Part 9Voting generally

Part 9—Voting generally 37—Postal voting to be used (1) Subject to section 41A, voting at an election or poll will be conducted on the basis of postal voting. (2) Subsection (1) does not prevent— (a) the delivery (whether personal or otherwise) and collection of voting papers under Part 8; or (b) the personal provision and return of voting papers under this Part. 38—Notice of use of postal voting The returning officer must, at least 28 days before polling day for an election or poll, by notice including the prescribed information published in a newspaper circulating in the area, inform electors that voting in the election or poll will be conducted entirely by means of postal voting. 39—Issue of postal voting papers (1) The returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of— (a) a ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and (b) an opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and— (i) that the ballot paper contained in the envelope contains their vote; and (ii) that they have not already voted at the election or poll; and (iia) if the voting papers are issued to a natural person—that the person is a State elector; and (iii) if the voting papers are issued to a body corporate or group—that they are eligible to vote and are the designated person for the body corporate or group. (2) The declaration under subsection (1) must appear on a tear-off extension to the envelope flap. (3) An envelope used under subsection (1) must be— (a) a pre-paid post envelope addressed to the returning officer; or (b) accompanied by a pre-paid post envelope addressed to the returning officer, and must comply with any prescribed requirement. (4) Postal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day. (5) Postal voting papers issued under subsection (4) must also include a declaration (in a form determined by the Electoral Commissioner) for the voter to set out the grounds on which an entitlement to vote is claimed. (6) Postal voting papers issued under this section must be accompanied by an explanatory notice and a set of candidate profiles that comply with the regulations and may be accompanied by other material determined by the returning officer. (7) Postal voting papers may be issued under this section— (a) by giving them to the prospective voter personally; or (b) by sending them by post— (i) to a prospective voter at the appropriate address on the voters roll; or (ii) in the case of a body corporate or group (without limiting any other method of delivery)—to the designated person for the body corporate or group at the address of the designated person on the voters roll; or (iii) in the case of a prospective voter whose name and address do not appear on the voters roll—at some other address of which the returning officer has received notice in a manner determined or approved by the returning officer. (8) The returning officer must keep a record of the electors and other persons to whom voting papers are issued under this section. (9) If postal voting papers are returned because they have not been able to be successfully delivered, the returning officer must retain those voting papers in a secure place.1 (10) The returning officer is not obliged to check the date of birth of a voter, or any other information, provided under this section (but may do so on a selective, random or other basis determined by the returning officer). (11) A vote may be admitted to the count notwithstanding that the voter's date of birth has not been declared (or accurately declared) under this section, or that there has been some other formal defect or error on the part of the voter in complying with the requirements of this section (unless the returning officer is of the opinion that the defect or error is sufficiently significant to warrant the rejection of the vote). (12) The returning officer is not required to issue postal voting papers under this section with respect to a person who the returning officer has reason to believe has died. 1 Fresh voting papers may be subsequently issued under section 43. 40—Procedures to be followed for voting (1) If a person to whom postal voting papers have been issued desires to vote by use of those papers, the following procedure must be followed: (a) the voter must mark his or her vote in the manner prescribed by this Act on the ballot paper supplied; (b) the voter must then fold the ballot paper so as to conceal the vote and place the folded ballot paper in the envelope and seal the envelope; (c) the voter must then ensure that any relevant declaration is signed; (d) the sealed envelope must then be delivered to an electoral officer for the relevant council (by post or personally) not later than the close of voting on polling day. (2) An electoral officer must, on the receipt of voting papers under subsection (1), immediately ensure the security of those voting papers in accordance with directions issued by the returning officer for the purposes of the election or poll. (3) However, an electoral officer may, before taking steps under subsection (2), check relevant information in accordance with instructions issued by the returning officer. 41—Voter may be assisted in certain circumstances (1) Subject to subsection (2), if a person who desires to vote by use of postal voting papers is illiterate or physically unable to carry out a procedure under this Part, a person of the voter's choice (being a person of or above the age of majority) may render such assistance as may be necessary in the circumstances and may, if necessary, vote on behalf of the voter in accordance with his or her directions and complete any declaration on behalf of the voter.1 (2) A person must not act under subsection (1) without first obtaining the approval of the returning officer to do so. (3) An approval under subsection (2)— (a) may be given in such manner as the returning officer thinks fit; and (b) may be given subject to such conditions as the returning officer thinks fit. 1 This section operates subject to section 61. 