Voters Roll Practice Manual: Guidelines for the production of a Voters Roll under the Local Government (Elections) Act 1999 May 2014 – Fifth Edition LGA Better Governance Program ECM 594629 This Voters Roll Practice Manual has been prepared for the Local Government Association of SA (LGA) by the SA Institute or Rate Administrators (SAIRA), with the assistance of Electoral Commission of SA (ECSA) and Wallmans Lawyers, as part of its Better Governance Program for the guidance of and use by member Councils. The LGA is the statutory peak body for Local Government in South Australia, representing all 68 Councils in the State. Enquiries regarding this publication should be directed to the LGA on 08 8224 2000 or email [email protected] Page 1 of 50 ECM 594629 Voters Roll Practice Manual Table of Contents Background ............................................................................................................................ 3 1. Legislative Framework ........................................................................................................... 4 2. Communication and Information Gathering ............................................................................ 4 2.1 Information maintenance – encouraging new/re-enrolment ............................................. 5 2.2 Removing people from the Voters Roll ............................................................................ 6 3. Step 1 – Voters Roll - Data ..................................................................................................... 6 3.1 Timing ............................................................................................................................. 6 3.2 ECSA File Format ........................................................................................................... 7 3.3 Council data .................................................................................................................... 7 4. Step 2 – Enrolment Entitlement .............................................................................................. 8 4.1 Practical Assessment Process – Group Entitlement ........................................................ 8 4.2 Entitlement for Enrolment ................................................................................................ 9 4.3 Enrolment Criteria ........................................................................................................... 9 4.4 Enrolment Example ....................................................................................................... 10 4.5 Flowcharts – How to Determine Enrolment Entitlements ............................................... 11 4.5.1 Person Enrolled on ECSA, House of Assembly Roll .......................................... 11 4.5.2 Resident – Application made to Council ............................................................. 12 4.5.3 Natural Person / Owner – Sole ........................................................................... 13 4.5.4 Natural Person / Occupier (Non-Residential) – Sole .......................................... 14 4.5.5 Body Corporate .................................................................................................. 15 4.5.6 Group Entitlements ............................................................................................ 16 4.6 Group Names ................................................................................................................ 18 4.7 Step 2 Checklist ............................................................................................................ 18 5. Step 3 – Merging and Checking Data ................................................................................... 18 5.1 Merging ......................................................................................................................... 18 5.2 Data Matching Issues .................................................................................................... 19 5.3 Step 3 Checklist ............................................................................................................. 21 6. Step 4 – Suppressions from the Voters Roll ......................................................................... 21 6.1 Suppressions ................................................................................................................ 21 6.2 Step 4 Checklist ............................................................................................................ 22 7. Step 5 – Production of the Roll ............................................................................................. 22 7.1 Council File Format ....................................................................................................... 23 7.2 Step 5 Checklist ............................................................................................................ 24 8. Step 6 – Ongoing Roll Maintenance ..................................................................................... 25 9. Delegations and Policies ...................................................................................................... 25 10. Contact Information .............................................................................................................. 26 11. Glossary ............................................................................................................................... 27 12. References ........................................................................................................................... 29 13. Appendices .......................................................................................................................... 30 Page 2 of 50 ECM 594629 Voters Roll Practice Manual Background This Manual was jointly produced in its original form in 2003 by the Local Government Association of SA and the South Australian Institute of Rate Administrators (SAIRA). The Manual has subsequently been reviewed and updated as statutory amendments have occurred to the Local Government (Elections) Act 1999. The most recent amendments are those brought about by the Local Government (Elections) (Miscellaneous Amendment) Act 2009. This edition of the Manual is up to date for the November 2014 periodic elections. This Manual is not a comprehensive document which covers all aspects of voters roll administration. It is drafted to provide practitioners with a basic guide to the key steps in preparing for an election and producing an accurate voters roll. This Manual should not take the place of legal advice where a Council is unsure of the rights of a person claiming an entitlement to be enrolled as a voter. Prior to publication, this edition of the Manual has been updated and reviewed by the Board of Management of SAIRA and the Electoral Commission of South Australia (ECSA). Elections The Local Government (Elections) Act 1999 outlines the framework for the conduct of all local government elections in South Australia. Periodic Elections are held every four years with voting at the elections closing at 5 p.m. on the last business day before the second Saturday of November. For every Council, all positions become vacant for a periodic election General Elections are held on a date fixed by proclamation or notice for a specific Council under special circumstances. For that Council all positions become vacant Supplementary Elections are held to fill any casual vacancy that occurs within a Council due to resignation (or other reason) of a Member of Council. The election occurs on a date determined by the Returning Officer. The voters roll to conduct Council elections consists of two components: The State House of Assembly roll; and The Council supplementary roll – comprising natural persons, designated persons of bodies corporate and groups of persons within the Council who have made application for enrolment. This portion of the roll expires on 1 January of each election year and these electors must renew their enrolment to remain on the Council voters roll. Periodic/General Elections Each Mayor / Area Councillor / Ward Councillor election is a separate election. The Act provides that a person / designated person can only vote once in each election within a Council area. If an elector owns more than one property within the area, they must complete an application for each rateable property (other than for a residential entitlement flowing from the House of Assembly roll). The voting entitlement must be assessed as each elector can only receive: 1 vote for Mayor 1 vote for Area Councillor 1 vote for Ward Councillor in each separate ward election (as applicable). ECM 594629 Voters Roll Practice Manual Page 3 of 50 Section 14(3a) of the Act provides that the name of a natural person, body corporate or group must NOT be added to the voters roll except for House of Assembly entitlements and otherwise in accordance with an application for enrolment. Such applications must be in a form approved by the Electoral Commissioner. For a body corporate or group to vote, it is necessary for them to provide details of their 'designated person'. Accordingly, the relevant enrolment applications (Form 2 for a body corporate and Form 3 for a group) require this information to be provided. Whilst Section 14(3c)(b)(ii) of the Act makes provision for the CEO to reject an application for enrolment, it follows that by operation of the Act and a failure to submit a valid application that if a body corporate or group fails to provide details of their designated person then the CEO must not enrol the body corporate or group on the voters roll. 1. Legislative Framework Local Government (Elections) Act 1999 The relevant extracts from the Local Government (Elections) Act 1999 (version 21 December 2009) related to the legislative requirements of Elections and Entitlements to Vote are set out as Appendix 1 to this Manual. Please check the South Australian Legislation website for any updates to legislation – www.legislation.sa.gov.au . 