Updates and consolidates the legal framework for State elections in Western Australia: it creates and governs the Electoral Commissioner and staff, enrollment and voting procedures (including postal, mobile, early and silent elector arrangements), redistribution rules, counting, dispute resolution, electoral finance (caps, State campaign accounts and reporting) and criminal penalties. It affects electors, candidates, parties, campaigners, public agencies and electoral officers. It matters because it prescribes who decides, who pays, compliance duties, and sanctions for breaches.
The Electoral Act 1907 is the principal Western Australian statute governing elections for the Western Australian Parliament. It regulates every stage of the electoral process for both houses: the Legislative Assembly (lower house, representing single-member geographic districts) and the Legislative Council (upper house, using a whole-of-State electorate since 2022 reforms reflected in this version).
The Act has been extensively amended since its enactment in 1907. The current version reflects major reforms from the Electoral Amendment Act 2021, the Electoral Amendment Act 2023, and earlier changes. It operates alongside the Constitution Acts Amendment Act 1899 (which sets out fundamental parliamentary qualification and disqualification rules) and the Electoral Distribution Act 2011.
The Act establishes the Western Australian Electoral Commission and the Electoral Commissioner as the administrative centre of the electoral system, covering everything from how the register of electors is maintained to how ballots are counted, how electoral disputes are resolved, and how campaign finance obligations are enforced.
Main concepts
Register of electors (section 19): the official roll of eligible voters. Maintained by the Electoral Commissioner and available for public inspection in extract form (sections 62A-62AB). The register is the foundation of entitlement to vote.
Current sections
Direct links to the current provisions in Electoral Act 1907.
33
Div 1
Preliminary
Division 1 — Preliminary
16A. Terms used 28
16B. Electoral Distribution Commissioners, appointment of etc. 29
Div 2
Whole of State electorate and electoral districts
Division 2 — Whole of State electorate and electoral districts
16C. Whole of State electorate and representation 31
16D. Electoral districts and representation 31
Div 3
Division of State into districts
Division 3 — Division of State into districts
16E. Division of State into districts required after each general election for Assembly 32
16F. Commissioners, functions of 32
16G. Districts, how State to be divided into 35
16I. Dividing State, matters Commissioners to consider when 35
16J. District boundaries etc., Commissioners may modify etc. 36
16K. Effect of notice under s. 16F(2)(f) as to division of State 36
16MA. Map or maps of districts generated from digital or electronic record 37
16M. One vote one value principle, absolute majorities required for Bills affecting 37
Part III — Enrolment
Division 1 — Entitlement to be elector
Who is entitled to be enrolled and vote 39
17AA. Entitlement to be enrolled for persons who attain 16 years of age 41
17A. Electors leaving Australia but staying on Commonwealth roll to stay on register of electors 41
17B. Enrolment of elector with no fixed address if enrolled on Commonwealth roll 42
People not entitled to vote and be enrolled 43
Division 2 — Register of electors
Register of electors 44
Arrangement with Commonwealth for single enrolment procedure 45
31A. Arrangement with Commonwealth for sharing of information to revise register of electors 47
31B. Arrangement with Commonwealth in relation to silent elector applications under s. 51B 48
Register of electors and other documents not invalid in particular cases 49
Public officers to give particular persons information to revise register of electors 50
35A. Electoral Commissioner may revise register of electors due to information received from Commonwealth or State 50
Regulation‑making power in relation to enrolment 51
Changes to register of electors 52
Division 3 — Enrolment
40A. When persons are enrolled 52
How persons may be enrolled 53
Form of claims 53
Claims of certain Cwlth electors to be taken to be in order 54
Essential parts of claims 55
44A. Enrolment of claimants and rejection of claims 56
Offences in relation to compulsory enrolment 57
Enrolment officer’s functions in relation to entitlement of claimant considered insufficient or incorrect 59
Div 4
Objections
Division 4 — Objections
Subdiv 1
To claims
Subdivision 1 — To claims
Objections to claims 59
Subdiv 2
To enrolment
Subdivision 2 — To enrolment
Objections to enrolment 62
Subdiv 3
Powers of Electoral Commissioner on appeal
Subdivision 3 — Powers of Electoral Commissioner on appeal
Electoral Commissioner’s powers 64
Div 5
Miscellaneous
Division 5 — Miscellaneous
Removing repeated names and adjusting register of electors 65
51A. Persons who lack capacity to vote not to be on register of electors 66
51AA. Removal of name following declaration by SAT 66
51B. Silent electors 67
51C. Review of register of electors in relation to silent electors 68
Permitted alterations to register of electors 69
Registrar of Births, Deaths and Marriages to notify Electoral Commissioner of deaths in State 70
Electoral Commissioner to be informed about particular prisoners and detained persons 71
Changes to register of electors required due to information given under s. 56 and 59 73
General postal voters 73
Offences in relation to applications to be general postal voters 76
Div 6
Accessing enrolment information
Division 6 — Accessing enrolment information
62A. Preparing register extracts for disclosure 77
62AA. Public inspection of register extracts 78
62AB. Disclosing particular information to members of Parliament and parliamentary parties 79
62AC. Disclosing particular information to persons other than parliamentary parties and members of Parliament 80
62AD. Disclosing enrolment information to government departments 81
