should be noted that the plan outlined in this document applies for attendance and postal elections.It does not include plans specific to the City of Melbourne elections, which will be considered separately.
In preparing this plan, the VEC has considered the volumes and timelines associated with the conduct of 79 concurrent elections, feedback from the 2008 elections, areas of potential risk, and initiatives that can improve the quality of service while maintaining cost efficiencies.
The document outlines:
- the VEC’s proposed timeline for election preparations, responding to tenders and negotiating contracts, the election period and post election period;
- the opportunities that concurrent council elections provide, balanced with some challenges to be addressed;
- a description of the service that the VEC proposes to offer councils; and
- where the VEC is proposing to change timelines/products from previous elections together with reasons why the change is suggested.
In providing this document to councils now, the VEC understands that it is making available what it proposes to offer councils in responding to tenders or requests for quotation.However, the VEC believes it is necessary to communicate this information to councils as early as possible to maximise cost efficiency and quality, while minimising risk.
2.Proposed timeline
The lead-time for the management of 79 Local Government elections is estimated to be 12–16 months. This is equivalent to the lead-time required for the management of a State election. As such, the VEC has established the following timeline to ensure that services can be produced in a timely fashion, and resources can be allocated efficiently and appropriately.
The more detailed timelines that apply leading up to and during the election period for attendance and postal elections are included in Appendix 1.
Date / VEC2011
October / Meet with councils re proposed election strategy.
Fri 30 Dec / VEC’s plan for conduct of elections finalised.
Fri 30 Dec / Estimated election costs available.
2012
January–March / Respond to tenders and requests for quotation.
Mon 27 Feb / Last day for councils to pass resolution to change election method from previous election (postal or attendance) — refer section 41A(2A) of the Act.
Wed 29 Feb / Number of voting centres and pre-poll venues for attendance elections finalised.
Thu 1 Mar / Commence receiving preliminary roll data from councils.
Fri 13 April / Representation reviews complete.
Fri 13 April / All tenders/quotes finalised.
Mon 16 Apr / Training (1st seminar) commences for proposed ROs and DROs.
Thu 31 May / Election contracts finalised.
CEOs of councils requiring VEC to manage compulsory voting to appoint Prosecution Officer within 4 weeks of contract being signed.
Fri 1 Jun / Handbooks available for prospective candidates (dependent on any pending legislative change).
Mon 2 Jul / Offices leased or available to establish services.
Thu 19 Jul / Last date for feedback on preliminary roll data to be actioned by councils.
Thu 19 Jul / Exhibition roll date.
By Mon 23 Jul / Exhibition CEO list data to VEC. Exhibition roll processing.
Mon 23 Jul / Pre-poll venues identified for attendance elections.
Fri 24 Aug / Delivery of materials for election offices finalised.
Mon 27 Aug–Fri 31 Aug / Exhibition roll on display.
Tue 28 Aug / Training (final seminar) completed for ROs and DROs.
Fri 31 Aug, 4.00pm / Entitlement date.
By Mon 3 Sep / CEO list data to VEC Certification roll processing.
Wed 19 Sep / Offices open to the public.
Thu 20 Sep / Roll certification and nominations open.
Tue 25Sep–Sat 27 Oct
(Election Period) / Refer Election Timetable for postal and attendance elections – Appendix 1.
Sat 27 Oct / Extraction of ballot material and some counting
(postal elections).
Sat 27 Oct / Election Day
Sat 27 Oct – Fri 2 Nov / Counting and Declarations.
Offices decommissioned (some smaller offices may be ready earlier).
Mon 19 Nov / Nomination refund cheques mailed to candidates — forfeited deposits mailed to council.
2013
1 Dec 2012–31 Aug 2013 / Compulsory voting enforcement.
Early–mid May / 1st payment to councils.
Mid–late Aug / 2nd Payment to councils.
2.1Critical elements to the proposed timeline
2.1.1Contracts
The VEC must know how many councils wish to contract its services well in advance of the election period so that necessary planning and resourcing can occur.The VEC encouragescouncils that are advertising tenders, or submitting requests for quotations, for the provision of election services to do so between Januaryand March 2012.It will be difficult for the VEC to respond to tenders or requests for quotations after that date.
In 2012, the VEC will continue to offer compulsory voting enforcement services as an option for local councils. Where councils have accepted this offer at previous elections, the service has been included in the general election services agreement with the VEC. However, following legal challenges in other Australian jurisdictions, the VEC encourages councils that wish to contract the VEC to conduct their compulsory voting enforcement to do so outside of the election services agreement. The VEC has received advice that the provision of election services and the provision of compulsory voting services are two discrete activities in the Act.
The VEC aims to have all contracts finalised by 31 May 2012.It is noted that somecouncils will be undergoing electoral representation reviewsand may not have a finalised electoral structure until about this time.The VEC will be able to provide election cost estimates for these councils before the structure is finalised and include estimated variations should a change in these councils’ electoral structures or ward boundaries be decided.
2.1.2Voters roll
The quality of each election is largely dependent on the quality of the voters roll and the timelines that apply for roll preparation are very tight.The VEC is keen to work with councils as early as possible to maximise the quality of the voters roll and will need preliminary data in March.Key dates relating to the receipt of roll data fromcouncils and the preparation of the voters roll are included in the timeline — see Appendix 2. The VEC expects that since the authority to collect date of birth on the Notice of Acquisition has been in place since 2005, that councils should have dates of birth on at least 80% of the CEO List records.A service to provide councils with dates of birth where council records can be matched with a state roll record, is being offered again. Data should be sent as soon as possible. The VEC can handle entire database extracts, not just CEO lists.
