Electoral Act 1985 (SA)

South Australia Electoral Act 1985 An Act to regulate the conduct of parliamentary elections; and for other purposes.

Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—Administration Division 1—The Electoral Commissioner and Deputy Electoral Commissioner 5 Appointment of Electoral Commissioner and Deputy Electoral Commissioner 6 Acting appointments 7 Remuneration and conditions of office Division 2—The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner 8 Powers and functions of the Electoral Commissioner 9 Delegation 10 Duties of the Deputy Electoral Commissioner Division 3—Staff of the Electoral Commissioner 12 Staff 13 Candidates and persons holding official positions in political parties not to be electoral officers Part 3—Electoral districts and subdivisions Division 1—Electoral districts 14 Electoral districts Division 2—Electoral subdivisions 15 Electoral subdivisions Division 3—District returning officers 16 The district returning officers 17 Duty to assist public Division 4—District polling places 18 Polling places Part 4—Electoral rolls Division 1—District and subdivisional rolls 19 District and subdivisional rolls Division 2—Information to be contained in rolls 20 Information to be contained on the roll 21 Suppression of elector's address Division 3—Revision of the rolls 22 Revision of the rolls 23 Rolls to be kept up to date Division 4—Keeping, printing and inspection of the rolls 24 Rolls to be kept by computer 25 Printing of rolls 26 Inspection and provision of rolls Division 5—Power to require information 27 Power to require information Division 5A—Provision of certain information 27A Provision of certain information Division 6—Joint Commonwealth-State arrangements 28 Collaboration with the Commonwealth Part 5—Enrolment Division 1—Entitlement to enrolment 29 Entitlement to enrolment Division 2A—Itinerant persons 31A Itinerant persons Division 3—Compulsory enrolment and transfer 32 Making of claim for enrolment or transfer of enrolment 32A Notification of transfer within the same subdivision 32B Enrolment or transfer of enrolment Division 4—Objections 33 Right of objection 34 Elector to have opportunity to be heard on objection 35 Determination of objection Part 6—Registration of political parties 36 Definitions and related provisions 37 Registration of political parties 38 Register of Political Parties 39 Application for registration 40 Order in which applications are to be determined 41 Publication of notice of application 42 Registration 42A Registered officers 43 Changes to Register 43A Annual returns and other inquiries 44 Voluntary de-registration 45 De-registration of political party 46 De-registration 46A False statements 46B Membership information to be confidential Part 7—Writs for elections 47 Issue of writ 48 Contents of writ 49 Deferral of election 50 Failure of election Part 8—Preparations for an election Division 1—Nomination 51 Candidates must be nominated 52 Qualifications of candidate 53 Multiple nominations of candidates endorsed by political party 53A Nomination of candidate by a person 54 Declaration of nominations 55 Proceedings on nomination day 56 Death of candidate after nomination 57 Deposit to be forfeited in certain cases Division 2—Ballot papers Subdivision 1—Ballot papers for a Legislative Council election 58 Grouping of candidates in Legislative Council election 59 Printing of Legislative Council ballot papers Subdivision 2—Ballot papers for a House of Assembly election 60 Ballot papers for House of Assembly elections 60A Voting tickets Subdivision 3—Ballot papers generally 61 Form of ballot papers 62 Printing of descriptive information on ballot papers 64 Photographs of candidates Division 3—Establishment and staffing of polling booths 65 Properly staffed polling booths to be provided 66 Preparation of certain electoral material Division 4—Scrutineers 67 Appointment of scrutineers Division 5—Certified list of electors 68 Certified list of electors Part 9—Voting Division 1—Entitlement to vote 69 Entitlement to vote 70 Errors etc in roll not to forfeit entitlement to vote Division 2—General provisions as to voting 71 Manner of voting 72 Questions to be put to person claiming to vote 73 Issue of voting papers 74 Issue of declaration voting papers by post or other means 74A Offence to distribute application form for issue of declaration voting papers 75 Fresh ballot paper may be issued where ballot paper spoiled Division 3—Indication of vote 76 Method of voting at elections Division 4—Voting at polling booths 77 Times and places for polling 78 Right of elector to receive ballot paper 79 Vote to be marked in private 80 Voter may be accompanied by an assistant in certain circumstances 80A Voting near polling booth in certain circumstances 81 Voting by elector to whom declaration voting papers have been issued Division 5—Declaration voting 82 Declaration vote, how made 83 Taking of declaration votes by electoral visitors 84 Security of facilities Division 5A—Electronically assisted voting for sight‑impaired electors 84A Electronically assisted voting for sight‑impaired electors 84B Applying provisions of Act to elector using electronic assisted voting 84C Electoral Commissioner may determine that electronically assisted voting is not to be used Division 6—Compulsory voting 85 Compulsory voting Division 7—Miscellaneous 86 Presiding officer may appoint substitute 87 Ballot boxes or other facilities to be kept secure 88 Adjournment of polling Part 10—The scrutiny Division 1—Preliminary 89 Scrutiny 90 Scrutineers 91 Preliminary scrutiny