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Home / Hawkes Bay Today

Hastings council rejects claim candidates given wrong information

By Victoria White
Reporter·Hawkes Bay Today·
7 Nov, 2017 06:00 PM4 mins to read

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Strategist Simon Lusk calls for censuring of election company providing "exceptionally poor advice" to Hastings District Council over vote collecting. PHOTO/FILE

Strategist Simon Lusk calls for censuring of election company providing "exceptionally poor advice" to Hastings District Council over vote collecting. PHOTO/FILE

Hastings District Council has been taken to task over allegedly providing incorrect information, and putting byelection candidates at a disadvantage.

Political strategist Simon Lusk, a member of mayoral candidate Bayden Barber's campaign team, has disputed the accuracy of information given to candidates about collecting voting papers and delivering them on behalf of electors.

The council, however, was standing by its advice, and said it had been very careful to provide the best information to candidates, based on the Electoral Act.

Read more: Byelection confidence threatened, Hastings candidates warned
Pauline Doyle, Ken Keys: Getting council back on track

Voting papers for the Hastings byelection will be in letterboxes this week, with voting closing at noon on November 24.

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Candidates were discouraged from collecting voting papers after Mr Lusk queried information in the council's election handbook, and given at a candidates information evening stating that they could not collect these documents.

"I questioned this because I could not see how they could make this statement without having legal standing to do so," Mr Lusk said.

"I also stressed that it was important that they told all candidates that it was legal because their advice was wrong and would put others at a disadvantage."

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This information also gave "anyone who understood the law an unfair advantage based on their incorrect information".

He said it was not illegal to collect ballot papers, but it was illegal to interfere with them.

"The professional election company running the election needs to be censured for their exceptionally poor advice to the HDC and the electoral officer about whether votes can or cannot be collected.

"The Local Electoral Act does not have any prohibition about collecting votes on behalf of others. A competent election company would know this and wouldn't allow councils to say that it is not legal to collect votes as was the case with the HDC candidate guide."

In light of Mr Lusk's queries, council electoral officer Jackie Evans emailed all candidates last month, stating that while collecting voting papers was not illegal it was discouraged, for fear doing so could affect public faith in the electoral process.

"The electoral officer has the power to discourage candidates collecting voting documents on the basis that one of the principles in the Local Electoral Act 2001 is public confidence in the local electoral processes, protection of the freedom of choice of voters and the secrecy of the vote," she wrote.

When asked why he wanted to collect the voting papers, Mr Lusk pointed to "very, very low" local government turnout.

"Many people will vote if asked, but will not vote unless they are asked. Asking them to vote and offering to post or deliver their sealed ballot papers will increase turnout, which is a good thing."

When asked how he would advise Mr Barber to act, Mr Lusk said he would recommend any candidate with a big enough team work "to the letter of the law".

"If you are willing to build a massive turnout operation and use networks to turn voters out and your opponents are not willing to invest the same time and energy then you will out-compete them.

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"Further, the law is absolutely on your side. You may not interfere with voting papers but you may collect them."

He pointed to a section of the Local Electoral Act, which states it is an offence to interfere "in any way with any person who is about to vote with the intention of influencing or advising that person as to how he or she should vote".

Anyone collecting ballot papers must not interfere with the ballot paper or they deserve to be prosecuted under the law, he said.

"As long as they understand this rule and comply with it they will not be in breach of the law."

Ms Evans said the council had told candidates that they or their agents should not systematically collect people's votes because it could potentially leave the candidate open to accusations of influencing voters and compromised the secrecy of the ballot.

"We have clearly pointed out that collecting votes for delivery is not in itself illegal - but that we strongly advise against it.

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"This advice is legally correct as per the Electoral Act."

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