Frequently asked questions School board of trustee triennial elections FAQs MY ROLE 1. What happens if I become sick or injured? If you can’t continue your work as a returning officer, advise the board chair as soon as possible, or have somebody do it for you. If you were appointed by the board of trustees, it will have to appoint a replacement. To be read in conjunction with the Returning Officers’ Handbook 2016-2019. These FAQs have been put together to support the information that can be found in the Returning Officers’ Handbook and outline some of the key questions that are common to many returning officers. OR •you can display notices in prominent places around the school - if you are satisfied this will adequately inform electors about the call for nominations. 5. What do I have to put in the notice calling for nominations? The notice calling for nominations must: THE ROLL •invite nominations for election 2. How do I compile the roll at an intermediate school? •state precisely how many trustees are to be elected, and for what term (if applicable) The roll is compiled as normal for students in years 7 and 8. Also, parents of students enrolled in year 6 at contributing schools are eligible to vote in the parent election at the stand alone intermediate school in which their child is likely to be enrolled as a full-time student in the year after the election. We recommend you contact the returning officers at your contributing schools as early as possible. Remind them they must arrange for you to be given the names and addresses of all voters with at least one child in year 6 who is likely to attend your school in the following year. For more information please see Returning Officers’ Handbook under Eligibility Criteria. • give the closing date and time for nominations to be received • state that the roll is open for inspection and where to inspect it • give the election date and the time the poll closes •when the notice is posted or delivered have attached a nomination paper •when the notice is published or displayed, say how to get nomination forms. 6. What if fewer nominations are received than vacancies on the board? (for example, three or four nominations for five vacancies, or fewer than three nominations) 3. I am the returning officer at a contributing school. Do I have to provide information to the intermediate school? If you have three nominations a board can be formed, even if you have advertised for more than three positions. It is then up to the incoming board to decide how it will fill the vacancies. No voting will need to occur. You must provide the names and addresses of voters with students in year 6, who are likely to be enrolled at the intermediate school in the year after the election is held, to the returning officer at the intermediate school. If the nominations are equal to or fewer than the number of vacancies, no voting needs to take place and all candidates are declared elected. NOMINATIONS 4. How do I call for nominations? Parent representative For the parent representative election: •you must either post a notice or personally deliver a notice (unless rules have been introduced to permit email) to each person named on the election roll AND include a nomination form •“post or personally deliver” does not include sending notices home by “schoolbag post” •you must publish the same information in a newspaper circulating in the school’s area •the notice should also advise that a candidate can provide a supporting statement. (We recommend up to 400 words) Staff and student representative If it becomes obvious before nominations close that you are unlikely to receive sufficient nominations, advise the board chair. 7. What if a candidate withdraws their nomination? A candidate may withdraw from the election at any time. The withdrawal must be in writing. Until you receive written notice the candidate is still in the election. How to treat a withdrawal: •Before nominations close - promptly advise the board chair as it may affect how the election is promoted •After nominations close, but before voting papers are distributed - do not include that person’s name on the voting paper •After voting papers have been distributed but before you have received them back - take all reasonable steps to ensure voters are notified and urged not to vote for the withdrawn candidate. Consider posting notices prominently at the school. For the staff and student representative elections: If the withdrawn candidate would have been elected – this means a casual vacancy occurs the day voting closed. •you must post through an accredited postal service or personally deliver a notice (unless rules have been introduced to permit email) to each person named on the appropriate roll for each election This is important for the board as it then has a time line to follow to fill that vacancy. You cannot declare the highest polling unsuccessful candidate to be elected. The voters are entitled to decide in a separate process who will fill the vacancy caused by the withdrawal. If the withdrawn candidate would not have been elected then no action is needed. NZSTA ELECTION ADVICE LINE 0800 ELECTION(0800 353 284) www.trustee-election.co.nz [email protected] If the withdrawal means that a voting election is no longer needed you must inform all voters. 8. How do I confirm candidate and voter eligibility? Candidates You do not need to do any in-depth investigation into a person’s eligibility to stand as a candidate when you receive their nomination. The candidates themselves decide whether they are eligible to stand. When they sign the nomination form they are making a statutory declaration and if this is proved to be incorrect they can be charged with the offence of making a false declaration. Voters Parents, legal guardians and caregivers of children enrolled at the school on the day the roll or the supplementary roll closes are entitled to vote. The most common questions deal with split and blended families, where one or both parents have new partners and there may or may not be shared custody. Those eligible to vote in relation to any one student or group of siblings are: •natural parents - mother and father • legal guardians •and in some cases a caregiver who is a member of the household, who is over 20 years of age and who gives more care to the child(ren) than any other person does. A student is regarded as having no immediate caregiver if he/she: • usually lives in a household that includes both parents; • or spends approximately equal time in two or more households; or • does not usually live in a household (for instance lives in a hostel). 9. What if no nominations are received for the staff representative position? Check that staff members have been clearly advised on the nomination process and deadlines. If no nominations are received a casual vacancy occurs. After that date it is an issue for the board. Encourage the board to contact NZSTA via the number or email address above. 