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Local Government Representation and Elections Review

July – October 2004

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Objectives• Further develop LG sector and enhance its status and

level of autonomy through improved governance and reforms

• Improve the effectiveness of the system of LG elected representation

• Promote participation in LG and diversity in LG representation

• Maximise alignment of strategic decision-making of State and Local Governments.

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Focus of the Review

• Issues raised by Councils, EC, candidates and community interests

• Topics identified – part of whole package• Topics connected and interrelated with

each other • Ensure compatibility of any changes

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Review Topics1. Frequency of LG elections (term of office)2. Representative Structure3. Property franchise (entitlement to vote)4. Voter turnout 5. Vote counting system6. Candidacy7. Filling casual vacancies8. Election campaigning9. Council member allowances and benefits

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LGA Leading the Review - Phase 2

• Information and Discussion Sessions– Information for Councils - not forming a “preferred position”– Key stakeholders, peak bodies, community

• Advertisements– Advertiser – 24 July and 4 August– Messenger – weeks of 26 July and 2 August– Regional Papers – weeks of 26 July and 9 August

• Media – Press Releases

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LGA Leading the Review - Phase 2• Information available

– www.lga.sa.gov.au/goto/electionsreview– Telephone: LGA 8224 2000– Email: electionsreview@lga.sa.gov.au

• Local promotion by Councils encouraged• Councils and community – response and comment• Submissions due 17 September 2004• LGA Submission and Report to State Government in

October 2004

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Voter Turnout – Participation Rates

Measures

Gross participation rate = number of electors attempting to vote number of electors eligible to vote

Net participation rate = number of formal votes number of electors eligible to vote

Votes are impacted by: declarations incomplete

informality

return to sender

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Voter Turnout – Participation Rates

Impact•Publicity and Promotion

•Quality of Candidates

•Electorate Issues

•Access to Voting Facilities (time to vote, understanding of

system and instructions clarity)

•Voluntary or Compulsory Voting

•Drag Effect of Property Vote

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Voter Turnout – Participation Rates

Voluntary VotingTasmania 55%+ turnout

relatively small electorates

electorally aware State

small property vote component

EB Ballots around 40%

Super Board around 20%

Nurses Board around 25%

SA Local Govt. around 35%

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Vote Counting SystemsGeneral

• Great majority of elections - same candidates would be elected regardless of system

• Some glaring exceptions• Proportional representation allocates electors’ 2nd and

subsequent preferences• Optional preferential and full preferential only allocates

preferences of excluded candidates• 1st past the post ignore preferences

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Vote Counting SystemsWhich is the Fairest? - Single Member Electorates

Take example of: Candidate A 300

Candidate B 280

Candidate C 200

Under 1st past the post Candidate A wins.

However, if those electors supporting candidate C prefer candidate B to A, under preferential voting candidate B will be elected.

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Vote Counting SystemsWhich is the fairest? - Multi Member Electorates

Take example of 2 to be elected from 4 candidates:Candidate A 1000 Candidate B 250Candidate C 240 Candidate D 210

First past the post - A and B electedPreferential - D excludedProportional representation - D could be elected if the majority of

A’s 2nd preferences go to D

1700Quota =

2+1+ 1 = 567

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Filling Supplementary VacanciesOptions

• Supplementary election with associated costs

• Count back provision whereby retiring candidate is eliminated from the previous general election count

• Take the next highest polling candidate (the last one to be excluded from the previous general election count)

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Representative Structure

Initially determined by proclamation• Council reviews composition and ward structure in

consultation with community – number of councillors;– approach to determining the principal member – ward structure

• EC certifies legal requirements: No merit review• Councils advise community of process for electors to

initiate changes.

Do current provisions ensure impartial examinationand sufficient elector influence in process?

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Representative Structure

• Currently considerable flexibility• Principal Member

– Elected at large– Chosen by Council Members

• Councillors elected– At large– From wards– Combination

• No restrictions on number of councillors

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Representative StructureSome issues to consider:• Is the current flexibility still appropriate?• Are some current options preferable to others?

– councillors elected “at large”, not by wards;– principal member chosen from within council, not

direct election.

• Should there be limits on the number of members per council?

