Below is an extract from the NZART Constitution (last updated from the 10 Sepetember 2022 AGM) describing the Election procedure.
The full constitution is available as a PDF for download here.
Schedule A Para 3.2
Election Procedures
1. Returning Officer to Call for Nominations
a. The Returning Officer must forthwith upon appointment under paragraph 3.2 a. of this constitution give notice of the forthcoming election by publication in the Official Journal and call for nominations for the office of President and for the Executive Council. The notice of election must provide that nominations are to reach the Returning Officer no later than the 31st day of December in the year prior to the year in which the election is to be held. The Returning Officer must treat mail received either by postal delivery or by clearance from a post office box on the 1st day of January as having been received in time, but the Returning Officer is not required to make more than one postal box clearance on the 1st day of January. For the avoidance of doubt, nominations received by facsimile or electronic means are not acceptable.
b. Every nomination to an elective position in the Association must be in writing on the appropriate form and must be signed by the person nominating and by a seconder and must be countersigned by the member nominated. Nominations for Executive Council must also include whether the nominee normally resides in the North or South Island of New Zealand. Should a nominee not live in either Island, the most appropriate island for that candidate to be indicated.
c. A member may be nominated for both the office of President and Executive Councillor for a district and a member so nominated must be included on the ballot paper both for President and for the Executive Council. If the member is elected to both offices, the office of President is deemed to be preferred and the next successful candidate in the election for the Executive Council is deemed elected. If there has been no ballot for the election of the Executive Council then the President elect’s vacant position on Council must be filled as a casual vacancy.
d. If Council fails to appoint a Returning Officer for any election year, the General Secretary must act as Returning Officer and conduct the election without further appointment or direction than this provision.
2. Conduct of Ballot
a. The Returning Officer must in each election year arrange for the preparation of ballot papers and ballot envelopes which together with biographical details of candidates must be posted during the month of February to every financial member entitled to vote at the address shown in the Register of Members.
b. In the ballot for President the member is to strike out the name or names of the candidate or candidates not voted for leaving on the ballot paper unstruck out, the name of the candidate for whom the member does wish to vote.
c. In the ballot for members of the Executive Council the member must strike out the names of the candidate or candidates not voted for leaving on the ballot paper, unstruck out, the name or names of the candidates or candidate for whom the member does wish to vote. A member may vote for fewer candidates than there are to be elected, but must not vote for more than that number, or all the member’s votes will be invalid.
d. It is the duty of the member to place the completed ballot paper in the ballot envelope addressed to the Returning Officer but otherwise unmarked. This envelope in turn must be placed in a further envelope also addressed to the Returning Officer but bearing the member's name address and call sign (if any).
e. Upon being satisfied that the person named in the envelope is entitled to vote, the Returning Officer must remove the interior envelope and place it in the ballot ensuring always that the envelope is unmarked and that the voter cannot be identified.
f. The ballot is to close on the 20th March, and all ballot papers must be posted or otherwise delivered to reach the Returning Officer by that date. The Returning Officer is to treat mail received either by postal delivery or by clearance from a Post Office box on the following day as being received in time, but the Returning Officer is not required to make more than one postal box clearance on the day following the closing of the ballot.
g. If a candidate dies or withdraws from the ballot after ballot papers have been issued to members, then the ballot for that position must not proceed, and a new election is to be held in accordance with directions as to the timing of closing of nominations and closing of the ballot issued by the Executive Council.
h. If a candidate dies or withdraws from the ballot before ballot papers have been issued to members, the ballot must proceed with reprinted ballot papers deleting the name of the deceased candidate, unless the number of candidates remaining after withdrawal or death of a candidate is equal to or less than the number required to be elected, in which case the remaining candidates are to be declared elected unopposed.
i. The Returning Officer must appoint two scrutineers (not being candidates in the election) who together with the Returning Officer are to count the votes cast. If any question arises as to a member's entitlement to vote or as to the propriety of any vote the same is to be determined by the Returning Officer. The Returning Officer's decision does not bind any subsequent Inspecting Officer.
j. The presidential candidate receiving the highest number of votes shall be declared President.
k. The result of the election for the six positions on the Executive Council shall be adjudged in the following order:
i Two candidates residing in the South Island and the two candidates residing in North Island who receive the highest number of votes
ii Up to two candidates who reside anywhere in New Zealand who received the next highest number of votes.
l. Where there is insufficient candidates for Executive Council from either the North or South Islands to fulfil the two North or South Island allotments, the balance shall be fulfilled by the candidates who receive the highest number of votes and shall be declared the Executive Council.
3. Declaration of Result
a. After the completion of counting the Returning Officer must make a written return of the result of the election, showing the number of votes cast for each candidate and must forward a copy of the return to the President, the General Secretary and to each candidate and must arrange publication of the result in the Official Journal.
b. If more than one candidate receives the same number of votes, the Returning Officer must decide by lot in the presence of two scrutineers which of the candidates is to be returned.
4. Positions Not Filled at an Election
a. If there are insufficient nominations for an elected position in the Association, the Returning Officer must declare the persons nominated to be elected to those positions unopposed.
b. The incoming Executive Council, following the declaration of the result of the election and provided it has the quorum required by paragraph 3.5 above for the conduct of Executive Council business, and notwithstanding that it has not taken office, must make appointments to fill any positions for which there were insufficient nominations, in accordance with the procedure set out in paragraph
3.7 above in all respects, as though the unfilled positions were casual vacancies.
c. Where following an election a candidate dies or indicates to the President in writing that he or she does not intend to take office, the incoming Executive Council must fill the vacancy so created as a casual vacancy.
d. No vote ratifying any appointments made under paragraph 4 b. of this paragraph is necessary following the incoming Executive Council taking office.
5. Enquiry Following Election
a. Within fourteen days of the declaration of a result any candidate, the Executive Council or a Branch, may ask the Executive Council to conduct an enquiry into the election, stating precisely the reasons for seeking any enquiry, whereupon the Executive Council, or in cases of urgency, the President acting alone may appoint an Inspecting Officer to report to the Executive Council on the conduct of the election.
b. The Inspecting Officer must be a person who was not a candidate in the election and preferably, who has previously held a national elective office in the Association. It is the duty of the Inspecting Officer to consider any complaints made and report forthwith in writing to the Executive Council.
c. Upon receiving the report of the Inspecting Officer the Executive Council may –
i. annul the result of the election or any section thereof and call new elections giving all necessary directions as to closing time for nominations, etc., or
ii. alter the declaration of the result if satisfied that a clear error has been made, or
iii. declare that notwithstanding any irregularities the result of the election has not been affected, and confirm the declaration of the result.
d. If new elections are called, they must be held promptly, and the outgoing President and the Executive Council are to remain in office until the Returning Officer has declared the result thereof.
e. Any members of the Executive Council whose positions on the Executive Council would or might be affected by the report of the Inspecting Officer, are not to be counted in a quorum or be entitled to vote on any motion relating to the adoption of the Inspecting Officer's report, provided that, if the application of this rule would leave the meeting of the Executive Council without the quorum prescribed in paragraph 3.5 for Executive Council business, then all Executive Council members may vote notwithstanding that their personal positions are so affected.
Last Updated: 03 November 2022
