Failure to vote

Non-voter process

If you do not provide a valid and sufficient reason for not voting, you will receive the following 3 notices in accordance with section 85 of the Electoral Act 1985 and the Expiation of Offences Act 1996. The final stage is to refer the matter to the Fines Enforcement and Recovery Unit.

Note: You can provide a valid and sufficient reason at any time and you will not proceed to the next stage of the process.

Apparent failure to vote notice (First notice)

This notice is sent within 90 days following the election. It gives you the opportunity to explain why you didn’t vote, or if in fact, you did vote. It is an offence not to respond to this notice.

If your reason is accepted there is no further action.

Your response must be received by the date indicated on the notice.

Expiation notice $109 (Second notice)

You will receive an expiation notice if you do not respond to the apparent failure to vote notice, or if you don’t provide a valid and sufficient reason for not voting. The expiration notice is issued under the Expiation of Offences Act. 

The expiation amount is a $10 expiation fee for the offence and a $99 victims of crime levy.

Your options in dealing with the expiation notice are set out in the Expiation of Offences Act and are included on the reverse side of the expiation notice.

They are:

  • Pay the fine
  • Enter into a payment arrangement
  • Elect to be prosecuted (which means having the matter dealt with by a court)
  • Apply for a review of the expiation notice

You can provide a valid and sufficient reason at any time and you will not proceed to the next stage of the process.

Expiation reminder notice $180 (Third notice)

A reminder notice is issued if you fail to respond to the previous 2 notices. You will be required to pay the original fine plus a fee of $71.

Your options in dealing with the reminder notice are set out in the Expiation of Offences Act and are included on the reverse side of the notice.

They are:

  • Pay the fine
  • Enter into a payment arrangement
  • Elect to be prosecuted (which means having the matter dealt with by a court)
  • Apply for a review of the expiation notice

You can provide a valid and sufficient reason at any time and you will not proceed to the next stage of the process.

Note: All fines and fees are subject to change. These fines incorporate a victims of crime levy and other fees as per the Expiation of Offences Act.

Notice of order of enforcement

After 3 notices have been issued, the Electoral Commission SA refers the matter to the Fines Enforcement and Recovery Unit, if you:

  • fail to pay the fine, or
  • do not provide a valid reason for not voting.

The Fines Enforcement and Recovery Unit issues a notice of order of enforcement, which carries significant financial penalties in addition to the current penalties.

How to pay your fine

There are a few ways you can pay your fine prior to enforcement, these include:

You will need your expiation notice as it contains an identification number specific to you.

If you have misplaced your expiation notice you must contact the Electoral Commission SA.

Address: Level 6, 60 Light Square, Adelaide SA 5000 (Find us on the map using this link)

Postal: Electoral Commission SA, GPO Box 646, Adelaide SA 5001

Fines Enforcement and Recovery Unit

Once your fine is enforced (overdue) you must contact the Fines Enforcement and Recovery Unit as the Electoral Commission SA can no longer accept payments.

How to pay your overdue fine

The Fines Enforcement and Recovery Unit has flexible options to pay your fine.

Overdue fines can be paid:

  • online
  • via telephone
  • in person at any Australia Post office or Service SA Customer Service Centre.

You can also apply for a payment arrangement to spread your payment over a longer period.

Where a matter is not dealt with, the Fines Enforcement and Recovery Unit will apply escalating enforcement measures to recover the amount owed. These enforcements may include:

  • suspension of your driver’s license
  • deductions directly from your salary or bank account
  • clamping and impounding vehicles
  • seizing and selling assets

Contact the Fines Enforcement and Recovery Unit on 1800 659 538 or visit Fines SA.

How-to-vote cards

A how-to-vote card (HTV) is prepared by a party, group or independent candidate and indicates how they want you to record your preferences when voting. It is up to you whether you follow a HTV card or mark your ballot papers according to your own choices.

There are 2 types of HTV cards:

  • A HTV card lodged with the Electoral Commission of South Australia for display in polling booths and early voting centres.
  • A HTV card lodged with the Electoral Commission of South Australia by a person who intends to distribute the card during the election period.

Political party and candidate workers

Political party and candidate workers may be outside polling places with HTV cards showing you how they would like you to vote for their candidate. You do not have to take these if you don't want to.

A person must not distribute a HTV card during the election period unless it is substantially the same as a card lodged for display in polling booths or lodged with Electoral Commission of South Australia.

How to complete your ballot papers

The way to complete your ballot papers is different at each type of election in South Australia. On this page you can find instructions on how to complete your ballot paper correctly at each election.