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Candidacy• Candidate must be Australian citizen an elector

for the council area, or nominated by group or corporate body that is elector

• Not eligible if:– member of an Australian Parliament– undischarged bankrupt– liable to serve a sentence of imprisonment– council employee in the same council– disqualified by court order under the LG Act

• May only be a candidate for one position

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Candidacy • Some issues to consider:

– More restrictions/conditions or less?– Encouraging candidates from under-represented

groups– Dual candidacy– Nominating for multiple positions– Reduction in nomination period – Impact on nominations

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Election Campaigning• LG (Elections) Act – electoral material generally• LG (Elections) Regs – restrict candidate profiles electoral

material • Restrictions do not apply to other electoral material• Councils responsible for information and publicity about

candidates• Council practice to impose restrictions similar to those

that apply to profiles included with ballot papers• Candidates return detailing campaign donations

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Election Campaigning Some issues to consider:

• Length/content restrictions on candidate profiles– Use of council resources by sitting members – Cost of effective campaigning– Potential commercial exploitation of electoral

roll data made feasible by electronic formatting

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Timing of Local and State electionsTerm of office

• LG elections every three years in May – Next due May 2006

• Changes to Constitution Act 1934 - State Government elections every four years in March – next due March 2006– EC chief administrator for State elections and RO for LG

• LG supports shift to an election date in Spring– Solves 2006 clash of State and LG elections– Overcomes other issues re May elections (eg council budget

process)

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Timing of Local and State electionsTerm of office

Some issues to consider:• How long should council members’ terms

be?• What is the best long term pattern for the

relationship between LG and State Parliamentary elections?

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Timing of Local and State electionsTerm of office

Some options:– 2006 LG Election with 3 year terms – 2006 LG Election with 4 year terms – 2006 LG Election with short term (2 years)

and then 4 year terms – 2007 Election with 4 year terms

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Electoral Franchise• Individuals, groups, corporate bodies entitled to enrol and

vote: – on House of Assembly roll – resident in the council area but not on the House of

Assembly roll (application necessary)– natural persons, bodies corporate or groups listed in the

council assessment record as owners or occupiers of rateable property (property franchise)

• Voters roll is a combination of two separate data sources.– House of Assembly (State Parliament) roll and– Council’s assessment record

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Electoral FranchiseSome issues to consider:• Who should be entitled to enrol to vote in LG elections?• Should the property franchise be retained in its current

form?• Should some categories of elector be automatically

enrolled and others have to apply for enrolment?• How can the practical problems councils have

administering the current provisions be overcome?

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Electoral FranchiseSome options:

– restrict to occupation for a purpose other than residency

– registration for all except House of Assembly roll and those already on council roll

– automatic for principal ratepayers - others to apply – available to principal ratepayers only– abolish property franchise– abolish property franchise, open personal franchise to

any South Australian with interest in election.

Note impact of property franchise on ACC.

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Council Member Allowances + Benefits• Council members entitled to annual allowance +

reimbursement of expenses (both prescribed)

• Prescribed expenses for attending council and committee meetings reimbursed as a right

• Council discretion - reimburse council members for other prescribed expenses and provide facilities and support (eg use of fax machine)

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Council Member Allowances + BenefitsSome issues to consider:• Basis for allowances

– compensate for out-of-pocket expense– compensate to some extent for remuneration forgone– reward members for the value of their contribution?

• Compare with roles in other jurisdictions or members of statutory bodies.

• Relativity with roles similarly defined?• Should community’s capacity to pay be taken into

account?• Uniform across councils and members, or vary according

to some criteria?

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Council Member Allowances + Benefits• If fixed as a range should a council’s choice be linked to its

assessment of performance of council members? e.g.– Comparative Performance Measurement and the Council

Member Self Assessment

• How should allowances + reimbursements + other facilities and support fit together to support members?

• Should non-elected council committee members and board members of council and regional subsidiaries be paid an allowance?

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Consider linkages and compatibility

• Linkages across topic areas – do options fit together?

• Total package – Overall complexity affects comprehension, central approach to education and information and cost

• Trade offs

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More or less?

More frequent ← ELECTION FREQUENCY

→ Less frequent

No regular pattern ←

RELATIONSHIP

TO

STATE ELECTIONS→ Regular pattern

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More or Less?Wider ← FRANCHISE → Narrower

Varies by council ←

VOTING OBLIGATION

→ Consistent

LG sector wide

Mix of methods ←

VOTING AND COUNTING SYSTEM

→ Common method

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More or Less?Local choice ←

options

REPRESENTATIVE STRUCTURE

→ Common sector wide

Fewer restrictions ← CANDIDACY → More restrictions

Treat as new ←

election

CASUAL VACANCIES

→ Fill using previous election

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DISCUSSION SESSION

Setting the Priorities

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Next Steps

• 6 Regional Sessions

• Completion of 5 Discussion Papers

• Public Information Session 11 August

• LGA Guide to preparing submissions

• Submissions due 17 September 2004

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Community Input

• Local community promotion by Councils encouraged

• Council newsletters, libraries, offices, websites, community ‘noticeboards’ in local papers

• Refer LGA Circular 31.1

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Where to from here?• www.lga.sa.gov.au/goto/electionsreview• Telephone: LGA 8224 2000• Email: electionsreview@lga.sa.gov.au

To State Government October 2004:– LGA Submission; and– Report on Consultation Process and other

Submissions

• Parliament 2005