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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Miscellaneous) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Electoral
Act 1985
and to make a related amendment to the
Local
Government Act 1999
.
Contents
Part 2—Amendment of Electoral
Act 1985
4Amendment of section
4—Interpretation
5Amendment of section 8—Powers and
functions of Electoral Commissioner
6Amendment of section 15—Electoral
subdivisions
7Amendment of section 18—Polling
places
9Amendment of section 26—Inspection and
provision of rolls
10Amendment of section 31A—Itinerant
persons
11Amendment of section 41—Publication of
notice of application
12Amendment of section 48—Contents of
writ
13Amendment of section 49—Deferral of
election
14Amendment of section 53—Nomination of
candidates endorsed by political party
15Amendment of section 53A—Nomination of
candidate by a person
16Amendment of section 54—Declaration of
nominations
18Amendment of section 65—Properly staffed
polling booths to be provided
19Amendment of section 66—Preparation of
certain electoral material
20Amendment of section 71—Manner of
voting
21Amendment of section 72—Questions to be
put to person claiming to vote
22Amendment of section 73—Issue of voting
papers
23Amendment of section 74—Issue of
declaration voting papers by post or other means
24Amendment of section 76—Method of voting
at elections
25Amendment of section 77—Times and places
for polling
27Amendment of section 85—Compulsory
voting
28Amendment of section
89—Scrutiny
29Amendment of section 91—Preliminary
scrutiny
31Amendment of section 94—Informal ballot
papers
32Amendment of section 96—Scrutiny of
votes in House of Assembly election
33Amendment of section 115—Limitations on
display of electoral advertisements
34Amendment of section 125—Prohibition of
canvassing near polling booths
129AFalse or
misleading information
36Amendment of section
132—Injunctions
Schedule 1—Related amendment to Local
Government Act 1999
1Amendment of section 226—Moveable
signs
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Miscellaneous) Amendment
Act 2020.
This Act comes 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), definition of how-to-vote
card—delete "a card," and substitute:
written information
(2) Section 4(1), definition of registered voting
ticket—delete the definition
(3) Section 4(1), definition of remote
subdivision—delete the definition
(4) Section 4(1), definition of voting ticket—delete
the definition
5—Amendment
of section 8—Powers and functions of Electoral
Commissioner
Section 8(1a)—delete subsection (1a)
6—Amendment
of section 15—Electoral subdivisions
Section 15(3)—delete subsection (3)
7—Amendment
of section 18—Polling places
Section 18(4)—delete "by advertisement in a newspaper circulating
generally throughout the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
Section 25—delete the section
9—Amendment
of section 26—Inspection and provision of rolls
Section 26(1)—delete "(whether in printed or electronic form) of the
latest prints"
10—Amendment
of section 31A—Itinerant persons
(1) Section 31A(10)(b)—delete paragraph (b)
(2) Section 31A(10)(c)(iii)—delete subparagraph (iii)
11—Amendment
of section 41—Publication of notice of application
Section 41(1)—delete "in the Gazette and in a newspaper circulating
generally in the State." and substitute:
—
(a) in the Gazette; and
(b) on a website determined by the Electoral Commissioner; and
(c) in any other manner prescribed by the regulations.
12—Amendment
of section 48—Contents of writ
(1) Section 48(3)(a)(i)—delete "6" and substitute:
2
(2) Section 48(7)(a)—delete "in a newspaper circulating throughout
the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
13—Amendment
of section 49—Deferral of election
Section 49(1)—delete "in a newspaper circulating generally throughout
the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
14—Amendment
of section 53—Nomination of candidates endorsed by political
party
(1) Section 53(1)—delete subsection (1) and substitute:
(1) The registered officer of a registered political party may, after the
issue of the writ for the election, nominate a candidate or candidates endorsed
by the party for election as a member or members of the House of Assembly or the
Legislative Council.
(2) Section 53(2)—delete subsection (2)
(3) Section 53(3)—delete "paper must be in a form approved by the
Electoral Commissioner and"
made by a registered officer under this section must
(4) Section 53(3)(a)—delete paragraph (a) and substitute:
(a) be made in a manner and form determined by, and in accordance with any
requirements of, the Electoral Commissioner; and
(ab) be made at least 48 hours before the hour of nomination;
and
(ac) be accompanied by a deposit of the prescribed amount to be paid in
the manner determined by the Electoral Commissioner in respect of each candidate
nominated; and
(5) Section 53(3)(b)—delete ", signed by each candidate, that he or
she" and substitute:
made by the candidate in the prescribed manner, that the
candidate
(6) Section 53(3)(b)(iii)—delete ", and (in the case of a candidate
for election as a member of the House of Assembly) to lodge a voting ticket
under section 60A(1),"
(7) Section 53(4)—delete subsection (4) and substitute:
(4) If the Electoral Commissioner receives a nomination under this
section, the Electoral Commissioner must, as soon as is practicable (and in any
event at least 24 hours before the hour of nomination), provide a copy of
the nomination to the returning officer in respect of each district for which a
candidate has been nominated.
