An Ashburton District Councillor of six years wants a tweak to election laws after his nomination for the next council was turfed out on a technicality.
Russell Ellis said he handed his application in 24 hours before it was due. Photo: AFP or licensors
Russell Ellis didn't know one of his nominators was no longer in his ward, because of a change in the district's electoral boundaries - now he's lamenting the end of his political career, and looking at what changes can prevent it happening to others.
Mr Ellis said he handed his application in 24 hours before it was due, and the issue wasn't picked up by the electoral officer who checked it.
Neither did one of his nominators, Stuart Cross, whose only indication of an electoral boundary change was a letter, which arrived hours before nominations closed.
"Like all mail, you don't sit at the mailbox waiting to open it. I didn't read it until after nominations closed. But even then the letter was a generic letter to all people close to an area that was affected by a boundary change," Mr Cross said.
"It didn't inform me that we were going to be changing from the Ashburton ward to the eastern ward because we live within 250m of the town boundary."
Four days later Mr Ellis said he was phoned up and told the application was invalid. He met with legal experts who told him there was no appeal process, and nothing he could do to stay in the running.
"It's pretty life-changing. I've made some big plans around standing again and geared my life around that ... so for it all to be turfed out on a technicality, a clerical error- it's quite tough," he said.
"I would like to try and make some change happen so that this never happens to anyone else. My problem is I'm actually very passionate about council and enjoy it and see that I can make a difference for our district."
Incumbent Ashburton Mayor Donna Favel has sought advice from Local Government NZ about the situation. She said she wanted to know if there was any way to overturn the decision or make the rules more flexible after an electoral boundary change.
"Democracy is at its best it is of the people by the people for the people. This process and the way its panned out, to be honest just doesn't feel like democracy," she said.
"Russell Ellis has been a strong, hardworking, popular, talented councillor. He's contributed constantly and is impressive around the council table and has the best interests of the community at heart, which is why the situation is even more difficult."
But Mr Ellis isn't alone - in Invercargill, a computer error ended Ria Bond's bid for mayor.
The address of one of her nominators hadn't updated in the electoral commission's database, despite that nominator sending a letter in six months prior.
Ms Bond had intentionally waited to be the last applicant, so there was no time to get it fixed.
"I was left standing there in shock," she said.
Ms Bond said she had left her existing job at the council and spent six months preparing, making billboards and decking out her car with 'back Bond for Mayor'.
She also wants a change in the rules, like better checks and balances for registering postal changes of address with the electoral commission and an appeal process when things go wrong.
"When you can prove there's been a technical glitch in the system, and it's not been your fault - you need the right to have an appeal," she said.
"Lack of foresight to things like these can actually really effect people's lives and the potential for people to vote for different candidates at the local body elections."
In a statement, Local Government Minister Nanaia Mahuta declined to comment on the specific cases, but confirmed there was no appeal mechanism for rejected nominations.
She said it was the candidate's responsibility to ensure their nomination is in order "including that nominees reside in the relevant local government area".
She said it was the electoral officer's obligation not to accept invalid applications, under Section 55 of the Local Electoral Act.
Mr Ellis said had approached local MPs to see when there might be an opportunity to amend the rules.
