2024 District Council of Mount Remarkable supplementary elections - HIDDEN

 

Due to the resignations of two members of the council, supplementary elections will be necessary to fill the vacancies of Councillor for Willochra Ward and Councillor for Telowie Ward.

 

Draw for position on the ballot paper

The draw for positions on the ballot paper was conducted at 1pm on Thursday 25 January 2024, after the close of nominations at 12 noon.

The recording of the draw can be viewed by clicking the link below.

The results can also be found in the "List of candidates" section below.

 

Online candidate briefing session

The online candidate briefing session was held on 11 January 2024. Watch the recording. 

Nominations portal

The nominations portal is now open - all nominations are to be completed online through the nominations portal.


Candidate information

Online candidate briefing session

A briefing session for intending candidates was held online at 6 pm on Thursday 11 January 2024.

 

Acts and Regulations

The rules that govern council elections are set out in:

The Acts and Regulations should be read in conjunction with the Local Government Act 1999.

Candidate eligibility and ineligibility

You are eligible to be a candidate for election as a member of a council if you are:

  • an Australian citizen
  • at the time the electoral roll closes:
    • enrolled in the council area you are contesting, or
    • the nominee of a body corporate or a group that has its name on the voters roll for the council area
    • left off the voters roll for the council area in error.

You are not eligible to be a candidate for election as a member of a council if you are:

  • a member of an Australian Parliament; or
  • an undischarged bankrupt or receiving the benefit of a law for the relief of insolvent debtors; or
  • have been sentenced to imprisonment and are, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or
  • are an employee of the council; or
  • are disqualified from election by court order under the Local Government Act 1999.

You are not eligible to be a candidate for election as a member of a council if you:

  • in the case of a supplementary election - are a member of another council; or
  • in the case of any election - are a candidate for election as a member of another council
Candidate disclosure returns
CANDIDATE PORTAL ACCESS (link coming soon)

 A person who is a candidate for election to an office of a council must lodge the following returns with the Electoral Commissioner:

CAMPAIGN DONATIONS RETURN

Candidates must lodge a campaign donations return with the Electoral Commissioner.

Candidates must lodge 2 returns:

For a supplementary election:

  • the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
  • the second campaign donation return must be lodged within 30 days after the conclusion of the election.

The return must disclose:

  • the total amount or value of all gifts received during the disclosure period
  • the number of people who made those gifts
  • the amount or value of each gift
  • the date on which each gift was made
  • details of persons and organisations (donors) providing those gifts.

The campaign donations return need not set out any details in respect of:

  • a private gift made to the candidate
  • a gift with an amount or value less than $500
  • a gift already disclosed in a large gift return

If a candidate is not required to provide any details in a return, the campaign donations return must still be lodged and include a statement to the effect that no gifts of a kind required to be disclosed were received.

LARGE GIFTS RETURN

All candidates must lodge a large gifts return if they receive a gift or gifts from a donor in excess of $2,500.

The Acts prescribe different times that the large gifts return must be lodged, but during the election year, a large gift return must be lodged within 5 days of receipt of the large gift.

The return must disclose:

  • the amount or value of each gift received
  • details of persons and organisations (donors) providing those gifts
  • the date on which each gift was made.

Two or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period are to be treated as one gift.

A large gifts return need not set out any details in respect of a private gift made to the candidate. A gift to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to the election.

Large gifts returns should be lodged with ECSA at This email address is being protected from spambots. You need JavaScript enabled to view it..

Offences

See section 85 of the Local Government (Elections) Act 1999. It is an offence to fail to lodge a return within time, to lodge a return containing false or misleading information, or to supply information that is false or misleading to another person for a return. The maximum penalty is $10,000.

Public inspection of returns

The Electoral Commissioner is required to publish all returns within prescribed times on a website maintained by the returning officer. 

Records

See section 89 of the Local Government (Elections) Act 1999. A person must take reasonable steps to retain all records relevant to a return and keep these for at least 4 years after the date of which the relevant return is required to be lodged. The maximum penalty is $5,000.

FAQFrequently asked questions

ALL COUNCILS (other than the City of Adelaide)
What returns do I have to lodge?
  • 2 campaign donation returns – whenever a gift (or multiple gifts from the same donor) is received that totals $500 or more
  • Large gift return - whenever a gift (or multiple gifts from the same donor) is received that totals $2,501 or more.
Where do I lodge my returns?