Division 2—Interpretation and validity of ballot papers 92 Interpretation of ballot papers in Legislative Council elections 93 Interpretation of ballot papers in House of Assembly elections 94 Informal ballot papers Division 3—Counting of votes 95 Scrutiny of votes in Legislative Council election 96 Scrutiny of votes in House of Assembly election Division 3A—Computer vote counting in Legislative Council elections 96A Application of Division 96B Approval of computer program 96C Protection of approved computer program from interference 96D Use of approved computer program in election 96E Manual counting of votes not prevented Division 4—Re-count 97 Re-count Part 11—The return of the writs 98 Return of writ for election of members of the Legislative Council 99 Declaration of poll and return of writs for House of Assembly Part 12—Reviews and Court of Disputed Returns Division 1—Reviews 100 Reviewable decisions 101 Review by Electoral Commissioner or Tribunal Division 2—Disputed elections and returns 102 Method of disputing elections 103 The Court of Disputed Returns 104 Requisites of petition 105 Respondents to petitions 106 Principles to be observed 107 Orders that the Court is empowered to make 108 Decisions to be final Part 13—Offences Division 1—Bribery, undue influence etc 109 Bribery 110 Undue influence 111 Interference with political liberty Division 2—Electoral advertisements, commentaries and other material 112 Publication of electoral advertisements, notices etc 112A Special provision relating to how‑to‑vote cards 112B Certain descriptions not to be used 113 Misleading advertising 114 Heading to electoral advertisements 115 Limitations on display of electoral advertisements 115A Automated political calls 116 Published material to identify person responsible for political content 116A Evidence Division 3—Offences related to the conduct of an election 117 Candidates not to take part in elections 118 Persons present at polling 119 Offender may be removed from polling booth 120 Secrecy of vote 121 Conduct of officers, scrutineers etc 122 Cards in polling booth 123 Witnessing electoral papers 124 Other offences relating to ballot papers etc 125 Prohibition of canvassing near polling booths 126 Prohibition of advocacy of forms of voting inconsistent with Act 127 Failure to transmit claim 128 Forging or uttering electoral papers 129 Protection of the official mark Division 4—Employers 130 Employers to allow employees leave of absence to vote Part 13A—Election funding, expenditure and disclosure Division 1—Preliminary 130A Interpretation 130B Objects of Part 130C Application of Part Division 2—Agents 130D Interpretation 130E Appointment of agents by parties, candidates and groups 130F Third parties may appoint agents 130G Requisites for appointment 130H Registration of agents 130I Termination of appointment of agent 130J Responsibility for action in case of political parties Division 3—State campaign accounts 130K Requirement to keep State campaign account 130L Gifts to be paid into State campaign account 130M Payments into State campaign account 130N State campaign account to be used for political expenditure Division 4—Public funding of candidates and groups for elections 130O Interpretation 130P General entitlement to funds 130Q Payment not to be made or to be reduced in certain circumstances 130R Making of payments 130S Death of candidate Division 5—Special assistance funding for political parties 130T Preliminary 130U Entitlement to and claims for half yearly entitlement to special assistance funding 130V Making of payments 130W Special assistance funding not to be used for political expenditure Division 6—Limitations on political expenditure 130X Interpretation 130Y Application of Division 130Z Expenditure caps 130ZA Prohibition on political expenditure in excess of expenditure cap during capped expenditure period 130ZB Regulation of political expenditure by parties and candidates endorsed by parties 130ZC Prohibition on arrangements to avoid applicable expenditure cap Division 7—Disclosure of donations 130ZD Interpretation 130ZE Division not to apply to gifts returned within 6 weeks 130ZF Returns by certain candidates and groups 130ZG Gifts, loans to candidates etc 130ZH Gifts to relevant entities 130ZI Special reporting of large gifts 130ZJ Certain gifts not to be received 130ZK Certain loans not to be received 130ZL Limitation on entry fees for certain events Division 8—Returns 130ZM Interpretation 130ZN Returns by registered political parties 130ZO Returns by associated entities 130ZP Returns by third parties 130ZQ Returns relating to political expenditure during capped expenditure period 130ZR Annual returns relating to political expenditure 130ZS Annual returns relating to gifts received for political expenditure 130ZT Related matters Division 9—Related matters 130ZV Audit certificates 130ZW Auditor to give notice of contravention 130ZX Electoral Commissioner to determine manner in which returns to be furnished 130ZY Public inspection of returns 130ZZ Nil returns 130ZZA Records to be kept 130ZZB Investigation etc 130ZZC Inability to complete returns 130ZZD Amendment of returns 130ZZE Offences 130ZZF Non‑compliance with Part does not affect election 130ZZG Appropriation 130ZZH Regulations Part 14—Miscellaneous 131 Signature to electoral paper 132 Injunctions 133 Disqualification for bribery and undue influence 134 Service by post 135 Preservation of ballot papers 136 Offences committed with connivance of person other than offender 138 Exemption from stamp duty 139 Regulations Legislative history