ELECTORAL ACT 1907
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 4 Terms used
- 4AA Official agents for the appointment of scrutineers
PART II -- Administration
- 4A Western Australian Electoral Commission, nature of
- 5 Electoral Commissioner, office of established
- 5A Deputy Electoral Commissioner, office of established
- 5B Electoral Commissioner and Deputy Electoral Commissioner, appointment etc. of
- 5C Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of
- 5D Acting Electoral Commissioner etc., appointment of
- 5E Electoral Commissioner etc., other provisions as to
- 5F Electoral Commissioner, functions of
- 5G Electoral Commissioner, delegation by
- 5H Deputy Electoral Commissioner, functions of
- 6 Enrolment officers and returning officers, appointment of
- 7 Substitute for returning officer, appointment of
- 9 Returning officers, number of
- 10 Returning officer for district is deputy returning officer for whole of State electorate
- 13 Restriction on resignation of returning officer after issue of writ
- 14 Replacement of returning officer after issue of writ
- 15 Temporary assistants, appointment of
- 15A Officers to make declaration before acting etc.
- 16 People not eligible to be officer etc.
PART IIA -- Representation in Parliament
Division 1 -- Preliminary
- 16A Terms used
- 16B Electoral Distribution Commissioners, appointment of etc.
Division 2 -- Whole of State electorate and electoral districts
- 16C Whole of State electorate and representation
- 16D Electoral districts and representation
Division 3 -- Division of State into districts
- 16E Division of State into districts required after each general election for Assembly
- 16F Commissioners, functions of
- 16G Districts, how State to be divided into
- 16I Dividing State, matters Commissioners to consider when
- 16J District boundaries etc., Commissioners may modify etc.
- 16K Effect of notice under s. 16F(2)(f) as to division of State
- 16MA Map or maps of districts generated from digital or electronic record
- 16M One vote one value principle, absolute majorities required for Bills affecting
PART III -- Enrolment
Division 1 -- Qualification of electors
- 17 Who is entitled to be enrolled and vote
- 17A Enrolled voter leaving Australia but staying on Cwlth roll to stay on WA roll etc.
- 17B Elector with no fixed address on Cwlth roll, enrolment of on WA roll
- 18 People disqualified from voting and being enrolled
Division 2 -- Electoral rolls
- 19 Electoral rolls required
- 22 Form and content of rolls; when information can be omitted from printed etc. rolls
- 23 Rolls, arrangement of names on
- 24 Rolls, when to be printed and issued
- 25 Rolls, public inspection of
- 25A Enrolment information, provision to members of Parliament and parliamentary parties
- 25B Enrolment information, when available to others
- 25C Enrolment information may be given to government departments etc.
- 25D Enrolment information given under s. 25A, 25B or 25C, use of restricted
- 25E Enrolment information given under s. 25A, 25B or 25C, disclosure of restricted
- 26 Supplementary rolls, when to be printed and issued
- 27 Previous supplementary roll to be incorporated in subsequent one
- 28 Amalgamated roll, printing of
- 29 Rolls to be dated
- 30 Supplementary rolls to be numbered and dated
- 31 Arrangement with Cwlth for single enrolment procedure
- 31A Arrangement with Commonwealth for sharing of information for revision of rolls
- 31AB Revision of rolls in response to notification about Commonwealth rolls
- 31B Arrangement with Cwlth as to s. 51B requests
- 34 Rolls and documents, when not invalid
- 35 Public officers to give Electoral Commissioner etc. information
- 37 New rolls, when required etc.
- 38 Regulations as to preparation of rolls and compulsory enrolment
- 39 Electoral census, when required etc.
- 40 New rolls, rules for preparing
Division 3 -- Additions to rolls
- 41 When new names may be added
- 42 Claims, form etc. of
- 43 Claims of certain Cwlth electors to be taken to be in order
- 44 Claims, essential parts of
- 44A Enrolment of claimants and rejection of claims
- 45 Compulsory enrolment, offences as to etc.
