Breaking News
New Clarence mayor resigns after electoral farce

By Tim Howard

New Clarence Valley Mayor Peter Johnstone has resigned less than a day after being declared elected at yesterday’s council meeting, triggering an extraordinary meeting in Maclean later today.

Cr Johnstone was declared mayor during a farcical end to the mayoral vote when returning officer, general manager Laura Black, made a crucial error in conducting the deciding ballot.

With the third round of voting tied 4-4 – Cr Lynne Cairns had abstained – the election was decided by lot, with the first name drawn supposed to be declared the winner.

Instead Ms Black ruled the first name drawn, incumbent mayor Ray Smith, eliminated and announced Cr Johnstone as mayor.

It was subsequently confirmed the procedure was wrong and this morning Cr Johnstone informed council of his resignation, triggering a fresh mayoral election.

Councillors have been convened for an extraordinary meeting at Maclean at 12.30pm today, where it is expected a new vote will be held.

There has also been a flurry of activity behind the scenes, including discussions about the position of the general manager.

Council sources, who asked not to be named, say votes have been promised on the basis of actions relating to Ms Black’s future.

Cr Johnstone neither confirmed nor denied those claims.
“As far as I’m concerned there is a new election for mayor today and that’s my sole concern,” he said.
Cr Johnstone confirmed he would again be a candidate.
He said he believed the “best and fairest” way to resolve the situation was to resign and allow a fresh election to be held.
He said attempting to return to yesterday’s vote and ballot could open avenues for legal challenges and unnecessarily complicate the situation.
Cr Cairns, whose decision to abstain from yesterday’s third round produced the 4-4 deadlock, said there was a good chance she would participate in today’s election.
If she does, another 4-4 deadlock should be avoided.

Earlier

Mayoral vote farce names wrong mayor

Clarence Valley Council’s mayoral election descended into farce today when the wrong candidate appears to have been declared elected.
After three rounds of voting, Ray Smith and Peter Johnstone were tied 4-4, meaning the result had to be decided by drawing a name from a hat.
Just before the draw, Cr Greg Clancy asked general manager Laura Black, the returning officer, to clarify that the name drawn would become Mayor rather than be eliminated.
“No, it’s the elimination,” Ms Black replied.
Cr Smith’s name was then drawn. Ms Black eliminated him and declared Cr Johnstone Mayor.
The problem is Cr Clancy was right.
Council’s own report on the election says that when the final two candidates are tied, their names are placed on slips and one drawn at random, with “the candidate whose name appears on the drawn slip” declared elected.

That report was prepared within the GM’s department and reviewed by the general manager.
Cr Johnstone was candid when interviewed after the meeting.
He said the process had been confusing because earlier draws had been used to eliminate candidates tied on the lowest vote.
But he expects Cr Smith will ultimately be returned as Mayor.
Cr Johnstone said he held out only a faint hope that provisions in the Code of Meeting Practice allowing some procedural errors to be overlooked might allow the declared result to stand.
Cr Smith has not yet commented.
Councillors now expect a rescission motion may be required, either at a special meeting or the next ordinary meeting, with the Office of Local Government to be consulted.
The remarkable thing is that the correct procedure was in council’s own report — and Cr Clancy specifically identified it immediately before the deciding draw.
He was told he was wrong.
He wasn’t.

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And even the man subsequently declared Mayor expects Ray Smith will end up with the job.
Ray Smith was contacted for comment but had not responded at the time of publication.