Preselection of Party Candidates for Public Office
Definitions
1. In this part:
(a) for elections where the State votes as one electorate, a reference to an “electorate” shall mean the State as a whole;
(b) “Nominee” means a person who has submitted a valid nomination for preselection.
(c) Ordinary Member means a person accepted as a member of the Party by the Party Executive.
(d) Party Secretary includes people acting for the Party Secretary during periods when the Party Secretary is absent or the position is not filled.
(e) “Preselector” means a person on the roll of preselectors in accordance with clause 3(2);
(f) “relevant electoral law” means, in addition to the National Constitution, parliamentary legislation concerning electoral matters as applicable;
(g) “Voting member” means a person who:
(i) has been an ordinary member for 3 months prior to the meeting
at which they are attempting to exercise the rights
of a voting member; and
(ii) has attended a Branch meeting in the last three months for which
the Party Secretary has received notice and for which the sign-on
list of attendees has been submitted to the Party Secretary.
Initiation and Supervision of the Preselection Process
2(1). The Party Executive shall determine:
(a) the number of candidates to be preselected in each electorate;
(b) if an order of selection is required;
(c) the date(s) and format(s) for advertising the preselection;
(d) the content of the prescribed nomination form and the manner that nominations shall be lodged. The prescribed form shall include an area for:
(i) nominees to provide biographical material which may
be released to preselectors;
(ii) a statement in support of the nomination written by
the nominee, no longer than 250 words; and
(iii) the endorsements of at least 10 preselectors from the relevant electorate;
(e) the amount of the fee, if any, to nominate for preselection;
(f) the closing time and date for nominations to be received at the Party Headquarters;
(g) the content of the notice to be dispatched to all ordinary members at least 14 days prior to the closing date for nominations. The notice shall advise of the details of the preselection process, including the availability of nomination forms;
(h) the date, time, and venue of the Preselection Meeting for each electorate;
(i) the appointment of a member of the Party Executive to preside at each Preselection Meeting which may be conducted at a venue within the relevant electorate;
(j) the content of additional information and the timing of its release to preselectors;
(k) the days and hours for absentee voting which shall be not less than two days or exceed seven days, provided that the last date for absentee voting shall be a Saturday prior to the preselection meeting; and
(l) the appointment of a voting member as Returning Officer for each electorate to manage the preselection process, who shall not be a nominee, endorsed candidate, or elected representative of the Party (or an employee or relative of a nominee, endorsed candidate, or elected representative).
(m) a timetable under which “Meet the Candidates Meetings” shall be held by relevant branches or the Party Division, to provide reasonable opportunity for members to meet the nominees.
2(2). A Returning Officer in any preselection may appoint assistants who shall not be a nominee, endorsed candidate, or elected representative of the Party (or an employee or relative of a nominee, endorsed candidate, or elected representative). Any assistant so appointed shall be subject to the general direction of the Returning Officer, and may with his authorisation, issue or arrange custody of ballot papers.
2(3). Any decision relating to the preselection process (including the conduct of any ballot) made by the Returning Officer shall, subject to the appeal process, be final.
Eligibility of Members to Stand and Vote
3(1). All ordinary members who satisfy the eligibility criteria set out in the relevant electoral law may offer themselves as candidates for preselection.
3(2). The roll of preselectors for each electorate shall include all voting members who:
(a) were qualified as voting members at the time set for the close of nominations; and
(b) appear on the relevant electoral roll and remain qualified under the relevant electoral law.
3(3). A preselector shall be eligible to cast only one vote in the preselection for the electorate in which that member appears on the relevant electoral roll.
Method of Applying for Preselection
4(1). An ordinary member seeking to stand for preselection shall lodge with the General Secretary no later than on the day set for nominations to close:
(a) a nomination form completed in the prescribed manner; and
(b) the fee for the relevant preselection, if one has been prescribed.
4(2). An ordinary member may nominate for preselection for more than one electorate, but can only be preselected for one.
4(3). A nominee may appoint a member of the Party, in writing at any time prior to the commencement of the count, as a scrutineer to observe any part of the preselection process. Nominees may not appoint themselves, or be appointed, as scrutineers.