Copies of the disclosure returns for lodgement by candidates are available in the candidate portal under disclosure returns. Each completed return can be lodged on the portal during the allotted time that they are due; these dates are shown in the portal. If you are unable to lodge these via the candidate portal, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..

Is there a difference between 'gift' or 'donation?'

The Act refers to a ‘gift’, but it effectively means the same as a ‘donation’.

A gift is defined in the Local Government (Elections) Act 1999 (LGEA) as:

  • a disposition of property
  • made by a person to another person (otherwise than by will)
  • without consideration in money or money’s worth or with inadequate consideration; and
  • includes the provision of a service (other than volunteer labour) for no consideration or inadequate consideration.

By way of example, if a person gives money to a candidate (without getting anything in return), donates goods or services, or supplies a good or service to a candidate for less than the market or commercial rate, this may constitute a gift.

What is a 'disposition of property?'

A ‘disposition of property’ means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes:

  • the allotment of shares in a company; and
  • the creation of a trust in property; and
  • the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and
  • the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and
  • the exercise by a person of a general power of appointment of property in favour of another person; and
  • a transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person.
What do I have to disclose in a campaign donation return?

The form of return will be provided in the candidate portal with fillable fields to complete, including:

  • the total amount or value of all gifts with an amount or value of $500 or more received by the candidate during the disclosure period
  • the number of persons who made the gifts
  • the amount or value of each gift
  • the date on which gift was made
  • the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).
What do I have to disclose in a large gift return?

The form of return will be provided in the candidate portal with fillable fields to complete, including:

  • the amount or value of each gift
  • the date on which the gift was made
  • the name and address of the person making the gift (or if a trust or incorporated association – the name of the association and the name and addresses of the executive committee of the association and the name and address of the trustees and title and description of the trust).
When do I have to lodge these returns?

Candidates must lodge a campaign donations return with the Electoral Commissioner.

Candidates must lodge 2 returns:

For a supplementary election:

  • the first campaign donation return must be lodged with the returning officer in the period between 8 to 14 days after the close of nominations
  • the second campaign donation return must be lodged within 30 days after the conclusion of the election.
Who is a candidate?

A person is a candidate if they have announced their candidacy for an election, if they have nominated as a candidate for an election, or if they are already a member of council standing for election again.

What is a 'new candidate?'

A person is defined as a ‘new candidate’, in relation to an election, if the person had not been a candidate in the last general election of a council and had not been a candidate at a supplementary election held after the last general election of a council.

Do I have to report the same campaign donation (i.e. gift) more than once?

No. Although the disclosure period (reporting period) for the second campaign donation return is the same as for the first campaign donation return, gifts already reported in the first campaign donation return do not need to be disclosed again.

What if I receive 2 or more gifts from the same donor?

There is a requirement to treat 2 or more gifts during the disclosure period as 1 gift, and once the total reaches $500 (for a campaign donation) or $2,501 (for a large gift), that ‘gift’ will be disclosed in the relevant campaign donation return or large gift return.

What if I do not receive any donations or any donations over $500? Do I still need to lodge both campaign donation returns?

Yes. You should lodge a NIL return for both.

What if I have already reported a gift received in a large gift return? Do I have to report it again in a campaign donation return?

No. You do not need to report a large gift in a later campaign donations return, if it has already been disclosed.

How do I know if something I give to a candidate needs to be disclosed?

If it is a private gift, it does not need to be disclosed. A gift is a private gift if it is made to a candidate in a private capacity for their personal use and the candidate has not used and will not use the gift solely or substantially for a purpose related to the election.

Do I have to disclose the use of volunteers as a gift?

No. Whilst the definition of a gift includes the provision of a service, volunteer labour is excluded.

Are there any other restrictions on the provision of a gift to a candidate?

Gifts to candidates are permissible, as long as they are appropriately disclosed (where required) by the candidate. Although the provision of a gift is not an illegal practice, candidates and others are subject to the requirements of s57 of the LGEA which provides that a person who offers or gives a bribe with a view to inducing a person to submit or withdraw candidature, influence votes or otherwise interfere with the election if guilty of an offence.

