Postal, electronic or combined ballots

Postal, electronic or combined ballots

A postal, electronic, or combined ballot may be a convenient way to vote on a resolution. This is for members who are far apart or can't attend a meeting.

See Schedule 2 of the Associations Incorporation Regulation 2022 for how to run a postal, electronic, or combined ballot.

Types of resolutions a postal, electronic or combined ballot can determine

An incorporated association’s constitution must list the types of resolutions that can be voted on by postal or electronic ballot.

Incorporated associations using the Model constitution can decide on resolutions through a postal, electronic, or combined ballot. However, this does not apply to appeals by disciplined members.

See resolutions for more information.

The role of the committee

The committee must:

• appoint a returning officer
• set out the details of the matter to be determined in a statement, including if it is a special resolution
• set a closing date for the ballot.

The role of a returning officer

The returning officer conducts the ballot on behalf of the incorporated association.

The returning officer:

• may be a member of the incorporated association
• may be a non-member of the incorporated association
• must not be a committee member.

The returning officer can appoint another person to assist with the ballot. This person must also meet the eligibility requirements to be a returning officer.

The role of the returning officer in postal voting

The returning officer must create a roll of members eligible to vote. This roll should include the full names and addresses of those members.

The returning officer must send specific documents to members before the closing date. These must be sent at least 14 days in advance. For a special resolution, the documents must be sent at least 21 days prior to the closing date.

The documents must include:

• a copy of the statement prepared by the committee is to be provided to each member. This statement must include details about the matters to be decided by the ballot. The members must be informed if the intention is to propose a special resolution and if so, the special resolution to be voted on must be set out in full.
• a ballot paper that contains:
  • instructions for completing the ballot paper,
  • the question to be determined, and
  • a space for the member to record the member’s vote.
• a notice that contains:
  • the closing date of the ballot
  • the address where the ballot paper is to be returned.
• a returning envelope that is addressed to the returning officer containing the member’s name and address on the reverse side
• if the ballot is a secret ballot, an envelope marked ‘Ballot Paper’.

The returning officer, on receiving a returning envelope, must:

• check each returning envelope against the voting roll. This is to confirm that a member entitled to vote cast the vote.
• ensure the ballot papers are kept safe until the counting of the votes begins.

How members vote in a postal ballot

After receiving the ballot information, members cast their votes. They vote by marking their ballot paper and following the provided instructions.

The member must, after completing the ballot paper:

• enclose and seal in the returning envelope:
  • the ballot paper, or
  • for a secret ballot - the sealed envelope marked 'Ballot Paper' in which the ballot paper is enclosed
• post or give the envelope to the returning officer and it must reach the officer before the ballot closes.

The role of the returning officer in electronic voting

Electronic voting can be by:

• email
• a voting website, or
• other electronic means determined by the committee.

The returning officer must create a list of members who are eligible to vote. This list should include the full names and addresses of those members.

The returning officer must ensure the following items are provided to members before the ballot closes. These items must be given at least 14 days in advance. If the ballot involves a special resolution, the items must be provided at least 21 days before the closing date. These items include providing access to an electronic ballot paper. This may be through a voting website or an electronic application.

The electronic ballot paper must include:

• instructions for completing the ballot paper
• the question to be determined
• the means by which the member is to record their vote
• access to the following information:
  • the closing date of the ballot
  • if voting is by email, the email address to which the ballot paper must be sent
  • if voting is by other electronic means, provide instructions to access the system and return the ballot paper.

If the ballot is a secret ballot, the returning officer must ensure no one can identify the member from the ballot paper.

The returning officer must securely store each electronic ballot paper until the votes are counted.

How members vote in an electronic ballot

Members entitled to vote must vote in accordance with the instructions provided.

Members must return the ballot paper. It must reach the returning officer before the ballot closes.

Counting votes

As soon as practicable after the close of a ballot conducted by postal or electronic voting, the returning officer must:

• for a secret ballot conducted by postal voting - open the envelopes marked “Ballot Paper” and remove the ballot papers
• reject all informal ballot papers
• ascertain the result of the ballot by:
  • for a postal ballot - counting the votes that are not rejected, or
  • for an electronic ballot - reviewing the information and reports about the ballot.

The returning officer must prepare a statement of the ballot result. They must sign the statement and provide a copy to the incorporated association’s secretary.

The secretary must record the ballot result in the incorporated association’s minutes. For a special resolution, the secretary must also notify members of the result in writing as soon as possible.

The member presiding at the next general meeting must announce the ballot result to the members.

Rejecting informal ballot paper or electronic votes

A ballot paper is considered informal if a member does not follow the instructions given by the returning officer when recording their vote.

However, a postal ballot paper is not informal just because it has an unnecessary mark. If the returning officer believes the voter’s intention is clear, the vote is valid.

For electronic voting using a voting website or application (not email), the system must warn the voter if they attempt to cast an informal vote.

What happens to the returned ballot papers

The returning officer must keep all voting rolls, ballot papers (including rejected ones from a postal ballot), and records related to an electronic ballot.

These documents must be securely stored for at least 8 weeks after the ballot’s closing date. The committee may require them to be kept for a longer period.

When will a resolution pass

An ordinary resolution requires a simple majority of formal votes (such as, 50% plus 1).

A special resolution requires at least three-quarters of the valid votes cast.