A7: ELECTION RULES

A7: ELECTION RULES

A7: ELECTION RULES 

1. PURPOSE

The Victorian Farmers Federation (VFF) is committed to ensuring fair, transparent, and secure elections for the positions of President, Vice President, and Commodity Council Presidents and Vice Presidents, Councillors, and some Issues Advisory Committee (IAC) roles within the organisation.

This policy outlines the rules and procedures governing VFF elections when a ballot is to be held outside of a meeting of the VFF, including definitions and requirements in alignment with the guidelines established by the Australian Electoral Commission (AEC).

This policy does not apply to the election of Commodity Councillor roles, Branch roles, the conduct of a ballot during a meeting of the VFF, or appointment of members to IAC, but may be used a guide for such a ballot at the discretion of the Returning Officer.

2. BACKGROUND

The VFF is committed to upholding the principles of democracy and transparency in its elections. This policy aligns with the principles and guidelines established by the AEC and outlines the voting systems used by the VFF to ensure fair and accurate elections.

The Fair Work (Registered Organisations) Act, 2009 sets out certain requirements for rules of organisations and for the conduct of elections for office. It also prescribes offences in relation to elections and ballots.

This policy is developed to comply with Section 147 of the Fair Work (Registered Organisations) Act, 2009. The policy also complies with the VFF constitution, which when in conflict with the Act prevails. It has also been developed so that eligible financial members have the maximum franchise and facilitate administrative and reporting arrangements for the compilation of the roll of voters, ballot definition and the voting process.

3. POLICY

3.1. DEFINITIONS

3.1.1. Candidate: means a person who seeks and is nominated for an office.

3.1.2. Close of roll day: the day on which the roll of voters for the ballot is closed. Any member who is eligible to vote on that day is included in the roll of voters.

3.1.3. Financial member: means a member who at the date determined to be the close of roll day has paid all membership fees required. For clarity and in accordance with the constitution, for the purposes of an election financial members include members that have not paid all membership fees for up to and including 120 days of the fees being due.

3.1.4. Incompatible offices: means offices that cannot be held concurrently under the Constitution or internal policy. A person cannot be elected to the roles of either: – President and Vice President, or – Commodity President or Commodity Vice President and Commodity Councillor, at the same time.

3.1.5. Irregularity: has the same meaning as the definition contained in Section 6 of Schedule 1B of the Fair Work (Registered Organisations) Act 2009. That is in relation to an election or ballot, (a) a breach of the rules of an organisation, and (b) an act or omission by means of which; (i) the full and free recording of votes by all persons entitled to record votes and by no other persons, or (ii) a correct ascertainment or declaration of the results of the voting is, or is attempted to be, prevented or hindered, and (c) a contravention of section 190 of the Act whereby if an organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election for an office or other position.

3.1.6. Nominee: means an individual person identified as being associated with a financial membership as being eligible to vote and included on electoral roll. This is different to the definition contained in Section 6 of the Fair Work (Registered Organisations) Act 2009 because it is overwritten by the definition in the VFF constitution.

3.1.7. Nominator: means a person who nominates another person as a candidate for office. Nominators are required to be a voting financial member or nominee of a voting financial member in order to validate the Nomination.

3.1.8. Financial member: means a member who is not a Non-financial member.

3.1.9. Non-financial membership: means a member who at the close of roll day has membership fees in arears of more 120 days.

3.1.10. Non-voting member: has the same definition as the VFF constitution.

3.1.11. Prescribed officer: means a VFF employee authorised by the Chief Executive Officer (CEO) to maintain and make available the register of members to the Returning Officer or Company Secretary and conduct other election related activities, including but not limited to the disclosure, assessment and counting of ballots.

3.1.12. Returning officer: means the independent officer that oversees the election process. The Returning Officer is the CEO, or acting returning officer appointed by the Board for a defined period if the CEO is incapable of delivering the duties of the role.

3.1.13. Voting member: has the same meaning as in the VFF Constitution.

3.2. RETURNING OFFICER

3.2.1. The returning officer is required to interpret and apply the provisions of this policy and constitution as written rather than how the organisation may have intended them to be applied.

