What is a postal ballot or an electronic ballot?
A postal ballot or an electronic ballot may be a convenient method for voting on a resolution, where members are geographically dispersed or have difficulty attending a meeting.
Refer to Schedule 2 of the Associations Incorporation Regulation 2022 (the Regulation) for information on how to run a postal or electronic ballot.
What types of resolution can a postal or electronic ballot determine?
An association’s constitution must set out the kinds of resolutions that may be voted on by means of a postal ballot or an electronic ballot.
If an association adopts the Model Constitution, a postal ballot 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.
What is the role of the committee?
The committee must:
- appoint a returning officer
- set out the details of the matter to be determined in a statement, including if it is a special resolution
- set a closing date for the ballot.
Who can be the returning officer and what do they do?
The returning officer conducts the ballot on behalf of the association.
The returning officer:
- may be a member of the association
- may be a non-member of the association
- must not be a committee member.
The returning officer may appoint a person who is eligible to be a returning officer to assist with the ballot.
What is the role of the returning officer in postal voting?
The returning officer must prepare a roll of the full names and addresses of the members of the association who are entitled to vote.
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 date fixed for the closing date:
- a copy of the statement prepared by the committee to each member setting out details of the matter/s to be determined by a ballot. If the matter to be determined includes a special resolution, members must be informed of the intention to propose the resolution as a special resolution and the resolution to be voted on is to be set out in full.
- a ballot paper that contains:
- instructions for completing the ballot paper,
- the question to be determined, and
- a space for the member to record the member’s vote
- a notice that contains:
- the closing date of the ballot, and
- the address where the ballot paper is to be returned,
- a returning envelope that is addressed to the returning officer and contains the member’s name and address on the reverse side, and
- if the ballot is a secret ballot, an envelope marked ‘Ballot Paper’.
The returning officer on receiving a returning envelope must:
- compare the information on each returning envelope with the information on the voting roll to confirm that the vote was cast by a member entitled to vote
- ensure the ballot papers are kept safe until the counting of the votes begins.
How do members vote in a postal ballot?
Once members have received information about the ballot, they vote by marking the ballot paper in accordance with the instructions given.
The member must, after completing the ballot paper:
- enclose and seal in the returning envelope
- the ballot paper, or
- for a secret ballot - the sealed envelope marked 'Ballot Paper' in which the ballot paper is enclosed, and
- post or give the envelope to the returning officer so that it is received by the returning officer before the close of the ballot.
What is the role of the returning officer in electronic voting?
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 entitled to vote.
The returning officer must ensure the following is given at least 14 days (or 21 days in the case of a special resolution) before the date fixed for the closing date:
- access to an electronic ballot paper or to a voting website or electronic application containing an electronic ballot paper that contains:
- instructions for completing the ballot paper, and
- the question to be determined, and
- the means by which the member is to record the member’s vote
- access to the following information:
- the closing date of the ballot, and
- if voting is by email, the email address to which the ballot paper must be sent
- if voting is by other electronic means, instructions for accessing the electronic voting system and returning the ballot paper
- if the ballot is a secret ballot, the returning officer must ensure the identity of the member cannot be ascertained from the ballot paper
- the returning officer must ensure that each electronic ballot paper is kept securely stored until the votes are counted.
How do members vote in an electronic ballot?
Members entitled to vote must vote in accordance with the instructions provided.
Members must return the ballot paper so it is received by the returning officer before the closing date of the ballot.
How are the votes counted?
As soon as practicable after the close of a ballot conducted by postal or electronic voting, the returning officer must:
- for a secret ballot conducted by postal voting - open the envelopes marked “Ballot Paper” and remove the ballot papers, and
- reject all informal ballot papers, and
- ascertain the result of the ballot by -
- for a postal ballot - counting the votes that are not rejected, or
- for an electronic ballot - reviewing the information and reports about the ballot.
The returning officer must prepare and sign a statement of the result of the ballot and give a copy of the statement to the secretary of the association.
The Secretary must record the result of the ballot in the association's minutes and, in the case of a special resolution must notify members of the result, in writing, as soon as practicable.
The member presiding at the next general meeting of the association must announce the result of the ballot at the meeting.
When will a ballot paper or electronic vote be rejected as informal?
A ballot paper completed by postal or electronic voting is informal if the member has failed to record a vote in accordance with the instructions given by the returning officer.
However, a ballot paper completed by postal voting is not informal merely because it contains an unnecessary mark, if in the opinion of the returning officer the voter’s intention is clearly indicated.
If voting is carried out by 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 a person attempting to cast an informal vote that the vote is informal.
What happens to the returned ballot papers?
The returning officer must retain the voting rolls, ballot papers, including rejected ballot papers from a postal ballot and all records, whether formal or informal, relating to an electronic ballot.
The returning officer must retain the documents in secure storage for a minimum period of 8 weeks after the closing date of the ballot. The committee may direct a longer period.
When will a resolution pass?
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.
Need more information?
Contact:
Registry and Accreditation
FreeCall: 1800 502 042
PO Box 22
Bathurst NSW 2795