South Australian Current Acts South Australian Current Acts (1) Subject to
subsection (2), it is the duty of every elector to record his or her vote
at each election in a district for which the elector is enrolled.
(2) An elector who
leaves the ballot paper unmarked but who otherwise observes the formalities of
voting is not in breach of the duty imposed by subsection (1).
(3) Within the
prescribed period after the close of each election, the Electoral Commissioner
must send by post to each elector who appears not to have voted at the
election a notice, in the prescribed form—
(a)
notifying the elector that he or she appears to have failed to vote at the
election and that it is an offence to fail to vote at an election without a
valid and sufficient reason; and
(b)
calling on him or her to show cause why proceedings for failing to vote at the
election without a valid and sufficient reason should not be instituted
against him or her,
but the Electoral Commissioner, if satisfied that the elector is dead or had a
valid and sufficient reason for not voting, need not send such a notice.
(4) Before sending any
such notice, the Electoral Commissioner must insert in the notice a date, not
being less than 21 days after the date of posting of the notice, on which the
form attached to the notice, duly filled up and signed by the elector, is to
be in the hands of the Electoral Commissioner.
(5) Every elector to
whom a notice under this section has been sent must complete the form in the
indicated place by stating the reasons (if any) why proceedings for failing to
vote at the election should not be instituted against him or her, and then
sign the form and return it to the Electoral Commissioner not later than the
date inserted in the notice.
(6) If an elector is
absent or unable, by reason of physical incapacity, to complete, sign and
return the form, within the time allowed under subsection (4), any other
elector who has personal knowledge of the facts may complete, sign and return
the form, duly witnessed, within that time, and, in that case, the elector
will be taken to have complied with subsection (5).
(7) An elector must
not—
(a) fail
to vote at an election without a valid and sufficient reason for the failure;
or
(b) on
receipt of a notice under subsection (3), fail to complete, sign and
return the form (duly witnessed) that is attached to the notice within the
time allowed under subsection (4).
Maximum penalty: $50.
Expiation fee: $10.
(8) An elector has a
valid and sufficient reason for failing to vote at an election if—
(a) the
elector was ineligible to vote at the election; or
(b) the
elector was absent from the State on polling day; or
(c) the
elector had a conscientious objection, based on religious grounds, to voting
at the election; or
(d)
there is some other proper reason for the elector's failure to vote.
(9) A prosecution for
an offence against this section—
(a)
cannot be commenced except by the Electoral Commissioner or an officer
authorised in writing by the Electoral Commissioner;
(b) in
the case of a prosecution for failing to vote at an election or failing to
return a notice to the Electoral Commissioner in accordance with
subsection (4)—may be commenced at any time within 12 months of
polling day.
(10) In proceedings
for an offence against this section—
(a) a
certificate apparently signed by the Electoral Commissioner certifying that an
officer named in the certificate was authorised to commence the prosecution
will, in the absence of proof to the contrary, be accepted as proof of that
authority;
(b) a
certificate apparently signed by an officer certifying that the defendant
failed to vote at a particular election will be accepted as proof of that
failure to vote in the absence of proof to the contrary;
(c) a
certificate apparently signed by an officer certifying that a notice under
subsection (3) was posted to an elector, at the address appearing on the
electoral roll or at a postal address provided by the elector, on a date
specified in the certificate, will be accepted, in the absence of proof to the
contrary, as proof—
(i)
that the notice was duly sent to the elector on that
date; and
(ii)
that the notice complied with the requirements of this
Act; and
(iii)
that it was received by the elector on the date on which
it would, in the ordinary course of post, have reached the address to which it
was posted;
(d) a
certificate apparently signed by an officer certifying that the defendant
failed to return a form under this section to the Electoral Commissioner
within the time allowed under subsection (4) will be accepted, in the
absence of proof to the contrary, as proof of the failure to return the form
within that time.