Step 4 - Calling For and Accepting Nominations, and Supporting Information
This step of the election process requires the returning officer to ensure that the required information is provided correctly to all eligible voters. It is also important to maintain timely and ongoing communication with the board chair during this process. Please follow the actions below carefully.
Actions
- In order to meet legislative requirements (best, as early as possible)
- be clear about the date by which nomination forms will need to be sent out and the notice printed in the newspaper, and
- determine the deadline cut-off for your local newspaper in order to meet the publishing deadline.
- Prepare nomination forms ready to be sent out by:
06/05/2016 (or ../../201x)
If using the common triennial election date, nominations must be called for by the date above. When calling for nominations you must:
- prepare a parent election nomination cover notice. This notice explains the parent election process and should accompany the nomination form (Form 1) to all eligible people on the voting roll. See page 9 for an example notice, or download from here. (Note: You need to login as a Returning Officer)
- prepare a nomination form. Use the Standard Election Nomination Form - Form 1, which you can download here. (Note: You need to login as a Returning Officer)
Before downloading you must: - enter the name of the school
- enter the school profile number
- enter the address to which the form must be posted or delivered, and
- enter the date and time (noon) by which the completed form must be received by the returning officer, and
- print one copy and circle the type of election (parent/staff). Photocopy the required number of forms.
- Prepare parent/staff election notices by:
06/05/2016 (or ../../201x)
Parent election
- By this date, have an advertisement ready to be published in a newspaper circulating in the area of the school. This advertisement calls for nominations. Use the wording from the parent election notice example on page 10, or download it here. (Note: You need to logged on as a Returning Officer)
Staff election
- By this date, you must have put a printed staff election notice on the noticeboard in the staffroom. Print enough copies for every staff member to receive a copy of the notice attached to a correctly filled-out nomination form.
- Make sure the nomination form (Form 1) and a copy of the notice are either posted OR placed in every staff member’s pigeonhole or wherever they collect their mail. Alternatively, your notice may advise where these forms can be picked up. Use the wording from the staff election notice example on page 10, or download it here. (Note: You need to logged on as a Returning Officer)
- Call for nominations called for 28 days before voting closes:
by 06/05/2016 (or ../../201x)
Parent election
- Ensure publication of the notice calling for nominations by this date, in a newspaper circulating in the area of the school AND a nomination form (Form 1, or Form 2 if the board is opting into the staggered (mid-term) election cycle) PLUS a copy of the notice is posted or personally delivered to each person named on the roll, also by this date. In addition, a similar or identical notice could be published in a school newsletter or on the school website before this day.
Staff election
- Ensure that a nomination form (Form 1) AND a copy of the notice is posted or personally delivered to each person named on the roll, OR notices are displayed in prominent places around the school. These notices must specify where nomination forms can be obtained.
- Update the board chair on the number of valid nominations received as they come to hand. Also please remember to log on to the returning officers' section of the Trustee election website and update the number of valid nominations as you receive them.
If there are fewer nominations than there are vacancies to be filled, keep the board chair informed, as the board will need to encourage nominations.
Keep receiving nominations and candidates’ statements. Ensure that the name of every eligible candidate is available for inspection at any reasonable time at the school throughout the election process.
- Receive nominations until noon on the day nominations close:
20/05/2016 (or ../../201x)
- When nominations are received, check them immediately and if valid put the candidates’ names on a list that is displayed in an area such as the noticeboard in the school foyer/ staffroom where the public/staff can see it.
- Log on to www.trustee-election.co.nz and update the number of valid nominations.
- If a nomination is not valid, advise the nominee and nominator and give the reason.
- If a nomination form has one or more errors, advise the nominee and nominator and give them the opportunity to correct any errors. Do not let them alter anything; instead provide another blank nomination form. If, say, a signature is missing, get the person to fill in the gap.
- Nomination forms faxed or scanned (if otherwise correct) can be accepted and the nominees declared to be candidates. However, promptly make arrangements to get the originals.
- Close nominations at noon on:
20/05/2016 (or ../../201x)
Nominations must close at noon on this day. The nomination forms, along with any candidates’ statements, must be in your hands by noon or held at the school office for you to collect later in the day. No nominations received after noon can be accepted.
In a triennial election, if after nominations close valid nominations for parent representatives number fewer than three (and the board is NOT in the staggered (mid-term) election cycle), a commissioner will be appointed to replace the board. Promptly advise the board chair so they can contact the nearest office of the Ministry of Education.
If there are three or more valid parent representative nominations, and these are fewer than, or equal to, the number of vacancies, you can promptly declare all candidates elected. (This requirement does not apply to boards of trustees that have adopted the staggered (mid-term) election process.)
If there is only one valid nomination for a staff representative, you can promptly declare the candidate elected.
In this situation the election has come to an end, so you can declare the final result as follows:
- give written notice to the board
- prominently display notices at the school
- publish a notice in a newspaper circulating in the area (see examples on page 11 for each election), which must include the name of the candidate(s) elected.
