Hat-draw to decide mayoral contest ends in confusion - ABC News & Headlines – Australian Broadcasting Corporation

A simple solution became a complex debate among Clarence Valley councillors who tried to use the sortition method to choose a mayor. (ABC News)

Clarence Valley Council met this week to elect a mayor but the vote was tied, triggering a regulation that stipulates the winner be decided by lottery.

The names of the two candidates were put in a hat and one was drawn out, but there was disagreement about whether that person had won or been eliminated.

The council will seek legal advice before holding a fresh vote.

Imagine deciding who would become prime minister or premier by drawing a name out of a hat.

As unbelievable as the scenario may sound, it can be a reality in local government.

The election of a mayor for the Clarence Valley, in northern NSW, descended into a farce this week when four-four tied vote led to an attempt to determine the winner by just such a method.

But a problem arose when those involved could not agree whether the name drawn out of the hat was the winner, or the person eliminated.

Dominic O'Sullivan said those involved should have had a clear understanding of the process. (Supplied: Charles Sturt University)

Charles Sturt University political science professor Dominic O'Sullivan said it was an unusual situation, but the confusion could have been avoided.

"It does happen from time to time and that's why this procedure of drawing names from a hat is stipulated,” he said.

“In some elections it might be the tossing of a coin.

"A very simple Google search by any member of the public will find the fact sheet from the NSW government that explains how all this is supposed to work.

"I think the confusion arose because the returning officer misinterpreted the regulation and said the name drawn out was the person to be eliminated. That's not correct.

"The fact that neither that the general manager, who was acting as returning officer, nor a single councillor seems to have understood the process is slightly odd and unusual.

“People need to be better prepared than obviously was the case in this instance."

Councillor Peter Johnstone, who was installed as Clarence Valley Mayor earlier this week, has now resigned from the position.

The eight councillors who voted in the ballot. (Supplied: Clarence Valley Council)

The council has released a statement saying councillors had “resolved to seek legal advice within 14 days to ensure the process for electing a Mayor to fill the vacant position complies with all procedural and legal requirements”.

Dr O'Sullivan had some advice for them to consider before the next round of voting.

"The lesson for that council next time is 'read the rules,'” he said.

"I think voters in the Clarence Valley are entitled to expect a bit better than that.”