62AE. Restricted use of information given under this Division 82
62AF. Restricted use of protected information given under this Division 82
Part IIIA — Registration of political parties
62B. Scope of Part 83
62C. Terms used 83
62CA. Membership requirements for qualification as eligible political party 84
62D. Register of political parties, Electoral Commissioner to keep etc. 84
62E. Applications for registration 85
62F. Variation of application, Electoral Commissioner may advise etc. 86
62G. Public notice of application to be given 87
62H. Registration of political party 88
62HA. Political party taken not to be registered for certain purposes 89
62I. Parliamentary party existing at 21 Oct 2000, registration of as political party 90
62J. Refusal of registration, grounds for etc. 90
62K. Amendment of register 93
62KA. Annual returns in relation to continued registration 94
62L. Cancellation of registration 95
62M. Public inspection and notice of register 96
62N. Review of decision under s. 62H, 62J or 62L 97
62O. False representation as to registration, offence 98
62P. Electoral Commissioner may request information from political party 98
62Q. Offences relating to information 98
62R. Certificate of Electoral Commissioner is evidence 99
Part IV — Elections
Division 1 — Writs
General elections, issue of writs for 100
Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc. 100
Vacancy in Assembly, issue of writ for etc. 101
Writ deemed to be issued at 6 p.m. on day of issue 102
Form and content of writs 102
69A. When close of rolls occurs after issue of writ 102
Rules for fixing close of nominations 103
Rules for fixing polling day 103
Last day for return of writ, rules for fixing 104
Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc. 105
Advertisement of writ and other matters relating to election 105
Time fixed in writ, extending 106
Div 1A
Rolls for elections
Division 1A — Rolls for elections
76AA. Rolls for elections to be prepared 107
76AB. Altering or amending rolls after they are prepared 109
76AC. Supplementary rolls 111
76AD. Amalgamated rolls 112
76AE. Rolls not invalid in particular cases 112
76AF. Regulation‑making power in relation to preparing rolls 113
Division 2 — Nominations
76A. Who is qualified to be elected as member of Parliament 113
76B. Who is not qualified to be elected as member of Parliament 114
Rules about nominating candidates 114
Form and content of nominations 116
When returning officer may receive nominations 117
Grouping of candidates 117
80A. Lodging group claims with Electoral Commissioner 119
Nomination paper and deposit required for valid nomination 119
81A. Making and effect of party nominations 120
Withdrawing nominations 122
Nomination paper, effect of defects etc. in 123
Deposit by candidate, return or forfeiture of 123
Place of declaration of nominations 124
Close of nominations procedure for single member election 124
Close of nominations procedure for Council election where relevant number more than one 126
87A. Close of nominations, returning officer’s other duties as to 128
Death of candidate after nomination 129
Failure and partial failure of election, when occurs and consequences of 132
Div 2A
Registration of how‑to‑vote cards
Division 2A — Registration of how‑to‑vote cards
89A. How‑to‑vote cards 133
89B. When how‑to‑vote cards are suitable to be registered 134
89C. Applications to register how‑to‑vote cards 135
89D. Commissioner must register suitable how‑to‑vote cards 136
89E. Replacing registered how‑to‑vote cards 137
89F. Correcting errors identified by Electoral Commissioner in registered how‑to‑vote cards 139
89G. Cancelling registration of registered how‑to‑vote cards on request 142
89H. Nominating or changing accountable person for how‑to‑vote cards 142
89I. Publishing registered how‑to‑vote cards on Commission website 142
Division 3 — Procedural provisions about voting
Subdivision 1 — Establishing places to vote
Appointing places in relation to voting 143
90A. Amending notices made under s. 90 144
90B. Certain buildings to be used for free 145
90C. Liquor not to be sold in licensed premises where people vote 145
90D. Officers and times to vote at mobile voting places 146
90E. Notice to be given in relation to mobile voting places 147
Subdivision 2 — Early voting days for elections
Rules for fixing early voting days 147
Subdivision 3 — Appointments and functions of persons in relation to holding an election
Returning officer’s duties in relation to elections 148
92A. Electoral Commissioner and returning officers may appoint issuing officers 149
92B. Electoral Commissioner may give directions in relation to elections 149
92C. Appointing presiding officers and assistant presiding officers at polling places 150
92D. Substitute and assistant presiding officers 150
92E. Effect of failure to take poll if presiding officer is absent 151
92F. Appointment of scrutineers during polling 151
92G. Election campaign workers to have access to toilet facilities 152
92H. Responsibilities in relation to election campaign workers 153
92I. Returning officer may provide or require persons to wear identification 153
92J. Police at places to vote 154
92K. Candidate not to conduct election 154
Subdiv 4
Requirements for places to vote
Subdivision 4 — Requirements for places to vote
Duties for places to vote, ballot boxes and ballot papers 155
93A. Designated entrances for places to vote 155
93B. Returning officer to ensure separate voting compartments and pens or pencils are provided 156
93C. Ensuring access to rolls for elections 156
Subdiv 5
Ballot papers
Subdivision 5 — Ballot papers
Providing ballot papers to places to vote 157
94A. Form and content of ballot papers generally 158
94B. Printing political party names on ballot papers 158
94C. Printing “Independent” on ballot papers 160
94D. Printing Council ballot papers 161
94E. Printing Assembly ballot papers 163
Div 3A
Voting
Division 3A — Voting
Subdivision 1 — Entitlement to vote if person on roll
