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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Optional Preferential Voting) Amendment Bill
2010
A BILL FOR
An Act to amend the Electoral
Act 1985.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Electoral
Act 1985
4Amendment of section
4—Interpretation
5Amendment of section 63—Voting
tickets
6Amendment of section 76—Indication of
vote
7Amendment of section 92—Interpretation of
ballot papers in Legislative Council elections
8Repeal of section 93
9Amendment
of section 94—Informal ballot papers
10Amendment of section
96—Scrutiny of votes in House of Assembly election
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Optional Preferential Voting)
Amendment Act 2010.
This Act will come into operation on the day on which the House of Assembly
is next dissolved, or next expires, after the Act is assented to by the
Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part
2—Amendment of Electoral
Act 1985
4—Amendment
of section 4—Interpretation
Section 4(1), definition of voting ticket, (b)—delete
paragraph (b)
5—Amendment
of section 63—Voting tickets
(1) Section 63(1)—after "group of candidates" insert:
in a Legislative Council election
(2) Section 63(4)(a)—delete "all" and substitute:
at least the prescribed minimum number of
(3) Section 63(4)(b)(i)—delete "all"
(4) Section 63(4)(b)(ii)—after "indicate" insert:
any
(5) Section 63(4)(b)(ii)(B)—delete subsubparagraph (B) and
substitute:
(B) over other candidates in the election who are not included in that
group.
(6) Section 63—after subsection (5) insert:
(6) In this section—
prescribed minimum number of candidates means a number equal
to the number of candidates required to be elected at the relevant
election.
6—Amendment
of section 76—Indication of vote
(1) Section 76(1)(a)—delete paragraph (a) and substitute:
(a) by placing the number 1 in the square opposite the name of the
candidate for whom he or she votes as his or her first preference, and
consecutive numbers in the squares opposite the names of the remaining
candidates in the order of the voter's preference for them until the voter has
indicated a vote for a number of candidates equal to the number of candidates
required to be elected and then, if the voter so desires, by continuing to place
consecutive numbers for 1 or more additional candidates in the order of the
voter's preference (but not so as to be required to indicate a preference for
all candidates); or
(2) Section 76(2)—delete subsection (2) and substitute:
(2) In a House of Assembly election, a voter must mark his or her vote on
the ballot paper by placing the number 1 in the square opposite the name of the
candidate for whom he or she votes as his or her first preference and, if the
voter so desires, by placing the number 2 and consecutive numbers in the
squares opposite the names of other candidates in the order of the voter's
preference for them (but not so as to be requited to indicate a preference for
all candidates).
7—Amendment
of section 92—Interpretation of ballot papers in Legislative Council
elections
Section 92(4)—delete subsection (4) and substitute:
(4) Where a voter marks a ballot paper by placing the number 1 in a
voting ticket square but also indicates a preference or preferences for
individual candidates, the indication of the preference or preferences will be
taken to be the vote of the voter and the mark in the voting ticket square will
be disregarded.
Section 93—delete the section
9—Amendment
of section 94—Informal ballot papers
(1) Section 94(1)(b)—delete paragraph (b) and substitute:
(b) it has no vote indicated on it;
(2) Section 94(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) If a series of numbers (starting from the number 1) appearing on a
ballot paper is non-consecutive by reason only of the omission of 1 or more
numbers or the repetition of a number (not being the number 1), the ballot
paper is not informal and the votes are valid up to the point where the omission
or repetition occurs.
10—Amendment
of section 96—Scrutiny of votes in House of Assembly
election
(1) Section 96(5)(d)(i)—after "voter's preference" insert:
(if any)
(2) Section 96(5)(d)(ii) and (iii)—delete subparagraphs (ii) and
(iii) and substitute:
(ii) if no candidate then has an absolute majority of votes, the process
of excluding the candidate who has the fewest votes, and counting each of that
candidate's ballot papers to the unexcluded candidate next in the order of the
voter's preference (if any), is to be repeated until—
(A) 1 candidate has an absolute majority of votes; or
(B) 1 candidate is left (on the basis that no candidate has an absolute
majority of votes),
and that candidate will be elected.