Electoral Act 1985

• Enrolled electors: entitled and obligated to vote in South Australian parliamentary elections.
• Candidates for election: subject to requirements about electoral advertising, disclosure of donations, and election expenditure.
• Political parties: subject to the registration regime (Part 6), ongoing compliance obligations (audits, returns, disclosure), and the election funding regime (Part 13A).
• Third parties (relevant third parties): entities other than parties and candidates that participate in elections through electoral expenditure are regulated under Part 13A.
• Broadcasters, publishers, and advertisers: subject to requirements about electoral advertisements (s. 112).
• Electoral Commissioner and staff: responsible for administering all elements of the Act.
• District returning officers: responsible for the local administration of elections.

Enrolment:

• s. 32: Compulsory enrolment and transfer of enrolment for eligible South Australians. Electors who move to a different subdivision must notify the Electoral Commissioner and transfer their enrolment (s. 32A).

Political parties:

• s. 43A: Parties must provide returns and respond to inquiries from the Electoral Commissioner.
• s. 43B: Notification of certain changes to the registered officers, party name, or other registered details.
• s. 43C: Parties are subject to audits by the Electoral Commissioner.
• s. 46A: A false statement in connection with party registration is an offence.
• s. 46B: Membership information obtained under the Act must be kept confidential.

Electoral advertising:

• s. 112: Any electoral advertisement in printed form or published electronically on the internet must display the name and address of the author or authoriser, the party name or abbreviation (if applicable), and the relevant third party's name (if applicable). Failure to comply is an offence.
• s. 74A: Distributing an application form for declaration voting papers is an offence.

Voting:

• s. 85: All enrolled electors must vote. Failure to vote without reasonable cause exposes the elector to penalty.

Election funding and disclosure (Part 13A):

• The regime imposes disclosure obligations on parties, candidates, associated entities, and relevant third parties for receipts above the relevant threshold.
• Administrative expenditure and electoral expenditure must be tracked and reported.

Electoral Commissioner:

• s. 8: broad powers and functions for election administration.
• s. 9: power to delegate.
• s. 22: power to revise the rolls.
• s. 23: obligation to keep rolls up to date.
• s. 26: power to allow inspection and provide copies of rolls.
• s. 27: power to require information from persons to enable correct roll maintenance.
• s. 28: power to collaborate with the Commonwealth on joint roll arrangements.
• s. 42: power to register or refuse to register political parties.
• s. 43C: power to audit registered political parties.
• s. 44–46: power (or obligation, in certain cases) to de-register parties.
• Part 13A: powers to receive, assess, and publish financial disclosure returns.

Presiding officers:

• s. 86: power to appoint a substitute presiding officer.
• s. 88: power to adjourn polling in certain circumstances.

Scrutineers:

• s. 90: candidates can appoint scrutineers to attend the scrutiny.

Bribery (s. 109):

• Maximum: imprisonment for seven years.
• Offence: offering or soliciting an electoral bribe (defined to exclude declarations of public policy or promises of public action).

Undue influence (s. 110):

• Maximum: imprisonment for seven years.
• Offence: using violence or intimidation to influence a vote, candidacy, or the course or result of an election.

Interference with political liberty (s. 111):

• Maximum: imprisonment for one year.
• Offence: hindering or interfering with the free exercise of a right or duty under the Act.

Electoral advertising (s. 112):

• Maximum penalty: $5,000 (natural person); higher for corporations.
• Offence: publishing or distributing an electoral advertisement without required authorisation details.

False statements in party registration (s. 46A):

• Offence: making a false statement in connection with party registration.

Elections:

1. Writs issued under Part 7 triggering the election.
2. Nominations of candidates under Part 8.
3. Polling conducted on the writ date under Part 9.
4. Declaration votes accepted for a specified period after polling day.
5. Scrutiny conducted under Part 10: preliminary scrutiny of declaration votes, then counting of ballot papers.
6. Return of the writ under Part 11 on the declaration of the result.