(8) Section 53(5)—delete "in writing lodged with the appropriate
district returning officer" and substitute:
to the Electoral Commissioner in a manner and form determined by the
Electoral Commissioner
(9) Section 53(6)—delete "returning officer must immediately inform"
and substitute:
Electoral Commissioner must immediately inform the appropriate district
returning officer and
(10) Section 53(7)—delete "some other person as the candidate
endorsed by the party for the district by lodging with the appropriate district
returning officer before the hour of nomination a duly completed nomination
paper" and substitute:
, before the hour of nomination and in accordance with the requirements of
subsection (3), some other person as the candidate endorsed by the party
for the district
15—Amendment
of section 53A—Nomination of candidate by a person
(1) Section 53A(1)—delete "on a nomination paper"
(2) Section 53A(2)—delete subsection (2)
(3) Section 53A(3)—delete "paper must be in a form approved by the
Electoral Commissioner and—" and substitute:
made by a person under this section must—
(a1) be made to the appropriate district returning officer before the hour
of nomination; and
(a2) be made in a manner and form determined by, and in accordance with
any requirements of, the Electoral Commissioner; and
(a3) be accompanied by a deposit of the prescribed amount to be paid in
the manner determined by the Electoral Commissioner; and
(4) Section 53A(3)(a)—delete "signed" and substitute:
endorsed, in a manner determined by the Electoral Commissioner,
(5) Section 53A(3)(b)—delete "signed by the candidate, that he or
she" and substitute:
made by the candidate in the prescribed manner, that the
candidate
(6) Section 53A(3a)(b)—delete "signs a nomination paper" and
substitute:
endorses a nomination
(7) Section (3a)—delete "signature" and substitute:
endorsement
(8) Section 53A(4)—delete "in writing lodged with" and
substitute:
given in a manner and form determined by the Electoral Commissioner
to
(9) Section 53A(4a)—delete "paper lodged under subsection (2)" and
substitute:
made under this section
16—Amendment
of section 54—Declaration of nominations
Section 54(1)(a)—delete "nomination papers" and substitute:
nominations
Section 60A—delete the section
18—Amendment
of section 65—Properly staffed polling booths to be
provided
(1) Section 65(1)—delete "returning officer for the district" and
substitute:
Electoral Commissioner
(2) Section 65(1)(a)—delete "within" and substitute:
for
19—Amendment
of section 66—Preparation of certain electoral
material
(1) Section 66(2)(c)—delete paragraph (c) and substitute:
(c) must be submitted in a manner determined by, and in accordance with
the requirements of, the Electoral Commissioner; and
(2) Section 66(2)(f)—delete "(in the form determined by the
Electoral Commissioner) that is signed" and substitute:
(made in a manner and form determined by the Electoral
Commissioner)
20—Amendment
of section 71—Manner of voting
(1) Section 71(1)—after paragraph (a) insert:
(ab) by attending at a pre-polling booth and voting in the manner
prescribed by this Act; or
(2) Section 71(2)(a)—delete "on polling day at a polling booth
outside the district for which he or she is enrolled as an elector" and
substitute:
at a polling booth other than 1 established in respect of the district
for which the elector is enrolled
(3) Section 71(2)(b)(i)—delete "8" and substitute:
20
(4) Section 71(2)(c)—delete paragraph (c)
21—Amendment
of section 72—Questions to be put to person claiming to
vote
Section 72(1)(a)—delete "and the address of the principal place of
residence"
22—Amendment
of section 73—Issue of voting papers
(1) Section 73(2)—delete "written"
(2) Section 73(2)—after "which" insert:
must be made in accordance with the requirements prescribed by the
regulations
(3) Section 73(2)(a) and (b)—delete paragraphs (a) and (b)
23—Amendment
of section 74—Issue of declaration voting papers by post or other
means
(1) Section 74(1)(b)—delete paragraph (b) and substitute:
(b) to an elector who applies for the issue of declaration voting papers
in the prescribed manner and within the designated time.
(2) Section 74(2)—delete subsection (2) and substitute:
(2) An officer who receives an application before the designated time must
ensure that they respond to the applicant as soon as practicable after receipt
of the application (and in any event no later than 24 hours after that
receipt).
(3) Section 74(3)(c)(ii)—delete "mobile polling booth" and
substitute:
pre-polling booth
(4) Section 74—after subsection (7) insert:
(8) In this section—
designated time means—
(a) in the case of an applicant who applies for the issue of declaration
voting papers to an address within the State—5 pm on the Tuesday
immediately preceding polling day; and
(b) in any other case—5 pm on the Friday falling 8 days
before polling day.