A bribe includes any pecuniary sum or material advantage including food, drink or entertainment where the value is equal to or more than $20.

It should be noted that it is unlawful to receive a gift of $500 or more unless the required details (name, address, etc) to identify the donor are obtained by the candidate. Records should be kept by the candidate.

What if I do not receive any donations over $2,500? Do I still need to lodge a NIL large gift return?

No. You do not need to lodge a large gift return unless you receive a gift (or gifts from the same donor) over $2,500.

Where do I find further information?

Information is current as of 13 January 2023.

Disclaimer: The information provided in this FAQ guide is general in nature. Candidates and others should refer to the specific wording of the Act and Regulations and seek independent legal or other advice on any issues of interpretation that may arise.

Candidate responsibilities

As a candidate, you have a range of important responsibilities and obligations under the law. These include making sure all electoral material you publish contains the proper authorisation statement, and that the material is not inaccurate and misleading.

View the electoral advertising page for more information.

All candidates, whether successful or not, must lodge disclosure returns.

Electoral advertising

There are restrictions placed on advertising during, and outside of, an election period. These are contained within Part 7 of the Local Government (Elections) Act 1999. The Electoral Commission SA is unable to provide advice on the interpretation of these provisions. Therefore, if you are in doubt about the interpretation, we recommend you seek independent legal advice.

Learn more on our electoral advertising page.

Forms and handbooks
Nominating as a candidate

Nominations open on Thursday 11 January 2024 and close at 12 noon Thursday 25 January 2024.

Nominations are to be completed online through the nominations portal.

Candidates must submit a profile of not more than 1000 characters with their nomination and may also provide a photograph, predominantly head and shoulders, taken within the previous 12 months.

Find out more about what it's like to be a member of council.

Responsibilities as a member of a council

Councils are responsible for many of the services that make South Australia such a great place to live and work, including libraries, playgrounds, sporting facilities and rubbish and recycling.

Becoming a councillor or mayor means you will help shape a wide range of policies and decisions that will impact the short and long-term future of your local community.

More information can be found on the council elections website.


Enrolment

The electoral roll for the supplementary elections closed at 5 pm on Wednesday 20 December 2023.

If you are correctly enrolled for state elections in South Australia, you are automatically included on the council voters roll and will receive ballot papers through the post.

If you need to check or update your enrolment for future elections, you can choose one of the following options:

Council supplementary roll

If you are not enrolled on the state electoral roll you may be eligible to register on the council supplementary roll if you are:

  • a resident or a non-Australian citizen who has lived at your residential address for one month or more
  • an owner of an organisation or business
  • an owner of a holiday home
  • a sole owner, or group of owners, of a rateable property
  • a sole occupier, or group of occupiers, of a rateable property
  • a landlord of rateable property.

In accordance with section 15(5a) of the Local Government (Elections) Act 1999, council must purge the council's supplementary roll on 1 January of every election year. Therefore, all landlords, organisations, business owners or occupiers, and resident non-Australian citizens, must re-enrol from January 1 of every election year to be eligible to vote, with the exception of the City of Adelaide.

If you are unsure whether you are enrolled on the council supplementary roll, contact your local council.

List of candidates

In accordance with the Local Government (Elections) Act 1999 (section 25), the following nominations were declared elected to their respective councillor offices:

District Council of Mount Remarkable – Telowie Ward

EVANS, Jane (photo and profile coming soon)


District Council of Mount Remarkable – Willochra Ward

SCHULTZ, Roger (photo and profile coming soon)

 

Timetable
Event Legislation* Date

Close of rolls

 s 6(7)(a), s 15(9)(b)

5 pm, Wednesday 20 December 2023

Nominations open

 s 19(4)

Thursday 11 January 2024
Online candidate briefing session   6 pm, Thursday 11 January 2024 

Nominations close

 s 23(b)

12 noon, Thursday 25 January 2024

Draw for positions on the ballot paper

 s 29(3)(b)

as soon as practicable after 12 noon, Thursday 25 January 2024
First campaign donation return due s 80(3)(a)(ii) Thursday 1 February 2024 to Thursday 8 February 2024

Mailout of materials

 s 39(1)

Wednesday 14 February 2024 to Tuesday 20 February 2024

Last day for re-issue of voting materials

 s 39(4), s 43(4)

