Schedule 6: State Council elections

⌛Timing

The provisions of this schedule come into force on 1 February 2022 except for item 2(2)

Drafting Panel commentary

See box under Part 3.

The election of State Councillors is overseen by an independent Constitutional Votes Committee, which is dealt with in Part 4. The Constitutional Votes Committee must conduct the election under important principles set out in Schedule 6, item 4, including prevention of unfair influence, equal treatment of candidates and informed voting.

Schedule 6, item 5, requires the Constitutional Votes Committee to establish rules for the conduct of the election following the principles and procedures set out in detail in item 4.

Schedule 6, items 3 and 4, set out that by-elections may only occur if there are 3 or more casual vacancies. Otherwise (and thus usually) a vacancy is added to the vacancies to be filled at the next scheduled (i.e. annual) election, with a procedure to determine which candidates fill the full two-year terms and which fill a shorter term.

Schedule 8 sets out the requirements to be elected to State Council, the most significant of which is to have been a member of the party for at least two years, to be a current resident of Victoria, and not to have been in the past year a member who holds public officean elected office in a council or parliament. There are limitations also on staff of the Partythe incorporated association referred to in clause 40(1) or of a member who holds public officean elected office in a council or parliament being elected (Schedule 7, Item 4) and some other limitations. State Councillors are limited to two terms before effectively needing to take a one year break (Schedule 7, item 4(3)(a)).

For the system for electing the State Council, see Part 3 above.

1. Definitions

   1. In this Schedule:

      1. Committee means the Constitutional Votes Committee;

      2. standard term means a term of office:

         1. beginning on 1 July of the year of the scheduled election, or on the day the election is declared, whichever is later; and

         2. ending on 30 June two years after the year of the scheduled electionAn election must be held each year beginning with the call for nominations no earlier than 1 February and ending with the declaration of which candidates are elected no later than 31 May.

      3. State Councillor means a State Councillor elected under this Schedule.

   2. In this Constitution, continuing State Councillor

      1. in the case of a scheduled election—a current State Councillor whose term of office continues beyond 30 June of the year of the election; and
      2. in the case of a by-election — a current State Councillor
      means:

      1. in the case of a scheduled electionAn election must be held each year beginning with the call for nominations no earlier than 1 February and ending with the declaration of which candidates are elected no later than 31 May—a current State Councillor whose term of office continues beyond 30 June of the year of the election; and

      2. in the case of a by-election—a current State Councillor.

2. Scheduled elections

   1. An election must be held each year beginning with the call for nominations no earlier than 1 February and ending with the declaration of which candidates are elected no later than 31 May (scheduled electionAn election must be held each year beginning with the call for nominations no earlier than 1 February and ending with the declaration of which candidates are elected no later than 31 May).

   2. The offices open for election at a scheduled election are:

      1. seven for a standard term; and

      2. any casual vacancies for a term that continues beyond 30 June of that year that:

         1. exist immediately before the opening of the nomination period; or

         2. will arise on or before 1 July of that year.

   3. If a scheduled electionAn election must be held each year beginning with the call for nominations no earlier than 1 February and ending with the declaration of which candidates are elected no later than 31 May is terminated or its results are declared void, it must be held again as soon as possible.

3. By-elections

   1. A by-election may be held if there are three or more casual vacancies that are not already open for election at a scheduled electionAn election must be held each year beginning with the call for nominations no earlier than 1 February and ending with the declaration of which candidates are elected no later than 31 May.

   2. The term of office of a State Councillor elected to fill a casual vacancyincludes a vacancy caused by an office not being filled at an election:

      1. begins when they are declared elected or when the vacancy arises, whichever is later; and

      2. ends when the term of office of the vacancy was due to end.

4. Conduct of elections

   1. The eligibility requirements to vote in an election are in Schedule 8.

   2. Each election must be conducted in accordance with the following principles:

      1. equal treatment of candidates;

      2. prevention of improper or unfair influence;

      3. encouragement of the maximum number of nominees;

      4. freedom of debate and truthful communication;

      5. informed voting; and

      6. substantial compliance is sufficient compliance.

   3. The Committee must:

      1. allow a reasonable nomination period;

      2. notify each member in writing of the call for nominations;

      3. notify each member of the date that the roll of eligible voters will be closed;

      4. verify that nominees are eligible to be elected;

      5. reject the candidacy of nominees who are not eligible to be elected;

      6. declare the candidates;

      7. make available to members:

         1. candidate statements;

         2. a statement that reminds members of the need for diversity and sets out the diversity of the continuing State Councillors, so far as it can be ascertained; and

         3. a statement that sets out any disciplinary action

            1. a member is suspended for a specified period; or
            2. a member is expelled.
            taken, and convictions recorded, against each candidate in the last 10 years;

      8. run Meet the Candidates events;

      9. run a ballota secret ballot that uses a single transferable vote quota-preferential voting system, allows the option of not allocating further preferences, uses Robson Rotation, and provides an option of voting to ‘Seek Further Candidates’;

      10. only allow eligible voters to vote;

      11. provide a means for members to raise concerns about the election;

      12. where one or more casual vacancies are open for election, employ a system under which the votes are first counted to determine who is elected, and are then successively recounted to determine which of the elected candidates are elected to which offices, from the longest term to the shortest;

      13. employ a system under which candidates are eliminated from the count and their preferences distributed if, but for their elimination, they would have been elected and that would have resulted in more than three State Councillors being members of the same branch;

      14. declare which candidates are elected to which offices; and

      15. make the results of the ballota secret ballot that uses a single transferable vote quota-preferential voting system, allows the option of not allocating further preferences, uses Robson Rotation, and provides an option of voting to ‘Seek Further Candidates’ available to members.

   4. The resources of the Partythe incorporated association referred to in clause 40(1) and those at the disposal of a member who holds public officeincludes a member elected or appointed to a public office where the term of that office is yet to begin must not be used to support one candidate against another.

5. Election rules

   1. Before each election, the Committee must make, and make available to members, rules for that election (election rules) that provide for the practical implementation of the principles in item 4(2), the requirements in item ​4(3) and the rule in item 4(4).

   2. Before doing that, the Committee must:

      1. make a draft of the election rules available to members; and

      2. allow members a reasonable opportunity to comment on them.

   3. The election rules may provide that:

      1. certain modes of campaigning are prohibited;

      2. candidates must be assisted by the Partythe incorporated association referred to in clause 40(1) to contact each member; and

      3. election deliberation sessions must be conducted in a certain way.

   4. The Committee may:

      1. make rulings about whether the election rules have been breached;

      2. require a candidate who has breached the election rules to remedy that breach; and

      3. cancel the candidacy of a candidate who seriously breaches the election rules or a ruling of the Committee.

6. Election deliberation sessiona discussion of:

   1. the issues facing the Party and how they should be addressed;
   2. the strengths and weaknesses of the current State Council;
   3. the merits of the candidates in addressing those.

   1. In this Constitution, election deliberation sessiona discussion of:

      1. the issues facing the Party and how they should be addressed;
      2. the strengths and weaknesses of the current State Council;
      3. the merits of the candidates in addressing those.
      means a discussion of:

      1. the issues facing the Partythe incorporated association referred to in clause 40(1) and how they should be addressed;

      2. the strengths and weaknesses of the current State Council; and

      3. the merits of the candidates in addressing those.

   2. For each election, before the roll of eligible voters is closed:

      1. each branch must hold at least one election deliberation session; and

      2. the Committee must hold at least five election deliberation sessions.

   3. Each candidate may only attend one deliberation session but must not participate in the discussion.

   4. The failure of a branch to hold an election deliberation session does not, alone, invalidate an election.