2. Communication and Information Gathering Publicity and the Community Effective from 20 December 2009 a new Section 13A was included in the Local Government (Elections) Act 1999, the effect of which is to recognise a role for the Electoral Commissioner: to advise potential electors of the requirement to apply to be enrolled on the voters roll, and to generally inform electors and encourage voting at Council elections. This role for the Electoral Commissioner does not detract from the obligation upon Councils in a periodic election year to inform potential electors of the requirement to make application for enrolment on the voters roll if they are not already enrolled on the House of Assembly roll as an elector. The active maintenance of the voters roll requires communication with the community. following steps can be used to develop effective two-way communication. The Develop a communication strategy Identify key stakeholders – internal and external Involve key internal stakeholders in development of a communication strategy Determine and allocate Overall responsibility for strategy Policy and procedure development Ongoing communication requirements Identify target groups – include: Young people Business/Traders & Associations Non-occupier property owners Group owners/occupiers ECM 594629 Responsibility for each component Budget requirements Ongoing processing requirements. Aboriginal people Residents Associations Corporate body owners/occupiers CALD (Culturally and Linguistically Diverse backgrounds). Voters Roll Practice Manual Page 4 of 50 Define key messages – include: Why enrol and vote? Council‘s key functions Select communication techniques and options Local newspaper/The Advertiser Trade/business forums/associations Education campuses Flyers with rates notices Provide guidance for Council direction Council‘s key service provision Council newspaper/broadsheet Council website Libraries, cultural and community Centres Display on Council stationery/vehicles Undertake communication with key stakeholders Review and evaluate What worked well? Record findings for inclusion in next election What did not work well? Provide feedback to stakeholders The LGA provides an extensive range of resources to assist Councils with the election process. Resources include a broad range of guidelines, brochures and proformas. Key Election dates are provided along with an Elections Promotional Kit which addresses the following key elements: LGA Strategy Development Overview Developing a local Council strategy Voters roll information Nominating for Council Voting in Council elections Promotional material Media advertising schedule Ensuring materials reach targeted groups The full range of resources is too extensive to include in this document but is available from the LGA website - www.lga.sa.gov.au/goto/electionresources 2.1 Information Maintenance - Encouraging New / Re-enrolment The following options offer possible methods for the tracking and recording of occupier information within the Council area. These options are to be considered on an ―as needed‖ basis and within the context of available resources. Local newspaper/The Advertiser Council newspaper/broadsheet Trade/business forums/associations Business Enterprise Centres SA Inc Community Information directories – Door knocking or drive through areas CISA/SA Community website recording occupancy changes New resident kits Council employees advising changes. The extent of the strategies adopted to ensure that eligible persons become enrolled is a matter of judgement having regard to: Council policy nature of land occupation within the area the frequency of turnover of property available resources (financial and manpower). To further encourage new enrolments in the year of a periodic election Council also has the option of writing to all of its property owners, ratepayers and occupants providing information about the election and enrolment process. A suggested template letter which can be tailored to suit your Council has been developed for this purpose and appears in Appendix 3 – Letter 1. ECM 594629 Voters Roll Practice Manual Page 5 of 50 2.2 Removing People from the Voters Roll On 1 January in the year of a periodic election all persons except those enrolled by virtue of being an elector for the House of Assembly must be removed from the voters roll. The voters roll however must be maintained on an ongoing basis between periodic election years. The following options/tools are available to assist in roll maintenance: Death notices CEO letter under Section 14(3) of the Act CEO power to assume under Section 14(8) of the Act. Owner Information Maintenance Ownership change advices from Land Agents and Conveyancers LOTS (Land Services) reports. When purging the Council Supplementary roll in the year of a periodic election it is recommended as best practice that a letter be sent to all persons previously enrolled with Council to advise them of the need to renew their enrolment. Where possible a new enrolment form (reflecting their previous enrolment type) should be enclosed with that letter. A suggested template letter which can be tailored to suit your Council has been developed for this purpose in and appears in Appendix 3 – Letter 2. 3. Step 1 – Voters Roll – Data The voters roll for Local Government elections consists of two components: the House of Assembly (State) roll and the Council supplementary roll containing details of all persons, bodies corporate and groups that have enrolled with Council. The Council component of the voters roll must be maintained in a form that allows information to be merged with the House of Assembly roll data to create an updated voters roll within three weeks after the supply of information by the Electoral Commissioner. 3.1 Timing The voters roll is to be brought up to date for election purposes to ensure all voter entitlements are included for: Periodic elections timeframe Sec 15(7)(a) – on a day fixed by the returning officer for the close of the roll Any other election or poll including supplementary elections Sec 15(7)(b) – on a day fixed for the close of the roll by proclamation or notice fixing polling day for the election or poll. These dates are known as the "closing date" for the voters roll for the relevant elections. The Electoral Commissioner must supply a list of persons enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence in the area within seven days of the closing date for the roll (Sec 15(10)). ECM 594629 Voters Roll Practice Manual Page 6 of 50 3.2 ECSA File Format House of Assembly roll data from ECSA is supplied in a standardised ASCII comma delimited file format, allowing transfer of information between the wide range of systems used across Councils. Information supplied to Councils to merge and check against data in the voters roll process consists of the following: Elector ID Number 5020345678 LGA Code 25 Ward Code 01 Surname Jones Other Names Thomas Angus Address 1 - Property Address - Street Address The Ranch or 1 William Street Address 2 - Street Address - Suburb Address 1 William Street or Suburbia SA 5555 Address 3 - Suburb Address - Blank Surburbia SA 5555 or Blank 3.3 Council Data The information recorded in the Assessment Record is relevant to the determination of enrolment entitlements. As stated in the Act, the term ―ratepayer‖ is defined as ―a person who appears in the assessment record as the owner or occupier of rateable property‖. Section 172 of the Local Government Act 1999 requires the Council to keep an assessment record showing a number of matters including: a description of each piece of rateable land in the Council area; so far as is known to the CEO, the name of any occupier of the land (not being an owner or principal ratepayer of the land); the name and address of the owner; and if the owner is not the principal ratepayer, the name and address of the principal ratepayer. Under the Local Government (Elections) Act 1999 residents, sole owners, sole occupiers, group owners or group occupiers can enrol on the voters roll in respect of a rateable property. Groups or bodies corporate must nominate a designated person to vote on their behalf. Applications to enrol must be checked against the assessment record and eligibility determined. If the person is eligible for enrolment on the voters roll, their prescribed details (see Section 15(2) of the Act) must be recorded. These validated enrolments form the Council supplementary component of the voters roll and must be merged with the House of Assembly roll data. ECM 594629 Voters Roll Practice Manual Page 7 of 50 4. Step 2 – Enrolment Entitlement Generally, names that appear in the assessment record may be entitled to be enrolled, subject to a number of qualifications. A general