Receipt and Validation of Nominations
5(1). Upon receiving the prescribed nomination form and fee, the General Secretary shall immediately:
(a) issue an official receipt to the nominated person for any moneys received;
(b) mark the form with the time and date it was received and the number of the receipt issued for the moneys received; and
(c) affix the postmarked envelope to that form, where the form is received by post.
5(2). After the close of nominations the Returning Officer shall examine each nomination for preselection received and satisfy himself (or herself) that:
(a) the person is eligible to stand for preselection;
(b) at least 10 voting members in the relevant electorate have endorsed the nomination;
(c) the prescribed form has been substantially completed; and
(d) if a fee has been prescribed, the fee for the preselection has been paid.
5(3). When the Returning Officer is satisfied that the conditions prescribed in clause 5(2) have been complied with, the Returning Officer shall declare the nomination for preselection valid, otherwise the Returning Officer shall declare the nomination invalid.
5(4). Where a nomination is declared invalid:
(a) the Returning Officer shall notify the person seeking to stand for preselection, as soon as practical in writing, of the reasons for the rejection of the nomination; and
(b) the Party Secretary shall ensure that any moneys received with the rejected nomination are refunded to the person seeking to stand for preselection.
Preparation of Material for Preselectors
6(1). The Returning Officer shall ensure that:
(a) there are sufficient ballot papers for each preselection ballot;
(b) there are empty and secure ballot boxes available for votes to be deposited for each preselection;
(c) for absentee voting, there is a voting area in which preselectors may mark their ballot paper in private; and
(d) there is safe custody for the ballot boxes from the inspection of the boxes to the close of counting.
6(2). After the Returning Officer has completed the task of validating, or otherwise, all nominations for preselection, the Returning Officer shall:
(a) determine by lot the order in which nominees’ names for a particular electorate will appear on the preselection ballot paper(s) and in which they shall speak at the Preselection Meeting;
(b) arrange for all preselectors in the relevant preselection to receive, not less than 7 days before the scheduled date of the Preselection Meeting:
i) the notice of the Preselection Meeting;
ii) the names of the nominee(s);
iii) the biographical information and statements in support
of the nomination (if any) as supplied by each nominee
on the nomination forms; and
iv) prescribed office hours and days when the Party Headquarters
will be open for absentee voting.
6(3). Preselectors shall be advised that they may vote in one of two ways:
(a) by voting, in person, at the Preselection Meeting(s); or
(b) by voting in person, at the Divisional Headquarters during the prescribed hours for absentee voting.
6(4). The ballot paper shall advise preselectors that:
(a) they may vote for only one, or as many, of the nominees listed on the ballot paper as the preselector wishes;
(b) votes must be cast in descending order of preference starting with the number “1” beside the most preferred nominee, followed by “2” and “3” and so on in sequence; and
(c) one of their choices may be “None of the Above”.
6(5). Preselectors may only use the ballot paper issued by the Returning Officer or his assistant(s). If a preselector incorrectly marks, or otherwise spoils, the ballot paper, the preselector may personally hand it to the Returning Officer and request that he re-issue the preselector with a new ballot paper. In the presence of the preselector the Returning Officer shall mark the back of any returned ballot paper as “void” and seal it in an envelope. The Returning Officer shall then issue a new ballot paper.
6(6). Disabled preselectors may seek assistance in marking the ballot paper, providing the Returning Officer or his assistant(s) are advised.
Process for Absentee Ballots
7(1).The Returning Officer, or his assistant(s), shall verify against the roll that each voting preselector is eligible to vote and has not already been issued with a ballot paper, shall mark off each voting preselector’s name prior to issuing a ballot paper validated with a distinguishing mark.
7(2). Absentee votes shall not be permitted unless an eligible voting member has attended a “Meet the Candidate(s) Meeting” organised by a branch or the Division, provided that :
(a) the “Meet the Candidates Meeting” pertains to the electorate for which that member seeks to cast a preselection vote; and
(b) at least seven days notice of the meeting was given to all relevant voting members and relevant nominees; and
(c) that member has recorded their attendance on a sign-on sheet which has been lodged with the Party Secretary. The Returning Officer, or his assistant(s), shall verify attendance at Meet the Candidates Meetings from a record provided by the Party Secretary.