3.2.2. The returning officer’s duties include: 

  • Initiation of an election at the approval of the Board, request of a Commodity Policy Council, or expiry of a term,
  • Ensuring the eligibility of candidates and voters, – Overseeing the distribution and collection of ballots, whether electronic, postal, or paper,
  • Verifying the integrity and security of the voting process,
  • Supervising the counting of votes and declaring the election results, and
  • Resolving disputes and complaints related to the election process.

3.2.3. The returning officer shall not be a VFF member, the holder of any elected office of the VFF, or of a group, committee, branch, or section of the organisation.

3.2.4. When the returning officer is required to conduct an election for any position, the returning officer shall apply this policy along with the Constitution, making any necessary changes as required for the orderly conduct of the election.

3.2.5. When the conduct of an election has been approved by the Board, legitimate request, or as result of a vacancy, the returning officer shall prepare and circulate a notice advising of the election and calling for candidates to be nominated in accordance with this policy. The notice shall include the closing day of the roll, the offices for which an election is being held and method by which candidate may be nominated. The notice shall be in the format determined by the returning officer.

3.2.6. In respect to any matter pertaining to the conduct of any election, and in spite of anything else contained in these rules, the returning officer shall take such action and give such directions as the Returning Officer considers necessary, including but not limited to making void a step already taken in the election, to ensure the secrecy of the ballot and to prevent or remedy an irregularity.

3.3. TIMETABLE

3.3.1. The timetable for an election should take into account the requirements of the Victorian farming sectors, and the size and geographic spread of the membership. Normally a period of between 14 to 28 days is allowed for both the receipt of nominations and for the ballot, with 14 days is the standard prescribed in this policy.

3.3.2. In accordance with the Constitution (22.1.2), the period between notice of the election to members and the opening of voting shall not be less than 40 days where there is more than one nomination for an office.

3.3.3. In accordance with the AEC guideline a period of 14 to 28 days is allowed for the receipt of nominations from after the close of roll day.

3.3.4. In accordance with the AEC guideline a period of 14 to 28 days is allowed for the receipt of distributed ballots.

3.3.5. The model timetable may require minor amendment to ensure days for a formal activity do not occur on a weekend. As a guide, the Friday or Monday should be used instead of a Saturday or Sunday, respectively. 

3.3.6. The model election timetable includes flexibility in items 1-4 to allow for the VFF to prepare for and communicate about an election. From the close of the roll (item 5) the interaction between the constitution, the Act and the AEC guidelines provide for minimal flexibility in the election timetable.

3.3.7. Nominations for Commodity President and Vice President offices must be submitted to the CEO/returning officer at least 40 days prior to the time when the election is held.

3.3.8. Table 1: A model VFF election timetable 

Item Activity Day Day Gap Day Guide
1
Board paper for election
Zero
2
Board approval
7
7
7
3
Announce election
27
20
(1 to 28)
4
Preliminary election notice
52
25
(1 to 28)
5
Close membership roll
66
14
14
6
Call for nominations
80
14
(7 to 30)
7
Close nominations
94
14
14
8
Notice of election
99
5
(>40 to ballot)
9
Ballot distribution – postal
132
33
(>7 to open)
10
Ballot distribution – electronic
134
2
(>1 to open)
11
Open voting
139
5
(>40 from Notice)
12
Close voting
153
14
14
13
Announce election results
167
14
14
  • 3.3.9. Despite the provisions of this policy, if the returning officer is unable to commence the nomination period so as to comply with this policy, the election timetable shall be established by applying the time limits identified in table 1 but commencing from the date of the opening of nominations.

3.4. COMMUNICATION

3.4.1. Publication: The returning officer shall cause an election notice to be published:

  • On the VFF website, 
  • In a member communique or newsletter published by the VFF and circulated to all members eligible to participate in the election, directly to the member’s known  email address or postal address. 