exception to this is State crown entities which cannot enrol or vote in Local Government elections. Further, if a name appears on the voters roll, that is conclusive evidence of an entitlement to vote. Under the Act, people who are entitled to be enrolled to vote are: natural persons (ie. individuals) who are recorded on the House of Assembly roll as residents of the area or ward; Note: a natural person who is provisionally enrolled as an elector for the House of Assembly roll is entitled to provisional enrolment on the voters roll (and is entitled to vote if they are 18 or over on polling day) have made application to the CEO in Form 1 confirming continuous residency for at least one month immediately preceding the application; have made application to the CEO in Form 1 as a ratepayer, and sole owner of rateable property; have made application to the CEO in Form 1 as a ratepayer, and sole (non residential) occupier of rateable property; bodies corporate which have made application to the CEO in Form 2 as a ratepayer, and sole owner or sole occupier of rateable property; a group of persons who have made application to the CEO in Form 3 as ratepayers and joint owners, owners in common or joint occupiers of rateable property (for example, a person and their spouse, or a family group occupying non-residential property, or a business partnership) provided that: at least one member of the group (whether a natural person or a body corporate) is not on the voters roll as a natural person or body corporate (as above), and no member of the group is on the voters roll by virtue of a House of Assembly roll or 'resident's declaration' as a resident in respect of the rateable property for which the entitlement to vote is claimed, and no member of the group who is a non-owner occupier of the rateable property is a resident of the rateable property. Note: Copies of Forms 1, 2 and 3 appear at Appendix 2 to this Manual. 4.1 Practical Assessment Process – Group Entitlement Given the intricacies of determining whether a group is entitled to be enrolled on the voters roll, the following practical approach is recommended: has the group included a 'designated person'? if so, is that 'designated person' already on the voters roll pursuant to other entitlement? are all members of the group already on the voters roll pursuant to another entitlement? If the answer to the first question is 'no' or the answer to either of the next two questions is 'yes', the group is not entitled to be enrolled. In all other cases, proceed to assess the group against the balance of the statutory criteria. ECM 594629 Voters Roll Practice Manual Page 8 of 50 4.2 Entitlement for Enrolment Voter Type Minor (under age of majority 18 years) Eligibility to Enrol Local Government (Elections) Act 1999 Reference Voters Roll Practice Manual Reference Yes 14(1a) as provisional enrolment on House of Assembly Roll. No In all other circumstances 14(1)(ab) and (c) Yes 14(1)(a) 5.5.1 Resident not enrolled for the House of Assembly but application lodged with Council Yes 14(1)(ab)(i) 5.5.2 Owner ratepayer – sole natural person (of rateable property) but application lodged with Council Yes 14(1)(ab)(ii) 5.5.3 Occupier ratepayer – sole natural person (of rateable property) – not resident but application lodged with Council Yes 14(1)(ab)(iii) 5.5.4 Body Corporate (Ratepayer and is sole owner or sole occupier of rateable property) but application lodged with Council Yes 14(1)(b) 5.5.5 Owner – Group Yes 14(1)(c) 5.5.6 Occupier – Group Yes 14(1)(c) 5.5.6 Occupier – Joint - where each occupier applies in their own right No Person enrolled as an elector for the House of Assembly 5.5.1 (NOTE: provisional entitlements) (see Group Qualifications above) 4.3 Enrolment Criteria The following guide is provided to assist in assessing enrolment applications. With the exception of persons provisionally enrolled on the House of Assembly roll, all persons must be 18 years of age or above to be entitled to be enrolled on the voters roll. The following are entitled to be enrolled on the voters roll provided they meet all required criteria: Persons on the House of Assembly roll for the area (including provisional voters who may only vote if they are 18 or above, on or before close of voting) A Council resident who has completed Form 1 A sole owner, being a natural person who is also a ratepayer in respect of that property who has completed Form 1 ECM 594629 Voters Roll Practice Manual Page 9 of 50 A sole non-residential occupier, being a natural person who is also a ratepayer in respect of that property who has completed Form 1 A sole owner, being a body corporate who is also a ratepayer in respect of that property who has completed Form 2 (must nominate a designated person to vote) A sole occupier, being a body corporate who is also a ratepayer in respect of that property who has completed Form 2 (must nominate a designated person to vote) A group which has completed Form 3 being ratepayers of rateable property being tenants in common or joint owners or joint occupiers of the property at least one member of the group is not enrolled in their own right in respect of another property in the ward or area as the case may be no member of the group is enrolled as a resident of the property, and no member of the group who is an occupier (but not an owner) is a resident of the property. (NOTE: Groups must nominate a designated person to vote) 4.4 Enrolment Example The following example outlines the importance of determining entitlements to enrol. In a small two-storey office block there may be four separate occupiers, for example two firms of accountants, a real estate company and a travel agent. Each of these occupancies has a separate assessment record in the Council rating system. The building is owned by an investor who is not an occupier; this person pays the total rates levied against the property. Each entity may be entitled to be enrolled on the Council‘s voters roll if each person or group, or in the case of a group each member of the group, is an occupier and is entered in the assessment record, and each person or group makes the required application to the CEO for enrolment The Council will need to decide what steps will be taken (and what resources will be devoted) to identifying the four separate occupiers for the purposes of the voters roll, and to listing their names and other details in the assessment record. If each of the four businesses is listed in the assessment record as a sole occupier for one of the four assessments, they will meet the requirement of being sole occupier of rateable property and will also satisfy the definition of ―ratepayer‖, and (subject to making application) will be able to meet the criteria for enrolment. In addition, the owner/investor is the sole owner and the principal ratepayer and will also be able to meet the criteria for enrolment but will also be required to make application to the CEO. In this example (and subject to the application requirements), there are a total of five entitlements to enrol. However if the Council only has a single assessment record for the example, the four occupiers would represent one group of occupiers and share one enrolment entitlement. A second voting entitlement would still apply to the owner/investor. ECM 594629 Voters Roll Practice Manual Page 10 of 50 4.5 Flowcharts – How to Determine Enrolment Entitlements 4.5.1 Person Enrolled on ECSA, House of Assembly Roll Local Government (Elections) Act 1999 Reference: 14(1)(a) and 14(1a) Is the natural person over 18 and enrolled as an elector for the House of Assembly in that area; or provisionally enrolled and will turn 18 on or before the close of voting? No Consider other possible entitlements but subject to application Yes Entitled to be Enrolled Note: Provisional Entitlements ECM 594629 Voters Roll Practice Manual Page 11 of 50 4.5.2 Resident – Application Made to Council Local Government (Elections) Act 1999 Reference: Section 14(1)(ab)(i) Is the natural person: 18 or over, a resident in the Council area, and made an application to the CEO, and has been a continuous resident for one month prior to application No Make application or refer to other possible entitlements Yes Is the natural person enrolled on the Voters Roll by virtue of another entitlement? Yes Resolve Conflict No Entitled to be Enrolled ECM 594629 Voters Roll Practice Manual Page 12 of 50 4.5.3 Natural Person / Owner – Sole Ratepayer and sole owner Local Government (Elections) Act 1999 Reference: Section 14(1)(ab)(ii) Is the natural person: 18 or over, a ratepayer and a sole owner of that rateable property; and made application to the CEO No Make application or refer to other possible entitlements Yes Yes Is the natural person enrolled on the Voters Roll by virtue of another entitlement? Resolve Conflict No Entitled to be Enrolled ECM 594629 Voters Roll Practice Manual Page 13 of 50 4.5.4 Natural Person / Occupier (Non Residential) – Sole Ratepayer and sole (non-residential) occupier Local Government (Elections) Act 1999 Reference: Section 14(1)(ab)(iii) Is the natural person: 18 or over a ratepayer and a sole (non residential) occupier of that rateable property, and made application to the CEO? No Make application or refer to other possible entitlements Yes Is the natural person enrolled on the Voters Roll by virtue of another entitlement? Yes Resolve Conflict No Entitled to be Enrolled