ELECTORAL ACT 1985
Table of Provisions
PART 1--Preliminary
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
Division 2--Electoral subdivisions
Division 3--District returning officers
- 16 The district returning officers
- 17 Duty to assist public
Division 4--District 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
Division 3--Revision of the rolls
Division 4--Keeping, printing and inspection of the 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
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
PART 9--Voting
Division 1--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
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
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
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 The Parliament of South Australia enacts as follows: