Victoria Changes Rules for Local Council Members Running in Elections

ABC Mildura-Swan Hill

Topic: Local Government

Friday, 7 August 2026, at 9:58 am

Victoria is changing the rules for local council members who want to run in state or federal elections.

In short:

New laws will require council members to step down or take leave if they run for state or federal parliament.

The rules will be different depending on whether a candidate is chosen by a party or runs independently.

What's next?

The new rules will apply to elections held on or after January 1, 2027.

Currently, council members in Victoria do not have to step down during an election.

Under the current law, a council member is not breaking the law as long as they keep their election campaign and council work separate.

The new changes will make it clear what council members must do.

What are the rules?

Right now, there is only one set of guidelines for council members running in state or federal elections, and it is not mandatory.

The guidelines suggest that council members should take a leave of absence from their council work when they become a candidate.

This can help council members avoid conflicts of interest and the appearance of misusing their position and council resources.

In other parts of Australia, like New South Wales, Western Australia, South Australia, and Tasmania, council members are not required to take leave, and the arrangements are managed by council policies or guidance.

But under the proposed changes, council members would have to take a leave of absence once they officially become a candidate.

Mayors and deputy mayors would also have to step down earlier, and all council members would have to tell the chief executive which election they are running in and when they declared their candidacy.

If a council member is a member of a political party, they must do this as soon as possible after being chosen by the party.

If they are not a member of a party, they must do this as soon as possible after publicly saying they want to be a candidate.

If they fail to do this, they could be fined $25,092.

When a mayor or deputy mayor does this, the chief executive must decide they cannot do their duties, including acting as mayor.

They can remain a council member until they officially become a candidate with the Victorian or Australian Electoral Commissions.

The rules will only apply to elections held on or after January 1, 2027.

Kate Kendall stepped down as mayor of Macedon Ranges Shire Council to run for the Liberals in the state election.

Some Victorian council members have already resigned or said they will take a leave of absence to start campaigning for the state election.

They include Kate Kendall from Macedon Ranges Shire and Rochelle Halstead from Bass Coast Shire, who both resigned as mayors to start their campaigns.

Jo Armstrong from Ararat Rural City Council said she will take a leave of absence.

Managing conflicting duties

Labor MP Paul Hamer, who introduced the changes, said they would provide clear rules for council members to manage potential conflicts of interest during elections.

It is essential that councils keep working well during a state election, and the community knows who is representing the council and who is campaigning.

Mildura MP Jade Benham was mayor of Swan Hill Rural City Council before being chosen by the Nationals as a candidate in 2022.

She was chosen in late May 2022 and stepped down as mayor in early July, before the election in November.

She said there were no clear guidelines at the time.

Jade Benham says the changes are long-awaited.

It was vague, and there was no real advice.

It is hard to distinguish between campaigning and not campaigning, especially when you are in a public role.

Ms Benham questioned what a public declaration means for mayors and deputy mayors who are not members of a party.

What problem does it solve?

Mildura Mayor Ali Cupper served in the previous Victorian parliament before losing her seat to Ms Benham.

She wants to run in the upcoming Victorian election and stay as mayor until she starts campaigning.

Ms Cupper said the proposed rule to make mayors and deputy mayors step down is too much.

Ali Cupper says she does not know what problem the proposed rules are trying to solve.

She said mayors and deputy mayors should be able to choose when to start campaigning.

Ms Cupper said the new rules seem inflexible and could limit people from taking on mayoral or deputy mayoral roles.

Community leaders want to do community leadership.

If they are good at their job and act in good faith, why put barriers in their way?

Problematic timelines

Election analyst Kevin Bonham said it is a problem for candidates to campaign while being mayor or deputy mayor.

They have divided loyalties and may not be able to do their full work.

Kevin Bonham says the changes could eliminate some problems.

Mandating mayors and deputy mayors to step down could delay or speed up the start of a campaign.

There might be cases where candidates wait to declare their candidacy so they do not have to take leave.

Local Government Minister Tim Richardson was contacted for comment.

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