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Voting

How the House of Assembly result is determined

Details
Category: Voting
Published: 08 April 2019

A majority system of voting and counting called preferential voting is used to elect members of the House of Assembly. Preferential voting was first introduced in South Australia in 1929. 

In order to win a seat in the House of Assembly, a candidate is required to obtain an absolute majority (more than 50%) of the total formal votes cast in an electoral district.

If a candidate has a majority of the votes, the candidate is elected and no further counting is necessary. If no candidate receives the majority, the candidate with the least number of formal votes is ‘excluded‘ and that candidate's ballot papers are re-sorted to the other candidates according to the second preference shown on each ballot paper. The process of exclusions is repeated until one candidate gains more than half of the formal votes and is elected.

Each count continues until only 2 candidates remain, regardless of whether a candidate gains an absolute majority earlier in the count. 

If in the final count 2 candidates have an equal number of votes, the matter is referred by the Electoral Commissioner to the Court of Disputed Returns where the Court may determine the validity of disputed ballot papers. If it then appears that the deadlock has been resolved, the Court must declare the appropriate candidate elected, if not, the Court must order a fresh election. 

An example of how preferences work in the House of Assembly

Kate, Lyn, Tom and Steve stand for election.
They receive the following formal first preference votes:

An example of formal first preference ballot papers for the candidates Kate, Lyn, Tom and Steve. Kate has 4000 red votes, Lyn has 5000 green votes, Tom has 6000 orange votes and Steve has 5000 blue votes. In total this represents 20000 total formal votes.

There are a total of 20,000 formal votes.

To be elected a candidate needs an absolute majority (more than 50% - or more than half of the vote)

As none of the candidates has gained an absolute majority of the votes (more than 10,000) at this first count, the candidate with the least number of votes (Kate) is excluded and her ballot papers are transferred to the other candidates according to which candidate was allocated the number 2 (second preference).

Kate’s votes are transferred as follows:

 Kate's second preference votes are transferred to the other remaining candidates. She has 4000 preference votes that are being transferred. 750 go to Lyn who now has 5750 votes. 2000 go to Tom who now has 8000 votes. 1250 go to Steve who now has 6250 votes.

After Kate’s ballot papers have been distributed, neither Lyn, Tom, or Steve have gained an absolute majority. Lyn is now the candidate with the least number of votes so she is excluded and her ballot papers are distributed according to who was marked as the number ‘2’ (or the number ‘3’, if the ballot paper was previously transferred from Kate) preference.

Lyn's 5750 votes are being transferred to the two remaining candidates. Tom gets an extra 4000 votes to his current 8000 votes for a total of 12000 votes. Steve gets an extra 1750 votes to his 6250 votes for a total of  8000 votes.

Once the preferences on Lyn’s ballot papers have been distributed (4,000 are marked for Tom and 1,750 for Steve) the ballot papers are totalled for each remaining candidate.

Tom now has more than half of the total votes cast (an absolute majority) and is declared the elected candidate.

FAQs - failure to vote

Details
Category: Voting
Published: 08 April 2019

Is it compulsory to vote at state elections and by-elections?

Yes, however, you are only required to observe the formalities of voting (i.e. have your name marked off the roll and receive ballot papers). You are not required to mark the ballot papers. For more information, refer to section 85 of the Electoral Act 1985.

I haven’t enrolled. Why am I on the electoral roll?

You are on the electoral roll because you have been enrolled through federal direct enrolment. Legislation was passed in 2012 enabling the Australian Electoral Commission to automatically enrol people through information received from other government agencies. For more information, please visit the Australian Electoral Commission website.

I was not living at my enrolled address at the time of the election. Do I still have to vote?

Yes, even if you were not living at your enrolled address, but still within South Australia, it is compulsory to vote. You do not have to go back to your previous district to vote, you can vote at any polling booth in South Australia.

What if I was interstate at the time of the election?

Each state and territory offers early voting for South Australians located interstate at the time of an election. 

What if I was overseas at the time of the election?

It is not compulsory to vote at South Australian elections if you are travelling or living overseas. 

You will be automatically excused from voting in state elections if you notify the AEC that you are travelling or living overseas. Find out more on the AEC's website.

Overseas voting is available in some countries and a list of locations is displayed on the ECSA website at the time of the election. 

What if I was sick at the time of the election?

If you were unable to attend an early voting centre or a polling booth on polling day due to illness, you will receive an 'apparent failure to vote notice' following the election. You simply need to respond to the notice with your reason for not voting. If your reason is deemed valid and sufficient, you will be excused for not voting.

Why is the fine for not voting $112 when the Electoral Act 1985 states that the expiation fee is $10 and the maximum penalty is $50?

A victims of crime levy of $102 is included in the total amount payable under the expiation notice. Under section 32 of the Victims of Crime Act 2001, a victims of crime levy is imposed on all expiation notices issued. $50 is the maximum penalty the court could impose if you elected to be prosecuted for the offence. However, there are court fees and other costs involved in the court process, which is why most people choose to pay the fine. 

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Electoral Commission South Australia


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ELECTORAL COMMISSION SA
Level 6, 60 Light Square
Adelaide SA 5000

GPO Box 646
Adelaide SA 5001

Email: enquiry form

1300 655 232
(within SA only)

Authorised by M.Sherry
Electoral Commissioner

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