Internal Elections Other Than Preselections

1. Elections (other than preselections) conducted by Branches and Regional Councils will adhere to the AGVAustralian Greens Victoria Constitution (e.g. section 25 codifies the election of Branch office bearers).

2. The remainder of this bylaw codifies any elections (other than preselections) conducted by State Council, and the annual election process for State Office Bearers, the Victorian Campaign Committee Convenor, the Policya statement of principle and intent about what government should do Convenor, and ‘additional Branch Representatives’ to State Council.

The State Returning Officer

1. Each Annual State Conference will include the election of the State Returning Officer by members of State Council, the position may be shared by up to 2 people.

2. The State Returning Officer’s term begins at the end of the Annual State Conference at which they were elected, and ends at the end of the next year’s Annual State Conference. Any casual vacancyincludes a vacancy caused by an office not being filled at an election of the State Returning Officer position will be filled by the State Council or State Executive at the first opportunity.

3. The State Returning Officer shall be responsible for conducting, or ensuring the proper conduct in accordance with the rules of, the following elections:

   1. Elections of the State Office Bearers (section 16 of the Constitution), Victorian Campaign Committee Convenor (clause 54.1 of the Constitution) and Policya statement of principle and intent about what government should do Convenor (clause 60.1 of the Constitution);

   2. Elections of the additional Branch Representatives to State Council as described in clause 40.2 (b) of the Constitution;

   3. Elections to positions which are to be determined by the State Conference and State Council;

   4. Preselections which default to the State Returning Officer as described in the Preselections Bylaw;

   5. Other elections as may be required by the Constitution.

   6. Any election where appointed to do so by the State Council or State Executive.

4. The State Returning Officer may agree to conduct other elections at the request of State Conference or a constituent group.

5. The State Returning Officer shall not be eligible to:

   1. Stand for election in any election which they will conduct. (Note: where there are two Returning Officers, one may stand for election in an election conducted by the other. Where there is only one Returning Officer, and they stand for election, or where both Returning Officers stand for election in a single election, a deputy returning officer approved by the State Secretary or State Convenor must be appointed pursuant to clause 8 below to conduct that election.)

   2. Nominate any person for any election they conduct;

   3. Sit on the Probity Panel associated with any election they conduct.

6. The State Returning Officer will be the primary contact between nominees, candidates, and other Greens members making enquiries, with respect to the conduct of any election they conduct.

7. The State Returning Officer may appoint up to 3 people at any time to actthe Associations Incorporation Reform Act 2012 as deputy returning officers to assist in the duties of the State Returning Officer. Final authority and responsibility remains with the State Returning Officer, except in the circumstances described in 7 (a) above, in which case the deputy returning officer will have final authority for that election.

8. The State Returning Officer will ensure that where the implementation of any election requires the use of AGVAustralian Greens Victoria office resources, measures are taken to ensure that the appropriate member of AGVAustralian Greens Victoria staff is consulted, and that preselection materials (such as reply paid envelopes) are distinguished from those of any other election that may be occurring at the same time.

9. At the conclusion of the annual elections, the Returning Officer(s) shall provide an aggregated anonymized report to State Council on the diversity of nominees and elected candidates to the extent known.

Ballots

1. Except where otherwise determined by the Constitution and bylaws, or a decision of the State Council or Executive, elections described in clause 5 will be conducted by secret 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’ using paper or electronic voting.

2. A roll of eligible voters for any given election shall be kept by the State Returning Officer, with the names checked at the distribution of ballots and, for postal and electronic ballots, also at the return of ballots.

3. The roll of eligible voters closes on the close of nominations.

4. The method of all elections conducted by the State Returning Officer shall be by Optional Preferential Voting, except where there are two or more positions to be filled by the one 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’, in which case a Single Transferrable Vote method shall be used.

5. All ballots must include as an option, alongside nominees, the seeking of further candidates.

Results

1. The declaration of any result of any election conducted by the State Returning Officer shall be final. Whilst in some circumstances the governing body may declare a position vacant in order to conduct a new election, it is not able to deem the State Returning Officer’s declared result to be incorrect.

2. All election documentation, including 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’ papers and results, shall be kept by the Returning Officer for 60 days after the event. A report of the first preference distribution and the order of the election and elimination of candidates shall be made available to any candidate or elector on request.

Provisions Relating to Annual Elections in Advance of Each State Conference

1. This section shall apply to elections for positions described in clauses 5 (a) and (b), and further regulate elections described in section 16 and clauses 54.1, 60.1 and 40.2(b)(i) of the Constitution.

2. The State Returning Officer will ensure the publication, to all AGVAustralian Greens Victoria members, of the relevant dates and deadlines associated with the elections (which shall include as a minimum the times of opening and closing of nominations and the deadline by which votes must be returned), and information for prospective candidates, including a reminder of the need for diversity, which will be compliant with the Constitution and any relevant decision of State Council or Executive.

