Electronic Voting Statute 2010


1 Title and commencement


(1)   The Council of the University amends the Electronic Voting Statute 2010

(2)   This amendment comes into force on 10.08.15

2 Application


This statute applies to all staff and students of the University    

3 Purpose


The purpose of this statute is to create a uniform electronic voting process 

4 Contents


  • Returning officer
  • Electors
  • Notice of election
  • Nomination of candidates
  • Rejection of nominations
  • If number of candidates does not exceed number of vacancies, candidates to be declared elected
  • Notice of nominations and election
  • Issue of instructions for voting
  • Candidate may retire
  • Method of voting
  • Validity of votes
  • Counting of votes
  • Equality of votes
  • Declaration of result
  • Recount
  • Destruction of votes
  • Casual vacancies

5 Statute


(1) Returning Officer

(a)  The Registrar is the Returning Officer for elections conducted under this statute

(b)  The Senate Elections Standing Orders governing the conduct of elections of members of Senate are to be deemed voting statutes

The Council may amend, repeal and make new voting statutes. The Vice-Chancellor may issue directions governing the conduct of elections for committees that are not committees of Council

(2) Electors

(a)  The Returning Officer is to compile a list of electors who are eligible to vote in each election. Such list must include all qualifying electors at a date specified by the Returning Officer

(3) Notice of election

(a)  The Returning Officer is to give notice of an election in accordance with the relevant voting statute or, where the voting statute does not prescribe a period of notice, then for no less than 35 calendar days before the day or days fixed by the Returning Officer for an election

(b)  Where a second election for want of candidates may be required, notice of an election is to be given as soon as reasonably practicable

(c)  Notice of an election is to be given in such University publications as prescribed in the relevant Voting Statute or otherwise as the Returning Officer sees fit

(d)  The notice is to give details of the election, including but not necessarily limited to:

(i)    the name of the election

(ii)  the number of positions to be filled

(iii) the contact details for the Returning Officer to which all communications including notices of candidacy, expressions of interest or nominations relevant to  the election are to be addressed and

(iv) the closing date for the receipt of such notices of candidacy, expressions of interest or nominations

(4) Candidates

(a)  To be eligible for election a candidate must submit a notice of candidacy, by the time the candidacy list closes, which meets the following criteria:

(i)    includes an expression of interest or nomination containing the required information as set out in the relevant voting statute or any relevant terms of reference; and

(ii)  is signed by the candidate and, where prescribed, in the voting statute by eligible nominators; and

(iii) has the written consent of the candidate and a personal declaration of eligibility; and

(iv) is  legible to the Returning Officer

(b)  Every candidate for a specified election may submit a supporting statement to the Returning Officer. If a candidate does submit a supporting statement to the Returning Officer, the statement must comply with the following requirements:

(i)    the statement must not exceed 200 words

(ii)  the statement must comply with any restrictions on content and format imposed by the Returning Officer

(iii) the statement must include relevant information about the candidate, which must be accurate and fair, and

(iv) the statement must relate only to the candidate

(c)  The Returning Officer may require a candidate whose statement does not comply with the requirements of this section to revise the statement so as to comply and may refuse to make available any statement which does not comply. This requirement and ability to refuse is the sole and exclusive responsibility of the Returning Officer whose decision is final

(d)  The Returning Officer will ensure that the candidate statements are included in the instructions for voting that are sent to each elector

(e)  Every notice of candidacy, expression of interest or nomination paper must be received by the Returning Officer in either original paper format or by email on or before the prescribed closing date

(f)    The Returning Officer is to acknowledge receipt of every valid notice of candidacy, expression of interest or nomination paper

(5) Rejection of nominations

(a)  The Returning Officer  must reject the nomination of a person named as a candidate who does not qualify for election under the relevant voting statute or terms of reference

(b)  Where a nomination is rejected, the Returning Officer must notify the candidate in writing giving the reasons for the rejection

(6)  Fewer candidates than positions

If the number of eligible candidates does not exceed the number of positions to be filled, the Returning Officer is to declare the candidate or candidates so nominated to be duly elected as soon as practicable after the close of nominations, by notice in such University publications as the Returning Officer sees fit

(7) Notice of election

If the number of candidates exceeds the number of positions to be filled, the Returning Officer is to give notice of the day or days on which the election is to be held and of the names of the candidates by notice in such University publications as the Returning Officer sees fit

(8) Issue of instructions for voting

The Returning Officer is to send instructions for voting by email addressed to each elector at their University email address

(9) Candidate may retire

(a)  A candidate at an election may retire by notice in writing to the Returning Officer, signed by that candidate

(b)  Advice of the death or incapacity of a candidate will be treated by the Returning Officer as a notice of retirement

(c)  Where the Returning Officer receives notice pursuant to the sections above:

(i)    before the instructions for voting have been distributed, the Returning Officer will, where practicable, remove the candidate’s name from the voting papers or give notice of the retirement in such University publications as he or she sees fit

(ii)  after the instructions for voting have been distributed, the Returning Officer  will take such steps as are practicable to advise electors that the candidate has retired and may if the voting process permits, ensure that the name of the retired candidate is removed from the candidates for that election

(d)  Any vote cast for a retired candidate is void

(e)  If, by the retirement of a candidate the number of candidates is reduced to or below the number of positions to be filled, section 5(6) of this statute will apply