3.4.2. Election notice:

The election notice shall:

  • State that the election is being conducted by the returning officer,
  • List the offices for which nominations are sought,
  • Invite candidate nomination for election from all eligible persons,
  • Fix the time and date for the close of the roll,
  • Fix the time and date for the opening and closing of candidate nominations,
  • Fix the time and date for the opening and closing of the ballot,
  • Specify the place where candidate nomination forms may be obtained,
  • Specify the place where candidate nominations must be lodged,
  • Specify the accepted method(s) of lodgement,
  • Fix a time and date for withdrawal of nominations, and
  • Specify other documentation required to be submitted with the nomination, e.g. a biographical and/or policy statement not exceeding 200 words in support of the nomination.

3.4.3. Candidate information: At the discretion of the returning officer, arrangements may be made for candidates to publish information on the VFF website or to present information members at in-person or on-line forums.

3.5. ELECTORAL ROLL

3.5.1. The composition of the roll of voters for each election depends on office for which the election is being held. Each voting financial member, inclusive of one nominee listed on the day of the close of the electoral role is entitled to vote for the relevant election.

3.5.2. In accordance with section 143 of the Act, this policy requires that the electoral roll closes on a day no earlier than 30 days and no later than seven (7) days before the day on which nominations for the election open. That day is referred to as the close of roll day.

3.5.3. It is the responsibility of members to ensure that the names of the up to two (2) eligible voting nominees (including themselves) and their contact details, including email addresses are correct before the close of the electoral roll. Where possible, the roll of voters should contain eligible member’s email address and residential or other postal address, and not a workplace and/ or a non-current address.

3.5.4. The only persons eligible to appear on the roll of voters in a ballot are those persons who, on close of roll day, are financial members of the organisation, and in the case of a Commodity office election registered with that commodity group that the office represents.

3.5.5. As each nominee for the relevant membership will receive ballot for that election, no proxy voting arrangements are permitted.

3.5.6. In accordance with section 143(6) of the Act, this policy requires that the only alterations that can be made to the electoral roll after the close of roll day are to correct errors such as the adding of persons who were inadvertently omitted from the roll of voters, or the deletion of persons who were inadvertently included on the roll of voters.

3.5.7. In order to compile a list of voters the returning officer must have access to the membership details of the organisation. This is achieved by requesting the prescribed officer to supply a list of voting financial members and non-financial members up to 120 days inclusive of up to two (2) eligible voter nominees per membership and their addresses. From these listings the returning officer compiles and approves the roll of voters to whom ballot material will be sent.

3.5.8. In accordance with Section 143 the Act, this policy requires that when a voter is expected to be absent from the voter’s normal location during the ballot period arrangements will be made for that voter to receive a ballot.

3.5.9. The returning officer shall request the prescribed officer to supply the name and postal address of every member eligible to vote at an election. The returning officer may also request the prescribed officer to supply additional information which does not form the roll of voters but is to be used to ensure no irregularity occurs, and to supply the information in electronic form. The prescribed officer shall comply with such a request.

3.5.10. The prescribed officer must take all reasonable steps to ensure the listings supplied to the returning Officer contain, where practicable, each eligible member’s residential or other postal address rather than workplace address.

3.5.11. Any candidate for election and any member entitled to vote in an election may inspect and obtain a copy of the roll of the office for which they are nominated for the purposes of the election only by requesting in writing such from the returning officer in accordance with the requirements of the Corporations Act. A copy of the roll may be provided in electronic form.

3.6. CANDIDATES

3.6.1. In accordance with the Constitution, the President and Vice President shall be elected by the voting members of the Federation and the election, if contested, shall be conducted by prescribed ballot utilising the preferential system of voting. The elections will take place at a date specified by the Board in line with the term of office for the President and the Vice President. A separate ballot shall be conducted for each position of President and Vice President.

3.6.2. The President and Vice President must be voting members in order to be eligible as candidates and to assume the offices of President and Vice President.

