Clarence Valley councillor incorrectly elected after random draw that should have eliminated him.
A local council in northern New South Wales is without a mayor after an election tie-break meant a candidate whose name was drawn “out of a hat” was wrongly told he had lost.
Clarence Valley councillors Peter Johnstone and Ray Smith were tied on votes for mayor after a ballot of other councillors this week.
The council’s general manager, Laura Black, then told them they would both have their names written on pieces of paper, and a random draw would determine the victor.
Smith’s name was pulled out, and Johnstone incorrectly elected mayor.
NSW local government laws stipulate that if there is a tie for votes between two remaining mayoral candidates, “the one elected is to be chosen by lot”.
The council said in a statement released on Friday: “Before the draw taking place, the General Manager, Laura Black, mistakenly advised those present that the councillor whose name was drawn would be eliminated. Cr Smith’s name was later drawn and, based on that advice, Cr Johnstone was declared Mayor.”
“Council has sought urgent confirmation from the Office of Local Government regarding the appropriate remedial action to address the error.”
Johnstone has since resigned as mayor, pending another vote.
Johnstone posted that he expected a new election to be held before 2 October.
Adding even more confusion to the election, Johnstone said it was not clear that a hat was in fact used to draw the names.