(10)  Method of voting

(a)  On receipt of the instructions for voting sent by the Returning Officer, the elector will alone exercise his or her vote in accordance with the instructions for voting

(b)  Where any elector:

(i)    is wholly or partially blind; or

(ii)  suffers from any other disability which makes it difficult to cast his or her vote in the prescribed manner,

that elector’s vote may be recorded by another person in accordance with the instructions of the elector

(11) Validity of votes

A vote will be valid only if:

(i)    the elector’s username or any similar or equivalent identification adopted by the University is entered into the electronic voting system;

(ii)  the elector’s University password or any similar or equivalent password adopted by the University is entered into the electronic voting system;

(iii) the elector has not yet recorded his or her vote; and

(iv) the elector’s vote is recorded on the day or days of the election

(12) Counting of votes

Votes are to be counted as soon as reasonably practicable after the close of voting in the manner prescribed by the Returning Officer

(13) Equality of votes

Where there is an equality of votes between candidates and the addition of a vote would entitle any of these candidates to be declared elected, the Returning Officer must determine by lot which candidate will be declared elected

(14) Declaration of result

The Returning Officer is to declare the result of the election, giving the name or names of the candidates elected and the number of votes gained by each candidate in the election as soon as reasonably practicable after the close of voting

(15) Recount

(a)  Where any elector has reason to believe that the declaration of the result of the election given by the Returning Officer is incorrect, and that on a recount the result of the election might be found to be different, he or she may, within seven days after the declaration, apply to the Returning Officer for a recount of the votes

(b)  Every application for a recount must state:

(i)    the grounds upon which the applicant believes that the declaration by the Returning Officer of the result of the election is incorrect;

(ii)  why on a recount the result of the election might be found to be different; and

(iii) the name of the applicant

(c)  If the Returning Officer is satisfied that an applicant has established that there is reasonable cause to believe that:

(i)    the declaration by the Returning Officer of the result of the election is incorrect; and

(ii)  on recount, the result of the election might be found to be different

the Returning Officer must direct a recount of votes

(d)  A recount of votes must be carried out as soon as reasonably practicable, by such means as the Returning Officer thinks fit

(e)  Where the Returning Officer directs a recount of the votes, the Returning Officer must:

(i)    notify the applicant in writing of the result of the recount; and

(ii)  where the result of a recount is that the declaration by the Returning Officer of the result of the election is incorrect, declare, by notice in such University publications as the Returning Officer sees fit:

(1)  that upon a recount of the votes, the declaration by the Returning Officer of the result of the election was found to be incorrect; and

(2)  the name or names of the candidates duly elected

(16) Destruction of votes

The Returning Officer is to arrange for all records of electors’ votes to be destroyed or deleted in a manner which ensures that the confidentiality of voting information is preserved, no earlier than three months after the declaration of the result of an election, and if an application for a recount is made, not before the result of the election is declared

(17) Casual vacancies

(a)  A casual vacancy arises when a duly elected candidate during his or her term of office:

(i)    dies; or

(ii)  becomes disqualified to hold office under this statute or any voting statute or by operation of any applicable law or enactment of the legislature of New Zealand; or

(iii) is declared bankrupt; or

(iv) becomes mentally disordered within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or

(v)   resigns office by notice in writing to the Registrar; or

(vi) is convicted of an offence and sentenced to imprisonment; or

(vii) is absent without leave from three consecutive meetings; or

(viii)   otherwise becomes ineligible to be elected in accordance with the relevant voting statute or terms of reference

(b)  A casual vacancy that occurs within three months of the end of a term of office need not be filled

(c)  Where a casual vacancy occurs any earlier in the term of office than as stated in section 5(17)(b), that vacancy must be filled for the remainder of the term in accordance with:

(i)    section 176 of the Education Act for the Council and its committees;

(ii)  the Senate Elections Standing Orders or any voting statute for Senate and its committees or their terms of reference for the time being; or

(iii) the direction of the Vice-Chancellor for other committees

6 Definitions


The following definitions apply to this statute:

Candidate means a candidate for election under a voting statute or the terms of reference of a committee reporting to or advising the Vice-Chancellor

Council means the Council of the University constituted in accordance with Part 15 of the Education Act 1989, and the governing body of the University as defined in University of Auckland Act 1961 and s165(1) of the Education Act 1989]

Elector means a person eligible to vote under a voting statute

Notice means the notice of election duly issued by the Returning Officer

Registrar means the Registrar of the University as defined in the University of Auckland Act 1961

Senate means the academic board established in accordance with s182(2) of the Education Act 1989

Statement means a candidate’s supporting statement for a specified election which may be made in accordance with this statute or relevant voting statute

University means the University of Auckland

University publications may be in hard copy or electronic form and includes magazines, newsletters and websites which may be used by the University from time to time

Vice-Chancellor is the person currently holding office as the Chief Executive Officer of the University; and includes any person

a. acting temporarily in that capacity; or

b. acting under the delegated authority of the Vice-Chancellor

Voting statute means any statute approved by Council governing the conduct of elections under this statute and includes for the purposes of this statute relevant Senate Elections Standing Orders

7 Key relevant documents


Include the following:   

8 Document management and control


Content manager: Registrar

Approved by: Council

Date approved:  10 August 2015

Date last reviewed: July 2012