Person may vote if name on roll 163
Subdivision 2 — Polling places
Persons who may be at polling places 164
96A. Ballot box to be exhibited and sealed before voting commences 165
96B. When electors can vote at polling places 165
96C. Questions to be put to people claiming to vote at polling place 166
96D. Voting at polling place for person’s district 167
Subdivision 3 — Absent and provisional voting at polling places
Term used: vote as a provisional voter 168
97A. Absent voting 168
97B. Provisional voting when required by officers 169
97C. Provisional voting when enrolled under s. 47 170
97D. Provisional voting when not on or removed from roll 170
97E. Provisional voting when name cannot be found on roll 171
97F. Provisional voting if record made that person has received ballot paper 172
97G. Provisional voting if person applies to enrol on day on which they intend to vote 172
97H. Declaration made under this Subdivision sufficient for elections that have same polling day 173
97I. Regulations about absent and provisional voting 173
Subdivision 4 — How to vote
Terms used 174
98A. Giving ballot papers to persons who have right to vote or who made declarations 175
98B. Method of voting at polling place 175
98C. How ballot paper is to be marked by voter for single member election 176
98D. Marking ballot paper for Council election where relevant number is more than one if at least 1 above‑the‑line square 176
98E. Voting in below‑the‑line‑squares or if no above‑the‑line squares 178
98F. Assisting particular voters to vote at polling place 179
98G. Person with physical impairment voting at place near polling place 180
98H. Spoilt ballot papers 181
98I. Rules for ballot boxes and rolls at close of poll 182
Subdivision 5 — Voting at mobile voting places
Persons who may be at mobile voting places 183
99A. When electors can vote at mobile voting places 184
99B. Voting at mobile voting places to be generally conducted consistently with voting at polling places 185
Subdiv 6
Postal voting
Subdivision 6 — Postal voting
Terms used 186
100A. Fixing day for commencement of postal application period 186
100B. Postal vote applications 187
100C. Dealing with postal vote applications 188
100D. Sending postal ballot papers 189
100E. Replacing postal ballot papers 190
100F. Informing political parties and candidates of postal voters 191
100G. Method of postal voting 192
100H. Return of postal ballot paper unopened by elector 193
100I. Assisting elector to vote by postal voting 194
100J. Offence to sign declaration as another person 195
100K. Postal voting in particular places 195
100L. Electoral Commissioner must store postal ballot papers until scrutinised 196
100M. Preliminary scrutiny of declarations relating to postal ballot papers 196
100N. Decisions in relation to postal ballot papers subject to review by Court of Disputed Returns 198
100O. Dealing with postal ballot papers 198
100P. Offences in relation to postal vote applications and applications to be general postal voter 198
100Q. Offences about influencing persons in relation to postal voting 199
100R. Offence about false statements in relation to postal voting 200
100S. Offences about marking postal ballot papers 200
100T. Offences about custody of documents 200
100U. Regulations about postal voting 201
100V. Electors enrolled under s. 47 who vote by postal voting taken to have made declaration 202
Subdiv 7
Technology assisted voting
Subdivision 7 — Technology assisted voting
Terms used 202
101A. Electoral Commissioner may approve procedures for technology assisted voting 202
101B. Record of vote 203
101C. Independent auditing of technology assisted voting 204
101D. Scrutineers 204
101E. Counting of technology assisted votes 205
101F. Secrecy relating to technology assisted voting 205
101G. False or misleading statements in relation to technology assisted voting 206
101H. Protection of computer hardware and software 206
101I. Regulations relating to technology assisted voting 207
101J. How this Act applies in relation to technology assisted voting 207
101K. Electoral Commissioner may determine that technology assisted voting is not to be used 208
101L. Eligible electors enrolled under s. 47 who vote by means of technology assisted voting taken to have made declaration 208
Subdiv 8
Visiting electors who need assistance
Subdivision 8 — Visiting electors who need assistance
Application of Subdivision 208
102A. Issuing officer not to visit elector to take vote unless under Subdivision 209
102B. Visiting electors to take vote 209
102C. Giving electors ballot papers 209
102D. Method of marking ballot paper 211
102E. Dealing with envelope received under s. 102D 212
102F. Offence to sign declaration as another person 212
Subdiv 9
Adjourning and postponing voting
Subdivision 9 — Adjourning and postponing voting
Adjourning and postponing polling 213
103A. Voting after postponed or adjourned polling 214
Division 4 — Counting of votes (general)
Rules for conducting count of votes 214
Adjournment of count etc. to be announced 215
Ballot papers to be sealed in boxes before adjournment 215
Div 4A
Scrutiny and count (Assembly elections)
Division 4A — Scrutiny and count (Assembly elections)
136A. Application of Division 216
Appointment of scrutineers 216
Scrutineers, submissions by etc. 217
Informal ballot papers defined 217
Elector’s intention to be given effect 218
140A. Some ballot papers with non‑consecutive preferences can be formal 219
Counting places 220
Procedure for count of votes by assistant returning officers 221
142A. Counting postal, absent and provisional votes 222
Returning officer to ascertain number of votes for each candidate 223
Procedure for counting votes 224
Equal votes, procedure in case of etc. 229
When re‑count may be conducted 230
Div 4B
Scrutiny and count (Council elections)
Division 4B — Scrutiny and count (Council elections)
146A. Application and construction of Division 231
146B. Rules about officers and counting places 231
146C. Appointment of scrutineers 232