State elections and by-elections

When voting in a state election you will be given 2 ballot papers: a small green paper for the House of Assembly, and a large white paper for the Legislative Council. At a by-election, you will just be given a green House of Assembly ballot paper.

House of Assembly

On the green House of Assembly ballot paper, you need to number every square in the order of your choice.

  • Write the number 1 in the square next to the candidate who is your first choice
  • Write the number 2 next to your second choice
  • Continue by placing the numbers 3, 4, 5 and so on until you have a number in every square. 

If you need assistance or make a mistake please see an electoral officer.

You can practice making a formal vote by using our interactive ballot paper below:

House of Assembly practice ballot paper >>

Legislative Council


On the white Legislative Council ballot paper, there are 2 ways you can vote. Either above the red line or below the line - but not both.

Vote above the red line:

If you choose to vote above the red line:

  • Write the number 1 in the square next to the party or group of candidates which is your first choice.
  • You can then write the number 2 next to your second choice, and so on for as many parties or groups of candidates as you like. You do not need to number every square.
  • Leave the rest of the ballot paper blank. Do not mark below the red line.  

By voting above the red line, your vote will go to the candidates within the group (or groups) you have chosen.

 

Vote below the red line:

If you choose to vote below the red line:

  • Write the number 1 in the square next to the candidate who is your first choice. 
  • Continue by placing the numbers 2, 3, 4, 5, 6 in the squares next to the other candidates of your choice until you have chosen a minimum of 12 candidates.
  • You may choose to continue numbering more than 12 candidates.  

By voting below the red line, you are deciding the order of candidates according to your preferences.

If you make a mistake, don't worry. Put a line through the mistake and write the correct information beside it, or you can ask an electoral officer for a replacement ballot paper.

You can practice making a formal vote by using our interactive ballot paper below:

Legislative Council practice ballot paper >>

First Nations Voice elections

When voting at a First Nations Voice election you will be given a ballot paper showing all the candidates for your region.

Sample ballot paper - SA First Nations Voice Election

To vote, you must write a number 1 in the box next to the name and photo of the candidate who is your first choice.

If you want to, you can vote for more candidates. Write the number 2 in the box next to the candidate who is your second choice, the number 3 in the box next to the candidate who is your third choice and so on.

Continue on until you have voted for all the candidates you want to.

You don’t have to number every box.

 

Remember, it’s your choice how many candidates you vote for.

You don’t have to vote for more than 1 candidate, but your Local First Nations Voice will have 7 or 11 elected representatives, so it is a good idea to vote for multiple candidates to represent you.

If you only vote 1, your vote can only help 1 candidate to get elected. The more candidates you vote for, the more you can help your preferred candidates get elected.

 

To view and download a copy of the 2024 Local First Nations Voice election ballot papers, click on the pictures below.

Sample ballot papers    

Central

Far North

Flinders & Upper North

Riverland & South East

West & West Coast

Yorke & Mid-North

 

More information

Download a copy of our easy read guide on voting at state elections (PDF, 1.5MB)

Download a copy of our easy read guide on voting in a by-election (PDF 2.64MB)

Voting in person

State elections and by-elections

Early voting

If you are unable to attend a polling booth on polling day, you may be eligible to vote at an early voting centre. During a state election, early voting centres open about 2 weeks before polling day and are located in South Australia, interstate and some overseas consulates and embassies. Strict eligibility criteria apply.

View eligibility criteria

You are eligible to vote at an early voting centre if, on polling day, you:

  • are more than 8 km from a polling booth
  • are travelling are ill, infirm or disabled – preventing you from attending a polling booth
  • are due to give birth shortly
  • are caring for someone who is ill, infirm or disabled - preventing you from attending a polling booth
  • have religious beliefs - preventing you from attending a polling booth
  • are working and unable to leave your workplace to vote
  • are a resident of a declared institution being a hospital, convalescent home, nursing home, home for the aged, hostel for the aged or infirm, prison or other place of confinement
  • have your address suppressed on the electoral roll (a silent elector)

Polling day

Polling booths open from 8:00 am until 6:00 pm on polling day. You can vote at any polling booth in the state, however voting outside your electoral district may take longer because you will need to cast a declaration vote.

Remote voting

Our mobile polling teams offer voting services across remote and regional South Australia in the fortnight prior to polling day. Locations, dates and times are advertised on our website and in metropolitan and regional newspapers closer to the election.

Voting in a hospital or a nursing home

To allow voters who are residents of hospitals, nursing homes and other similar institutions the opportunity to vote at state elections and by-elections, we send trained electoral teams to a large number of institutions. Locations, dates and times are available on the website closer to the election. Patients and residents of these institutions may also apply for a postal vote. These are known as "Declared institutions".

 

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