3.6.3. Nominations for the offices of President and Vice President shall be submitted to the CEO/returning officer) in writing signed by five (5) nominators who shall be voting members, together with the signed consent of the person nominated for the office of President or Vice President and lodged at least 40 days before the time at which the election is to be held.

3.6.4. The President and Vice President term shall expire in even numbered years. The President shall not be eligible for re-election, as President, for more than two (2) consecutive terms.

3.6.5. The Commodity Group President and Commodity Group Vice President shall be elected by the members of the Commodity Group and the elections, if contested, shall be conducted by prescribed ballot utilising the preferential system of voting. A separate ballot shall be conducted for each position.

3.6.6. The Commodity Group President and Commodity Group Vice President must be voting members who have registered for the Commodity Group.

3.6.7. Nominations for the Commodity Group President and Commodity Group Vice President shall be submitted to the CEO/returning officer or delegate in writing signed

by two (2) nominators who shall be members registered for the commodity group together with the signed consent of the person nominated for the office at least 40 days before the time at which the election is to be held.

3.6.8. The Commodity Group President and Commodity Group Vice President shall not be regional representatives (councillors).

3.6.9. An election for Commodity Group President and Commodity Group Vice President will be conducted at a date specified by the Commodity Policy Council in line with the term of office for the Commodity Group President and the Commodity Group Vice President

3.6.10. The term of Commodity Council offices is two (2) years, with eligibility for election for no more than two (2) terms as President or Vice-President and four (4) terms as a Councillor.

3.6.11. The VFF shall establish a period, during which eligible members may submit their candidature supported by the required number of eligible nominators.

3.6.12. Each member’s eligibility to participate as a candidate or nominator is determined as at the close of nominations based on the electoral roll.

3.6.13. A candidate for any office must be a financial member and voting member of the part of the organisation or commodity group that the office represents.

3.6.14. A nominator for any office must be a financial member and a voting member of that part of the organisation or commodity group that the office represents.

3.6.15. Candidate nominations must be submitted in writing in the form determined by the Returning Officer and include a candidate’s consent and include:

The full name and membership of the candidate,

  • The office for which the candidate is being nominated,
  • Signature of the candidate consenting to the nomination,
  • The full name, membership number and signature of each nominator, and
  • Any further documentation required by the Returning Officer.

3.6.16. Candidates and nominators must meet all eligibility criteria and provide any required evidence and supporting documentation, or other information on request of the Returning Officer.

3.6.17. Candidates may accept nominations for multiple offices where they are incompatible but may not be elected to incompatible offices (see 3.13.7).

3.6.18. Incompatible offices:

  • The President and Vice President may not hold both of these offices.
  • A Commodity President or Vice President may not hold either of these offices and that of a councillor.

3.6.19. At the discretion of the returning officer, a candidate may be offered the opportunity to submit with their nomination application a biography and/or policy statement not exceeding a total of 200 words that may be published on the VFF website and in member communications.

3.6.20. After the close of candidate nominations, the returning officer shall consider all nominations received during the nomination period.

  • The returning officer shall reject any candidate nominations received after the nomination period has closed.
  • The returning officer shall accept all candidate nominations which satisfy the requirements of this policy.
  • The returning officer shall treat any defective candidate nominations in the manner prescribed in this policy.
  • When a ballot is required, the returning officer shall conduct the ballot in accordance with this policy.

3.6.21. Where the returning officer finds that a candidate nomination is or may be defective, the returning officer shall, before rejecting the nomination, notify the person concerned of the defect and where practicable, give the person the opportunity of remedying the defect or providing further information in support of the nomination, within a period of not less than three days after being notified.

3.6.22. Where the returning officer has notified a person of a defective nomination, and where that person has remedied the defect and advised the returning officer within the time prescribed by the returning officer, the returning officer shall accept the nomination.

3.6.23. Where the returning officer has notified a person of a nomination defect, and where that person has not corrected the defect and advised the returning officer within the time prescribed by the returning officer, the candidate nomination shall be rejected.

3.6.24. Candidate information: The returning officer may arrange for candidates to present information to members at in person or on-line forums.