ECM 594629 Voters Roll Practice Manual Page 14 of 50 4.5.5 Body Corporate Ratepayer and sole owner or Ratepayer and sole occupier Local Government (Elections) Act 1999 Reference: Section 14(1)(b) Is the Body Corporate: a ratepayer and a sole owner or sole occupier of the property, and made application to the CEO? No Make application or refer to other possible entitlements Yes Is the designated person of the body corporate enrolled by virtue of another entitlement in the area or ward? Yes Consider other possible entitlements and any potential conflicts in terms of one vote per election No Entitled to be Enrolled ECM 594629 Voters Roll Practice Manual Page 15 of 50 4.5.6 Group Entitlements The Act provides that an Owner Group or Occupier Group will be denied a vote in respect of a property if all members of the group are already enrolled on the relevant voters roll (Area or Ward) any member of the group is enrolled on the House of Assembly Roll in respect of that property or is a Resident who has lodged the required form in respect to that property Local Government (Elections) Act 1999 Reference: 14(1)(c) Please See Flowchart on following page ECM 594629 Voters Roll Practice Manual Page 16 of 50 Group Entitlements - Flowchart No Has application been made to the CEO ? Make Application Yes No Are all members ratepayers within the area/ward? Not Entitled Yes Are the members joint owners, owners in common or joint occupiers of the property? No Not Entitled Yes Is at least one member of the group (a natural person being 18 or over) not otherwise enrolled on the relevant voters roll? No Not Entitled Yes Is any member of the group enrolled as a resident of the property? Yes Not Entitled No Is any member of the group, who is not an owner, a residential occupier of the property? Yes Not Entitled No Entitled to be Enrolled ECM 594629 Voters Roll Practice Manual Page 17 of 50 4.6 Group Names Local Government (Elections) Act 1999 Reference: Section 14(6), 14(7) The Act requires that a group on the voters roll must have a name, and the word ―Group‖ must appear as the last word of that name. The group may decide its own name and notify the Council, but the responsibility for determining the group name is that of the CEO. It should be noted that the mail-out of ballot material will contain the name of the designated person, the group name and the address where the designated person wishes the ballot paper/s to be forwarded. Suggestions Councils are likely to have a number of bodies corporate or group owners of rateable property on their assessment record. Examples are: holiday homes owned by a group of family members in a country area, who live in a Council area different from the one where the holiday home is situated business premises, flats and home units in a Council area owned by a company or group of investors who live in another Council area. Care will need to be taken when recording the entitlements of the same owner/occupier in more than one ward. 4.7 Step 2 Checklist Systems in place to verify voter eligibility Systems in place to assign voter eligibility – determine which voting entitlement is to be assigned – Mayor and ward (Both), ward only (Ward) Group name format in place (Group appears as last word of name). STATE CROWN ENTITIES Ensure there are no State Crown Entities on your voters roll – refer https://www.bmsportal.sa.gov.au/DCS/util_entity.aspx 5. Step 3 – Merging and Checking Data 5.1 Merging There are diverse computer systems used across Councils. The following are some useful principles for preparing the voters roll. In comparing the records from ECSA House of Assembly roll with those of the Council supplementary roll, it is important that a strict order of procedure be observed. This order is: 1. ECSA record 2. Council enrolment record (application for enrolment form lodged) : 2.1 Resident 2.2 Sole owner ratepayer (natural person or body corporate) 2.3 Sole occupier ratepayer (non-residential) (natural person or body corporate) 2.4 Group owner or occupier ratepayer (natural person, body corporate or combination of these). ECM 594629 Voters Roll Practice Manual Page 18 of 50 When a match is found between the ECSA records and any Council enrolment record, the ECSA record must take precedence and the other record(s) discarded in respect of that ward or the area as the case may be. Files from ECSA and the Council data base are merged to create the draft voters roll using either the Council‘s information system or with the assistance of a third party package such as Microsoft Access In every case, manual checks may be required to identify duplicates with the residents and designated persons, suppressions, state Crown entities and addressing issues, etc. These can be identified using an exception report produced by the software but a manual review process should also be undertaken (due to possible differences in data values eg. names and address etc.) Where a match is achieved against the surname and given names for natural persons and designated persons the record with the highest precedence is retained and the other record discarded. The House of Assembly record has the precedence and the Council supplementary record is deleted (or vote type amended from „Both‟ to „Ward‟ as appropriate). This would normally be determined when receiving the application for enrolment form or during regular roll maintenance processes but a final check must be undertaken when producing a voters roll for certification and election purposes If there is an entitlement for more than one ward, an elector can only receive 1 Mayor/Ward (Both) entitlement and the remaining entitlements are Ward-only entitlements. 5.2 Data Matching Issues When preparing the voters roll exceptions will occur, particularly in the following areas. It is suggested that automated software and manual processes are put into place to ensure any issues are identified and rectified to remove the likelihood of duplications or incorrect vote allocations. The following listing highlights areas to be aware of when preparing the voters roll. (Examples provided by ECSA). Surnames Spelling or special characters Multiple joint owners (members of groups) this should not occur as we are comparing HA records with residents and designated person names Married name changes Names of ethnic origin swapped context. Examples: O‘Rielly Brenda Jones Van Der Hun Le Minh Tuan vs vs vs vs O‘Reilly (letters transposed) Brenda Williams (change of surname) Vanderhun (spaces removed) Tuan Le Minh (surname presented in different order) Given names Ethnic variations Swapped around Initials only Spelling or special characters. ECM 594629 Voters Roll Practice Manual Page 19 of 50 Examples: Salvatore vs Sam Giuseppe vs Joe Giovanni vs John Michael vs Micheal Adam John vs John Adam WA vs William Alan Phillip vs Philip Jo-Anne vs Joanne Street Addresses Habitation names Number ranges Street types Rural addresses Examples: Southern Cross Homes Wirra Lodge 104-106 Black Road vs 104 Black Road (no number ranges, enrolled at the lowest number) Alt 5 Sec 456 Mitchell Road vs Lot 5/Sec 456 Mitchell Road Street vs St Avenue vs Ave Road vs Rd Suburb Addresses Suburb State Post Code Example Rose Park 5067 vs Rose Park SA 5067 Duplicates The system or process should alert administrators upon finding a duplication. An exception report should be created but the duplicate entries should not be automatically removed. The records should be manually checked to eliminate the possibility of instances such as father/son/grandson with the same names being deleted from the roll. Listed below are possible methods of locating duplicates within the data. Finding duplicates Examples: Match exact surname and given names and street address (caution: father/son or grandfather/grandson with same name) Match exact surname and first initial and street address Compare the given name to identify any possible duplicates – eg.J A vs John Alan ECM 594629 Voters Roll Practice Manual Page 20 of 50 Match surname and first initial and first 6 characters of street address (refinement of last search – will ignore address differences ie. Spelling or street type differences) Match given names and street address (Look for change of surname – ie. spelling or marriage). A possible solution to the above issues is the use of the unique voter identifier provided in the ECSA data. This should be permanently attached to the Council‘s name record (if your system allows this). Using the unique voter ID it should be easy to determine any duplicates when Council staff assess the application for enrolment. Enrolments should also be checked against the House of Assembly file received at the end of each month to determine if the resident or designated person has since enrolled for that or any other rateable property within the area/ward. Separate application forms are required for each additional property/assessment. 5.3 Step 3 Checklist ECSA ASCII File received Council database in readiness Merge files together using either Council management system OR external package eg. Microsoft Access Check for duplications due to format/matching issues: Surnames Given Names Street Address Suburb Address. 