Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 4.73

4.73 .         Procedure when person is candidate in 2 elections

        (1)         If the election is to fill the office of mayor or president and any candidate is also a candidate in an election to fill an office or offices of councillor on the council held on the same election day, the result of the election for mayor or president is to be ascertained before the result of the other election is ascertained.

        (2)         If the election is to fill an office or offices of councillor and any candidate has been elected to fill the office of mayor or president on the council at an election held on the same election day, that candidate cannot be elected to an office of councillor.

        (3)         When subsection (2) applies, if the number of other candidates is equal to the number of offices to be filled at the election —

            (a)         the other candidate or candidates is or are elected unopposed; and

            (b)         the votes are to be counted —

                  (i)         only if 2 or more of the councillors elected at that election will retire on different days; and

                  (ii)         only for the purpose of applying the provisions of Schedule 4.2 about the order of retirement of councillors.

        (4)         When subsection (2) applies, if the number of other candidates is greater than the number of offices to be filled at the election, the counting of votes is to proceed.

        (5)         When votes are counted under subsection (3)(b) or (4) —

            (a)         if a ballot paper contains a first-preference vote for the candidate who has been elected to the office of mayor or president —

                  (i)         the first-preference vote must be disregarded; and

                  (ii)         the ballot paper must be treated as if any numeral indicating a preference for another candidate had been altered accordingly;

                and

            (b)         if a ballot paper contains a preference vote for the candidate who has been elected mayor or president —

                  (i)         the preference vote must be disregarded; and

                  (ii)         the ballot paper must be treated as if any numeral indicating a subsequent preference for another candidate had been altered accordingly.

        (6)         In subsection (5) —

        first-preference vote has the meaning given in Schedule 4.1 clause 1;

        preference vote has the meaning given in Schedule 4.1 clause 1.

        [Section 4.73 amended: No. 64 of 1998 s. 26; No. 11 of 2023 s. 48.]



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