Electoral Act 1907

• 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).

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.

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.

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).

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.

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.

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.

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.