5 pm, Tuesday 5 March 2024

Close of voting (polling day)

 s 6(6), s 6(7)(b)

12 noon, Tuesday 12 March 2024

Scrutiny and count

 s 47(1)(a)

Wednesday 13 March 2024
Second campaign donation return due s 80(3)(b)

Within 30 days of the 'conclusion of the election'

* Local Government (Elections) Act 1999

Local First Nations Voice regions

From March 2024, South Australia’s Aboriginal and Torres Strait Islander communities will be represented by six Local First Nations Voices and one State First Nations Voice. Each Local Voice will represent a different region of the state. The six regions were prescribed by regulation in May 2023, and are as follows:

  • Region 1 – Kumangka Warrarna Wangkanthi (Central)
  • Region 2 – Far North
  • Region 3 – Flinders and Upper North
  • Region 4 – Murraylands, Riverland and South East (Riverland and South East)
  • Region 5 – West and West Coast
  • Region 6 – Yorke and Mid-North

Note that the names of the regions may change in future, after consultation with the relevant Local First Nations Voice.

To download a detailed PDF map of each Voice region, as well as boundary data for use in geographic information systems, click on the links below:

 

Check the Regions via our interactive map

 

Check my enrolment online via the ECSA website

Council elections - Media statement - 7 December 2023

7 December 2023

MEDIA STATEMENT FROM THE ELECTORAL COMMISSION OF SA (ECSA)

In preparation for the Court of Disputed Returns case involving an unsuccessful candidate in the City of Adelaide Central Ward Election, the Electoral Commission of SA (ECSA) has reviewed results for the 2022 Local Council Elections and identified an error in the computer software which it uses for counting votes in complex elections.

This issue has regrettably changed the outcome of the election in Adelaide Plains Council area with two candidates incorrectly declared as elected members. 

The Electoral Commissioner has advised Adelaide Plains Council, the affected candidates and council members and is working closely with them to resolve this issue as a matter of urgency.

The Electoral Commissioner is considering seeking leave to file a petition with the Court of Disputed Returns to correct the results of the election as soon as possible to ensure that the results reflect the will of the voters.

For Local Council Elections with a large number of candidates and multiple vacancies, ECSA uses computer software to support the complex count process. This software was used to conduct counts in 25 of the 184 Local Council Elections held in November 2022.

In this case, human error was detected in the settings which has resulted in the incorrect number of ballot papers being distributed from elected candidates for Adelaide Plains Council.

ECSA has reviewed the results of the 25 elections. For 24 of these elections, there was no change in the members elected when the votes were counted again.

ECSA is committed to delivering all elections with the highest possible quality control measures in place and is currently reviewing its internal processes and procedures to ensure errors of this nature do not occur again.

21 May 2024 – Update

Further to the information above, the Electoral Commissioner has sought leave for an extension of time to be granted to allow a petition to be lodged with the Court of Disputed Returns.

 

Media contact:

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Phone: 0401 149 166

Bragg By-election results - final distribution

 

Final distribution of preferences (PDF, 115KB)
  Absolute Majority (50% + 1) = 10,967   CANDIDATES
Names of candidates (with affiliations), in ballot paper order		 TOTAL
FORMAL
VOTES

AITCHISON

IND

ROLLS

ALP

BATTY

LIB

BASTIRAS

GRN

McCANN

FFP

HOL

LDP
1st preference votes 175 6,574 11,070 3,261 505 347 21,932
1st excluded candidate AITCHISON 175 -175 +43 +17 +16 +56 +43  
Progressive total   Excluded 6,617 11,087 3,277 561 390 21,932
2nd excluded candidate HOL 390   +42 +98 +34 +216 -390  
Progressive total      6,659 11,185 3,311 777 Excluded 21,932
3rd excluded candidate McCANN 777    +164 +431 +182 -777     
Progressive total      6,823 11,616 3,493 Excluded    21,932
4th excluded candidate BASTIRAS 3,493    +2,905 +588 -3,493        
FINAL DISTRICT TOTALS    9,728 12,204 Excluded       21,932
FINAL %   44.4% 55.6%        
ELECTION RESULT     ELECTED        

Count conducted on 10 July 2022

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