146D. Scrutineers, submissions by etc. 233
146E. Informal ballot papers 233
146EA. Formal votes for individual candidates 237
146EB. Formal votes for groups 237
146EC. Treatment of ballot papers of electors who have voted above the line 238
146G. Procedure for count of votes by assistant returning officers 239
146H. Procedure for count of votes 241
146I. Procedure for count of votes by returning officers 243
146J. Re‑count, when may be conducted etc. 245
Division 5 — Declaration of poll and return of the writ
Declaration of poll and certification and return of writ 246
Election not to be questioned on certain grounds 248
Informality in election, Governor’s powers as to 248
149A. Election of unqualified or disqualified person void 249
Division 6 — After the poll
149B. Term used: document 249
Dealing with statistical returns and rolls 249
Returning officer to provide other election material to Electoral Commissioner 250
Keeping election material 251
Disclosure or production of rolls used in election to candidates 252
Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted 252
Destruction of election papers 253
155AA. Election papers used for referendum etc., use of and destruction of afterwards 253
Div 7
Voting to be compulsory
Division 7 — Voting to be compulsory
155AB. Terms used 254
Electors’ voting obligations 254
156AA. Evidentiary certificate for s. 156 proceedings 259
Part IVA — Filling vacancies in the Council
156A. Terms used 261
156B. Vacancy in Council, Governor to be notified of etc. 262
156C. Electoral Commissioner’s duties when informed of vacancy; nominations of candidates for vacancy being filled by re‑count 262
156D. Procedure at close of nominations if vacancy being filled by re‑count 264
156E. Vacancy being filled by fresh election, writ for 267
Part V — Disputed returns
Validity of election or return, how to dispute 268
Content of petition to Court of Disputed Returns 268
Return of writ, presumed date of 268
Security for costs, petitioner to give 269
No proceedings on petition unless it complies with law 269
Court’s powers on petition 269
Court’s functions in relation to status of roll and electors’ entitlement to be included on roll 270
Bribery etc. by candidate or illegal practice, voiding election in case of 271
Illegal practice, Court to report to Electoral Commissioner 271
Delays and immaterial errors not to vitiate election 272
Court’s decision is final 272
Copies of petition etc. to be sent to House affected 272
Costs 272
Security for costs, how to be dealt with 272
Other costs 272
Effect of Court’s decision 273
Rules of Court for this Part 274
Election of MLC on re-count, application of this Part to 274
Part 6
Electoral finance and disclosure of political contributions, income and expenditure
Part 6 — Electoral finance and disclosure of political contributions, income and expenditure
Division 1 — Preliminary
Terms used 276
175AA. Electoral expenditure and when it is incurred in relation to election and capped expenditure period 284
175AB. Gifts 285
175AC. Recalculation of amounts under Part 286
175A. Interpretation of this Part 288
Division 2 — Agents
175B. Agent of political party, appointment of 289
175C. Agents of candidates 289
175CA. Agents of members of Council or Assembly 290
175D. Agents of groups 290
175DA. Agents of third‑party campaigners 291
175E. Appointing agents for political entities other than associated entities 291
175F. Agent of political party, registration of 292
175G. Agent of political party, appointment of has no effect if not on register 293
175H. Agent of political party, removing from register 293
175I. Agent of political party, evidence of appointment of 294
175J. No agent of political party, who has Div. 3 duties in case of 294
175K. Ending appointment of agents for political entities other than political parties and associated entities 294
Division 2A — Electoral funding
175LA. Terms used and interpretation 295
175LB. Higher reimbursement amount and lower reimbursement amount 297
175LC. Registered political party opting in and out of receiving higher reimbursement amount 297
175LCA. Non‑party candidates may opt in and out of receiving higher reimbursement amount 298
175LCB. Publishing information about who has opted in to receive higher reimbursement amount 299
175LCC. Entitlement to election funding reimbursement amount 299
175LD. Claim for payment, requirement for and making etc. 300
175LE. Electoral Commissioner to determine claims 302
175LF. Circumstances in which payment to be made 302
175LG. Amount paid not to exceed electoral expenditure 303
175LH. Payments to be made in respect of claims 303
175LI. Decision as to payment, revoking and re‑making 304
175LJ. Payments to be made in respect of candidate who died 305
175LK. Appropriation for payments under this Division 305
Div 2B
State campaign accounts
Division 2B — State campaign accounts
175LL. Terms used 306
175LM. State campaign accounts to be kept for electoral expenditure 307
175LN. Notifying Electoral Commissioner about State campaign accounts 308
175LO. Money in State campaign accounts 309
175LP. Electoral expenditure to be paid out of State campaign accounts 311
175LQ. Lodging annual returns in relation to State campaign accounts 312
175LR. Candidates to pay amounts out of State campaign accounts after candidate terminating events 313
175LS. Members to pay amounts out of State campaign accounts after member terminating events 314
175LT. Groups to pay amounts out of State campaign accounts after group terminating events 315
175LU. Political parties to pay amounts out of State campaign accounts after party terminating events 316
175LV. Third‑party campaigners to pay amounts out of State campaign accounts after campaigner terminating events 317
Division 3 — Disclosure of political contributions and other income
175M. Relevant details of political contributions 318
175MA. Disclosure of political contributions that are, or that are in combination, more than specified amount 320