Roll management:

• Rolls are continuously updated under s. 23.
• Periodic revisions conducted under s. 22.
• Collaboration with the Commonwealth for joint roll arrangements under s. 28.
• Electors may object to enrolment of other electors (ss. 33–35).

Political party registration:

• Application submitted; notice of application published (s. 41).
• Applications determined in order of receipt (s. 40).
• Registration granted if conditions met (s. 42).
• Eight-month delay before registration entitlements are available (s. 42AA).
• Annual returns and audits required (ss. 43A, 43C).

• Commonwealth Electoral Act 1918 (Cth): the joint Commonwealth-State roll arrangement under s. 28 links South Australian electoral rolls to the Commonwealth electoral roll, allowing shared maintenance and update processes.
• Australian Charities and Not-for-profits Commission Act 2012 (Cth): the definition of "ACNC registered entity" in Part 13A (s. 130A) brings ACNC-registered entities within certain definitional frameworks of the election funding regime.
• Local Government (Elections) Act 1999 (SA): local government elections in South Australia are separately governed; the Electoral Act 1985 applies to state parliamentary elections.
• Constitution Act 1934 (SA): the legislative assembly for which elections are conducted under this Act is established by the Constitution Act.

Electoral advertising must display authoriser details on every publication:

Section 112 applies to every printed or internet-published electoral advertisement, not just campaign materials from major parties. Third parties, interest groups, and individuals who publish commentary about candidates or parties must comply. The penalty is $5,000 for a natural person, and the requirement applies even to social media posts that constitute "electoral advertisements".

Party registration entitlements have an eight-month delay:

Section 42AA provides that entitlements resulting from political party registration are not available until eight months after registration. A newly registered party cannot immediately access the benefits of registration (such as appearing on the ballot with party affiliation) for the first election held within the eight-month window.

Compulsory voting applies in South Australia:

South Australia maintains compulsory voting. Enrolled electors who fail to vote without a valid excuse are subject to penalty. The exemption for a "reasonable excuse" is not defined in the Act and is assessed case by case.

Declaration votes are subject to strict scrutiny:

Declaration votes cast by post or other means are examined in a preliminary scrutiny before the votes are opened and counted. A declaration vote may be rejected if the elector was not enrolled or the declaration envelope was not completed correctly. Voters who cast declaration votes should carefully follow the instructions.

Membership information is confidential:

Section 46B makes membership information obtained under the Act confidential. Political parties and the Electoral Commissioner cannot disclose membership details except as authorised. Breach of this confidentiality obligation is an offence.

Example 1: Electoral advertising without authorisation

A community group publishes a flyer and posts it on social media calling on voters to vote against a particular candidate. The advertisement does not include the name and address of the person who authorised it. Under s. 112, this is an offence carrying a maximum penalty of $5,000. The authoriser (not just the publisher or distributor) is potentially liable.

Example 2: Party registration

A new political party applies for registration under Part 6. The Electoral Commissioner receives the application and publishes a notice. After a period in which objections can be lodged, the Commissioner determines the application and registers the party. The party must wait eight months (s. 42AA) before the registration entitlements (such as having the party name on the ballot paper) are available for a future election.

Example 3: Electoral bribery

A candidate's agent offers cash to a voter in exchange for agreeing to vote for the candidate. This is an electoral bribe under s. 109. Both the agent and anyone who solicited or received the bribe face a maximum penalty of imprisonment for seven years.

Example 4: Compulsory voting failure

An enrolled South Australian elector fails to vote at a state election without providing a valid excuse. Under s. 85, the elector is required to explain their failure to vote. If no valid excuse is accepted, the elector is liable to a fine. The process typically involves the Electoral Commissioner issuing a notice to the elector, who can provide a written explanation.

Example 5: Enrolment transfer obligation

An elector moves from the Norwood subdivision to the Prospect subdivision. Under ss. 32 and 32A, the elector must notify the Electoral Commissioner and transfer their enrolment to reflect the new address. The obligation to transfer is compulsory.