- 46 Qualification of claimant considered insufficient or incorrect, enrolment officer’s functions as to
Division 4 -- Objections
Subdivision 1 -- To claims
- 47 Objections to claims
Subdivision 2 -- To enrolment
- 48 Objections to enrolment
Subdivision 3 -- Powers of Electoral Commissioner on appeal
- 49 Electoral Commissioner’s powers
Division 5 -- Miscellaneous
- 51 Removal of names repeated on roll and adjusting rolls
- 51A Incapacitated elector, removal of name of from roll etc.
- 51AA Removal of name following declaration by SAT etc.
- 51B Request for address not to be shown on roll
- 52 Alteration of rolls, Electoral Commissioner’s powers as to
- 53 Alteration to rolls, time for making
- 54 Alteration to roll, how to be made
- 55 Removing name from printed roll, manner of
- 56 Deaths in State, Registrar of Births etc. to notify Electoral Commissioner of
- 59 Certain prisoners and detained persons, Electoral Commissioner to be informed about
- 60 Changes to rolls required due to information given under s. 56 and
62A. Enrolment information may be recorded etc. on computer etc.
PART IIIA -- Registration of political parties
- 62B Scope of Part
- 62C Terms used
- 62CA Membership requirements for qualification as eligible political party
- 62D Register of political parties, Electoral Commissioner to keep etc.
- 62E Applications for registration
- 62F Variation of application, Electoral Commissioner may advise etc.
- 62G Public notice of application to be given etc.
- 62H Registration of political party
- 62HA Political party taken not to be registered for certain purposes
- 62I Parliamentary party existing at 21 Oct 2000, registration of as political party
- 62J Refusal of registration, grounds for etc.
- 62K Amendment of register
- 62KA Annual returns in relation to continued registration
- 62L Cancellation of registration
- 62M Public inspection and notice of register etc.
- 62N Review of decision under s. 62H, 62J or 62L
62O. False representation as to registration, offence
- 62P Information, Electoral Commissioner may request from party etc.
- 62Q Offences relating to information
- 62R Certificate of Electoral Commissioner is evidence
PART IV -- Elections
Division 1 -- Writs
- 64 General elections, issue of writs for
- 65 Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc.
- 67 Vacancy in Assembly, issue of writ for etc.
- 68 Writ deemed to be issued at 6 p.m. on day of issue
- 69 Writ, form and content of
- 69A Rolls, when closed after issue of writ
- 70 Last day for nomination, rules for fixing
- 71 Polling day, rules for fixing
- 72 Last day for return of writ, rules for fixing
- 74 Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc.
- 75 Advertisement of writ and other matters relating to election
- 76 Time fixed in writ, extending
Division 2 -- Nominations
- 76A Who is qualified to be elected as member of Parliament
- 76B Who is not qualified to be elected as member of Parliament
- 77 Nomination: candidates to nominate and invalid nominations etc.
- 78 Nomination: form and content of etc.
- 79 Nomination: when receivable by returning officer
- 80 Grouping of candidates
- 81 Nomination paper and deposit required for valid nomination
- 81A Party nomination, making and effect of
- 82 Nomination, withdrawal of
- 83 Nomination paper, effect of defects etc. in
- 84 Deposit by candidate, return or forfeiture of
- 85 Place of declaration of nominations; hour of nomination is noon on last day
- 86 Close of nominations procedure for single member election
- 87 Close of nominations procedure for Council election where relevant number more than one
- 87A Close of nominations, returning officer’s other duties as to
- 88 Death of candidate after nomination
- 89 Failure and partial failure of election, when occurs and consequences of
Division 3 -- Voting
Subdivision 1 -- Early and absent voting
- 90 Early ballot paper, application for and issue of etc.
- 91 Visiting an eligible elector to take vote
- 92 Early ballot paper, how to vote by means of
- 93 General early voter, registration of etc.
- 94 Authorised witnesses for this Division
- 95 Early ballot papers etc., offences as to
- 97 Spelling mistakes on early ballot papers, effect of
- 98 Officer’s decision to allow etc. early ballot paper, status of
- 99A Absent vote, who may make etc.
- 99B Regulations about early, absent and provisional voting
Subdivision 2 -- Technology assisted voting
- 99C Terms used
- 99D Electoral Commissioner may approve procedures for technology assisted voting
- 99E Record of vote
- 99F Independent auditing of technology assisted voting
- 99G Scrutineers
- 99H Counting of technology assisted votes
- 99I Secrecy relating to technology assisted voting
- 99J False or misleading statements in relation to technology assisted voting
- 99K Protection of computer hardware and software
- 99L Approvals must be published on the internet
- 99M Regulations relating to technology assisted voting
- 99N How this Act applies in relation to technology assisted voting
- 99O Electoral Commissioner may determine that technology assisted voting is not to be used
Subdivision 3 -- At the poll
- 100 Polling places etc., appointing etc.
- 100A Mobile portable ballot boxes at certain institutions and hospitals, provision of etc.
- 100B Mobile portable ballot boxes in declared remote areas, provision of etc.
- 101 Taking the poll, returning officer’s duties as to arranging
- 102 Taking the poll, returning officer’s particular duties as to arranging
- 102A Conjoint elections, appointments and directions for
- 104 Polling place, appointment of officers for
- 105 Substitute and assistant presiding officers, appointment and powers of
- 106 Absence of returning officer or presiding officer due to illness etc., consequences of
- 107 Polling place, subdivision of into sections
- 108 Licensed premises not to be used for polling place
- 109 Certain buildings to be used free
- 110 Separate voting compartments etc. at polling place required
- 111 Ballot boxes required at polling places
- 112 Rolls for use in election, provision of
- 113 Ballot papers, form and content of
- 113B Printing of Council ballot papers
- 113BA Assembly ballot papers, printing of
- 113C Political party names or “independent”, printing of on ballot papers
- 113D Claims etc. may be lodged with Electoral Commissioner
- 114 Scrutineers, appointment of etc.
- 115 Candidates not to conduct election; who can be in polling place etc.
- 116 Police may be summoned to keep order etc.
- 117 Polling, rules for conduct of
- 119 Person claiming to vote, questions for and declarations by etc.
- 120 Answers by person claiming to vote, consequences of
- 121 Elector’s answers are conclusive
- 122 Elector objected to with name marked under s. 47, voting by etc.
- 122A Person not on roll or struck off roll or on roll and cannot be found or struck out under s. 126, voting by etc.
- 123 No other answer or declaration required from elector; who can be excluded from voting
- 124 Right to vote despite error in roll or change of name on marriage
- 125 Ballot paper, procedure when delivering to elector
- 126 Roll to be marked on ballot paper being delivered
- 127 Elector’s duties on receiving ballot paper
- 128 How ballot paper to be marked by elector
- 129 Elector with disability etc., assistance for to vote
- 130 Ballot paper spoiled by elector, replacement of etc.
- 131 Adjourning polling due to riot etc.
- 132 Adjourning polling for other reasons
- 133 Voting at adjourned polling
Division 4 -- Counting of votes (general)
- 134 Count of votes, rules for conducting
- 135 Adjournment of count etc. to be announced
- 136 Before adjourning, ballot papers etc., to be sealed in boxes
Division 4A -- Scrutiny and count (Assembly elections)
- 136A Application of Division
- 137 Scrutineers, appointment of
- 138 Scrutineers, submissions by etc.
- 139 Informal ballot papers defined
- 140 Elector’s intention to be given effect
- 140A Some ballot papers with non-consecutive preferences can be formal
- 141 Counting places and assistant returning officers
- 142 Count of votes by assistant returning officers, procedure for
- 142A Early, absent and provisional votes, appointment of assistant returning officers for count of
- 143 Returning officer to ascertain number of votes for each candidate
- 144 Count of votes by returning officer, procedure for
- 145 Equal votes, procedure in case of etc.
- 146 Re-count, when may be conducted etc.
Division 4B -- Scrutiny and count (Council elections)
- 146A Application and construction of Division
- 146B Assistant returning officers, counting places etc.
- 146C Scrutineers, appointment of
- 146D Scrutineers, submissions by etc.