175MC. Publication of information in notices on Commission website 321
175N. Political parties to lodge annual return of political contributions and other income 322
175NA. Associated entities to lodge annual return of political contributions and other income 323
175O. Candidates to lodge return of gifts received during disclosure period 324
175P. Groups to lodge return of gifts received during disclosure period 325
175Q. Third‑party campaigners to lodge return of gifts received during disclosure period 326
175R. Political contributions not to be accepted unless identity known, or believed to be known 329
175S. Reporting of political contributions under certain provisions required even if no details are required to be included in return 333
Division 3A — Prohibition on receiving foreign contributions
175SAA. Terms used 334
175SAB. Particular political entities not to accept foreign contributions 338
175SAC. Third‑party campaigners not to receive foreign contributions 340
175SAD. Recovery of foreign contribution 341
175SAE. False affirmation or information about being foreign donor 342
175SAF. Offence to enter scheme to receive foreign contribution not permitted under Division 342
Division 4 — Disclosure of electoral expenditure
175SAG. Term used: expenditure disclosure period 343
175SA. Return required for political party’s electoral expenditure 343
175SB. Return required for candidate’s electoral expenditure 344
175SC. Return required for group’s electoral expenditure 344
175SD. Return required for third‑party campaigner’s electoral expenditure 345
175SE. Reporting of expenditure under certain provisions required even if no details are required to be included in return 345
175SF. Two or more elections on one day, one return may be lodged in case of 345
Division 4A — Caps on electoral expenditure in relation to elections
Subdivision 1 — Preliminary
175SG. Terms used 346
175SH. When incurring electoral expenditure is permitted in relation to election 347
175SI. Certain electoral expenditure taken to be incurred by or with authority of political party or group 348
Subdivision 2 — Expenditure caps for particular elections
175SJ. Expenditure caps for conjoint elections 349
175SK. Expenditure caps for Council elections not part of conjoint elections 351
175SL. Expenditure caps for elections in districts not part of conjoint elections 354
Subdivision 3 — Additional expenditure caps for political parties and third‑party campaigners
175SM. Expenditure caps for electoral expenditure on particular district 356
175SN. Expenditure cap in relation to candidates for Legislative Council 358
Subdivision 4 — Miscellaneous
175SO. Recovery of electoral expenditure not permitted to be incurred under Division 359
175SP. Offence to incur electoral expenditure not permitted under Division 361
175SQ. Offence to enter scheme to incur electoral expenditure not permitted under Division 364
Division 4B — Registration of third‑party campaigners
175SR. Particular third‑party campaigners to be registered 364
175SS. Third‑party campaigners register 365
175ST. Application to be registered 366
175SU. Decision and registration 367
175SV. Updating details on third‑party campaigners register 369
175SW. Cancelling registration 369
Division 5 — Miscellaneous
175T. Terms used 370
175U. Offences 371
175V. Payments due to State, recovery of 373
175W. Investigative powers for this Part 373
175X. Lodging incomplete disclosure documents 377
175Y. Extension of time to lodge annual return 379
175Z. Verifying information in disclosure documents 379
175ZA. Non‑compliance with Part does not affect election 379
175ZB. Amending disclosure documents and claims 380
175ZC. Public availability of documents under this Part 382
175ZD. Unincorporated party, proceedings against 383
175ZE. Public agencies to report on certain expenditure 384
175ZF. Regulations for this Part 385
175ZG. Annual report by Electoral Commissioner 386
Part VII — Electoral offences
Purpose of this Part 387
Term used: breach or neglect of official duty 387
Offence of bribery 387
Term used: bribery 388
Offence of undue influence 389
Term used: undue influence 390
Exception to what is bribery or undue influence 390
Disqualification for bribery or undue influence 390
Illegal practices defined 391
187A. Intentionally rendering person unable to vote etc. 392
187B. Electoral advertisement on internet, when publishing is an illegal practice 393
Offences and penalties for illegal practices 393
Gift etc. by candidate to club etc., offence in some cases 394
Electoral offences and punishments 394
False statement in electoral paper 397
191A. Misleading or deceptive publication 397
191B. Prohibition on distributing or publishing unregistered how‑to‑vote cards 399
191C. Registered how‑to‑vote cards with errors not to be published or distributed 399
191D. Presiding officer may inspect and confiscate documents in relation to how‑to‑vote cards 400
Prohibited acts in or near particular places to vote 400
192A. Loud speakers etc., use of during polling hours 401
Person not to conduct petitions, polls or surveys at polling places and mobile voting places or in voting areas 402
Failure to transmit claim for enrolment 402
Electoral Commissioner may require information for particular purposes 402
Employer to allow employee leave of absence to vote 403
Removing misbehaving persons from places to vote 404
Re‑entering places to vote after being removed 404
Incurring unauthorised electoral expense on behalf of a candidate 404
199A. Interfering with political liberty 404
Illegal practice committed indirectly etc., liability for 405
Attempt to commit offence 405
Evidentiary provision 405
Summary offences and time limit for prosecutions 406
The Criminal Code Ch. XIV not to apply to parliamentary elections 406
Part VIII — Miscellaneous
206A. Persons who lack capacity to vote 407
206B. Revoking lack of capacity notice 408
Who may witness signatures and take declarations 409
Service of notices 410
Electoral papers sent by post, deemed service of 410