3. To nominate for election, eligible members shall provide the State Returning Officer with:

   1. Their nomination in a form prescribed by the State Returning Officer;

   2. A statement (for eligible voters), of no more than 800 words, which shall include:

      1. how long they have been a member,

      2. the name of the Branch(es) to which they are registered, and

      3. a brief list of positions held within the party,

      4. if nominating for a joint position, information about how they meet diversity aspirations,

   and which may include any other information they see fit to include, to inform electors of their positions on key issues facing the party and the position being elected;

4. Statements of support of up to 200 words from four other members for the purposes of annual State Office Bearer elections or from two other members for the purposes of annual Victorian Campaign Committee Convenor, Policya statement of principle and intent about what government should do Convenor and additional Branch Representative elections.

   1. Statements of support must not be provided by current AGVAustralian Greens Victoria staff, State Office Bearers, candidates for public officean elected office in a council or parliament, or elected representatives.

   2. Statements of support may include how long the supporting member has been a member, the name of the Branch to which the supporting member is registered, and any other information the supporting member may wish to include. The statement may be augmented by up to 75 words in order to include a brief list of positions held by the supporting member within the party; and

5. A clear photo of themselves (optional).

1. A nomination will be refused by the State Returning Officer if the member has not provided the information in the previous clause by the close of nominations. Otherwise, the State Returning Officer will confirm with all prospective nominees the list of approved nominees.

2. The State Returning Officer may revoke a nominee’s nomination if they are in breach of any of rules of the party in relation to the election in question.

3. Nominees may not discuss their nomination or the election in question with any journalist, other than to confirm their candidacy.

4. Nominees may not expend funds for the purposes of communicating with eligible voters in relation to the election in question.

5. Nominees shall receive from the Returning Officer a list of eligible members’ names, phone numbers and email addresses, and may instigate contact with each eligible voter for the purposes of discussing or promoting their nomination. The nominee must not show or distribute the list to any other person, and must destroy the list within one week of the declaration of the result of the election in question, or when the State Returning Officer has revoked nomination, whichever occurs first.

6. 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’ packs shall be created for eligible voters, which shall include:

   1. 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’, or a link to 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’, (if it is a paper 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’ it must be signed by the State Returning Officer at the point of issue);

   2. Return-addressed reply-paid or stamped envelopes, and secret envelopes, if 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’ is conducted by post;

   3. A document, or a link to a document, containing each candidate’s statement, photo (if provided) and the statements of their nominators, as well as voting instructions; and

   4. a reminder of the need for diversity.

7. Voting options on ballots, other than the option of seeking further candidates, must be arranged by Robson Rotation.

8. Until the declaration of the result, nominees may not attend Branch meetings other than those of the Branch to which they are registered, except to carry out a specific duty, in which case they must nevertheless not discuss their nomination for the election in question at that Branch meeting.

9. Partythe incorporated association referred to in clause 40(1) bodies, State Office Bearers, persons employed by the AGVAustralian Greens Victoria, and elected representatives, must not:

   1. by any means, directly or indirectly, make a statement canvassing for or against votes for any nominee; or

   2. provide any resources to aid any nominee

10. Notwithstanding clause 29, any member is entitled to actthe Associations Incorporation Reform Act 2012 under clause 32 at hustings as long as they speak as an individual and not on behalf of their position or the body they represent.

11. Subject to the above, members are entitled to express their opinions on any nominees. However, any statements made in relation to nominees or candidates must not be misleading or deceptive and, unless in private communication, must be provided to the Returning Officer prior to the statement being made.

12. The Returning Officer (or their deputies) will be responsible for organising any “hustings” events accessible to all members, which shall enable all members in attendance to, subject to the facilitator’s and Returning Officer’s discretion:

    1. ask questions of any nominees;

    2. make statements about who eligible voters should vote for or against; and

    3. make statements about the issues facing the party and the position being elected that they believe should be taken into account by eligible voters;

and enable all nominees in attendance to, subject to the facilitator’s and Returning Officer’s discretion, respond to any questions raised or statements made by members.

Definitions

Robson Rotation: A method of printing multiple ballots to allow each candidate an equal proportion of appearances at the top of (and at each other position on) 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’, thus eliminating the donkey vote.

Optional Preferential: A system whereby voters must nominate a first preference, but then may preference as many (or all, or none) of the remaining candidates as they wish.

STVSingle Transferable Vote: Single Transferable Vote (Hare-Clark and senate Group Voting systems being examples) is a voting method that allows voters to make their most preferred choice and then, after candidates have been either elected or eliminated, transfer surplus or unused votes according to the voter’s stated preferences.

Hustings: A meeting at which candidates in an election address eligible voters.

Modification History

Action	Body	Date
Approved	State Council	2009-03-01
Amended	State Executive (following the authorisation of State Council)	2015-09-16
Amended	State Council	2019-05-02
Amended	State Executive	2019-06-20
Amended	State Executive	2019-08-26
Amended	State Council	2019-09-07
Amended	State Executive	2019-09-19
Amended	State Executive	2021-04-15