In response to the COVID-19 pandemic the state government has introduced new laws to urgently amend local government election laws and hopefully reduce the risk of virus transmission. The Public Health and Other Legislation (Public Health Emergency) Amendment Bill 2020 was passed yesterday and it is expected that most of the provisions will commence imminently.
The emergency amendments include changes to the Local Government Act 2009, the City of Brisbane Act 2010, the Local Government (Dissolution of Ipswich City Council) Act 2018, the Local Government Electoral Act 2011 and the Local Government Regulation 2012.
The changes are intended to help minimise serious risks to the health and safety of persons caused by the COVID-19 pandemic. The changes facilitate a possible suspension of the 2020 quadrennial local government elections and provide the flexibility to change the election date and statutory processes associated with the election. In certain circumstances the amendments also provide for a termination of the election with the consequence that a new election would need to be called.
In this alert Partner, Sarah Macoun and Solicitor, Kate Thorogood discuss what the amendments are and what they could mean for the upcoming election.
Suspension or termination of election and provisions in relation to postal and electronic voting
The amendments allow for the following to occur1:
- the 2020 quadrennial local government election to be suspended or terminated (with caretaker arrangements to continue to apply during the period);
- timeframes for the receipt of postal vote applications to be extended for relevant persons (people over 65 and for whom COVID-19 poses a high risk);
- direction that the election be conducted by postal ballot in all or part of a local government area; and
- electronic voting to be declared available to declared classes of people.
It is possible that these amendments will be used to delay the local government election to give voters more time to apply to cast their ballots by post and perhaps even to cast their ballots electronically. There is also the possibility that these amendments will be used to delay the local government election so that it can be directed that all or part of the election be conducted by postal ballot. Such measures will pose unique challenges for the Electoral Commission of Queensland, parties, candidates and local governments, but will help reduce the transmission of COVID-19.
Prohibition on distributing how-to-vote cards and canvassing
The amendments also allow directions to be given about how, when and where how-to-vote cards may be distributed and displayed and prohibiting people from canvassing for votes. Fines may be imposed for contravention of such a direction. It is conceivable that the Electoral Commission of Queensland could make directions that:
- people cannot canvass for votes at polling stations;
- how-to-vote cards cannot be distributed by hand at polling booths; and
- how-to-vote cards are to be displayed at certain places in polling stations for voters to view.
Measures to assist continuity of local government
The amendments also allow the continuation of the Ipswich City Council and Logan City Council interim administrations if the election is significantly delayed; and extensions of time to fill councillor vacancies if the election is not held in March 2020. These amendments will assist the continuity of government to be maintained.
These measures are temporary and will only apply to the 2020 local government election.
For further information or assistance, please contact our Planning and Environment team.
1 Subject to the Minister or the Electoral Commission of Queensland, as the case may be, forming the requisite view.