Electronic communication of electoral matter permitted 410
211A. Certain documents may be transmitted electronically 411
Person unable to write may make mark 411
Forms, compliance requirements 412
Regulations generally 412
213A. Regulations affecting certain candidates 413
Part 9
Transitional provisions
Part 9 — Transitional provisions
Division 1 — Transitional provisions for Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021
Terms used 415
Vacancies and representation in Legislative Council 415
Continued registration of existing parties 416
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
Terms used 417
Pre‑commencement registered parties opting in to receive higher reimbursement amount 418
Elected non‑party members opting in to receive higher reimbursement amount for next election after amount change day 419
Independent candidates may opt in to receive higher reimbursement amount for next post‑change election 421
Independent candidates may opt in to receive higher reimbursement amount for that election held after amount change day 422
Publishing information about who has opted in to receive higher reimbursement amount 422
Subdivision 2 — Transitional provisions commencing on 1 July 2024
Terms used 423
Former provisions apply if election occurring at commencement 423
Persons on rolls before commencement taken to be enrolled on register of electors on commencement day 424
Claims for enrolment before commencement 424
Enrolment before commencement day taken to be entry of name on register of electors 424
Pre‑commencement arrangements made under former s. 31, 31A and 31B continue 425
Silent electors 425
Registration of general early voters continues as general postal voters 425
Approved procedures for technology assisted voting 426
State campaign accounts 426
Transitional regulations 428
Division 3 — Transitional provisions for Electoral Amendment (Names of Registered Political Parties) Act 2024
Subdivision 1 — Preliminary
Terms used 429
Application of s. 62J(6) to (6C) 430
Subdivision 2 — Name of political party that applied for registration before commencement day
Dealing with ongoing application if name or abbreviation contains relevant word 430
Process if applicant requests variation of ongoing application to change name or abbreviation 432
Refusal of registration 434
Review 435
Subdivision 3 — Name of political party registered before commencement day
Earlier registered word and earliest registered party 435
Party registered before commencement day with earlier registered word in name or abbreviation 436
Process for application to change registered name or registered abbreviation under s. 242(3)(b) 438
Cancellation of registration 440
Review 441
Subdivision 4 — Miscellaneous
Application of offence under s. 62Q(1) 441
Electronic transmission of documents 442
Electoral Commissioner to act expeditiously and complete required processes by 17 January 2025 442
Division does not affect operation of s. 62H(3) or 62L(6) 443
Sch 1
Schedule 1
Counting of votes at Council elections
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Electoral Act 1907
Western Australia
Electoral Act 1907
Contents
Part I — Preliminary
Short title 2
Commencement 2
Terms used 2
4AA. Official agents for the appointment of scrutineers 14
Part II — Administration
4A. Western Australian Electoral Commission, nature of 15
Electoral Commissioner, office of established 15
5A. Deputy Electoral Commissioner, office of established 15
5B. Appointment of Electoral Commissioner and Deputy Electoral Commissioner 15
5C. Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of 17
5D. Appointment of Acting Commissioners 18
5E. Electoral Commissioner etc., other provisions as to 20
5F. Functions of Electoral Commissioner 21
5G. Delegation by Electoral Commissioner 22
5H. Deputy Electoral Commissioner, functions of 23
5I. Commissioners to have regard to particular groups when performing functions 24
Appointing returning officers 24
Appointment of substitute for returning officer 25
Restriction on resignation of returning officer after issue of writ 25
Replacement of returning officer after issue of writ 26
Temporary assistants, appointment of 26
15A. Officers to make declaration before acting etc. 27
People not eligible to be officer etc. 27
Part IIA — Representation in Parliament
Division 1 — Preliminary
16A. Terms used 28
16B. Electoral Distribution Commissioners, appointment of etc. 29
Division 2 — Whole of State electorate and electoral districts
16C. Whole of State electorate and representation 31
16D. Electoral districts and representation 31
Division 3 — Division of State into districts
16E. Division of State into districts required after each general election for Assembly 32
16F. Commissioners, functions of 32
Electoral district (Part IIA): a single-member geographic area electing one member to the Legislative Assembly. The whole-of-State electorate elects members of the Legislative Council on a proportional basis.
Electoral Distribution Commissioners (section 16B): a three-person body comprising a person with judicial experience (chairperson), the Electoral Commissioner, and the Government Statistician. Required to redivide the State into Assembly districts after each general election, applying a one vote, one value principle requiring that each district's enrolment be within 10% of the State average (section 16G).
Writ (section 4): the document issued by the Governor (or Speaker) commencing an election. It fixes the dates for nominations, polling and return.
How-to-vote card (section 4): a card distributed to voters at polling places showing a party's or candidate's recommended order of preferences. Requires registration before the election (section 89C) and is regulated to prevent misleading information.
Above-the-line and below-the-line voting: Council ballots allow voters to either vote above the line (selecting preferences between groups numbered 1-6 or more) or below the line (numbering at least 6 individual candidates). Sections 94D-94F.
