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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 2013
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 53—Multiple
nominations of candidates endorsed by political party
6Amendment of section
58—Grouping of candidates in Legislative Council election
7Amendment
of section 59—Printing of Legislative Council ballot papers
8Amendment
of section 63—Voting tickets
9Amendment of section
66—Preparation of certain electoral material
10Amendment of section
76—Method of voting at elections
11Substitution of section
92
92Interpretation of
ballot papers in Legislative Council elections
12Amendment of section
94—Informal ballot papers
13Amendment of section 95—Scrutiny of
votes in Legislative Council election
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Optional Preferential Voting)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
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
(1) Section 4(1)—after the definition of general
election insert:
group voting square means a square printed on a ballot paper
for a Legislative Council election in relation to the candidates included in a
group who have requested a group voting square for the purposes of the election
under section 58(2)(e);
(2) Section 4(1), definition of voting ticket—delete
the definition and substitute:
voting ticket means a written statement of a particular order
in which a voter might allocate preferences in a House of Assembly election,
being a statement for use under this Act in interpreting the votes of voters who
do not indicate an order of preference covering all candidates;
(3) Section 4(1), definition of voting ticket
square—delete the definition
5—Amendment
of section 53—Multiple nominations of candidates endorsed by political
party
Section 53(3)(b)(iii)—after "and" insert:
(in the case of a candidate for election as a member of the House of
Assembly)
6—Amendment
of section 58—Grouping of candidates in Legislative Council
election
Section 58(2)—after paragraph (d) insert:
and
(e) may contain a request for a group voting square for the group on the
ballot paper.
7—Amendment
of section 59—Printing of Legislative Council ballot
papers
Section 59(2)—delete subsection (2) and substitute:
(2) If the candidates in a group have requested under
section 58(2)(e) a group voting square, an additional square must be
printed on the ballot paper in order to provide for the casting of votes in that
square.
8—Amendment
of section 63—Voting tickets
(1) Section 63(1)—delete "or a group of candidates (but where a
candidate is a member of a group, a voting ticket must relate to the group as a
whole and not to an individual member of it)" and substitute:
for election as a member of the House of Assembly
(2) Section 63(2)(a)—delete "or candidates"
(3) Section 63(3)—delete "or candidates" wherever
occurring
(4) Section 63(3a)(a)—delete "or candidates are members" and
substitute:
is a member
(5) Section 63(3a)(b)—delete paragraph (b)
(6) Section 63(4)(b)(ii)—delete subparagraph (ii)
(7) Section 63(5)—delete subsection (5)
9—Amendment
of section 66—Preparation of certain electoral
material
(1) Section 66(1)—delete subsection (1) and
substitute:
(1) The Electoral Commissioner must have posters formed from how-to-vote
cards submitted by the candidates in the election prepared for use in polling
booths on polling day.
(2) Section 66(2)(d)—delete "in the case of how-to-vote
cards,"
(3) Section 66(2)(g)—delete "in the case of how-to-vote
cards—"
(4) Section 66(3)—delete "or booklet"
(5) Section 66(5)—delete subsection (5) and substitute:
(5) The presiding officer at each polling booth must ensure
that—
(a) in relation to a House of Assembly election, posters prepared under
subsection (1) are displayed in each voting compartment; and
(b) all other posters prepared under subsection (1) are displayed in
a prominent position in the polling booth and in accordance with any direction
issued by the Electoral Commissioner.
10—Amendment
of section 76—Method of voting at elections
Section 76(1)(b)—delete paragraph (b) and substitute:
(b) if the ballot paper contains 1 or more group voting
squares—by placing the number "1" in the square that relates to the
group of candidates for whom the voter votes as his or her first preference and,
if the voter so desires, by placing the number "2" and consecutive numbers
in the group voting squares that relate to other groups of candidates in the
order of the voter's preference for them (but not so as to be required to
indicate a preference for all groups of candidates).
Section 92—delete the section and substitute:
92—Interpretation of ballot papers in Legislative
Council elections
(1) This section applies only in relation to a Legislative Council
election.
(2) If a voter
records a vote on a ballot paper by placing the number "1" in the group
voting square for a group of candidates, the ballot paper is taken to have
recorded on it a first preference vote for the first candidate included in the
group and subsequent preferences for all other candidates included in the group
in the order in which the names of the candidates appear on the ballot
paper.
(3) If the voter
also records a vote on the ballot paper by placing the number "2" in the
group voting square for another group, the ballot paper is taken to have
recorded on it a preference, subsequent to those referred to in
subsection (2),
for the first candidate included in that other group and subsequent preferences
for all other candidates included in that other group in the order in which the
names of the candidates appear on the ballot paper.
(4) If the voter also records a vote on the ballot paper by placing the
number "3" or subsequent numbers in the group voting squares for other
groups, the ballot paper is taken to have recorded on it preferences, subsequent
to those referred to in
subsections (2)
and
(3), for the first
candidate included in those other groups and subsequent preferences for all
other candidates included in those other groups in the order in which the names
of the candidates appear on the ballot paper.
12—Amendment
of section 94—Informal ballot papers
Section 94(4a)—delete subsection (4a)
13—Amendment
of section 95—Scrutiny of votes in Legislative Council
election
(1) Section 95(3)(b)(i)—delete "voting ticket square" and
substitute:
group voting square
(2) Section 95(3)(b)(iii)—delete "voting ticket" and
substitute:
group voting square
(3) Section 95(7)(b)—after "next available preference"
insert:
(if any)
(4) Section 95(10)—after "subsequent preferences" insert:
(if any)
(5) Section 95(11)(a)—after "next available preference"
insert:
(if any)
(6) Section 95(11)(b)(i)—after "next available preference"
insert:
(if any)
(7) Section 95(11)—after paragraph (b) insert:
(c) a ballot paper that under this subsection is, pursuant to the
exclusion of a candidate, required to be transferred to a continuing candidate
must be set aside as finally dealt with if it does not indicate a next available
preference for a continuing candidate.
(8) Section 95(15)—delete subsection (15) and substitute:
(15) If, after all the candidates who have received a number of votes
equal to or greater than the quota are elected (following the transfer of votes
under this section) there is 1 or more remaining vacancies, the following
provisions apply:
(a) where there is 1 remaining vacancy—the continuing candidate
who has the most votes will be elected despite the fact that the number of votes
of that candidate may be below the quota;
(b) where there is more than 1 remaining vacancy—the continuing
candidates who have the most votes will be elected despite the fact that the
number of votes of each candidate may be below the quota.
(9) Section 95(16)—delete "the last vacancy" and
substitute:
a vacancy referred to in subsection (15)
(10) Section 95(25)—after "voter's preference" insert:
(if any)
(11) Section 95(25)—after "subsequent preferences" insert:
(if any)