A local council in northern New South Wales finds itself in a state of administrative limbo after a botched mayoral election concluded with a “hat trick” gone wrong. The Clarence Valley Council is now without a leader following a bungled tie-break procedure that saw the wrong candidate declared the winner.
The confusion erupted during a ballot earlier this week between councillors Peter Johnstone and Ray Smith. After the two candidates finished with an equal number of votes, the council’s general manager and returning officer, Laura Black, moved to resolve the deadlock by drawing a name from a container—a process legally mandated to determine a winner by lot.
However, in a critical error, Black informed those present that the name drawn from the container would be eliminated from the race. When she pulled Ray Smith’s name, he was immediately sidelined, and Peter Johnstone was declared the mayor.
The declaration was short-lived. Under NSW local government legislation, the rules for a tie-break are explicit: the name drawn in the final round is to be the winner, not the loser. By the council’s own admission, the procedure followed was the exact opposite of what the law requires.
“Prior to the draw taking place, the General Manager… mistakenly advised those present that the councillor whose name was drawn would be eliminated,” the council stated on Friday. “Cr Smith’s name was subsequently drawn and, based on that advice, Cr Johnstone was declared Mayor.”
The error forced Johnstone to resign from the position he had inadvertently occupied, pending a re-run of the election. While he initially anticipated a swift second vote, the process has been stalled as the council scrambles to seek legal guidance from the NSW Office of Local Government.
Johnstone, reflecting on the farcical nature of the proceedings, noted that the error was compounded by the informality of the equipment used. While the procedure is colloquially referred to as drawing names “out of a hat,” Johnstone admitted he was unsure if a hat was even involved.
“I have a feeling—and they’ve used something like this before—that it was actually a small box, almost like a shoebox,” he said. “It’s not actually a hat, that’s just a phrase.”
While waiting for the council to navigate the legal fallout, Johnstone has opted for a change of scenery. “I’m planning to go to the beach today,” he said. “Looking at the waves is very therapeutic!”
The council has confirmed it is awaiting advice on the appropriate remedial action, leaving the mayoral seat vacant until at least early October. In a final twist of uncertainty, Johnstone raised the possibility that because the returning officer officially declared him the winner at the time, the decision could potentially be viewed as binding, despite being fundamentally flawed.
For now, the Clarence Valley Council remains in a state of legislative uncertainty, waiting to see if their next attempt to choose a leader will be free of further gaffes.
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