Accountable person (section 4): the person responsible for a how-to-vote card, who must be named on the application for registration. May be prosecuted for offences involving the card.
Campaign finance terms (section 175): the Act uses a comprehensive defined-terms section for its campaign finance provisions, covering "associated entity", "capped expenditure period", "third-party campaigner", "compulsory party levy", "State campaign account", and related concepts.
Court of Disputed Returns (section 157): a Supreme Court judge sitting alone who determines petitions disputing the validity of an election or return. The petition must be filed within 40 days of the return of the writ.
Who it affects
All Western Australian citizens aged 18 and over, who are subject to compulsory enrolment (section 45 imposes penalties for failing to enrol without a reasonable excuse).
Candidates for election to both Houses, who must meet qualification requirements (section 76A: citizen, 18 years old, WA resident for one year, and enrolled elector).
Political parties and their registered officers, who hold obligations around how-to-vote card registration, campaign account management, and expenditure disclosure.
Third-party campaigners (section 175), who must register if they incur electoral expenditure above prescribed thresholds, comply with expenditure caps during the capped expenditure period, and lodge financial returns.
Associated entities (section 175), being bodies controlled by or operating for the benefit of political parties.
Electoral officers (returning officers, assistant returning officers, polling clerks, scrutineers), who are subject to specific obligations and must make declarations before acting (section 15A).
Employers, who must allow employees reasonable time to vote (implied by compulsory voting obligations).
Key obligations
Enrolment obligation (section 45): an eligible person who is not enrolled must enrol within 21 days of becoming entitled. An enrolled person whose address changes must notify within 21 days. Failure is a strict liability offence. However no penalty applies if the person has a reasonable excuse (section 45(3)).
Voting obligation: Western Australia maintains compulsory voting. An enrolled elector who fails to vote without a valid and sufficient reason faces a fine.
Candidate nomination (section 77): a person cannot be elected unless validly nominated. Nominations must be by the candidate in writing, witnessed, accompanied by the nomination deposit, and must satisfy formality requirements.
How-to-vote card obligations (sections 89C-89H): how-to-vote cards must be registered before the election (before close of nominations). The card must accurately state the candidates and preferences, must identify the accountable person, and must not be misleading. Unregistered how-to-vote cards cannot be distributed within 6 metres of a polling place entrance.
Electoral expenditure caps (Part VIII): candidates and parties must not incur electoral expenditure above prescribed amounts during the capped expenditure period (from writ issue to close of polls). Third-party campaigners have separate caps for Assembly, Council, and general elections.
Disclosure obligations (Part VIII): political parties, candidates, associated entities, and third-party campaigners must lodge financial returns disclosing gifts received and electoral expenditure incurred. These must be lodged with the Electoral Commissioner.
State campaign account (section 175LL): certain entities are required to maintain a State campaign account through which electoral expenditure must be made and gifts above prescribed amounts must be deposited.
Powers and discretions
Electoral Commissioner (section 5F): broad administrative functions including managing the register, issuing approved forms, supervising elections, investigating potential offences, and reporting to Parliament.
Delegation (section 5G): the Electoral Commissioner may delegate functions to staff of the Electoral Commission, other electoral officers, or other specified persons.
Electoral Distribution Commissioners (sections 16F-16I): must divide the State into Assembly districts after each general election, with wide discretion in drawing boundaries subject to statutory criteria including community of interests, existing boundaries, communications, and geographic features (section 16I).
Governor (section 64): must issue writs for general elections. Section 64 prescribes mandatory timing based on whether the Assembly is dissolved before or after 1 November of its expiry year.
Electoral Commissioner (section 46): may deal with enrolment claims, including making inquiries about a claimant's entitlement and rejecting claims that do not satisfy requirements.
Electoral Commissioner (section 206A): may give a "lack of capacity notice" to a person considered to have a mental impairment affecting their capacity to vote, after giving the person an opportunity to make submissions. This removes the person from the register.
Court of Disputed Returns (section 162): has broad powers on a disputed return petition, including ordering a fresh election, declaring a candidate duly elected, or dismissing the petition. Can compel witnesses and production of documents.
Penalties and enforcement
Part VII: Electoral Offences
Breach or neglect of official duty (section 180): imprisonment not exceeding 1 year.
Bribery (section 181-182): promising, giving or taking valuable consideration to induce votes or candidacy. Conviction disqualifies the person from election for 4 years (section 186).
Undue influence (sections 183-184): threatening or applying pressure to influence votes. Disqualification for 4 years on conviction (section 186).
False statements in electoral material (section 187 illegal practices): various illegal practices including publishing false statements about candidates with intent to affect the result.
Failing to attend as a witness before the Court of Disputed Returns (compellable by the Court under section 162(b)).
Offences related to how-to-vote cards, including distributing unregistered cards, distributing cards within the restricted zone, and making false statements in cards.
Offences relating to electoral expenditure caps and disclosure failures (Part VIII).
Compulsory enrolment offences (section 45): fines for failure to enrol or notify address changes without reasonable excuse.
Compulsory voting: failure to vote without a valid and sufficient reason attracts a penalty notice.
Penalty notices: the Act uses an infringement notice regime for lower-level electoral offences.
