Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales (No 2) [2016] FCA 668

Electoral Commissioner, in the matter of an election for offices in the Local Government and Shires Association of New South Wales (No 2) [2016] FCA 668

Orders to update roll of voters, identify and discard ineligible votes, remove ineligible candidates, and declare a candidate elected are necessary and practical to address council amalgamations and maintain the integrity of the election process.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Application for Election Orders / Order and Reasons for Judgment
Outcome
Orders made as agreed by the parties to address changed circumstances affecting the election process
Legal Topics
['election Procedures Within Registered Organisations' 'effects of Council Amalgamation on Electoral Eligibility']
['employment & Industrial Relations'] ['election Procedures Within Registered Organisations' 'effects of Council Amalgamation on Electoral Eligibility']

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Procedural Posture

Application for Election Orders / Order and Reasons for Judgment

Legal Issues

  1. 1 ['How to adjust election procedures in light of council amalgamations' 'Eligibility of candidates and voters after amalgamations' 'Validity of previous orders in context of changed circumstances']

Ratio Decidendi

Orders to update roll of voters, identify and discard ineligible votes, remove ineligible candidates, and declare a candidate elected are necessary and practical to address council amalgamations and maintain the integrity of the election process.

Court Disposition

Orders made as agreed by the parties to address changed circumstances affecting the election process

Orders

  • ['Paragraphs 3(ii) and 4 of previous orders varied to update roll of voters as at 13 May 2016' 'Restrict candidates to those who stood in the voided election and are still eligible as at 13 May 2016' 'Returning officer to conduct election so that votes cast by delegates from dissolved councils may be identified and...