24—Amendment
of section 76—Method of voting at elections
Section 76(2)—delete subsection (2) and substitute:
(2) In a House of Assembly election, a voter must mark their vote on the
ballot paper by placing the number 1 in the square opposite the name
of the candidate for whom they vote as their 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 required to indicate a preference for
all candidates).
25—Amendment
of section 77—Times and places for polling
(1) Section 77(1)(b)—delete paragraph (b) and substitute:
(b) at such other places as may be determined by the Electoral
Commissioner—in a pre-polling booth.
(2) Section 77(2)(b)—delete "mobile polling booth in a remote
subdivision" and substitute:
pre-polling booth
(3) Section 77(3)—delete subsection (3) and substitute:
(3) The Electoral Commissioner must, on a website determined by the
Electoral Commissioner and in any other manner prescribed by the regulations,
advise the times and places for polling at a pre-polling booth.
(4) Section 77(3a)—delete "mobile polling booth" and
substitute:
pre-polling booth
(5) Section 77(3a)(a)(i)—delete "in a newspaper circulating
generally throughout the State" and substitute:
on a website determined by the Electoral Commissioner and in any other
manner prescribed by the regulations
(6) Section 77(3a)(a)(ii)—delete subparagraph (ii) and
substitute:
(ii) if the Electoral Commissioner considers it appropriate to do so in
the circumstances—by the Electoral Commissioner taking such steps as are
reasonably practicable to notify relevant electors of the alteration;
or
(7) Section 77(3a)(b)—delete "electors in the particular
subdivision" and substitute:
relevant electors
(8) Section 77(3b)—delete "mobile polling booth" and
substitute:
pre-polling booth
Section 83—delete the section
27—Amendment
of section 85—Compulsory voting
(1) Section 85(8)—after paragraph (c) insert:
(ca) the elector is an itinerant elector; or
(2) Section 85—after subsection (10) insert:
(11) In this section—
itinerant elector means—
(a) a person enrolled as an elector under section 31A; or
(b) an itinerant elector within the meaning of the
Commonwealth
Electoral Act 1918
.
28—Amendment
of section 89—Scrutiny
(1) Section 89(2)—delete subsection (2) and substitute:
(2) The scrutiny must commence—
(a) in relation to votes taken at a polling booth at an appointed polling
place—as soon as practicable after the close of poll; and
(b) in relation to ordinary votes taken at a pre-polling booth before
polling day—at such times and in such manner before the close of poll as
determined by the Electoral Commissioner,
and may be adjourned from time to time as may be necessary until the
counting of the votes is complete.
(2) Section 89—after subsection (3) insert:
(4) Any scrutiny undertaken before the close of poll must be undertaken in
accordance with this Act and the requirements prescribed by the
regulations.
29—Amendment
of section 91—Preliminary scrutiny
Section 91(1)(b)(i)(A)—delete subsubparagraph (A) and
substitute:
(A) of the identity of the elector (which must be verified in a manner
prescribed by the regulations); and
Section 93—delete the section
31—Amendment
of section 94—Informal ballot papers
(1) Section 94(1)(b)(i)—delete ", or it does not indicate, in the
manner required by this Act, the order of the voter's preference for all
candidates in the election"
(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.
32—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, in which case that
candidate will be elected; or
(B) 2 candidates remain, in which case the candidate who has the most
votes will be elected (despite the fact that neither candidate has an absolute
majority of votes).
33—Amendment
of section 115—Limitations on display of electoral
advertisements
(1) Section 115—after subsection (2) insert:
(2a) A person must not,
during an election period, exhibit an electoral advertising poster on a public
road (including any structure, fixture or vegetation on a public road), except
in circumstances prescribed by the regulations.
Maximum penalty: $5 000.
(2) Section 115—after subsection (3) insert:
(4) In this section—
electoral advertising poster means a poster displaying
electoral advertising made of—
(a) corflute; or
(b) plastic; or
(c) any other material, or kind of material, prescribed by the
regulations;
public road means a road within the meaning of the
Road
Traffic Act 1961
.
34—Amendment
of section 125—Prohibition of canvassing near polling
booths
Section 125(3)(a)—delete paragraph (a)
After section 129 insert:
129A—False or misleading
information
A person must not, in giving any information under this
Act—
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the
statement is false or misleading.
Maximum penalty: $1 250.
36—Amendment
of section 132—Injunctions
Section 132(2)—delete subsection (2)
Schedule 1—Related
amendment to Local Government
Act 1999
1—Amendment
of section 226—Moveable signs
(1) Section 226(3)(c)—delete "State or"
(2) Section 226(3)—after paragraph (c) insert:
(caa) the sign relates to a State election and is an electoral advertising
poster that is authorised to be exhibited under section 115(2a) of the
Electoral
Act 1985
(during an election period under that Act); or