BATHURST Regional Council has come up with a plan for finding a new councillor in the event there is a casual vacancy.
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At its extraordinary meeting last week, which also saw the election of mayor and deputy mayor, council resolved to hold a countback of votes instead of a by-election should a casual vacancy need to be filled.
The Local Government Act contains provisions concerning the use of a countback instead of a by-election.
A countback can be used if a casual vacancy occurs within 18 months after the date of the last ordinary election for the area, provided the council has at its first meeting declared that the vacancy would be filled by a countback of votes cast at the last election.
Under the Local Government Act, if a casual vacancy occurs within 18 months before the date specified for the next ordinary election, the minister may order that the vacancy not be filled.
General manager David Sherley recommended council utilise the countback method largely for financial reasons.
"Given the costs of conducting a by-election are quite substantial, it is recommended that council determine that any casual vacancy that occurs within 18 months of the last ordinary election be filled by a countback of votes cast at the last election for that office," he said in his report.
In the event a casual vacancy needs to be filled, the returning officer will contact all unelected candidates from the last local government ordinary election who may still qualify to be elected to the office of councillor.
Interested candidates must submit a formal application to the returning officer to become eligible candidates.
If there are multiple eligible candidates, a countback election is conducted.
In a countback election, the returning officer:
- uses preference data from ballot papers from the previous local government ordinary election
- uses the same proportional representation method used in the original election
- effectively re-runs the election making the vacating councillor ineligible and distributing each of their ballot papers to the next preference on the ballot paper
- if a non-eligible candidate would be elected, the election is re-run with that candidate's ballot papers also distributed to their next preference on the ballot paper
- re-runs the countback until an eligible candidate is elected.
The last election for Bathurst Regional Council was held on December 4, 2021. The next is currently scheduled to occur in September, 2024.
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