3.6.25. Candidate assistance: the returning officer, prescribed or other officer may not provide any candidate with assistance during the election period other than as described in this policy.

3.6.26. A candidate nominated for any office may withdraw the nomination by notice in writing to the returning officer. The notification of withdrawal must include the signed consent of the candidate in a form acceptable to the returning officer.

3.6.27. Once a nominator has endorsed the nomination of another member for election to any office in the organisation, that nominator may not subsequently withdraw that endorsement.

3.7. UNCONTESTED ELECTIONS

3.7.1. If, after the close of nominations, only a single valid candidate nominations is received for an office, the returning officer shall declare elected the person or persons nominated with the term of office to begin on the previously published day for declaration of results, or 40 days after the close of nominations, whichever is later.

3.8. BALLOTS

3.8.1. Conduct: If the number of valid nominations received for an office exceeds the number of positions to be filled, the returning officer shall conduct a secret ballot of members entitled to vote. Ballots shall be conducted sequentially in descending hierarchical order as identified in these rules. Once a ballot is completed and the result determined the ballot for the next highest office shall commence.

3.8.2. Ballot design: The following features shall appear on all ballot papers prepared in respect of a secret ballot for an election for office:

  • The name of the organisation,
  • The authenticating mark of the returning officer,
  • The name and number of the office/s to be elected,
  • Instructions for marking the ballot paper,
  • The names of the candidates listed in the alphabetical order of surnames,
  • Instructions for returning the ballot paper,
  • Name and location of the returning officer, and
  • Any other instruction considered necessary by the returning officer.

3.8.3. The ballot papers shall contain the names of the candidates with the last name first followed by the given names. No other candidate information will be printed on the ballot paper.

3.8.4. The ballot paper shall contain instructions for the voter to place a number in sequence from one on each ballot in the box opposite the name of the candidate for whom the voter wishes to vote.

3.8.5. Ballots will be issued on the dates prescribed by the returning officer as any of the electronic or postal ballots.

3.8.6. At the discretion of the returning officer, members on the electoral roll as eligible to vote that have provided an email address will be provided with secure access to the electronic voting platform during the designated voting period. Members shall receive instructions on how to cast their electronic votes.

3.8.7. In instances where electronic or postal voting is not feasible, paper ballots may be provided. Proper safeguards shall be in place to ensure the security, confidentiality, and integrity of paper ballots.

3.8.8. Members on the electoral roll as eligible to vote may request a postal ballot. Such members ballots shall receive the necessary voting materials in a secure and confidential manner. Members that have not provided an email address will be provided a postal ballot

3.8.9. Any member who is entitled to vote at any election held in accordance with this policy and who will be absent from their usual address during the period in which the ballot is to be conducted, may apply to the returning officer for ballot material to be sent to another address that the member so nominates. Any request for such a ballot must be received by the returning officer within 35 days following the notice of the election. Notification to the returning officer shall be in a form acceptable to the Returning Officer and shall set out the member’s name and usual address and the address to which the member elects to have ballot material sent.

3.8.10. Where a returning officer receives a request for an absent vote made in the form described in this rule, the returning officer shall comply with that request.

3.8.11. Replacement ballots shall be issued at the discretion of the returning officer on receipt of evidence from the member that is eligible to vote and received that ballot that it has been destroyed or has become illegible.

3.9. VOTING

3.9.1. Ballots are provided to all eligible membership nominees on the electoral roll for the relevant office for which an election is being held.

3.9.2. Ballots will be provided electronically to a valid email address, by post to the contact details on the electoral roll, or in person at the VFF office from the date of ballot distribution.

3.9.3. Ballots may be returned electronically, by post or in person from 8.30am on the day of opening of voting until 5.00pm on the day of close of voting.

3.9.4. Postal votes will be accepted for up to five (5) days following the close of voting if they are marked by an official postal service with a date on or before the close of voting.

