2008 Local Government Quadrennial Elections

Key dates

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• Local Government Elections
• Council Structure
• Enrolment
• Political Parties
• Groups of Candidates
• Candidates and Nominations
• How to Vote Cards
• Election Signage
• Full Postal Ballots
• Voting
• Voting Systems
• Election Results

Local Government Elections

Local Government elections and by-elections are conducted in accordance with the provisions of the Local Government Act 1993 and the City of Brisbane Act 1924.

The next local government elections are due to be conducted on Saturday, 15 March 2008.  The Electoral Commission of Queensland (ECQ) will be responsible for their conduct, with the Electoral Commissioner as Chief Returning Officer. 

The ECQ will appoint a Returning Officer (RO) for each Local Government Area to conduct the election on behalf of and under the direction of the Commissioner. In the case of the Brisbane City Council (BCC) election, a Returning Officer will be appointed for each of the City’s 26 electoral wards.

Important dates for the 2008 Local Government elections:

Close of Rolls: Thursday, 31 January 2008

Close of Nominations: Tuesday, 19 February 2008, 12 noon

Registration of How-to Vote Material closes: Friday,  7 March 2008

Polling Day: Saturday, 15 March 2008

Further detailed information will be available on this website closer to the election.

Local Government elections are conducted on a similar basis to State elections including:

• Registered political parties may nominate candidates and have the party name on the ballot paper.
• Electors enrolled for Federal and State elections are automatically enrolled for their Local Government Area.
• Only how to vote cards that have been lodged in accordance with the relevant legislation Act can be distributed on polling day.
• Voting is compulsory.

Candidates and contributors to candidates' campaigns are required to disclose expenses and contributions. (Refer to Part 8 of the Act)

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Council Structure

Mayors and Councillors are elected for a four year term.

Local Governments are either whole of council areas (undivided) or divided into individual divisions (divided). 

For divided councils, each division is required to have an approximately equal enrolment of electors.

Link to list of Councils showing: Undivided / Divided Councils

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Enrolment

All eligible electors are required by law to be enrolled. Click here to check your enrolment, including the Local Government Area (and division if applicable) in which you are enrolled.

Close of Enrolment

Rolls for the March 2008 elections close on Thursday, 31 January 2008

VOTING IS COMPULSORY AT LOCAL GOVERNMENT ELECTIONS.

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Political Parties

Political parties cannot endorse candidates at Local Government elections unless they are registered under the Electoral Act 1992.

• Click here for a list of Queensland Registered Political Parties.

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Groups of Candidates

Elections can also be contested by groups of candidates.

Groups of candidates must complete a record of Group Membership and Appointment of Group Agent form as required by section 435C of the Local Government Act 1993. The form must set out details of the candidates who are members of the group as well as the name of the group agent, and be signed by each of the candidates and the agent. 

The form must also contain the person’s signed agreement to being appointed as the group’s agent and their declaration that they are eligible to be appointed as the group’s agent.

Forms must be lodged after the Candidates have nominated but before noon on the day nominations close.

Group How-to-vote Cards

See How-to-Vote-Cards

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Candidates and Nominations

Nominations will be invited by advertisement in local newspapers. Nominations open on Saturday 2 February 2008.

Once nominations are called, nomination forms (LG05 & LG05A and BCC05 & BCC05A for Registered Political Parties and, LG06 and BCC06 for Independent Candidates) Scrutineers Handbook and Candidates Handbook will be available from the Returning Officer or on this website.

Nominations must be lodged with the Returning Officer by noon on Tuesday 19 February 2008.

To be eligible, a candidate for councillor or mayor must:

• be an adult Australian citizen.
• live in the Local Government area.
• be enrolled for the Local Government area concerned as at 31 January 2008; and.
• not be a disqualified person.

The disqualifications for office are set out in Chapter 4 of the Local Government Act 1993 and, in the case of BCC, the Electoral Act 1992.

It is not the role or responsibility of the ECQ or the Returning Officer to give advice regarding the eligibility of candidates. Should you be in any doubt on this matter you should be guided by your own legal advice.

Candidates may be nominated in either of the following ways:

• By 6 or more persons who are enrolled for an address within the Local Government area, or Division, or Wards of the Local Government area as at close of rolls for which the election is to be held.
• By the Registered Officer of a registered political party that has endorsed the candidate.

A candidate for election as mayor or councillor in a particular division need not be on the roll for that particular division but must be enrolled for that council area and must reside in that council area at the time of close of rolls for an election.

A candidate for election as mayor or councillor for an undivided council area must be on the roll for that council area and must reside in that council area at the time of close of rolls for an election.

Dual candidacy not permitted
A person cannot stand as candidate for both councillor and mayor, be a candidate for more than one council or be a candidate for more than one division in a council area.

When a nomination form is lodged for all councils except BCC, a deposit must be paid to the Returning Officer. The deposit of $150.00 must be paid in cash or bank cheque. In case of BCC, the nomination fee deposit is $250.00. Personal cheques, EFTPOS transactions or credit cards cannot be accepted under any circumstances.

The deposit will be returned to candidates who:

• Withdraw consent to the nomination before noon on the cut-off day for Nominations;
• Are elected;
• Gain more than 4% of the total number of formal First Preference Votes polled in the Local Government area or division or ward which they contested;
• In the case of First-Past-the-Post Voting, a candidate who gains more than 4% of the total number of Formal Votes cast for the Local Government area.

N.B. Refund of the deposit is also subject to the candidate lodging with the Chief Executive Officer of the Local Government area a disclosure of election gifts. No refund can be made until the expiration of the disclosure period (i.e. 30 days after conclusion of the election).

Where a candidate does not qualify for a refund, the deposit is forfeited to the relevant Council.

The order of candidates’ names on the ballot paper is determined by a draw conducted by the Returning Officer on nomination day. For the Mayoral ballot paper for the BCC election, the draw is conducted by the ECQ. Details of the time and location will be confirmed by the Returning Officer. Candidates or their representatives are welcome to attend the draw.

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How to Vote Cards

Registered political parties, registered groups of candidates and candidates may distribute electoral material (how to vote cards, etc) during the course of an election. There are legislative requirements that govern the distribution of such material during the election period which, for the 15 March 2008 elections, will begin on Saturday 2 February 2008 when public notice of the holding of the election is given.

The following definitions apply in relation to the 15 March 2008 elections:

“how-to-vote card” means a card, handbill or pamphlet that—

1. is or includes—
   1. a representation of a ballot paper or part of a ballot paper;  or
   2. something apparently intended to represent a ballot paper or part of a ballot paper; or
2. lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of the candidates;  or
3. otherwise directs or encourages the casting of preference votes, other than first preference votes, in a particular way.

“distribute” a how-to-vote card—

1. includes making the card available to other persons; but
2. does not include merely displaying the card in a particular place.
   
   Examples—

1. A person “distributes” how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.
2. A person does not “distribute” how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.

Authorisation of “How-to-Vote Cards”

“How-to-Vote” Cards (HTV Cards) distributed during an election period must state the following particulars:

• For a candidate, the name and address of the person who authorised the card and the word ”Candidate”
  Example: “Authorised R. Jones, 1 Green Street, Brisbane for R. Jones (Candidate).”

• If the card is authorised for a registered political party or a candidate endorsed by a registered political party – the party’s name (or registered abbreviation)
  Example: “Authorised P. Smith, 100 Green Street, Brisbane for [name of Registered Political Party]”.

• If the card is authorised for a group of candidates or for a candidate who is a member of a group of candidates – the name of the group.  The authorising person must be a member of the group.  
  Example: “Authorised P. Smith, 100 Green Street, Brisbane for [name of Group]”

In all cases, the particulars must appear at the end of each printed face of the HTV Card in prominent and legible characters in print no smaller than –

10 Point – if the card is not larger than A6.

14 Point – if the card is larger than A6 but not larger than A3.

20 Point – if the card is larger than A3.

“How-to-Vote Cards” at Electoral Visits and Declared Institutions

• Returning Officers will give all candidates the opportunity to provide 2 or 3 HTV Cards for Issuing Officers to display at Electoral Visits (EVs) and Declared Institutions (DIs) during voting times.
• Candidates who participate in this arrangement will have their HTV Cards glued on a manilla folder or the like in the same order as their names appear on the ballot paper.

Lodgement of “How-to-Vote” Cards to be Distributed on Polling Day

• “How-to-Vote” Cards for a registered political party or for any candidate that are to be distributed on polling day must be lodged with the Returning Officer, or in some cases with the ECQ by the person who authorised them, before 5.00 pm on Friday, 7 March 2008. The required number of HTV cards that must be lodged is as follows:

MAYORAL HTV CARDS

• If authorised for a registered political party or a candidate authorised by a registered political party:
  12 cards, plus one for each polling place in the Local Government area, together with forms LG53 & LG53A (Lodgement of a How-to-Vote Card) and, in the case of the BCC election, forms BCC53 & BCC53A.
• If authorised for an independent candidate):
  12 cards, plus one for each polling place in the Local Government area, together with form LG53B (Lodgement of a How-to-Vote Card) and, in the case of the BCC election, form BCC53B.

