South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 62

62—Printing of descriptive information on ballot papers

        (1)         Subject to this section, where an application is made under this section by or on behalf of a candidate—

            (a)         to have the registered name of a registered political party printed adjacent to the candidate's name on the ballot papers for use in the election; or

            (b)         to have a composite name consisting of the registered names of 2 registered political parties printed adjacent to the candidate's name on the ballot papers for use in the election; or

            (c)         to have the description "Independent" printed adjacent to the candidate's name on the ballot papers for use in the election; or

            (d)         to have a description consisting of the word "Independent" followed by not more than 3 additional words printed adjacent to the candidate's name on the ballot papers for use in the election,

the ballot papers must be printed accordingly.

        (1a)         An application under subsection (1)


can only be made—

            (a)         by the candidate to whom the application relates; or

            (b)         if the candidate is a member of a registered political party and has given an appropriate written authorisation to the registered officer of that party—by that registered officer.

        (2)         An application under subsection (1)



            (a)         must be in a form approved by the Electoral Commissioner; and

            (b)         must be signed by the candidate or the registered officer authorised to act on the candidate's behalf; and

            (ba)         in the case of an application signed by a registered officer on behalf of a candidate—must be accompanied by the appropriate written authorisation signed by the candidate; and

            (c)         in the case of an application for printing the name of a registered political party or a composite name consisting of the registered names of 2 political parties—

                  (i)         must contain a declaration, signed by the registered officer of the political party or each of the political parties, stating that the party supports the application; and

                  (ii)         if the registered political party has more than one registered name—must specify which of those names is to be printed in the ballot paper in pursuance of the application; and

                  (iii)         if the application is for the printing of a composite name—must specify the form of the composite name; and

            (d)         where the name of the candidate is to be included in a group—must be in the form of an application made by or on behalf of all members of the group for the printing of the same name or description adjacent to the name of each member of the group (and, in the case of an application made on behalf of all members of the group, must be accompanied by the appropriate written authorisation signed by all of the members of the group); and

            (e)         must be received by the Electoral Commissioner not later than the hour of nomination.

        (3)         The Electoral Commissioner may reject an application under subsection (1)(d)


if—

            (a)         the description to which the application relates is, in the opinion of the Electoral Commissioner, obscene or frivolous; or

            (b)         the word or words constituting the description could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6


because of the operation of section 42(2)(e)


or (3)(b)


, other than where the application includes a declaration (in the form determined by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party and states that the party supports the application.

        (4)         A decision of the Electoral Commissioner to accept or reject an application under subsection (1)(d)


is final and conclusive and not subject to review or appeal.



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