- 146E Informal ballot papers
- 146EA Formal votes for individual candidates
- 146EB Formal votes for groups
- 146EC Treatment of ballot papers of electors who have voted above the line
- 146G Count of votes by assistant returning officers, procedure for
- 146H Count of votes by deputy returning officer, procedure for
- 146I Count of votes by returning officer, procedure for
- 146J Re-count, when may be conducted etc.
Division 5 -- Declaration of poll and return of the writ
- 147 Declaration of poll and certification and return of writ
- 148 Election not to be questioned on certain grounds
- 149 Informality in election, Governor’s powers as to
- 149A Election of unqualified or disqualified person void
Division 6 -- After the poll
- 149B Term used: document
- 150 Statistical return and rolls, returning officer to send to Electoral Commissioner
- 151 Other election papers, returning officer to send to Electoral Commissioner
- 152 Election papers, how long to be kept for
- 153 Rolls used at election, candidate may require production of
- 154 Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted
- 155 Election papers, destruction of
- 155AA Election papers used for referendum etc., use of and destruction of afterwards
Division 7 -- Voting to be compulsory
- 155AB Terms used
- 156 Elector’s duty to vote; penalty and infringement notices, offences etc. for not voting
- 156AA Evidentiary certificate for s. 156 proceedings
PART IVA -- Filling vacancies in the Council
- 156A Terms used
- 156B Vacancy in Council, Governor to be notified of etc.
- 156C Electoral Commissioner’s duties when informed of vacancy; nominations of candidates for vacancy being filled by re-count
- 156D Vacancy being filled by re-count, procedure at close of nominations
- 156E Vacancy being filled by fresh election, writ for
PART V -- Disputed returns
- 157 Validity of election or return, how to dispute
- 158 Petition to Court of Disputed Returns, content of etc.
- 159 Return of writ, presumed date of
- 160 Security for costs, petitioner to give
- 161 No proceedings on petition unless it complies with law
- 162 Court’s powers on petition
- 163 Court’s duties etc.; roll and electors’ qualifications, status of
- 164 Bribery etc. by candidate or illegal practice, voiding election in case of
- 165 Illegal practice, Court to report to Electoral Commissioner
- 166 Delays and immaterial errors not to vitiate election
- 167 Court’s decision is final
- 168 Copies of petition etc. to be sent to House affected
- 169 Costs
- 170 Security for costs, how to be dealt with
- 171 Other costs
- 172 Court’s decision, effect of
- 173 Rules of Court for this Part
- 174 Election of MLC on re-count, application of this Part to
PART VI -- Electoral funding and disclosure of gifts, income and expenditure
Division 1 -- Preliminary
- 175 Terms used
- 175A Interpretation of this Part
Division 2 -- Agents
- 175B Agent of political party, appointment of
- 175C Agent of candidate, appointment of etc.
- 175D Agent of group, appointment of etc.
- 175E Appointment under s. 175B, 175C and 175D, eligibility for and notice of
- 175F Agent of political party, registration of
- 175G Agent of political party, appointment of has no effect if not on register
- 175H Agent of political party, removing from register
- 175I Agent of political party, evidence of appointment of
- 175J No agent of political party, who has Div. 3 duties in case of
- 175K Agent of candidate or group, revoking appointment of
- 175L Agent of candidate or group, notice of death or resignation of to be given
Division 2A -- Electoral funding
- 175LA Terms used and interpretation
- 175LB Election funding reimbursement amount, entitlement to
- 175LC Election funding reimbursement amount, calculation of
- 175LD Claim for payment, requirement for and making etc.
- 175LE Electoral Commissioner to determine claims
- 175LF Circumstances in which payment to be made
- 175LG Amount paid not to exceed electoral expenditure
- 175LH Payments, to whom to be made
- 175LI Decision as to payment, revoking and re-making
- 175LJ Death of candidate, payments etc. in case of
- 175LK Appropriation for payments under this Division
Division 3 -- Disclosure of gifts and other income
- 175M Relevant details of gifts, defined
- 175N Gifts etc. received by political party, annual return as to required
- 175NA Gifts etc. received by associated entity, annual return as to required
- 175O Gifts received by candidate in disclosure period, return as to required
- 175P Gifts received by group in disclosure period, return as to required
- 175Q Gifts received in disclosure period by other persons who incur expenditure for political purposes, return as to required
- 175R Gifts not to be accepted from unidentified donors etc.