12. A child is enrolled at the school after the supplementary roll has closed. Are parents of that child eligible to vote? No, the parents are not entitled to vote. IMPORTANT: The supplementary roll closes at noon 16 days before Election Day. Once closed, no further names can be added to the roll. 13. Who can view the rolls? The names but not the addresses of people on the roll can be viewed by anyone at any reasonable time at the school before Election Day. Although it is not officially defined, ‘reasonable time’ could be during school opening hours. Make sure the principal and office staff, in particular, are aware of this. NOTE: The same conditions apply to viewing names of people who have been nominated in the election. THE VOTE 14. Who pays for the postage on the return envelope? The voter. Not everyone will vote and others will hand deliver their voting papers so you don’t need the unwarranted expense of paying for return postage. The regulations governing these elections do not stipulate that postage must be put on the return envelopes. If you decide to use a freepost system, ensure you have a written agreement with the postal company about how often they will send mail to you. There was a case where a board election was invalidated because votes that were returned through a freepost system were not forwarded until after the poll closed. NOTE: If envelopes are returned with incorrect postage, accept the envelope and pay any additional costs. Charge as an election budget expense. 15. Why is the envelope containing the voting paper so important? It is important to maintain the voting process integrity. To do this: • put voting papers in sealed envelopes before posting • each voting paper must be in it’s own separate envelope • examine postmarks on the envelope THE ROLL 10. What if the school records do not contain the names of both parents? You must make a reasonable effort to ensure that all eligible voters are on the roll. You could approach the parent whose name is in the school records and see if they have a postal address for the other parent. Explain you are asking because the other parent has the right to vote and stand as a candidate. You take the answer that is given and do not have to pursue the matter any further. If the response is abusive, close the conversation and walk away. 11. If a child leaves the school after the roll has closed, do the parents get a vote? Yes, they do. The people entitled to vote are those whose names are on the roll the day it closes. It does not matter that the child leaves the school in the few days between the roll closing and polling day. •before opening any envelope containing a voting paper, you (and any scrutineers present) check to ensure it was postmarked no later than noon on voting day. Any voting paper in an envelope postmarked later than that is invalid. 16. How many votes may parents cast? Each parent is entitled to receive one voting paper regardless of the number of children they have attending the school. For further information call the NZSTA phone number, or go to the website or email address above. 17. Do parents of foreign-fee-paying students get a vote? Yes. As long as their child is enrolled full-time at the school on the day the roll, or supplementary roll, closes. You cannot accept faxed or emailed voting papers, as they are neither secure nor confidential. FAQs NZSTA ELECTION ADVICE LINE 0800 ELECTION(0800 353 284) www.trustee-election.co.nz [email protected] Count the vote if the envelope is postmarked before noon on Election Day, and you receive it no later than five days after Election Day. •Choose a place that offers peace and quiet and minimum distractions. If there are a large number of votes cast, it may be best to book a place such as the school hall for a whole day. COUNTING THE VOTE Who can be present while I count? 18. What are the duties of a scrutineer? •While counting votes, any scrutineers should be present, but don’t wait for them if they don’t turn up at the agreed time and place. Any candidate may appoint some other person to act as a scrutineer. The returning officer does not appoint scrutineers. The board does not appoint scrutineers. A candidate who wants to have a scrutineer at the vote count must advise you, in writing, before Election Day. A scrutineer is entitled to be present and observe you as you perform your role of examining and opening envelopes, examining voting papers and counting the votes. If there is a tie involving a candidate represented by a scrutineer, the scrutineer is entitled to be present while you break the tie by lot. Remember that scrutineers only observe the process. They do not participate, comment, or criticise. 19. Where two or more candidates receive the same number of valid votes, how do I decide which of them has been elected? You only need to address this if there is one place left to be filled and two or more candidates have the same number of votes. If there are five vacancies and the tie is for first place, don’t do anything - just publish the results. If there are five vacancies and there are four candidates clearly elected, but the next two are tied, then you have to decide which one is elected and which one is not. A tied vote result is decided by lot. You can choose any of the standard methods such as tossing a coin, drawing straws or cutting a pack of cards. Do this in the presence of the affected candidates’ scrutineers (if any) and two current board members. If two members of the board are not available within a reasonable time you can ask two staff members to assume the responsibility. NOTE: The principal and staff representative are board members. 20. Counting votes: When can I start? •Before you start counting set up a simple system to count and record votes. •If you have an assistant, remember they are there only to help, any and all decisions regarding the election process, such as classifying votes valid or invalid, must be made by you. •Only people you’ve authorised are to be present during counting. Keep disruptions to a minimum. Do I need someone to check my vote counting? •It is not a requirement to have someone check your counting. The decision rests solely with you as the returning officer. AFTER THE VOTE 21. How are the election results announced? Advise the board chair of the results. You must follow this up in writing to the board. Arrange with the board chair at an early stage of the elections who will advise (by telephone if possible) the candidates of the results. The board chair should contact the successful candidates and you could contact the unsuccessful ones. We recommend the unsuccessful candidates are contacted first before the newly elected trustees. Promptly publicise the result by displaying a notice or notices at the school. Give the principal a copy of that notice. Immediately after that, publish the result in a newspaper that circulates in the school’s area. Use the format set out in the Returning Officers’ Handbook 2016-2019, and include all individual totals for all candidates. Publish the result in the next school newsletter. Make sure you complete the relevant appendices online. This is an important component of the final step in the process. Submitting the appendices prompts the Ministry of Education to pay the final 30% of the election funding for those boards whose election went to a vote. 22. What do I send to the District Court? •You must not start counting the votes until the sixth day after the poll has closed. Until the election result is announced you must keep all voting papers in your custody. Where can I count? As soon as possible after declaring the result you must seal up the voting papers including invalid votes and a copy of the school roll, tie the parcel with string, clearly label with your school’s name and give to the nearest district court registrar. •You can count the votes wherever you choose but it must be in a place accessible to any appointed scrutineers.
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