6. Step 4 – Suppressions from the Voters Roll 6.1 Suppressions Local Government (Elections) Act 1999 Reference: Section 15 (3), 15 (4) The address of a person‘s residence or the address of a property for which a person is claiming entitlement for enrolment, may be suppressed under certain circumstances. If any address is suppressed from the House of Assembly roll the address must also be suppressed from the voters roll. If, in the opinion of the CEO, the inclusion of an address in the voters roll (which is freely available for public scrutiny) may place at risk the personal safety of the person enrolled on the voters roll, or that of any member of that person‘s family, or of any other person, that address may be suppressed from the voters roll. In relation to suppressions the following requirements should be noted: suppressed names from the ECSA file should be extracted and matched against Council data (and subsequently suppressed in the voters roll) Matching can be done using application-driven software and/or via a manual process Enquiries relating to ECSA suppressions and matching to Council data can be referred to ECSA for confirmation ECM 594629 Voters Roll Practice Manual Page 21 of 50 Mailing address information for suppressed address electors will need to be provided in the data file that Council provides to the Returning Officer to allow for the posting of ballot material. The address information MUST be suppressed from all other versions of the roll that may be viewed. 6.2 Step 4 Checklist Extraction of suppressed names from ECSA file Matching of suppressions against Council data Methods include both software-driven and manual applications Contact ECSA for further information/clarification of suppressed names. Electoral Commission of South Australia Level 6, 60 Light Square ADELAIDE SA 5000 GPO Box 646 Adelaide SA 5001 Telephone: (08) 7424 7400 Facsimile: (08) 7424 7444 Email: [email protected] 7. Step 5 – Production of the Roll Local Government (Elections) Act 1999 Reference: Section 15(13), 15(14), 15(15) The latest date by which the voters roll must be brought up to date in accordance with the Local Government (Elections) Act 1999 requirements, is within three weeks after the supply of relevant information from the Electoral Commissioner. That is, within four weeks after the relevant closing date. “A voters roll will be taken to have been brought up to date when copies of the roll are available for public inspection …………” Output from the process includes the following: A certified soft copy of the name, address, ward and vote type which is sent to ECSA A certified hard copy including the name, address ward and vote type which is sent to ECSA A hard copy of the roll which must be made available for public inspection at no cost A hard copy to the Deputy Returning Officer A hard copy (one per candidate) available (without charge) to candidates in printed form between close of nominations and polling day Further copies available for purchase by candidates in printed form upon payment of fee determined by Council. NOTE: With the exception of ECSA - soft/electronic copies of the voters roll must not be provided ECM 594629 Voters Roll Practice Manual Page 22 of 50 Mail out file Data supplied by Councils to ECSA or a Mailing House must follow the format as discussed below with the inclusion of the ‗Vote Type‘ entitlement identifier for ballot requirements (ie. Both – Mayor and Ward or Ward – Ward only). How should ‗soft copy‘ voters roll data be provided? The data should be provided as a Microsoft Excel Spreadsheet in a version no later than Excel 2003 Formatting such as page breaks, page headings, bolding etc should not be used nor should hidden columns or calculated values The first row should contain the column names for clarification with columns following the standard layout. 7.1 Council File Format The file format specification for ECSA is as follows Fields LGA Code Maximum length of 3 - no leading zeros Ward Code Maximum Length of 2 - no leading zeros Family Name for natural person/designated person Maximum length of 25 Given Names for natural person/designated person Maximum length of 25 Body Corporate/ Group Name (where Designated Person – or blank for natural person enrolments) Maximum length of 50 Address 1 Maximum length of 40 Address 2 Maximum length of 40 Address 3 Maximum length of 40 Vote Type Maximum length of 4 The standard information required for an individual elector consists of the following:LGA Code 25 (no leading zeros) Ward Code 1 (no leading zeros) Surname Jones Other Names Thomas Angus Body Corporate or Group Name Blank Address 1 - Property Address - Postal Address The Ranch or 1 William Street Address 2 - Street Address - Suburb Address 1 William Street or Suburbia SA 5555 Address 3 - Suburb Address - Blank Surburbia SA 5555 or Blank Vote Type Both (or Ward) ECM 594629 Voters Roll Practice Manual Page 23 of 50 NOTE: There is a MAXIMUM of 3 address lines The standard information required for a Group or Company consists of the following:LGA Code: 25 (no leading zeros) Ward Code: 1 (no leading zeros) Surname: (Natural person or designated person) Jones Other Names: Thomas Angus Body Corporate/ Group Name Centro Properties Pty Ltd or Jones and Smith owners Group Address 1 –Property/Street/Postal Address Level 1 Centro Plaza or 1 William Street Address 2 – Street/Postal/Suburb Address 1 William Street or SUBURBIA SA 5555 Address 3 – Suburb Address SUBURBIA SA 5555 or Blank Vote Type: Both (or Ward) NOTE: There is a MAXIMUM of 3 address lines 7.2 Step 5 Checklist Roll brought up to date within time parameters Within three weeks of supply of ECSA/ House of Assembly roll (ie within four weeks of closing date) Certified soft copy of voters roll including name/address/ward and vote type to ECSA Certified hard copy including name/address/ward and vote type to ECSA Hard copy made available for public inspection (Note: inclusion of Date of Birth is a new requirement for Designated Persons) Hard copy to the Returning Officer Hard copies available for candidates (only one copy without charge) after close of nominations If using Mailing House, soft copy as was forwarded to ECSA above Format (soft copy) Microsoft Excel no later than Excel 2003 Unformatted ie. no breaks, text formatting First row to be column names Compliance with formats for both Individual and Group/company (Designated persons) has been followed ECM 594629 Voters Roll Practice Manual Page 24 of 50 8. Step 6 – Ongoing Roll Maintenance Local Government (Elections) Act 1999 Reference: Section 15(1), 15(6), 15(7) The voters roll information must be ―actively‖ maintained to ensure it exists in a form that allows for the voters roll to be brought up to date at any time within three weeks after the supply of House of Assembly voter information by ECSA (or within four weeks of the close of the roll). Suggestions Opportunity to educate and involve other Council departments to inform changes that may affect the assessment record information/database which will assist when assessing applications for enrolment Ongoing updating of assessment information held within Council database to ensure readiness for roll production Checking of/for duplications before roll is required to be produced Monthly loading of House of Assembly roll to match names and load unique voter ID into Council name system (where software allows) Monthly or periodic checks of Council enrolments against House of Assembly data Ensure enrolment data for property is reviewed during any maintenance functions and remove entries as appropriate or issue a CEO letter to check entitlement Periodic reviews of enrolments and issue CEO letter where required to check entitlements Undertake check of all enrolments immediately if made aware of supplementary election. 9. Delegations and Policies It is important to ensure that appropriate delegations and policies are in place for rate administrators to act in respect to maintaining assessment record and voters roll information. Policies should be supported by documented procedures. ECM 594629 Voters Roll Practice Manual Page 25 of 50 10. Contact Information Electoral Commission of South Australia (ECSA) Level 6, 60 Light Square ADELAIDE SA 5000 GPO Box 646 ADELAIDE SA 5001 Phone: (08) 7424 7400 Facsimile: (08) 7424 7444 Email: [email protected] Electoral Commissioner Ms Kay Mousley Deputy Electoral Commissioner Mr David Gully Electoral Information: General Contact Officer (Information): Senior Electoral Officer: Local Government Systems Project Office Elections: Electoral Officer: State Manager Elections: Ms P Bentley (08) 7424 7400 Ms L Redpath (08) 7424 7420 Mr A Nickolls (08) 7424 7427 Ms K Mousley (08) 7424 7400 Mr W McAvaney (08) 7424 7400 Mr R Parkins (08) 7424 7415 Local Government Association of South Australia (LGA) GPO Box 2693 ADELAIDE SA 5001 Phone: 08 8224 2000 Email: [email protected] www.lga.sa.gov.au South Australian Institute of Rate Administrators (SAIRA) SAIRA PO Box 572 GLENSIDE SA 5065 Joan Murrell President Telephone: 8384 0530 Facsimile: 8382 8744 Email: [email protected] ECM 594629 Voters Roll Practice Manual Page 26 of 50 11. Glossary Act The Local Government (Elections) Act 1999, Local Government Act 1999 & Regulations Area Councillor A person elected to represent electors across the whole of the Council area, rather than in one ward Alienate To transfer the title in property Body Corporate An entity legally incorporated under a statutory provision (eg. a company, an incorporated association, co-operative, trade union, friendly society or other like incorporated body; excludes partnerships, private trusts or unincorporated