- 175S Return under s. 175N, 175O and 175P required even if nothing to disclose etc.
Division 4 -- Disclosure of electoral expenditure
- 175SA Electoral expenditure by political party, return as to required
- 175SB Electoral expenditure by candidate, return as to required
- 175SC Electoral expenditure by group, return as to required
- 175SD Electoral expenditure by other person, return as to required
- 175SE Return under s. 175SA, 175SB and 175SC required even if no expenditure etc.
- 175SF Two or more elections on one day, one return may be lodged in case of
Division 5 -- Miscellaneous
- 175T Interpretation
- 175U Offences
- 175V Payments due to State, recovery of
- 175W Investigation powers etc. for this Part
- 175X Incomplete returns, lodging etc.
- 175Y Extension of time to lodge annual return
- 175Z Information in return, verification of etc.
- 175ZA Non-compliance with Part does not affect election
- 175ZB Return, amendment of
- 175ZC Public may obtain copies of returns
- 175ZD Unincorporated party, proceedings against
- 175ZE Public agencies to report on certain expenditure
- 175ZF Regulations for this Part
- 175ZG Annual report by Electoral Commissioner
PART VII -- Electoral offences
- 179 Offences generally
- 180 Term used: breach or neglect of official duty
- 181 Bribery, offence of
- 182 Term used: bribery
- 183 Undue influence, offence of
- 184 Term used: undue influence
- 185 Exception to what is bribery or undue influence
- 186 Disqualification for bribery or undue influence
- 187 Illegal practices defined
- 187A Intentionally rendering person unable to vote etc.
- 187B Electoral advertisement on internet, when publishing is an illegal practice
- 188 Illegal practices, penalties for
- 189 Gift etc. by candidate to club etc., offence in some cases
- 190 Electoral offences and punishments
- 191 False statement in electoral paper
- 191A Misleading or deceptive publication etc.
- 192 Canvassing etc. in or near polling place
- 192A Loud speakers etc., use of during polling hours
- 193 Collecting etc. petitions etc. in polling places etc.
- 194 Failure to transmit claim for enrolment
- 195 Information for preparation of roll etc., not obeying requirement to provide
- 196 Employer to allow employee leave of absence to vote
- 197 Person misbehaving etc. may be removed from polling place
- 198 Re-entering etc. polling place after being removed from
- 199 Incurring unauthorised electoral expense on behalf of a candidate
- 199A Interfering with political liberty
- 200 Illegal practice committed indirectly etc., liability for
- 201 Attempt to commit offence
- 202 Evidentiary provision
- 204 Offences that are crimes
- 205 Summary offences and time limit for prosecutions
- 206 The Criminal Code Ch. XIV not to apply to parliamentary elections
PART VIII -- Miscellaneous
- 207 Who may witness signatures and take declarations
- 208 Notices, service of
- 209 Electoral papers sent by post, deemed service of
- 210 Electronic communication of electoral matter permitted
- 211A Certain documents may be transmitted electronically
- 211 Person unable to write may make mark etc.
- 212 Forms, compliance requirements
- 213 Regulations generally
- 213A Regulations affecting certain candidates
PART 9 -- Transitional provisions
Division 1 -- Transitional provisions for Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021
- 215 Terms used
- 216 Vacancies and representation in Legislative Council
- 217 Continued registration of existing parties
Division 2 -- Transitional provisions for Electoral Amendment (Finance and Other Matters) Act 2023
Subdivision 1 -- Transitional provisions commencing on day after Royal Assent of Electoral Amendment (Finance and Other Matters) Act 2023
- 218 Terms used
- 219 Pre-commencement registered parties opting in to receive higher reimbursement amount
- 220 Elected non-party members opting in to receive higher reimbursement amount for next election after amount change day
- 221 Independent candidates may opt in to receive higher reimbursement amount for next post-change election
- 222 Independent candidates may opt in to receive higher reimbursement amount for that election held after amount change day
- 223 Publishing information about who has opted in to receive higher reimbursement amount