Preselection

Definitions

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’: 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’ may be either postal, attendance or electronic or combination of any of those options.

Snap Election: Any election for which the period from the announcement to the date of the election is less than 8 calendar weeks. The minimum federal election campaign period is 33 days.

Eligible Voters: For local government elections, all members residing in the ward or the local government areahas the meaning given to the term municipal district in the Local Government Act 2020, as decided by the preselecting body. For all other elections, all members residing within the electorate in question.

Ward/Electorate boundaries: The electoral (or ward) boundaries used for selecting eligible voters will be:

a) the boundaries that will be used at the election, if they have been finalised and gazetted;

b) otherwise, the current boundaries.

Scope

1. Notwithstanding any resolutiona proposal that was passed of State Council which places any condition on any preselection, this bylaw determines the method of preselecting candidates, under clause 56.1 of the Constitution, for all electorates for the next Federal, State and Local elections.

2. The purpose of preselection is to judge the desirability of a member as a candidate to represent the Partythe incorporated association referred to in clause 40(1) in an external election.

3. When voting members should take into account the ability of the candidate:

1. to work with a campaign team to achieve local and state goals and targets;

2. to clearly articulate Greens’ value, policies and key campaign messages;

3. to effectively represent Greens values and implement Greens policies when holding public officean elected office in a council or parliament.

Returning Officer

1. The body conducting the preselection must appoint a Returning Officer, a position which may be shared by up to 2 people. Once appointed, the Returning Officer shall be responsible for conducting, and ensuring the proper conduct in accordance with the rules of, the preselection in question.

2. The Returning Officer shall not be eligible to be a nominee for the preselection in question, or nominate any person for the preselection in question, or sit on the probity panel associated with the preselection in question.

3. The Returning Officer will be the primary contact between nominees, candidates, any probity panel established and other Greens members making enquiries, for any election they are required to conduct.

4. The Returning Officer may appoint up to 2 people to actthe Associations Incorporation Reform Act 2012 as deputy returning officers to assist in the duties of the Returning Officer. Final authority and responsibility remains with the Returning Officer.

5. Should a Returning Officer leave office before the preselection is complete the following will occur:

1. If a Deputy Returning Officer had been previously appointed, the Deputy will retain full powers and responsibilities of the Returning Officer until the time the preselecting body chooses to appoint a new Returning Officer.

2. If no Deputy Returning Officer has been appointed, the State Returning Officer will take carriage of the preselection until the time the preselecting body chooses to appoint a new Returning Officer.

3. If there is no State Returning Officer, the preselecting body should within 72 hours convene a meeting to appoint a new Returning Officer, or appoint one via QDMGQuick Decision Making Group (should the preselecting body have a QDMGQuick Decision Making Group in place).

4. If no appointment of a new Returning Officer has been made under this clause within 72 hours, then the Victorian Campaign Committee must appoint a Returning Officer as soon as possible thereafter to manage the preselection until the time that the preselecting body chooses to appoint a new Returning Officer.

1. The 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 most senior 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.

2. The Returning Officer will be the final authority on the interpretation of the preselection rules.

Nomination

1. The Returning Officer will ensure the publication, to all eligible voters and linked to from the AGVAustralian Greens Victoria e-bulletin, of the relevant dates and deadlines associated with the preselection (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, which will be compliant with the Constitution.

2. There will be at least 2 weeks between the opening and closing of nominations, and at least 2 weeks between the opening and closing of voting unless a Snap Election has been called (see below).

3. For a nomination to be valid, nominees must be members of the AGVAustralian Greens Victoria at the time of nomination, at the time of the vote count and during the entire relevant election period.

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

1. Their nomination in a form prescribed by the Returning Officer, including an agreement to abide by the Code of Conduct, Tithing bylaw, and Confidential Information bylaw;

2. A statement for eligible voters, of no more than 800 words, which shall include how long the member has been a member, the name of the Branch to which the member is registered, a brief list of positions held by the member within the party and previous candidacies for public officean elected office in a council or parliament, and any other information the member sees fit to include, which should generally include the member’s political and philosophical positions on key issues facing the party and the position being elected;

3. Statements of support of up to 200 words from four other members for the purposes of preselections for lead upper house Federal or State electorates, or from two other members for the purposes of all other preselections. Statements of support must not be provided by current AGVAustralian Greens Victoria staff, State Office Bearers, campaign committee office bearers, candidates for public officean elected office in a council or parliament, or elected representatives. 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, including previous candidacies for public officean elected office in a council or parliament;

4. A clear photo of themselves (optional);

5. A signed Statutory Declaration attesting to the correctness of the Preselection and Probity Forms, and agreeing to a Police Check if the Returning Officer, Probity Panel, Victorian Campaign Committee, or State Executive deem it necessary;

6. Nominees for federal elections only: A truthfully completed copy of the Australian Electoral Commission document regarding section 44 of the Commonwealth Constitution called the ‘Qualification Checklist: Relating to Section 44 of the Constitution.’