You should also:
- complete online the required form “Candidates and Elections Results – Appendix 1”. You must be logged on as returning officer to complete this. (NOTE: this form applies to any election type and replaces Appendices A – E). Retain the forms in the board’s election file, and
- complete online the required form “Change in Membership of Board of Trustees – Appendix 2”. Completion of this form does not required logging on as returning officer (NOTE: this form was previously called Appendix F).
SAMPLE NOMINATION COVER NOTICE (TO MAIL WITH NOMINATION FORMS)
20XX BOARD OF TRUSTEE PARENT ELECTIONS
EXAMPLE SCHOOL
School profile number: XXXX
Nominations are invited for the election of (insert number) parent representatives to the board of trustees.
Nomination Form
Enclosed is a nomination form to enable you to put your name forward as a candidate in the forthcoming board of trustees’ election, or to nominate someone else as a candidate.
Include this sentence if you are the returning officer for a stand-alone intermediate school: “If you have a child enrolled in year 6 at a contributing school you are entitled to participate in this election also”.
NOTE: If you are on the school roll and eligible to vote, you can nominate yourself and do not require a seconder, but you must sign both parts of the form. Information on those who are ineligible to stand for election is on the back of the nomination form (Form 1).
Complete the nomination form, including the necessary signatures. Complete the candidate’s contact details, including their address and telephone numbers (home and mobile), and post or hand deliver the form to the returning officer at the address shown below.
Nominations close at 12 noon on (insert date).
Candidate Statement
As a candidate you are invited to submit a brief (up to 400 words) statement.
NOTE: The returning officer may omit or abridge any part of the candidate’s statement where it exceeds 400 words, or is offensive or defamatory.
It is the candidate’s responsibility to ensure that the signed candidate’s statement is received by the returning officer.
If the statement is not received by 12 noon on (insert date) your statement cannot be sent to voters with the voting papers.
Voting Roll
A copy of the voting roll is available for inspection at the school office during normal school hours.
Eligibility
Anyone, other than those ineligible under sections 103 and 103A of the Education Act 1989, may stand for election for the board of trustees. However, if you are not on the voting roll you must be nominated by a person who is.
Scrutineers
A candidate may appoint a scrutineer to observe the vote count. Please advise the returning officer in writing of the scrutineer’s name and contact details before election day.
Voting and results of the election
If there are more nominations than vacancies for parent representatives, eligible voters will be posted voting papers and candidates’ statements (where provided) on or before (insert date).
The poll closes at 12 noon on (insert date). The highest polling candidates will be elected to the board of trustees. The results will be made available at the school and also published in a local newspaper.
Nomination forms are available in te reo Māori. Please contact the returning officer if these are required. Post or hand deliver completed nomination forms to: (insert name and address of returning officer).
Explanations
A candidate in a parent representative election DOES NOT need to be a parent of a student enrolled at the school.
NOTE: You are required to post or personally deliver to each voter a separate envelope containing a nomination form and a copy of the notice calling for nominations. It is immaterial if two voters have the same address.
NOTE: The parents of foreign fee-paying students are entitled to participate in any parent representative election or by-election. Because of their distance from the school in many instances, it is strongly recommended that you process their requirements first and use FastPost as a matter of urgency. See www.nzpost.co.nz
NOTE: A person who has been appointed the returning officer for an election is ineligible to be nominated as a candidate in that election. However, if otherwise eligible the returning officer can vote in the election.
A special nomination form (Form 2) and special voting form (Form 6) will need to be used if the board is opting into the staggered (mid-term) election cycle at these triennial elections.
SAMPLE PARENT ELECTION NOTICE
(insert school name) School
Board of Trustees’ Election
Nominations are invited for the election of (insert number of vacancies) parent representatives to the board of trustees.
A nomination form and a notice calling for nominations will be posted to all eligible voters.
You can nominate another person to stand as a candidate, or you can nominate yourself (make sure you sign both parts of the form).
Additional nomination forms can be obtained from the school office.
Nominations close at noon on (insert date that is 14 days before the election date) and may be accompanied by signed candidates’ statements.
The voting roll is open for inspection at the school and can be viewed during normal school hours.
There will also be a list of candidates’ names, as they come to hand, for inspection at the school.
Voting closes at noon on (insert date).
Signed (insert name)
Returning Officer
SAMPLE STAFF ELECTION NOTICE
(insert school name) School
Staff representative election for the board of trustees
Nominations are invited for the election of one staff representative to the board of trustees.
Some staff may also be eligible to be on the parent roll. You can be on only one roll.
A nomination form and a copy of this notice are being distributed to all eligible voters on the staff.
Further nomination forms can be obtained from the school office.
Dual eligibility
NOTE: You may be eligible to participate in both the parent and the staff elections. This occurs where you are a staff member and a parent of a student enrolled at the same school. In law you are entitled to be on only one roll, but you have the right to decide which one. You must advise me in writing before the roll closes or you will remain on the staff roll.