COUNCILLOR HTV CARDS

• If authorised for a registered political party or a candidate authorised by a registered political party:
  For each type of card, 12 cards, plus one for each polling place in the Local Government area in which the particular card is to be distributed, together with forms LG53 & LG53A (Lodgement of a How-to-Vote Card) and, in the case of the BCC election, forms BCC53 & BCC53A.
• If authorised for an independent candidate:
  12 cards, plus one for each polling place in the Local Government area in which the particular card is to be distributed together with form LG53B (Lodgement of a How-to-Vote Card) and, in the case of the BCC election, form BCC53B.

GROUP HTV CARDS

The person who authorises how-to-vote cards for a group which has lodged a Record of Group Membership must lodge the cards by 5pm on Friday 7 March 2008 if the cards are to be distributed on polling day. The number of cards to be lodged is:

• For cards which are to be distributed at all polling booths within the Local Government Area – 12 plus 1 for every polling booth in the Local Government Area;
• For cards that are to distributed only within a Division or Ward of the Local Government Area – 12 plus 1 for each polling booth in the Division to which the cards relate.

The how-to-vote cards must be lodged together with form LG53C (Lodgement of a How-to-Vote Card) and, in the case of the BCC election, form BCC53C.

Availability of Lodged “How-to-Vote Cards” for Public Inspection

• All approved HTV Cards will be made available for public inspection before polling day at the office of the Returning Officer.
• Every effort will also be made to have a set of lodged HTV Cards relating to that Local Government area for inspection at each polling booth in the areas or divisions or wards to which they relate.

Canvassing in or near Polling Places

Candidates or their representatives are not permitted to canvass for votes, distribute “How-to-Vote” material to electors or display a political statement inside a polling booth or within 6 metres of the entrance to a polling booth.

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Electoral Signage

Handbills, pamphlets and notices which contain election matter must be authorised if they are printed, published, distributed or broadcast during the election period. The authorisation must be in the form of the name and physical address (not a PO Box) of the person who authorised it in accordance.

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Full Postal Ballots

A small number of local government areas will conduct their elections exclusively by postal ballot. All electors in these areas will automatically receive their postal ballot papers by mail without needing to apply. Click here for a list of councils conducting Full Postal Ballots. If your Council is not listed here and you are unable to attend a polling booth on election day you MUST arrange for a postal vote or vote at an appointed pre-poll centre.

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Voting on Election Day

Election day is Saturday 15 March 2008.

Polling booths are usually at local schools and halls. In most cases they will be the same as those used for the State and Federal elections. The location of polling booths will be advertised in the period leading up to the election as well as on this website.

Polling places are open from 8 am to 6 pm.

An elector can only vote at a polling booth appointed for the division for which the elector is enrolled.

Undivided Councils

An elector can vote at any polling booth within the council area for which the elector is enrolled.

For electors who cannot attend a polling booth as set out above, the only available options are to lodge a postal vote or to vote at one of the ECQ’s pre-poll centres. There is NO ABSENTEE VOTING at local government elections other than BCC elections. For the BCC election, absent voting will be available within Brisbane only and NO PRE-ARRANGED INTERSTATE OR OVERSEAS VOTING.

Electors who qualify are able to vote prior to election day as either a postal voter or a pre-poll voter.

Application forms for a postal vote must be received by the Returning Officer no later than 6.00 pm on the Thursday before polling day. Postal votes must be completed and posted before 6.00pm on polling day and received by the Returning Officer before 6.00 pm on the 10th day after polling day.

Pre-poll Voting

For those councils whose elections are not carried out by way of a Full Postal Ballot, pre-poll voting will be available at the office of the Returning Officer and other locations appointed by the Commission during the 2 weeks prior to polling day. Dates and hours of operation will be advertised on this website.

In the case of BCC elections, pre-poll voting will commence on Monday 25 February 2008 and will be available at the Returning Officers' offices, Brisbane City Hall and Magistrates Courts Offices at Cairns, Townsville, Rockhampton, Gladstone, Bundaberg, Mackay, Maryborough, Ipswich and Toowoomba.

Not all electors who are SPV’s for Commonwealth and State elections are registered for Council elections. Only silent electors (electors whose address does not appear on the electoral roll) will automatically be sent their postal ballot papers by the Returning Officer or the ECQ. All other categories of SPV’s are required to apply for a postal vote.

NB:A small number of local government areas will conduct their elections exclusively by postal ballot. All electors in these areas will automatically receive their postal ballot papers by mail without needing to apply. Click here for a list of councils conducting Full Postal Ballots. If your Council is not listed here and you are unable to attend a polling booth on election day you MUST arrange for a postal vote or vote at an appointed pre-poll centre.

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Voting System

For councils that are divided into separate divisions or wards, elections will be conducted using the Optional Preferential Voting system. All other (undivided) councils will use the First-Past-the-Post system. Click here for a description of how these different voting systems work.

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Election Results

Local Government Election results will be posted on the ECQ’s website from polling night until counting of votes is finalised.

Please click here for Local Government Election reults.

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