1. If, under exceptional circumstances, a printed and signed copy of the statutory declaration required in clause 14 cannot be provided by the nominee by the time of nomination, a digitally signed copy may be provided. Under such circumstances, signed copies must be provided within 4 weeks of submitting the nominations or until the exceptional circumstances pass. Exceptional circumstances will be decided by the Returning Officer.

2. The Returning Officer must immediately submit any document received under clause 14(i) to the Victorian Campaign Committee (‘VCCVictorian Campaign Committee’) which must decide (as quickly as reasonably possible) whether further enquiry is needed to determine whether a nominee is presently eligible to be nominated for election or is reasonably likely to be able to become eligible in the time before nominations are required. The VCCVictorian Campaign Committee may seek the assistance of appropriately qualified members in making this decision. If the VCCVictorian Campaign Committee decides that further enquiry is needed, the Returning Officer, after having consulted with the VCCVictorian Campaign Committee as to how long these enquiries are likely to take, may refuse the nomination or delay the preselection to allow such enquiries to be made The Returning Officer may, at any time, revisit a decision to delay the preselection.

3. A nomination will normally be refused by the Returning Officer if the member has not provided the information in the previous clause by the published deadline. Otherwise, the Returning Officer will confirm with all prospective nominees the list of approved nominees. To avoid doubt the Returning Officer’s decision will be final.

Conduct of Preselection

1. Nominees may not discuss their nomination or the election in question with any journalist, other than to confirm their candidacy, with the exception of the AGVAustralian Greens Victoria Convenor.

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

3. Nominees shall receive from the Returning Officer;

   1. A list of eligible members’ names, phone numbers and email addresses, and may instigate contact with each eligible voter (except for those who have opted out of such contact) 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.

4. Until the declaration of the result, nominees may not attend Partythe incorporated association referred to in clause 40(1) Body meetings other than those they are a member of, 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.

5. Subject to the following, 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.

6. 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.

1. Notwithstanding Clause 23, any member is entitled to actthe Associations Incorporation Reform Act 2012 under clause 27 at Meet the Candidates Events as long as they speak as an individual and not on behalf of their position or the body they represent.

2. The 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.

Meet the Candidates Event

1. The body conducting the preselection, in consultation with the Returning Officer (or their deputies), will be responsible for organising any “Meet the Candidates” events. In doing so it should generally:

1. for senate elections hold at least 1 event per state legislative council region

2. for federal divisions hold at least 1 event per division

3. for state legislative council regions hold at least 2 events per region

4. for state legislative assembly districts hold at least 1 event per district

5. for local government elections hold at least 1 event per local government municipality

6. for by-elections hold at least 1 event for that by-election.

1. Any meet the candidates event should 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

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

1. Any meet the candidates event should 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.

Probity

1. A probity check shall be conducted on all nominees in accordance with the Probity bylaw.

Method of Preselection

1. The body conducting the preselection may choose to conduct that preselection in accordance with one or combination of the below methods:

1. Postal 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’;

2. Electronic 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’;

3. Attendance 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’;

4. Selection panel, but only if State Council or the Victorian Campaign Committee has agreed and either:

1. the Greens primary vote in the previous election for the electorate concerned was less than 8 per cent; or

2. the position being preselected is a non-lead candidate for any Federal or State upper house electorate; or

3. less than 16 weeks remain until the election date, for Federal, State and Local elections;

1. Any other method, but only if proposed rules for that method are approved by the Victorian Campaign Committee.

1. Where a preselecting body conducts a preselection by selection panel:

1. all nominees who have successfully passed probity will be interviewed by the panel;

2. a “Meet the Candidates” event need not be held;

3. the panel shall have 4 members or 5 members, including at least one office bearer of the body conducting the preselection and at least one party member who has previously stood for election as an endorsed Greens candidate;

4. where possible, the membership of the Selection Panel shall include at least one person from each branch within the electorate;

5. all nominees shall be interviewed by the Selection Panel at any time after Probity has been completed on all nominees. Where possible this shall be in person;

6. all candidates shall be allotted the same amount of time by the selection panel, although any interview may be extended at the discretion of the Selection Panel as required;

7. the Selection Panel shall meet prior to the interviews and decide on a pre-prepared list of questions prior to conducting interviews with nominees. Nominees shall not be advised of these questions prior to the interview. Each nominee shall be given the opportunity to answer each pre- prepared question within the allotted interview time;

8. the Selection Panel shall allow each nominee an opportunity to introduce themselves and explain why they would be an appropriate candidate for the electorate. The Selection Panel may ask supplementary questions which arise during the course of the interview;

9. each nominee shall be interviewed separately and privately, with only members of the Selection Panel, the Returning Officer and the nominee in attendance;

10. decisions will be made by consensusthe circumstance in which no member of the party body who is in attendance objects to the proposal being passed, having been given the opportunity to do so or failing that by a vote at which a majority of 75% will be required to confirm a nominee as a candidate or to reopen nominations. Should consensusthe circumstance in which no member of the party body who is in attendance objects to the proposal being passed, having been given the opportunity to do so not be achieved or a majority not be obtained in a vote nominations will be reopened;

11. the panel will notify the Returning Officer of their decision as soon as is practicable. The Returning Officer will notify the Victorian Campaign Committee immediately following receiving notification.