bodies) CEO The chief executive officer of a Council (including any person acting in that office) Crown In a State Act means the Crown in the right of the State (and not the Commonwealth) Crown Entities Includes State government departments, agencies subject to ministerial direction and other government instrumentalities Designated Person A natural person of or above 18 years of age who is an officer of the body corporate or a member of the group and is authorised by the body corporate or group to vote on its behalf Election The process of choosing a representative to occupy an official position by voting Elector Means a person, body corporate or group of persons enrolled on the voters roll for a Council Electoral Commissioner The statutory officer responsible to the Minister for the administration of the Act Electoral Commission SA (ECSA) The agency that is responsible for administering and overseeing the conduct of South Australian State and Local Government elections Enfranchise To give a person the right to vote Franchise The right to vote Group A group of natural people, or of bodies corporate, or of a mixture of natural people and bodies corporate Natural Person Means a human being in the ordinary sense, (as opposed to artificial persons or entities such as companies which are recognised as legal persons under the law) Occupier Means a person who is, either jointly or alone, in possession of land (to the substantial exclusion of others) Officer of a body corporate is a director, manager, secretary, public officer or ECM 594629 Voters Roll Practice Manual Page 27 of 50 other person involved in the management of the body corporate Owner Owner of land means— (a) if the land is unalienated Crown land - the Crown; or (b) if the land is alienated from the Crown by grant in fee simple (i) the holder of an estate in fee simple, or a life estate, in the land; or (ii) the holder of a leasehold estate in the land who is not in occupation of the land; or (iii) a mortgagee in possession of the land (or a receiver appointed by such a mortgagee); or (c) if the land is held from the Crown under a lease, licence or agreement to purchase—the lessee, licensee or purchaser; or (d) a person who holds native title in the land; or (e) a person who has arrogated to himself or herself (lawfully or unlawfully) the rights of an owner of the land, and includes the executor of the will, or administrator of the estate, of any such person Person A natural person or body corporate Provisional Enrolment A natural person is entitled to be on the voters roll because they are enrolled on the House of Assembly roll as a provisional elector, and who may vote if they turn 18 years of age on or before the close of voting Rateable property Means all land within the area of the Council that is rateable under Chapter 10 of the Local Government Act 1999 Ratepayer Means a person who appears in the assessment record as the owner or occupier of rateable property Suppressions (Silent enrolment) Those electors whose address is suppressed from the State Electoral Roll or those for whom the CEO of a Council considers that publication of their address on the voters roll may endanger the personal safety of themselves or family members or any other person Unalienated Land where the title has not been transferred from the Crown Voters roll A list of the names and address details of all people who are entitled to vote in a Council election ECM 594629 Voters Roll Practice Manual Page 28 of 50 12. References Electoral Commission of South Australia www.ecsa.sa.gov.au Local Government Policy Unit, Department of Planning, Transport and Infrastructure (formerly Office for State/Local Government Relations ) www.localgovt.sa.gov.au Local Government Association South Australia www.lga.sa.gov.au Local Government Act 1999 Local Government (Elections) Act 1999 Elections Act, Local Government (Elections) Act, 1999 Part 1 Preliminary, Section 4 Preliminary Elections Act, Local Government (Elections) Act, 1999 Part 4 Enrolment, Section 14 Qualifications of Enrolment Elections Act, Local Government (Elections) Act, 1999 Part 4 Enrolment, Section 15 The Voters Roll Elections Act, Local Government (Elections) Act, 1999 Part 5 Entitlement to Vote, Section 16 Entitlement to Vote Australian Electoral Commission www.aec.gov.au Parliament of South Australia www.parliament.sa.gov.au South Australian Legislation www.legislation.sa.gov.au ECM 594629 Voters Roll Practice Manual Page 29 of 50 13. Appendices Appendix 1 Sections 14, 15 & 16, Local Government (Elections) Act 1999 (Version: 21.12.2009) Appendix 2 Enrolment Application Forms Appendix 3 Template letters ECM 594629 Voters Roll Practice Manual Page 30 of 50 Appendix 1 LOCAL GOVERNMENT ELECTIONS ACT 1999 (Version: 21.12.2009) PART 4 - ENROLMENT 14. Qualification for enrolment 1 (1)Subject to this Act — (a) a natural person is entitled, without application, to be enrolled on the voters roll for an area or ward if that person is enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; and (ab) a natural person (not being a person referred to in paragraph (a)), who is of or above the age of majority, is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if that person— (i) is resident at a place of residence within the area or ward and has been so resident for a continuous period of at least 1 month immediately preceding the date of the application for enrolment; or (ii) is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or (iii) is a ratepayer in respect of rateable property within the area or ward, is the sole occupier of that rateable property, and is not a resident in respect of that rateable property; and (b) a body corporate is entitled, on application to the chief executive officer under this section, to be enrolled on the voters roll for an area or ward if it is a ratepayer in respect of rateable property within the area or ward and is the sole owner or sole occupier of the rateable property; and (c) a group of persons (consisting of natural persons, bodies corporate or partly of natural persons and partly of bodies corporate) is entitled, on application to the chief executive officer under this section, to be enrolled as a group on the voters roll for an area or ward if— (i) the members of the group are all ratepayers in respect of rateable property within the area or ward; and (ii) the members of the group are joint owners, owners in common or joint occupiers of the rateable property; and ECM 594629 Voters Roll Practice Manual Page 31 of 50 (iii) at least one member of the group (being a natural person of or above the age of majority or a body corporate) is not enrolled on the relevant voters roll under paragraph (a), (ab) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a) or (ab)(i) as a resident in respect of the rateable property; and (iv) no member of the group who is an occupier of the rateable property but not an owner is a resident in respect of the rateable property. (1a) A natural person is entitled, without application, to provisional enrolment on the voters roll for an area or ward if he or she is provisionally enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward. (2) No enrolment will be made on the voters roll on the basis of a claim or application received between the time at which rolls for an election or poll close and polling day for the election or poll. (3) If— (a) a person has been enrolled as an elector under subsection (1)(ab)(i) on the basis of residence at a particular place of residence; and (b) the chief executive officer sends a notice to the relevant address asking the elector to indicate whether he or she is still resident at that address; and (c) the chief executive officer receives no reply within 28 days of the date of the notice or receives a reply indicating that the elector is no longer resident at that address, it may be presumed, for the purposes of the revision of the voters roll, that the elector is not still resident in the area or ward. (3a) Except as otherwise provided in this Act, the name of a person, body corporate or group must not be added to the voters roll for an area or ward except in accordance with an application for enrolment. (3b) An application for enrolment on the voters roll for an area or ward must— ECM 594629 (a) be in a form approved by the returning officer; and (b) be signed and witnessed as required by the returning officer; and (c) be made to the chief executive officer of the council. Voters Roll Practice Manual Page 32 of 50 (3c)If an application for enrolment in respect of an area or ward is received by a chief executive officer, the chief executive officer must enrol the applicant unless— (a) the chief executive officer believes the applicant is not entitled to be enrolled; or (b) — (i) in the case of an application made in respect of an entitlement under subsection (1)(ab)—the natural person is already on the voters roll for the area or ward by virtue of another entitlement to vote; or (ii) in the case of an application made in respect of an entitlement under subsection (1)(b) or (1)(c)—the designated person of the body corporate or group is already on the voters roll for the area or ward (whether as a designated person or by virtue of another entitlement to vote). (6) The chief executive officer may determine the name of a group for the purposes of the voters roll. (7) The name of a group must include the