South Australian Current Acts

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ELECTORAL ACT 1985 - SECT 66

66—Preparation of certain electoral material

        (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)         How-to-vote cards submitted under subsection (1)—

            (a)         must list candidates in the same order as their names will appear on the relevant ballot paper; and

            (b)         must comply with any other requirement prescribed by the regulations; and

            (c)         must be submitted in a quantity determined by the Electoral Commissioner; and

            (d)         must be received by the Electoral Commissioner not later than 4 days after the day for nomination; and

            (e)         if 2 or more candidates form a group for the purposes of a Legislative Council election—must be jointly submitted by or on behalf of all candidates in the group; and

            (f)         must not identify a candidate—

                  (i)         by reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or

            (ia)         by use of a word or set of words that comprises or contains the word "Independent" and—

                        (A)         the name, or an abbreviation or acronym of the name, of a parliamentary party or a registered political party; or

                        (B)         matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym; or

                  (ii)         by the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(3)(b),

unless the candidate provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that is signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that—

                  (iii)         the candidate is endorsed by the party; or

                  (iv)         the party has consented to the use of the relevant name or names or word or words; and

            (fa)         must not identify a candidate by use of the word "Independent" if the candidate is endorsed by a registered political party; and

            (g)         must, in relation to how-to-vote cards submitted by or on behalf of the same candidate or group of candidates, be in identical form.

        (3)         The form of a poster prepared under this section will, subject to this section, be as determined by the Electoral Commissioner.

        (4)         The order in which material is displayed in a poster or posters prepared under this section will correspond to the order in which the names of candidates will appear on the relevant ballot paper.

        (5)         The presiding officer at each polling booth must ensure that posters prepared for use in polling booths on polling day are displayed in a prominent position in the polling booth (in accordance with any directions issued by the Electoral Commissioner) and that a poster prepared under subsection (1) in relation to the relevant House of Assembly election is displayed in each voting compartment.



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