Ballots

1. For preselections involving 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’, a roll of eligible voters shall be kept by the Returning Officer, with the names checked at the distribution of ballots and, for postal elections, also at the return of ballots.

2. If necessary, the State Returning Officers may mandate that any Election method be conducted by virtual or electronic means

3. Ballots 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.

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

5. Except if the preselection method is by attendance 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’, 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’ (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 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.

1. Voting options on ballots must be arranged by Robson Rotation.

2. If the method of preselection is by attendance 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 by electronic 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’, the Returning Officer must so far as practicable provide any eligible voter who requests the option to cast a postal 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’.

3. The counting of ballots after the deadline for return of ballots will be at a time for which notice has been given to all nominees by the Returning Officer. Nominees may choose to appoint one member to observe the vote count.

Costs

1. All financial costs associated with preselection, including room hire, electronic voting, printing and postage of 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 met by the body conducting the preselection.

Disputes

1. Should any member believe that there has been a material breach of this by-law or the rules of any preselection, they matter may be first raised with the Returning Officer, and, if necessary thereafter, raised with the Administrative Review Panel.

Results

1. Until such time as any preselection result is announced by the Returning Officer, nominees may not comment on the result publicly, nor may any other member of the Partythe incorporated association referred to in clause 40(1).

2. 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 seek to 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.

3. 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. Results shall be made available to any candidate or elector on request.

Snap Elections

1. In the event of a snap election:

1. all affected electorates are considered open for nominations where a candidate has not already been preselected for a future election, except where the Victorian Campaign Committee determines otherwise (for example if a particular preselection is about to be concluded anyway);

2. the Victorian Campaign Committee:

1. may exercise all the powers of State Council in relation to Chapter 5 of the Constitution;

2. will issue a call for nominations for all affected electorates for which a candidate has not already been preselected for a future election;

3. will assist branches and other campaigning bodies with conducting preselections in the most timely manner possible but will in any regards have the ability to appoint by selection panel a candidate to represent the AGVAustralian Greens Victoria to any electorate which remains unfilled 4 days before the deadline for submitting candidate names to the relevant Electoral Commission.

1. the State Returning Officer becomes the Returning Officer for any electorate for which a Returning Officer has not been appointed. They may, at their discretion, appoint Deputy Returning Officers to aid them in their duties. The requirements that Returning Officers, deputy or otherwise, remain uninvolved in other preselection matters must be observed.

2. the Probity Panel will have until 48 hours after the close of nominations for preselection to conclude its duties.

3. the default method of preselection will be assumed to be either electronic 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 preselection panel. Other methods may be approved by the VCCVictorian Campaign Committee on a case by case basis.

4. a decision to appoint a candidate by preselection panel still requires concurrent decisions of the preselecting body and the VCCVictorian Campaign Committee, or the VCCVictorian Campaign Committee and the State Executive.

Eligibility

1. The AGVAustralian Greens Victoria will not allow a candidate’s name to be submitted for nomination to the AECAustralian Electoral Commission for a federal election for any House of Representatives or Senate seat where the person has not demonstrated their eligibility to sit in the federal parliament according to section 44 of the Australian Constitution.

2. In circumstances where a candidate may be under acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights and privileges of a subject or a citizen of a foreign power, the candidate must provide written confirmation of renunciation of any rights of citizenship. In cases where renunciation is not possible or practicable, comprehensive evidence of an attempt to renounce is required. The VCCVictorian Campaign Committee will assess whether any evidence submitted is sufficient.

3. At any time, the Victorian Campaign Committee may direct a preselected candidate for a federal election to answer questions in writing regarding their eligibility to be nominated for election. A refusal to comply with such a direction is sufficient grounds for disendorsement.

4. A preselected candidate for a federal election must complete and submit the Australian Electoral Commission document regarding section 44 of the Commonwealth Constitution called the ‘Qualification Checklist: Relating to Section 44 of the Constitution’, should that form have changed in any way since the candidate completed it at the time of nominating for preselection.

Diversity

1. At the conclusion of general Federal, State or local government elections, the State Returning Officer(s) shall provide an aggregated anonymized report to State Council on the diversity of preselected candidates and elected candidates to the extent known.

Modification History

Action	Body	Date
Endorsed	State Council	2015-05-30
Amended	State Executive	2017-12-07
Amended	State Executive	2018-08-16
Amended	State Executive	2019-02-21
Amended	State Executive	2019-04-18
Amended	State Executive	2019-06-27
Amended	State Council	2019-09-07
Amended	State Executive	2019-09-19
Amended	State Council	2020-02-22
Amended	State Executive	2020-03-19
Amended	State Council	2020-03-28
Amended	State Executive	2021-01-28
Amended	State Council	2021-03-31
Amended	State Executive	2021-04-15
Amended	State Council	2021-05-01