Process for Voting at Preselection Meetings
8(1). After consultation with the appropriate Electorate Branch chairman, a Preselection Meeting shall be conducted on the day and at the time and venue agreed to by the Party Executive.
8(2). The venue for the meeting must include a separate area to allow preselectors the option of privately marking their ballot paper.
8(3). The format for the meeting shall be determined by the Returning Officer, after consultation with the appropriate Electorate Branch chairman. Notwithstanding the above, each nominee shall be entitled to individually address the meeting for a maximum of 15 minutes. Each nominee may give a speech for up to 7 minutes, and then may answer questions during the remainder of their 15 minute maximum allocation.
8(4). The Returning Officer shall as soon as possible after the commencement of the meeting permit scrutineers to inspect the ballot box(es). After the inspection, votes may be deposited in the box(es). The Returning Officer must then advise preselectors of the times for voting.
8(5). The Returning Officer, or his assistant(s), shall verify against the roll that each voting preselector is eligible to vote and has not already been issued with a ballot paper, and shall mark off each voting preselector’s name prior to issuing a ballot paper validated with a distinguishing mark.
Counting of Ballot Papers
9(1). At no time during the preselection process shall any person other than the Returning Officer, or an assistant previously appointed by the Returning Officer, have access to any record used by the Returning Officer to determine a member’s eligibility to vote and whether or not they have done so.
9(2). The Returning Officer shall fill the number of vacancies determined by the Party Executive using the following methods:
(a) for single member electorate preselections - the method for conducting ballots prescribed in Appendix X
(b) for multi-member electorate preselections - the method for conducting ballots prescribed in Appendix Y
[Several systems may be used for casting and counting votes in preselections. Some systems can be used for electing single candidates and multiple candidates. Each system has its advantages and disadvantages. Generally, those that spread the vote more "fairly" are more complex and difficult to administer. See Choosing a Voting System]
9(3). Unless the Returning Officer determines that the count can be concluded on the day of the Preselection Meeting(s) the Returning Officer shall arrange for a time and place for the count, which shall be within 48 hours of the close of voting.
9(4). The provisional notice of the count shall specify the name(s) of the candidate(s) who have been duly endorsed (including the order of preselection, if it was determined that an order is required). The Returning Officer shall announce the provisional notice:
(a) if the count is concluded at the Preselection Meeting, to the party members and candidates in attendance; or
(b) if the count occurs subsequent to the Preselection Meeting, to the candidates and Party Secretary within 24 hours of the conclusion of the count.
9(5). The Returning Officer in any preselection shall:
(a) make a report to the Party Executive on the preselection process conducted by him;
(b) present a summary to the next General Meeting of Council on the preselection process conducted by him; and
(c) arrange for the result to be published in the official publication of the Party.
Executive Committee Power to Endorse or Disendorse Candidates in Certain Circumstances
10(1). Where:
(a) fewer nominations are received than the number of candidates specified as the number to be preselected for that election; or
(b) a preselection chooses fewer than the number of candidates specified as the number to be preselected for that election; or
(c) less than 30 per cent of the eligible preselectors for the preselection cast formal votes; or
(d) because of the issue of writs for an election, there is insufficient time to complete the preselection process; or
(e) a candidate resigns or the Party Executive disendorses a candidate pursuant to this constitution;
the Party Executive may endorse an ordinary member(s) to be an endorsed candidate(s) in that election.
10(2). If the Party Executive chooses to endorse further candidates pursuant to this constitution, persons so endorsed may not be ranked on the “ticket” (if any) higher than those candidates endorsed by the original preselection ballot.
10(3). Where in the opinion of the Party Executive an endorsed candidate is no longer a suitable representative of the Division, the Party Executive may disendorse that candidate. Where the Party Executive disendorses a candidate, the Party Secretary shall ensure that any moneys received with the nomination form are refunded to that candidate.
10(4). If the Party Executive takes action under either provision 10(1) or 10(3), a written report shall be provided to the next General Meeting of Council.