2.1.3Declaration timetable
In 2008 the VEC declared all elections by the Friday after election day (Friday, 5December).
For postal elections conducted in 2008, the extraction of ballot papers did not commence until all returned ballot packs had been processed and any possible duplicates identified.As such, the VEC did not commence extraction of ballot papers until Saturday morning, in most cases.The VEC was also concerned with occupational health and safety issues in relation to staff working very long hours and the increased possibility of applications to the Municipal Electoral Tribunal (MET), if staff were rushed and fatigued.
For the 2012 elections, the VEC again proposes to have all elections declared by the Friday after election day (Friday, 2 November).
More detail regarding the proposed conduct of counts is included in sections 4.11, 4.12 and 4.13.
3.OPPORTUNITIES AND challenges
3.1Opportunities
The concurrent conduct of all 79 elections provides a number of opportunities for Local Government elections in Victoria —including the opportunity to promote the elections on a statewide basis and to include statewide elements in the advertising and communication campaign.This will include ensuring consistencies where possible across elections, to reduce possible confusion for electors. The VEC has included a statewide component in its proposed advertising and communication strategy. An alternative strategy would need to be implemented if the VEC is not contracted to conduct all 79 elections.
Further opportunities include the ability to evaluate, consolidate statistics, and report on all elections in the one reporting year.
3.2Challenges
In planning for the possible conduct of 79 Local Government elections, the VEC has considered a number of matters including: the estimated volumes, timelines, experience from 2008, cost, quality, risk and Council’s expectations.A table showing the volumes involved in the conduct of 79 concurrent elections at the 2008 Local Government general elections is included in Appendix 4.It is expected that the conduct of elections for Victoria’s 79 councils in 2012 will involve around 291 individual ward elections.
The VEC has attempted to balance these considerations in putting together a proposed election service package.In doing so, the VEC has tried to minimise variations, where it is thought that by making elements uniform, quality is not compromised, particularly if there are further benefits on a state-wide basis.For example,providing consistency in the office hours for each election office will have the advantage of reducing possible confusion for voters, production costs and risk, and the uniform hours can be included in statewide advertising.Uniform hours also minimise the costs associated with checking specific detail for each council on a range of communication products and electoral material.
One challenge for the VEC is the uncertainty surrounding the number of elections it may be contracted to conduct.As stated previously, the VEC has begun preparations so that it is in a position to respond to all 79 councils.
A further challenge is the short timeline between the close of nominations and the despatch of ballot packs for postal elections.In order to meet this timeline for the volumes involved in up to 291 individual elections, the VEC is looking at innovative ways to save as many hours as possible during this period.Sections 4.6 and 4.7 of this plan provide more information on areas where the VEC is already developing more efficient systems and processes.
The timeline for the production of 79 voters rolls is also extremely tight and the strategy that the VEC is proposing in order to meet this target without compromising the quality of the roll is covered in section 4.2.
The following sections outline the VEC’s proposed service package.Where there are changes proposed from previous elections, these have been highlighted and reasons for the change included.Changes are also summarised in Appendix 8. The VEC hopes to finalise its proposed service package by 30 December 2011. This will then form the basis of the VEC’s response to tenders and requests for quotation in early 2012.
4.Proposed election service package
4.1Contract management
A contract manager will be appointed to supervise the contract(s) for each council. The contract manager will liaise with the Council’s representative and provide regular feedback on the progress of the elections.The contract manager will be responsible for ensuring that your elections are conducted in accordance with the legislationand within the terms of the contract. They are the first point of contact for any queries in relation to eachcontract.At the conclusion of the elections, the contract manager will prepare a report on the elections, including any recommendations for future elections.Each contract manager will be an experienced electoral practitioner with expertise in the conduct of Local Government elections.
The contract manager will work closely with the VEC’s communication teamwho will manage the advertising and communications campaign. The communication teamwill coordinate the development and placement of advertising, write and distribute media releases, and prepare election information for the VEC’s website.Council will receive copies of all voter information products prior to publication.
4.2Electoral Roll production
4.2.1Overview
The VEC provides all councils with the Electoral Commissioner’s voters list for council election purposes.This is the list of state electors for that council.The Electoral Commissioner’s voters list (EC list) is merged with the Chief Executive Officer's voters list (CEO list) to produce the municipal voters roll for certification by the Chief Executive Officer.
The VEC has provided roll production services to councils since 1995 and has developed sophisticated software tools and processing procedures for maximisingthe quality of the voters roll.The processinvolves a preliminary file from council for quality checking, asecondCEO List at exhibition roll date, used to produce the roll for exhibition, and athird certification CEO List at entitlement date. The latter two data files are compared using the VEC’s sophisticated software, resulting in a small‘update’ file, which can be processed quickly in the two week period allowed for production of the roll for certification. A range of election products is then extracted from the certified roll, including hard copy rolls, ballot mailout files and voter card extracts.
4.2.2Roll data quality
Producing a high quality voters roll takes significant effort and resources from council as well as the VEC. Much of this can be done before the legislative time constraints for final roll production restrict the time available for quality assurance. By participating in the preliminary process (March-June 2012) and investigating and actioning the reports provided from this activitybefore exhibition roll date, councils will be in a very good position to ensurea high quality final voters roll.