You should note that if you remain on the staff roll you can stand as a candidate, nominate and vote in the staff election. If you choose the parent roll you can nominate and vote but not stand in the parent election. The decision you make stays in place until the next triennial election unless your circumstances change.
Nominations close at noon on (insert date that is 14 days before the election date) and may be accompanied by signed candidates’ statements.
Candidate Statement
As a candidate you are invited to submit a brief (up to 400 words) statement. NOTE: The returning officer may omit or abridge any part of a candidate’s statement where it exceeds 400 words, or is offensive or defamatory. It is the candidate’s responsibility to ensure that the signed candidate’s statement is received by the returning officer. If your statement is not received by 12 noon on (insert date) it cannot be sent to voters with the voting papers.
The voting roll is open for inspection at the school office and can be viewed during the hours the office is open.
There will also be a list of candidates’ names, as they come to hand, for inspection at the school office.
Voting closes at noon on (insert date).
Scrutineers
A candidate may appoint a scrutineer to observe the vote count. Please advise the returning officer in writing of the scrutineer’s name and contact details before election day.
Signed (insert name)
Returning Officer
NOTE: If there are three or more valid parent representative nominations, and these are fewer than, or equal to, the number of vacancies, you can promptly declare all candidates elected. (This requirement does not apply to boards of trustees that have adopted the mid-term election process.)
SAMPLE PARENT ELECTION RESULTS DECLARATION
(Insert school name) School
Board of Trustees' Election
Declaration of Parent Election Results
At the close of nominations, as the number of valid nominations was equal to/fewer than (delete whichever is not applicable) the number of vacancies required to be filled, I hereby declare the following duly elected:
Dean, Jane
Francis, Alan
Robinson, Paula
Matiu, Te Pou
Ngan, Peter
Signed (insert name)
Returning Officer
SAMPLE STAFF ELECTION RESULTS DECLARATION
(If only one valid nomination is received)
(Insert school name)
Board of Trustees' Election
Declaration of Staff Election Results
At the close of nominations, as there was only one valid nomination received I hereby declare:
Dunbar, Jill duly elected.
Signed (insert name)
Returning Officer
Validation of Candidates' Eligibility
Sections 103 and 103A (pages 23-24) list the categories of persons who are not eligible to be a trustee. This includes all types of trustees, i.e: elected, co-opted or appointed trustees, and trustees elected or selected to a casual vacancy. A person is ineligible if they:
- are an undischarged bankrupt
- are prohibited from being a director or promoter of, or being concerned with or taking part in the management of, a company under section 382, 383 or 385 of the Companies Act 1993
- are a permanently appointed member of the board staff, unless they are standing for election as a staff representative
- contract or sub-contract with the board without the approval of the Secretary for Education and receive payments exceeding $25,000 in any financial year (this provision is set out in section 103A). This also covers situations where a person has a 10% or more shareholding in the contracting company or a company that controls the contracting company
- are subject to a property order under the Protection of Personal and Property Rights Act 1988
- are a person in respect of whom a personal order has been made under that Act that the person either is not competent to manage their own property affairs or does not have the capacity to communicate/make decisions relating to their welfare/personal care
- are a person who has been convicted of an offence punishable by imprisonment for two years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence or otherwise suffered the penalty imposed on the person, or
- are not a New Zealand citizen, and are:
- a person to whom section 15 or 16 of the Immigration Act 2009 applies
- a person obliged, by or pursuant to that Act, to leave New Zealand immediately or within a specified time, being a time that is less than 12 months, or
- deemed for the purposes of that Act to be in New Zealand unlawfully.
NOTE: If a person has approval to reside in New Zealand for more than 12 months they may stand as a candidate if they are otherwise eligible.
It is not the returning officer’s job to check candidate eligibility under sections 103 and 103A.
No person who has been appointed as the returning officer for an election of trustees is eligible to be nominated as a candidate in the election.
Candidate Statements
- Receive candidates’ statements and, if necessary, edit these statements.
- Statements may include each candidate’s:
- experience
- qualifications
- abilities
- previous involvement with the school(s) or institution(s) administered by the board
- reasons for standing for election
- interests, and
- anything else that can be reasonably linked to the education of children.
Regulation 11(2) authorises you to omit or abridge any part of a statement if you are satisfied on reasonable grounds that it is likely to be defamatory or offensive, or is too long.
Your role in editing statements about candidates is limited to the requirements expressed in this regulation. It is vital that you are not seen either to favour one candidate over another or in any way to attempt to influence the voters when editing candidates’ statements.
You must be seen to be impartial. You should not be involved in organising or calling public meetings of candidates. You may be present at such meetings in order to receive nominations, but this should be your only involvement.
Candidate Photographs
Photographs of candidates are not necessary; however, if photographs are received they can be distributed with the candidates’ statements.