word "Group" at the end. (8) For the purposes of subsection (1)(ab)(iii) and (c)(iv), the chief executive officer is entitled to assume (in the absence of any information in the hands of the chief executive officer to the contrary) that a ratepayer in respect of rateable property used for residential purposes who is a natural person and who is (or who appears to be) an occupier but not an owner of that rateable property is a resident in respect of that rateable property (and the voters roll may have effect accordingly). (9) A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this section. Maximum penalty: $10 000. Note— 1 Subsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999). ECM 594629 Voters Roll Practice Manual Page 33 of 50 15. The voters roll (1) The chief executive officer is responsible for the maintenance of a voters roll for the area. (2) Subject to this section, the voters roll must set out in relation to each person, body corporate or group enrolled— (a) in the case of a natural person—the full name of the person and the address of the person's place of residence; and (b) in the case of a body corporate or group—the full name of the body corporate or group and the full name, residential address and date of birth of the designated person for the body corporate or group; and (c) the address of the place of residence or rateable property (as the case may be) by virtue of which the person, body corporate or group is entitled to be enrolled; and (d) at the option of the person, body corporate or group—an additional address nominated by the person, body corporate or group (in a manner and form determined by the chief executive officer) for the service of postal voting papers under Part 9; and (e) (3) any prescribed particulars. If the chief executive officer is satisfied that the inclusion on the voters roll of the address of the place of residence of a person or the address of a place of residence or rateable property (as the case may be) by virtue of which a person is entitled to be enrolled would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the voters roll. (4) If the chief executive officer is satisfied that the address of the place of residence of a person entitled to be enrolled to vote is suppressed from a roll under the Electoral Act 1985, the chief executive officer must also suppress that address from the voters roll. (5) If an area is divided into wards, the voters roll must differentiate the electors enrolled on the roll according to the wards in respect of which they are entitled to vote. (5a) Subject to subsection (5b), the voters roll expires on 1 January in each year in which a periodic election is to be held and a fresh voters roll is to be prepared after 1 January for the purposes of the election. • The effect of subsection (5a) is that voters who must apply under section 14 to be enrolled on the roll are required to lodge fresh applications for enrolment prior to each periodic election. ECM 594629 Voters Roll Practice Manual Page 34 of 50 (5b) If a casual vacancy occurs before any time on which the voters roll is to expire under subsection (5a) (the expiry date) but the supplementary election to be held to fill that vacancy will not take place until after the expiry date, for the purposes of the supplementary election, the voters roll is to be taken to continue in existence until the conclusion of the supplementary election. (6) The voters roll must be maintained in a form that allows for the roll to be brought into an up-todate form (including by the merger of enrolment information for the House of Assembly) within three weeks after the supply of relevant information by the Electoral Commissioner under subsection (10). (7) The voters roll must be brought up-to-date whenever an election or poll is to be held so as to reflect entitlements as they exist— (a) in the case of a periodic election—on a day fixed by the returning officer for the close of the roll; (b) in the case of any other election, or a poll—on a day fixed for the close of the roll by the proclamation or notice fixing polling day for the election or poll. (8) A day that falls within the ambit of subsection (7) will be the closing date for the roll. (9) The closing date must not be less than— (a) in the case of the closing date under subsection (7)(a)—13 weeks before polling day for the relevant election; (b) in the case of the closing date under subsection (7)(b)—8 weeks before polling day for the relevant election or poll. (10) The Electoral Commissioner must, within seven days after a closing date, supply the chief executive officer with a list of the persons who are, as at the closing date, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area. • A list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer. (11) If the area of a council is divided into wards, the list supplied under subsection (10) must differentiate the electors according to the wards in relation to which they are enrolled. (12) The Electoral Commissioner is entitled to recover as a debt from a council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this section. (13) The voters roll must be brought up-to-date in accordance with the requirements of subsection (7) within four weeks after the relevant closing date. • A voters roll will be taken to have been brought up-to-date when copies of the roll are available for public inspection and purchase under this section. ECM 594629 Voters Roll Practice Manual Page 35 of 50 (14) A council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the council. (15) At any time between the close of nominations and polling day for an election, a nominated candidate for the election is entitled to obtain from the relevant council a copy of the voters roll in printed form for the area (and he or she may, during that period, obtain further copies of the voters roll in printed form from the council on payment of the fees fixed by the council). (16) The chief executive officer must supply the returning officer with sufficient copies of the voters roll, certified by the chief executive officer, for use at an election or poll. (17) The chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this section and is entitled to assume that such a list is accurate. (18) The validity of a voters roll is not affected by a misdescription or other error in the roll. (19) A voters roll is conclusive evidence of the entitlement of a person, body corporate or group whose name appears in the roll as an elector to vote at an election or poll at which the roll is 2 used. Note— 2 ECM 594629 Part 5 is also relevant to determining entitlements to vote. Voters Roll Practice Manual Page 36 of 50 PART 5 – ENTITLEMENT TO VOTE 16—Entitlement to vote (1) Subject to subsection (1a), a natural person who has his or her name on the voters roll used for an election or poll as an elector in his or her own right is entitled to vote at that election or poll. (1a) A natural person is not entitled to vote at an election if— (2) (a) he or she was provisionally enrolled; and (b) he or she is not, as at polling day, of or above the age of majority. A natural person is entitled to vote at an election or poll for a body corporate, or group, which has its name on the voters roll if the natural person is the designated person on the voters roll for the body corporate, or group. (5) If the name of a natural person has been omitted in error from a voters roll used for an election or poll, the person is, subject to this Act, entitled to vote at the election or poll as if the error had not occurred. (6) If the name of a body corporate has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Act, entitled to vote at the election or poll under subsection (2) as if the error had not occurred. (7) If the name of a group has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Act, entitled to vote at the election or poll under subsection (2) as if the error had not occurred. (9) A natural person cannot vote at an election or poll for another natural person pursuant to a power of attorney. (10) A natural person may only vote in 1 capacity at an election or poll (but this clause does not prevent a person voting at 2 or more elections for a council held on the same day). ECM 594629 Voters Roll Practice Manual Page 37 of 50 Appendix 2 ENROLMENT FORMS Form 1 Natural Person – Council Resident, Sole Owner or Sole Occupier Form 2 Bodies Corporate – Sole Owner or Sole Occupier Form 3 Group Owners or Occupiers – Bodies Corporate, Natural Persons or combinations of both ECM 594629 Voters Roll Practice Manual Page 38 of 50 Form 1 (front) ECM 594629 Voters Roll Practice Manual Page 39 of 50 Form 1 (back) ECM 594629 Voters Roll Practice Manual Page 40 of 50 Form 2 (front) ECM 594629 Voters Roll Practice Manual Page 41 of 50 Form 2 (back) ECM 594629 Voters Roll Practice Manual Page 42 of 50 Form 3 (front) ECM 594629 Voters Roll Practice Manual Page 43 of 50 Form 3 (back) ECM 594629 Voters Roll Practice Manual Page 44 of 50 Appendix 3 ENROLMENT LETTERS Letter 1 Enrolment Letter – inviting electors to enrol (general letter to community) Letter 2 Enrolment Letter – inviting electors to renew enrolment (at purge of roll) ECM 594629 Voters Roll Practice Manual Page 45 of 50 Letter 1 Enrolment Letter – inviting electors to enrol (general letter to the community) In reply please quote: " Date" " Name" "Address 1" "Address 2" "ADDRESS 3" Dear " Name" Application