Disqualification: conviction or finding of bribery or undue influence disqualifies a candidate or member from being elected or sitting in Parliament for 4 years (section 186).
Process and timelines
Electoral distribution (Part IIA): must be carried out as soon as practicable after each general election for the Assembly. The Commissioners publish a preliminary report in the Gazette, invite objections within 6 weeks (section 16F), publish a final report, and the redistribution takes effect on the next election cycle (section 16K).
Election timeline (Part IV Division 1): set by the writ. The writ issued under section 64 for a general Assembly election must be issued not later than 10 days after dissolution (if dissolved before 1 November of the expiry year). Key dates the writ fixes: close of nominations (section 69(a)), polling day, and return of writ.
Close of roll (section 69A): the roll closes at 6 pm on the day writs are issued, or if writs are issued on multiple days, the day the first writ is issued. Latecomers to enrolment may be captured if they enrolled in the period between calling the election and writ issue in some circumstances.
Nomination (section 80): nominations close at the time fixed in the writ and must be lodged with the returning officer.
Petition for disputed return (section 158): must be filed within 40 days of the return of the writ. No extension is available.
Lodgement of financial returns: timing for lodgement of gifts and expenditure returns under Part VIII is tied to the election cycle and prescribed periods. Returns are typically due within specified days of polling day or of the end of a reporting period.
Interactions with other law
The Act works alongside several other instruments:
Constitution Acts Amendment Act 1899 (WA): governs qualification and disqualification rules for members of Parliament (section 76B), the maximum life of an Assembly, and the procedure for filling vacancies. Section 39(4) is referenced multiple times regarding writ issue.
Australian Citizenship Act 2007 (Commonwealth): the definition of "Australian citizen" in section 4 incorporates the Commonwealth citizenship definition.
Commonwealth Electoral Act 1918: arrangements with the Commonwealth for joint enrolment procedures (sections 31-31B) allow the Commonwealth register and WA register to share enrolment information.
Guardianship and Administration Act 1990 (WA): section 51AA allows the removal of persons subject to a section 111 declaration (about incapacity to manage affairs) from the register.
Parliamentary and Electorate Staff (Employment) Act 1992 (WA): referenced in campaign finance provisions in Part VIII.
Electoral Distribution Act 2011 (WA): may interact with the redistribution provisions in Part IIA.
Statistics Act 1907 (WA) and Land Information Authority Act 2006 (WA): referred to in the Electoral Distribution Commissioners' functions in Part IIA.
Gotchas
Close of roll timing: the register closes at 6 pm on writ day (section 69A). People who become entitled to enrol after that time (for example, who turn 18 after writs are issued) cannot vote in that election even though they are now 18. This is different from the Commonwealth system's late enrolment window.
Candidate qualification and enrolment: section 76A requires a candidate to be an enrolled elector entitled to vote in a district election. However the Act also preserves entitlement for persons whose name was omitted from the register by mistake (section 76A(2)). Practitioners challenging candidate qualifications need to consider both the formal and protective tests.
How-to-vote card fraud: the offence provisions around how-to-vote cards are detailed. The card must be registered, must accurately reflect preferences, must identify the accountable person, and must not be distributed outside the registered version. A card with even slight changes from the registered version is a different card and may be an unregistered how-to-vote card.
Disputed return petition formalities: section 158 requires the petition to be signed by a candidate, attested by two witnesses with occupations and addresses stated, and filed within 40 days with a $100 security deposit. Courts have historically been strict about formalities. Section 161 provides no proceedings may be had if requirements are not complied with.
One vote one value and absolute majority: section 16M provides that Bills affecting the one vote, one value principle require passage by absolute majority of both Houses. This creates a higher bar for electoral reform legislation, and failure to observe the absolute majority requirement could result in the legislation being constitutionally invalid.
Third-party campaigner registration threshold: entities must register as third-party campaigners once their electoral expenditure reaches a prescribed threshold. Operating as a non-registered third-party campaigner above the threshold is an offence. Charities, community groups, and peak bodies engaged in political advocacy during election periods need to monitor their expenditure closely.
Practical examples
A citizen wanting to enrol for the first time completes a claim for enrolment under section 41, in the approved form. The Electoral Commissioner's office verifies entitlement. If the claim is rejected, the citizen can appeal to the Electoral Commissioner under section 49. The name goes on the register upon acceptance and is maintained there until a reason for removal arises.
A political party wanting to distribute a how-to-vote card registers it with the Electoral Commissioner before close of nominations (section 89C). The registration must identify the accountable person and include a copy of the card. On polling day, party volunteers distribute only the registered version. Any variation, including a different order of preferences, requires a new registration.
A candidate wanting to challenge the result of an Assembly election files a petition in the Supreme Court Central Office within 40 days of the return of the writ, signs it, has two witnesses attest it (stating their occupations and addresses), and pays a $100 deposit. The petition sets out the facts relied on and the relief sought. A Supreme Court judge as the Court of Disputed Returns then hears the petition.
A third-party campaigner that is a peak industry body plans to run advocacy advertisements during a State election campaign. Once their expenditure reaches the threshold, they must register with the Electoral Commissioner, comply with the applicable expenditure cap for the capped expenditure period, and lodge a financial return after the election disclosing their gifts and expenditure.