ELECTORAL ACT 1907

Table of Provisions

• Long Title

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

• 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

• 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

• 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
• SCHEDULE 1
• SCHEDULE 2