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Legislation of the Anglican Church in Victoria

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ELECTION REGULATIONS ACT 1998 (BALLARAT DIOCESE)

No. 7
ELECTION REGULATIONS ACT 1988

SYNOD ELECTIONS

1. Where it has been or shall be determined by any Act or Resolution of this Synod that an election of any person or persons to any position shall be made by the Synod the election shall be conducted as hereinafter provided.

2. The President in his mandate convening the Synod or otherwise shall name any day of the Session for the election and shall name the hours within which such election shall take place not being less than one hour and the election shall take place on that day within the hours so fixed by the President.

3. Any two members of the Synod may unite in nominating in writing persons duly qualified for election provided that every person nominated shall signify in writing either under his hand or under that of one of his nominators duly authorised in that behalf to the Registrar his assent thereto and without such nomination and assent no person shall be eligible for election.

4. Every nomination so made and assented to shall save as hereinafter provided be delivered to the Registrar at least five clear days before the day named in the Mandate of the President for the assembling of the Synod.

5. The Registrar shall forthwith cause to be prepared lists of all persons so nominated and the offices to which they are nominated and shall cause such lists to be printed and to be available for each member of the Synod provided that it shall be competent to the Synod by resolution upon the first day of Session to extend the time for delivery of such nominations to the Registrar to a time not being later than six o’clock in the afternoon of the day before the day fixed by the President for such elections and nominations made before that time shall be sufficient notwithstanding that the provisions of Section 4 have not been complied with.

6. Every nomination after being received by the Registrar shall be exhibited conspicuously in the Synod Hall on each day of the assembling of the Synod after such receipt and shall continue to be so exhibited until the time of the closing of the election.

7. If any person nominated shall express in writing to the Registrar of the Diocese not later than eight o’clock in the evening of the day before the first day of Synod his unwillingness to stand for Election his name shall be erased from the lists and his nomination cancelled in writing by the Registrar.

8. If the number of persons nominated for election be not more than the number of persons to be elected the persons nominated shall be declared duly elected and any vacancy or vacancies still existing shall be filled up by the Bishop-in-Council.


9. If the number of persons nominated for election exceed the number of persons to be elected the Registrar shall cause voting papers to be prepared in the form or to the effect in Schedule A. The names of the persons nominated shall be listed on the voting paper in order decided by lot drawn by the Registrar.

10. The Voter shall indicate the candidate or candidates for whom he decides to vote by making a cross in the square opposite the name of each candidate for whom he votes.

11. The voter shall vote for the full number of candidates to be elected.

12. In case and as often as upon any scrutiny any doubt shall arise owing to two or more candidates having an equality of votes it shall be determined by lot on whom the election shall fall providing that nothing herein contained shall affect the provisions of any Act whereby a casting vote is given to any person.

13. On the day fixed for the election every member of the Synod shall be entitled to receive from the Registrar or some person appointed by him to act as his deputy voting papers for the several elections and it shall be the duty of the said Registrar or his deputy before giving any voting paper to any member of the Synod to initial the said voting paper and to keep a record of the name of every person to whom a voting paper has been issued and such person shall thereby be deemed to have voted and shall not be entitled to receive any other voting paper unless the voting paper already issued shall be returned to the said Registrar or his deputy in an unusable condition in which case the Registrar or his deputy shall destroy the paper first issued and give a similar one in its stead.

14. Two scrutineers may be appointed by vote of the Synod previous to any election being held on motion without notice or failing such appointments two scrutineers being members of the Synod may be appointed by the Registrar whose duty it shall be to take and count the votes at the said election.

15. On the day and within the hours fixed for the election the voting papers shall be deposited in a ballot-box or ballot-boxes to be provided by the Registrar or his deputy in such place as he may appoint and as soon as convenient after the close of the poll the scrutineers shall proceed to record the votes and report in writing to the President the result of the election and the President shall forthwith announce it to the Synod and shall declare the persons having the highest number of votes elected. Provided always that if the Session shall have closed before the scrutineers shall have ascertained the result then in that case the scrutineers shall report the result to the Bishop who shall thereupon notify to the Registrar that the persons having the highest number of votes are elected and the Registrar shall thereupon notify in writing such election to the persons elected.

16. Any voting paper not initialled by the Registrar or his deputy or not filled up in accordance with the provisions of this Act shall be deemed to be invalid and shall be void and of no effect.

17. All questions effecting the validity of any election held under this Act will be referred by the President to the committee appointed by the President according to the provisions of Section 26 of the Synod Act.

18. Where it has been or shall hereafter be enacted that a certain number of persons shall be elected to any office or offices and that other persons shall at the same time be elected and placed on a supplemental list in order that from such list vacancies amongst the members primarily elected may be filled the election shall proceed in manner aforesaid no distinction being made in recording votes for the persons to be primarily elected and those to be placed on the supplemental list and the required number of persons whom the scrutineers report to be entitled to election shall be declared duly elected to the said office or offices and the required number of persons whom the scrutineers report to be next in order entitled to election shall be placed in that order on the supplemental list.

19. When any Act or resolution of this Synod directs that any election shall be held by this Synod if such election be not duly held the persons (if any) who immediately previous to the time for holding such election held such office shall continue to hold the same until their successors have been duly appointed.

20. The Registrar or his deputy shall after taking a record of the voting papers in the presence of the scrutineers place in separate packets all the used and rejected voting papers and the Registrar of the Diocese shall safely and secretly keep them until the close of the Session or the ascertaining of the result of the scrutiny as herein provided when he shall cause the said packets to be burnt without being opened.

SCHEDULE


Voting paper for the election of a Clergyman (or Clergymen or a Layman or Laymen or a member or members of the Synod) to be (here describe the office or position to be filled).

INSTRUCTIONS TO VOTERS - The voter shall indicate the candidate or candidates for whom he decides to vote by making a cross in the square opposite the name of each candidate for whom he votes. The voter shall vote for the full number of candidates to be elected.

LIST OF CANDIDATES - Names have been placed in order chosen by lot.


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