If the constitution permits, a postal ballot or electronic ballot is a convenient method for voting on a resolution, where members are geographically dispersed or have difficulty attending a meeting.
Refer to Schedule 3 of the Associations Incorporation Regulation 2016 (the Regulation) for information on how to run a postal or electronic ballot.
A postal or electronic ballot can determine a resolution, permitted by the constitution.
If an association adopts the Model constitution, a postal or electronic ballot can be used to determine any resolution, other than an appeal by a disciplined member.
For more information, visit the Resolutions page on the Fair Trading website.
The committee must:
The returning officer:
The returning officer conducts the ballot on behalf of the association.
The returning officer may appoint a person who is eligible to be a returning officer to assist with the ballot.
The returning officer must prepare a roll of the full names and addresses of the members of the association who are eligible to vote and ballot papers that contain:
The returning officer must ensure the following documents are sent to members at least 14 days (or 21 days for a special resolution) before the closing date:
The returning officer must also:
Once members have received information about the ballot, they follow these steps:
If the ballot is not a secret ballot, the member should:
If the ballot is a secret ballot, the member should:
Electronic voting can be by email, accessing a voting website or other electronic means determined by the committee.
The returning officer must prepare a roll of the full names and addresses of the members of the association who are eligible to vote and ensure that the form for the electronic ballot paper contains:
The returning officer must ensure that at least 14 days (or 21 days in the case of a special resolution) before the date fixed for the closing of the ballot, each person entitled to vote is given:
Members entitled to vote must follow the instructions provided. These instructions will vary depending on whether the voting is by accessing an electronic ballot paper or a voting website.
An electronic ballot paper must be sent to the returning officer no later than the close of the ballot.
After the closing date of a postal ballot, the returning officer will:
After the closing date of an electronic ballot, the returning officer will:
The returning officer will prepare a signed statement setting out the result of the ballot.
The committee must record the result of the ballot in the minutes.
The committee chairperson will announce the result at the next general meeting.
In the case of a special resolution, the association must notify members of the result, in writing, as soon as practicable.
A ballot paper will be rejected as informal if a voter has failed to record a vote in accordance with the information or instructions provided.
However, if in the opinion of the returning officer the
voter’s intention is clearly indicated on the ballot paper, it may not be declared as informal.
If voting is carried out by electronic voting using a voting website or other electronic application (but not if voting is by email), the website or application is to provide a warning message to the voter that the proposed vote is informal.
The returning officer must retain the roll, ballot papers and rejected returning envelopes relating to postal voting and all records relating to electronic voting once counting has finished.
The returning officer must retain the documents in secure storage for a minimum period of 8 weeks. The committee may direct a longer period.
An ordinary resolution requires a simple majority of formal votes (ie. 50% plus 1).
A special resolution requires at least three-quarters of the valid votes cast.
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