NSW council left without a mayor after names ‘drawn out of a hat’ in election tie-break bungle

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 a bungled 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.

But shortly before drawing the name, Black wrongly declared that whoever she picked would be eliminated.

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 : “Prior to 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 subsequently 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.

“Once advice has been received, Council will provide further public information regarding the outcome and required next steps.”

Johnstone has since resigned as mayor, pending another vote. He posted on social media that he expected that vote to occur on Friday afternoon, but it was deferred as the council continued to seek legal advice.

“For those who don’t know, there was a Mayoral election yesterday in Clarence Valley and I stood. Unfortunately, the final vote was 4 votes each for Ray and me which meant that it went down to names out of a hat,” he posted on Friday morning.

“In the early rounds of the vote, the name drawn out of the hat is eliminated and we were told this would be the case in this round, so when Ray’s name was drawn, I was announced the winner and chaired the rest of the meeting.

“However, the procedures state that the name drawn in the final round is the winner, not the one eliminated. So it should have been Ray declared the winner.”

Johnstone went on to say he was “planning to go to the beach today. Looking at the waves is very therapeutic!”