See also: The Islander did not publish council candidate Nada Clark’s answers, so here they are — 2014.10.19

Kangaroo Island council electors will start voting by mid-October for council and mayor.

In a previous post, “The strange injunction from the mayor on candidate Walkom — 2014.09.20“, it was revealed that an unbelievable trick was being used to rig the election game (by the way, the Electoral Commission, in its haughty inertia, is considering maybe doing something… In the mean time, while the campaign is being run, candidate for mayor, Cr Walkom, can still only access council matters through… his opponent, Cr Clements !).

But there seems to be no depth limit to the sludge in Kangaroo Island politics, as one can see from the following.

Nada Clark, Registered Nurse at the Kingscote Hospital, is one of the thirteen candidates to Kangaroo Island council. On the basis of… gossip, her nomination got tagged, in bold red, on the official KI council page entitled Local Election Progress Update, dated 22nd September 2014:

[https://www.kangarooisland.sa.gov.au/webdata/resources/news/Electoral%20Update%2017%20September%202014.pdf]

4. Nada Clark (Candidate has decided not to run).

This untrue annotation was also added to the candidate’s profile displayed on the council’s public notice board…

And finally the mention “Candidate has decided not to contest this election” was on the “Council Matters” newsletter, dated 2014.09.25, as authorised by council CEO Andrew Boardman.

This imprudent, repeated and manipulative piece of fiction being authorised by Gerard Snowball, Council Liaison Officer. Here’s the email exchange that followed between him and candidate Nada Clark:

From: Gerard.Snowball@kicouncil.sa.gov.au
To: nadaclark@hotmail.com
CC: ECSADRO.KangarooIsland@sa.gov.au
Subject: RE: Kangaroo Island Council Web Site
Date: Tue, 23 Sep 2014 01:01:51 +0000

Dear Ms Clark;

My apologies.

Last Thursday an ECSA Official informed me that you had requested to withdraw your Nomination and that you were subsequently informed that, as the nomination period had closed, this was not possible. I was further informed that you had then determined that you would not contest the election. As such, I included that information on the Elections Update to ensure that the voters were aware of your, apparent, position.

I received additional information this morning from another ECSA Official, who informed me of your changed situation. I have, as such, amended the website accordingly and it now shows that you are an active Candidate.

I wish you all the very best and welcome you to contact me directly, as can all Candidates, if you have any questions, concerns or points for clarification.

Regards

Gerard Snowball
Community Liaison Officer
2014 Local Government Elections
Ph: (08) 8553 4509
Fax: (08) 8553 2885
Email: Gerard.Snowball@kicouncil.sa.gov.au
Web: www.kangarooisland.sa.gov.au
PO Box 121 | 43 Dauncey St, Kingscote SA 5223

Dear Mr Snowball,
I can not accept your apology. If this is how the Kangaroo Island Council and Electoral Commission SA  operate I find this totally unacceptable and inappropriate.  You did not even have the decency to confirm this information with me and this has now been publicly promoted not only on the KI Council’s official web site but by yourself at the local football and to the local media editor, to obviously cause me harm.
I have not changed my mind as you suggest. My conversation with the Electoral Commission Officer was private and seeking general information. No agreement or undertaking was made by either party.
I  therefore expect nothing less than Council publishing a public apology in “The Islander” and on KI Council Election Web (both locations) where the incorrect information was published.
You should take this as a formal complaint unless this apology is made.
Sincerely, Nada Clark

*******

Webmaster:

For information, and as a kind reminder to any one who wants to further rig the elections during the next few weeks:

South Australia Local Government (Elections) Act 1999

28—Publication of misleading material
(1) If—
(a) electoral material contains a statement purporting to be a statement of fact;
and
(b) the statement is inaccurate and misleading to a material extent,
a person who authorised, caused or permitted the publication of the material (the
publisher) is guilty of an offence.
Maximum penalty: $5 000.
(2) It is a defence to a charge of an offence against subsection (1) for the defendant to
prove—
(a) that he or she took no part in determining the contents of the material; and
(b) that he or she could not reasonably be expected to have known that the
statement to which the charge relates was inaccurate and misleading.
(2a) If the Electoral Commissioner is satisfied that published electoral material contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the publisher to do 1 or more of the following:
(a) withdraw the material from further publication;
(b) publish a retraction in specified terms and a specified manner and form,
(and in proceedings for an offence against subsection (1) arising from the material, the
publisher’s response to a request under this subsection may be taken into account in
assessing any penalty to which the publisher may be liable).
(3) This section applies to material published by any means (including radio or
television).

Part 12—Illegal practices

58—Dishonest artifices

(2) A person who dishonestly influences or attempts to influence the result of an election or poll is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for one year.