3.9.5. Only the returning officer and prescribed officer may handle ballots.

3.9.6. During the course of voting the returning officer or prescribed officer under direction may collect returned envelopes from a post box or mail delivery and keep them in safe custody until the commencement of the assessment. The returning officer shall make a final clearance of returned envelopes so that all envelopes received by the returning officer prior to the closing time for the ballot are admitted to the scrutiny.

3.9.7. Ballots will be assessed and counted at a date determined by the returning officer at least five (5) days after the close of voting if any postal ballots have been distributed. No envelopes returned after the close of the ballot shall be admitted to the assessment.

3.9.8. When a ballot is received by the returning officer or prescribed officer, its receipt will be marked against the name of the eligible voter on the on the electoral roll in a manner such that the voting result of the ballot remains confidential.

3.9.9. The returning officer shall conduct a preliminary scrutiny of returned declaration envelopes to ensure that only one returned envelope from each eligible voter is admitted to the count. The returning officer may commence the preliminary scrutiny prior to the close of the ballot.

3.9.10. Before proceeding to count the votes to ascertain the result of the ballot, the returning officer, or under direction the prescribed officer shall remove the ‘declaration envelope’ from the reply-paid envelope and examine the voter’s declaration attached to each ‘declaration envelope’, and mark receipt of the ballot against the voter’s name against a copy of the electoral roll of voters.

3.9.11. A voter’s returned ballot material shall be rejected and set aside if:

  • The ‘declaration envelope’ has not been returned, or
  • The voter has not completed the declaration on the ‘declaration envelope’ to satisfy the returning officer, or
  • The voter is ineligible to vote, or
  • The returning officer is unable to identify the voter on the electors roll of voters.

3.9.12. Where a voter returns more than one set of ballot material, only one set of ballot material shall be admitted into the count. The returning officer shall decide which set of ballot material is to be rejected. Postal ballots shall be admitted into the count in preference to electronic ballots and if duplicate postal ballots are received, the last valid ballot shall be admitted into the count unless mitigating circumstances prevail at the discretion of the returning officer.

3.9.13. The returning officer shall note on the ballot material that it has been rejected and the reason for rejection and set it aside for separate custody.

3.9.14. After the close of voting, ballots shall be opened or disclosed for assessment at the direction of the returning officer in a manner in which the voter is not identifiable.

3.9.15. When the returning officer has determined which declaration envelopes are accepted for the count, the declaration section of each envelope is detached and removed so that the envelope can no longer be identified. Each envelope shall then be opened, and the ballot papers extracted to be counted.

3.9.16. In assessing the returned ballots, the returning officer or prescribed officer under instruction shall reject as informal a ballot paper that:

  • Does not bear the authenticating mark of the returning officer,
  • Has upon it any mark or writing by which the voter can be identified,
  • Is not marked substantially in accordance with the instructions included on the ballot paper,
  • The marking is such that the intention of the voter is not clear, and
  • Each box on the ballot has not been filled with a number in series from one.

3.9.17. Electronic ballots shall be managed in a similar manner to paper ballots, with the management and counting of ballots via a list generated automatically by the electronic voting system used.

3.9.18. A ballot paper shall be informal if marked other than in accordance with this policy.

3.9.19. Where, during the ballot, the returning officer is informed by a scrutineer that the scrutineer objects to a ballot paper being accepted or rejected, the returning officer shall decide whether the ballot paper is to be admitted or rejected and mark the decision on the ballot paper.

3.10. ELECTION

3.10.1. VFF elections shall be conducted using the standard preferential voting system, and in accordance with the constitution and guidelines and requirements set forth by the AEC. The preferential voting systems requires voters to indicate an order of preference among a list of candidates for that office. To be elected a candidate must be preferred by a majority of voters ahead of all unsuccessful candidates. It is mandatory for a voter to indicate preferences on the ballot.

3.10.2. To be eligible to be declared elected, a candidate must poll an absolute majority, (that is, at least 50% plus one), of all formal votes.

3.10.3. The voter shall vote by marking in the squares opposite the names of the candidates the numbers one, two, three etc. up to the number of candidates appearing on the ballot paper.