41A—Assisted voting (1) The regulations may make provision in relation to voting in an election or poll by prescribed electors by means of an assisted voting method. (2) Without limiting the generality of subsection (1), regulations made for the purposes of this section may— (a) determine, or provide for the determination of, 1 or more assisted voting methods and, in relation to each such method, determine, or provide for the determination of, the following: (i) matters related to voting using the assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy; (ii) the number of places where the assisted voting method is to be available, the location of those places (if relevant) and the days and times at which the method is to be available; (iii) which electors may use the assisted voting method; and (b) require the making of a record of each person who has voted using an assisted voting method; and (c) specify the information that is to be included in a record; and (d) provide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and (e) provide for the appointment by the returning officer of officers in relation to the conduct of an assisted voting method; and (f) provide for the application of this Act, or provisions of this Act, in relation to votes cast using an assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and (g) make provision for any other matters related to assisted voting. (3) To avoid doubt, nothing in this section (or in regulations made for the purposes of this section) authorises any elector to vote in more than 1 capacity at an election or poll. (4) An assisted voting method must be such that an elector using the method in relation to an election or poll— (a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election or poll that the elector would be given if the elector were voting by postal vote under this Part; and (b) is able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper. (5) Subject to this section, if an elector votes using an assisted voting method (an assisted vote)— (a) this Act applies (subject to any modifications prescribed under subsection (2)(f)) in relation to an assisted vote as if it were a vote delivered to an electoral officer for the relevant council in a sealed envelope; and (b) the record of the assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and (c) the requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied. (6) The returning officer may, by notice in the Gazette, determine that an assisted voting method is not to be used either generally or at 1 or more specified places. (7) A notice under subsection (6) must specify the election or poll in respect of which the determination applies. prescribed elector means a sight‑impaired elector or an elector of a class prescribed by the regulations for the purposes of this definition; sight‑impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance. 41B—Trial of in person voting before polling day for supplementary elections (1) The regulations may make provision in relation to voting in a supplementary election held during the trial period for the purposes of electors exercising their vote in the supplementary election by attending at a place established by the returning officer for the taking of votes before polling day for the supplementary election (a pre-polling centre). (2) Without limiting the generality of subsection (1), regulations made for the purposes of this section may— (a) provide for, or provide for the determination of— (i) requirements relating to pre-polling centres; and (ii) the days and times at which voting is to be available at pre-polling centres; and (b) modify or disapply a provision of this Act or the City of Adelaide Act 1998 for the purposes of electors exercising their vote at pre-polling centres; and (c) make provision for any other matters related to electors exercising their vote at pre-polling centres. (3) Nothing in this section (or regulations made under this section) affects other methods of voting at a supplementary election held during the trial period. (4) In this section— trial period means the period commencing 30 days after polling day for the periodic election to be held in 2026 and ending on the closing date for the periodic election to be held in 2030. 42—Signature to electoral material If a person who is unable to sign his or her name in writing makes a mark as his or her signature on any voting material, the mark will be taken to be the person's personal signature if it is witnessed by a person who provides his or her signature to verify the mark. 43—Issue of fresh postal voting papers (1) If the returning officer is satisfied that postal voting papers issued to an elector— (a) have not been received by the elector; or (b) have been lost; or (c) have been inadvertently spoiled, the returning officer may issue fresh postal voting papers to the elector. (2) The returning officer must keep a record of the issue of voting papers under this section. (3) The issue of fresh voting papers under this section automatically cancels the original voting papers. (4) An application for the issue of fresh voting papers must be received by the returning officer not later than 5 pm on the seventh day before polling day. 44—Security of votes (1) The returning officer must ensure that arrangements are in place for the efficient receipt and safekeeping of envelopes returned by persons voting at an election or poll, and for the confidential scrutiny of those envelopes (if the returning officer so chooses but without opening the envelopes) pending the close of voting. (2) The returning officer may give directions to other electoral officers for the purposes of subsection (1).