Code of Good Practice for the Management of Local Authority Elections and Polls 2010

Produced by the SOLGM Electoral Working Party

The Code of Good Practice for the Management of Local Authority Elections and Polls, is a key resource for electoral officers running election processes. The Code of Good Practice has been thoroughly reviewed and upgraded.

The Code is one of the tools in the local elections and polls tollbox sitting beside the legislation and other aids. The Code is not intended to replace the legislation nor the professional advise necessary to facilitate the decision making process.

Code of Good Practice - Full Document

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The primary purpose of the Code is to contribute to the development of good practice relating to all facets of the local electoral process. It achieves this by identifying the key components of the local elections and polls process, linking in the relevant statutory references and supplementing this with recommended good practices supported by sample documents, forms, references, etc where appropriate.

The Code is an electronic document designed for on-screen use but with full print capability

Part 1 - Overview

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General provisions of the legislation applying to the conduct of local authority elections and polls are set out in Part 1. The more detailed legislative provisions and requirements relating to particular electoral activities together with recommended good practices, are set out in the relevant Parts of the Code.

Part 2 - Electoral Timetables

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This Part of the Code sets out the 2008/10 timetable on electoral system, Maori representation and review of representation arrangements and 2010 triennial elections timetable.

Part 3 - Electoral Officers and Electoral Staff

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This Part of the Code sets out the requirements of the Local Electoral Act, the Local Electoral Regulations 2001 (LER) and addresses the following issues including recommended good practices in areas such as: appointment of electoral officer including recommended attributes, characteristics and competencies for consideration by the local authority, accountability of electoral officer and declarations and conduct.

Part 4 - Electoral Systems

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This Part of the Code sets out the requirements of the Local Electoral Act, the Local Electoral Regulations 2001 (LER) and other relevant legislation relating to the options and mechanisms for changing the electoral system and addresses the following issues including recommended good practices in: changing electoral system, demand for a poll, poll timetables and information on electoral systems.

Part 5 - Representation Arrangements

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This Part of the Code sets out the requirements of the Local Electoral Act, the Local Electoral Regulations 2001 (LER) and other relevant legislation and addresses the following issues including recommended good practices in areas such as: representation review parameters, preliminary considerations and representation review steps.

Part 6 - Polls

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This part of the Code sets out requirements of the Local Electoral Act, the Local Electoral Regulations 2001 (LER) and other relevant legislation relating to the conduct of polls and addresses the following issues including recommended good practices in petitions, demands and requirements to conduct a poll and conduct of polls.

Part 7 - Electoral Rolls

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This Part of the Code sets out the requirements of the Local Electoral Act, the Local Electoral Regulations 2001 (LER) and other relevant legislation relating to electoral rolls and addresses the following issues including recommended good practices in areas such as: the residential and ratepayer elector franchises, advertising in relation to electoral roll and compilation of electoral roll.

Part 8 - Candidate Information

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This Part of the Code is to ensure that electoral officers are aware of the importance and value of providing informative, accurate and comprehensive candidate information and also of appropriate candidate behaviour so as to assist the achievement of the Local Electoral Act principle of all qualified persons having a reasonable and equal opportunity to nominate one or more persons and accept nomination as a candidate.

Part 9 - Candidacy and Nominations

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This Part of the Code sets out the requirements of the Local Electoral Act, the Local Electoral Regulations 2001 (LER) and other relevant legislation relating to candidacy and nominations, and addresses the following issues including recommended good practices in areas such as: candidate qualifications, the nomination process and candidate profile statements.

Part 10 - Electoral Expenses and Campaign Advertising

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This Part of the Code sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to electoral expenses and campaign advertising and addresses the following issues including recommended good practices in areas such as: electoral expense limits, apportionment of electoral expenses and return of electoral expenses and donations.

Part 11 - Elector Information and Education

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This Part of the Code sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to elector information and addresses the following issues, including recommended good practices, not covered in previous Parts such as elector information, national advertising campaigns, multi-lingual information and meet the candidates events.

Part 12 - Voting

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This Part of the Code sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to voting and addresses the following issues including recommended good practices in areas such as voting method, voting document formats and order of candidates’ names on voting documents.

Part 13 - Special Voting

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This Part of the Code sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to special voting and addresses the following issues including recommended good practices in areas such as: the statutory requirements relating to special voting, special voting premises and communication facilities, and advertising availability of special votes.

Part 14 - Scrutineers

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This Part of the Code sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to scrutineers including recommended good practices.

Part 15 - Vote Processing and Counting

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This Part of the Code sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to the receipt and processing of voting documents and the counting of votes/preferences, and addresses the following issues including recommended good practices in areas such as roll scrutiny, early processing of votes and security of premises and processes.

Part 16 - Release of Results

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This part sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to the release of election and poll results and addresses the following issues including recommended good practices in preliminary results, declaration of official results, factors that affect official results of elections and amended declarations.

Part 17 - Post Election or Poll Tasks

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This part sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to post election or post poll tasks and addresses the following issues including recommended good practices in forfeiture and refund of candidate deposits, securing and depositing of electoral records and post-election or poll reporting.

Part 18 - Disputed Elections and Polls

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This part sets out the requirements of the Local Electoral Act and the Local Electoral Regulations 2001 (LER) relating to disputed elections and polls and addresses the following issues including recommended good practices in recount of votes cast at elections and inquiries into the conduct of elections and polls.

Part 19 - Term of Office of Elected Members and Extraordinary Vacancies

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This part deals with the term of membership of elected members and the filling of extraordinary vacancies. The rules, both insofar as the terms of membership (particularly around members coming into office) and the filling of extraordinary vacancies are concerned, differ between the different types of local authorities.

Queries

If you have any queries about the Code please contact David Smith at SOLGM National Office (DDI 04-978-1282) ot dsmith@solgm.org.nz

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