3.10.4. The returning officer shall determine the successful candidate as following:

  • If, after all first preference votes have been counted, no candidate has obtained an absolute majority of all formal votes, then the candidate with the fewest number of first preference votes is eliminated. That eliminated candidate’s second preference votes are then distributed to the remaining candidates.
  • If after that elimination no candidate has obtained an absolute majority of formal votes, the next remaining candidate with the fewest votes is eliminated and all of that candidate’s votes (i.e. first preference votes plus those votes received from the first excluded candidate) are distributed to the remaining candidates.
  • The above process is continued until one candidate obtains an absolute majority of formal votes and is elected.
  • If at any elimination, the next available preference is for a previously eliminated candidate, then that preference is disregarded, and the vote is distributed to the continuing candidate for whom the next available preference is shown.
  • If two (2) or more candidates each receive the same number of votes the Returning Officer shall decide by lot which candidate is to be elected.

3.10.5. The returning officer or prescribed officers under direction and supervision of the returning officer shall count the votes received by each candidate and direct preference votes as determined on the ballot.

3.10.6. Where a member holding any office is elected to an office the member cannot hold simultaneously with the office currently held, then the member is deemed to have relinquished the office already held.

3.10.7. Where a member nominates for more than one office which is incompatible and cannot be held simultaneously, the returning officer shall conduct the election for each office in order of the hierarchy indicated in this policy. If a member is elected to an office the member shall be eliminated from any subsequent office which is unable to be held simultaneously.

3.10.8. The counting of ballots for the subsequent offices shall not include the votes for that candidate with the affected ballots remaining valid.

3.11. SCRUTINEERS

3.11.1. Each candidate may appoint, in writing, one person as scrutineer to represent the candidate’s interests in the conduct of the ballot. A scrutineer shall not be a candidate for any position which is also included in a ballot in the election.

3.11.2. A scrutineer may observe the voting and counting process.

3.11.3. A scrutineer must adhere to the VFF’s code of conduct and internal policies and must not touch ballots or otherwise interfere in the election process.

3.11.4. Scrutineers shall be given access to relevant election materials and proceedings, subject to reasonable restrictions to maintain the integrity of the process.

3.11.5. A scrutineer may be present at any stage in the ballot. This includes:

  • Countersigning any seals or placing their own seal on any receptacle being used for the ballot, and/or
  • Bringing to the attention of the Returning Officer any alleged irregularity in:

i. The issue of ballot papers,

ii. The admission of envelopes to receipt or assessment,

iii. The formality or informality of ballot papers, and

iv. The assessment of ballots and counting of votes.

3.11.6. A scrutineer shall not: 

  • Interrupt the assessment of ballots without a lawful reason,
  • Disclose any knowledge acquired concerning the votes of any voter, vote or candidate,
  • Fail to carry out any lawful request by the returning officer,
  • Touch any ballot material, and
  • Act in a manner that will interfere with the proper conduct of the election.

3.11.7. Failure of a scrutineer to attend any scheduled event will not delay any step in the election.

3.12. RESULTS DECLARATION

3.12.1. The returning officer shall declare the result of the election within fourteen days of the closing day of the ballot by giving notice of the result in writing to the members of the organisation.

3.12.2. The returning officer shall, at the same time and in the same manner as the returning officer declares the result of the election, declare the following information in relation to the ballot:

  • The total number of persons on the roll of voters,
  • The total number of ballot papers issued,
  • The total number of envelopes containing ballots that were returned undelivered by the closing date of the ballot,
  • The total number of electronic and paper ballot papers received by the Returning Officer, and
  • The total number of ballot papers rejected as informal.

3.12.3. The returning officer shall certify the election results and retain the certified results for 12 months following the declaration of the election.

3.12.4. All ballots received by the returning officer during the election shall be retained for 30 days following the declaration of the election after which they shall be destroyed in a secure manner.

4. ACCOUNTABILITY

VFF CEO

5. RELATED POLICIES/PROCEDURES

Policy M1: Membership

Policy M2: Code of conduct