for Enrolment on the Council Supplementary Voters Roll Property Address: 'Address' The Local Government (Elections) Act 1999 delegates to the Chief Executive Officer the responsibility of maintaining the voters roll for Council elections. Under the provisions of the Local Government (Elections) Act 1999 the Council supplementary voters roll expires and is purged from 1 January in the year of the periodic elections. The effect of this requirement is that ratepayers who are not on the House of Assembly Electoral Roll for the Council area and wish to vote in Council elections are required to lodge an application for enrolment prior to each periodic election. There are three enrolment forms, one for each category (natural person; bodies corporate or group) with a detailed description of eligibility (see over for information). any person completing a form must be of the age of 18 years or over to apply groups or bodies corporate must nominate a person to vote on their behalf an elector can only vote once for an Area or Ward election but is entitled in more than one ward election if they have rateable property in multiple wards. A separate enrolment application must be lodged in respect to each property in these instances you do not need to be an Australian citizen to vote in a council election if you qualify for enrolment on the council supplementary roll. If you require an application form for enrolment please contact the Council or alternatively visit the Council website to access more information and download the appropriate enrolment form. This must be completed, witnessed and returned by close of roll, Friday 8 August 2014 for you to be able to vote. I encourage you to enrol now for the November 2014 Council elections to have a say in your community. If you have any queries regarding your qualification for entitlement to vote for Council elections please contact "Insert contact person details" . Yours sincerely "CEO Name" Chief Executive Officer "Council Name" ECM 594629 Voters Roll Practice Manual Page 46 of 50 Form 1 - Eligibility for Natural Person: Resident, Sole Owner or Sole Occupier (non-residential tenant) who is of the age of 18 or over and is a: 1. Resident A resident is a person who: lives in the Council area; and has lived in the property for at least one month; and is not on the State Electoral Roll (i.e. House of Assembly Roll). or 2. Sole Owner A sole owner is a person who: owns property in the Council area; and is the only owner of the relevant property. or 3. Sole Occupier A sole occupier is a person who: occupies property in the Council area as a tenant; and does not live in that property (a non-resident occupier/operates a business). Form 2 - Eligibility for a Business or Organisation (i.e. a body corporate) which is either: 1. A Sole Owner A body corporate sole owner is an individual business or organisation that owns any type of rateable property in the Council area. or 2. A Sole Occupier A body corporate sole occupier is an individual business or organisation that occupies any type of rateable property in the Council area as a tenant. Form 3 – Eligibility for a Group Owner or Group Occupier 1. Group Owner When a rateable property is owned by more than one owner the right to vote belongs to the group of owners (group owner) not to each member of the group. The individual members who make up the group owner can be: businesses or organisations (bodies corporate); or individual people (natural persons); or a combination of businesses, organisations and people (bodies corporate and natural persons). or 2. Group Occupier When a rateable property is occupied by more than one occupier/tenant the right to vote belongs to the group of occupiers/tenants (group occupier) and not to each member of the group. The individual members who make up the group occupier can be: businesses or organisations (bodies corporate); or individual people (natural persons); or a combination of businesses, organisations and people (bodies corporate and natural persons). Applications for Bodies Corporate and Groups of Persons Must include a designated person to be enrolled on the voters roll for an area or ward. A natural person who is above the age of 18 and who is an officer of the body corporate or group authorised to act on behalf of the body corporate or group for the purposes of voting. ECM 594629 Voters Roll Practice Manual Page 47 of 50 Letter 2 Enrolment Letter – inviting electors to renew enrolment (at purge of roll) In reply please quote: " Date" " Name" "Address 1" "Address 2" "ADDRESS 3" Dear " Name" Application for Enrolment on the Council Supplementary Voters Roll Property Address: 'Address' The Local Government (Elections) Act 1999 delegates to the Chief Executive Officer the responsibility of maintaining the voters roll for Council elections. Our records indicate that you have previously enrolled through Council for inclusion on the Council supplementary voters roll to enable you to vote in Local Government elections in respect to the above property. Under the provisions of the Local Government (Elections) Act 1999 the Council supplementary voters roll expires and is purged from 1 January in the year of the periodic elections. The effect of this requirement is that ratepayers who are not on the House of Assembly Electoral Roll for the Council area and wish to vote in Council elections are required to lodge a fresh application for enrolment prior to each periodic election. There are three enrolment forms, one for each category (natural person; bodies corporate or group) with a detailed description of eligibility (see over for information). any person completing a form must be of the age of 18 years or over to apply. groups or bodies corporate must nominate a person to vote on their behalf. an elector can only vote once for an Area or Ward election but is entitled in more than one ward election if they have rateable property in multiple wards. A separate enrolment application must be lodged in respect to each property in these instances. you do not need to be an Australian citizen to vote in a council election if you qualify for enrolment on the council supplementary roll. Please find enclosed the associated ‗Application for enrolment‘ form for which you were previously enrolled on the Council supplementary voters roll. This must be completed, witnessed and returned by close of roll, Friday 8 August 2014 for you to be able to vote. If your circumstances have changed and an alternative application form is required please contact the Council or alternatively visit the Council website to access more information and download the appropriate enrolment form. I encourage you to enrol now for the November 2014 Council elections to have a say in your community. If you have any queries regarding your qualification for entitlement to vote for Council elections please contact "Insert contact person details" . Yours sincerely "CEO Name" Chief Executive Officer ECM 594629 Voters Roll Practice Manual Page 48 of 50 Form 1 - Eligibility for Natural Person: Resident, Sole Owner or Sole Occupier (non-residential tenant) who is of the age of 18 or over and is a: 4. Resident A resident is a person who: lives in the Council area; and has lived in the property for at least one month; and is not on the State Electoral Roll (i.e. House of Assembly Roll). or 5. Sole Owner A sole owner is a person who: owns property in the Council area; and is the only owner of the relevant property. or 6. Sole Occupier A sole occupier is a person who: occupies property in the Council area as a tenant; and does not live in that property (a non- resident occupier/operates a business). Form 2 - Eligibility for a Business or Organisation (i.e. a body corporate) which is either: 3. A Sole Owner A body corporate sole owner is an individual business or organisation that owns any type of rateable property in the Council area. or 4. A Sole Occupier A body corporate sole occupier is an individual business or organisation that occupies any type of rateable property in the Council area as a tenant. Form 3 – Eligibility for a Group Owner or Group Occupier 3. Group Owner When a rateable property is owned by more than one owner the right to vote belongs to the group of owners (group owner) not to each member of the group. The individual members who make up the group owner can be: businesses or organisations (bodies corporate); or individual people (natural persons); or a combination of businesses, organisations and people (bodies corporate and natural persons). or 4. Group Occupier When a rateable property is occupied by more than one occupier/tenant the right to vote belongs to the group of occupiers/tenants (group occupier) and not to each member of the group. The individual members who make up the group occupier can be: businesses or organisations (bodies corporate); or individual people (natural persons); or a combination of businesses, organisations and people (bodies corporate and natural persons). Applications for Bodies Corporate and Groups of Persons Must include a designated person to be enrolled on the voters roll for an area or ward. A natural person who is above the age of 18 and who is an officer of the body corporate or group authorised to act on behalf of the body corporate or group for the purposes of voting. ECM 594629 Voters Roll Practice Manual Page 49 of 50
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