Victoria

Mar 8, 2017

Should Melbourne Council just hold completely new elections?

I gave the judge, who is also president of VCAT, a 4000-word submission opposing the move to remove City of Melbourne councillor Michael Caiafa, writes Stephen Mayne.

Stephen Mayne — Journalist and Founder

Stephen Mayne

Journalist and Founder

Victorian Electoral Commissioner Warwick Gately sat through two hours of hearings at the Victorian Civil and Administrative Appeals Tribunal (VCAT) yesterday as his lawyers strongly recommended Supreme Court judge Greg Garde make the unprecedented decision of removing a sitting City of Melbourne councillor, Michael Caiafa, four months into his term, based on a recount.

The judge himself said this had never happened before, at any level of Australian politics.

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5 comments

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5 thoughts on “Should Melbourne Council just hold completely new elections?

  1. [email protected]

    Michael Caiafa had 7% support where and team Doyle had 38% support On Stephen Mayne’s assessment of our preferential system is flawed in logic and missing key facts.

    Mayne failed to mention the flaws in the way the vote is counted, and the fact that the Green vote is inflated disproportionately to their original value In the original count the Greens ticket vote was inflated by over 2000 votes heir original value In the recount the Greens was not as high The Greens having preferenced Michael Caiafa ahead of Team Doyle’s Susan Riley.

    Mayne also failed to mention that there was a sizable number of voters who voted for Women candidates ahead of male candidates With Brooke Wandin no longer in the count these votes flowed to Susan Riley giving her the lead over.

    The other fact not taken into consideration by Stephen Mayne is the adoption of the Droop Quota where 10% of votes all into Wasted Quota basket.

    Failing a full reelection a recount was the correct decision. Under the current riles Michael Caiafa would not have been elected had Brook Wandin not stood. There is no reason why he should retain his position.

    Mayne should be supporting calls for a Parliamentary inquiry into the counting system and removing the outdated flaws in the way the vote is counted.

    We need to adopt a full proportional reiterative count such as the Wright System or Meek.
    Under a reiterative count without the Droop Quota Jackie Watts who had just 5% of the vote would not have been elected

    1. David Simpson

      I’m sorry, could you please write in what most people understand as English grammar? Maybe it’s Just Me, but a lot of what You Say seems to be Incomprehensible.

      1. [email protected]

        David what don’t your understand apart from how the vote is counted.

      2. [email protected]

        David what don’t your understand apart from how the vote is counted.

        I will try to explain it again.

        The decision of the VCAT to undertake a recount is a correct decision (As determined by the High Court) The proposals put forward by Stephen Mayne are outcome based and not based on principle of law. (Read the VCAT)

        Having resolved that an original count was tainted in that Brook Wandin had entitlement to stand and a recount is required then the only option is to apply the results of the recount in determining the outcome of the election.

        This is here the flaws in the way the vote is counted begin to show up.

        The system uses what is referred to as the Droop ‘Wasted’ Quota where the vote is divided by the number of vacancies plus one to determine who is elected. In the City Melbourne case there are nine positions to be filled making the Quota 10% The remaining 10% is wasted it sits on the table.

        On the 2016 CoM there were two candidates that end up close to the 10% quota at the end of the original count .

        IN addition to the droop Quota there are a number f distortoons in teh way the vote is counted and the results calculated. These distortions including the were Droop Quota were introduce to facilitate a manual counting system.

        The Greens have a surplus of 43 votes which later in the count is increased by up to 2000 additional votes disproportionately at the expense of other candidates votes. This is because the surplus value is calculated y the number pf ballot papers and not the value of the vote (This is referred to the non weighted and weighted Gregory Transfer System) It is outdated and as we have discovered can produce a different result in the election count.

        In the CoM election the Droop Quota and the method of calculating the Surplus Transfer value give rise to the change in the result of the election.
        In a pure proportional reiterative count a candidate if elected would not be un-elected in a recount this on;y comes about as a result of the distortions in the way the vote is counted. if we apply the method of filling a casual vacancy via count back the system gets even worst. (I will avoid explaining in detail those flaws to try and keep it simple for you)

        If you look at the published count sheet and analyze the results. Michael Caiafa had around 7% primary Vote whilst team Doyle had 38%

        A signficant number of voters below the line preferences female candidates ahead of male candidates. With Brooke Wandon removed from the count these votes flow to Susan Riley. This reduced the surplus of Nic Gilies and also reduced the extent of the Greens vote being inflated as a result of the method of calculating the surplus transfer t also tips the balance in favour of Susan Riley ahead of Michael Caiafa.

        As I have tried to explain the system and method of calculating the results of the election is seriously flawed and in need of review. Stephen Mayne should be aware of this fact, yet he does not mention it in his submissions which is designed more to bring about his preferred outcome not the voters choice.

        The Victorian Parliament’s Electoral matters Committee has charter over Municipal Elections and is the best body to undertake a inquiry and review into the way the vote is counted. If Mayne wants to fix the system then he should be calling and supporting into the way the vote is counted not trying to tweek the law to suite his preferred outcome in this single case.

  2. [email protected]

    Below is the ‘Above the line’ Ticket Flow for candidates still in the race at the end of the count.
    Note: Stephen Mayne’s Ticket flows to TD before AIV and Phil Cleary’s ‘PC’ ticket

    MARCUS FIELDING – SERVING MELBOURNE WITH INTEGRITY > TMO > PC > TD > TM > TD > AIV > GRN
    MELBURNIAN VOICE > AIV > GRN > TMO > PC > TD > TM > TD
    TOGETHER MELBOURNE > TM > GRN > TMO > AIV > TD > PC > GRN
    ANIMAL JUSTICE PARTY > GRN > AIV > TMO > PC > TM > TD
    LISTENING TO LOCALS > TMO > PC > GRN > TM > AIV > TD
    AN INDIGENOUS VOICE ON COUNCIL > AIV > GRN > TMO > PC > TM > TD
    THE HERITAGE AGENDA > TMO > TD > PC > GRN > AIV > TM > TD
    STEPHEN MAYNE > GRN > TM > GRN > TD > TMO > TD > AIV > PC > TD
    THE GREENS > GRN > AIV > PC > TMO > TM > TD
    TEAM MORGAN – A CITY THAT WORKS > TMO > PC > TM > AIV > GRN > TD
    THE LIGHT ON THE HILL TEAM > TD > PC > AIV > TMO > GRN > TM
    TEAM DOYLE > TD > AIV > GRN > TM > GRN > PC > TMO
    PHIL CLEARY MEANS BUSINESS > PC > TMO > GRN > TM > AIV > GRN > TD
    STRENGTHENING MELBOURNE > GRN > AIV > PC > TMO > TM > TD

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