Parties and Candidates

Overview

While Subdivisions 1 and 2 of the Electoral Act 1985 establish broad prohibitions on political donations and loans, Subdivision 3 introduces specific rules for regulated designated participants. These participants may still receive donations and loans within strict limits, such as a $5,000 individual cap per financial year, provided they comply with disclosure and return requirements.

Who Is a regulated designated participant?

This includes:

Electoral donations

Individual cap on donations

  • A donor may contribute up to $5,000 per financial year to a regulated designated participant.
  • Multiple donations from the same donor are aggregated to assess whether the cap is exceeded.

Prohibited donations

  • It is unlawful to accept donations that exceed the $5,000 cap.
  • If an excess donation is received:
    • It must be returned to the donor, or
    • If that’s not possible, it must be transferred to the Electoral Commissioner for deposit into the consolidated account.

Exception

  • Donations paid into a federal account under the Commonwealth Electoral Act 1918 are exempt from the cap.

General cap on donations during election periods

What Is the general cap?

  • During the capped expenditure period, total donations must not exceed the participant’s applicable expenditure cap.

Consequences of breach

  • If exceeded, the agent may be liable to repay twice the excess to the Crown.
  • No penalty applies if the excess is promptly returned or transferred.

Electoral loans

Individual cap on loans

  • A donor may lend up to $5,000 per financial year to a regulated designated participant.
  • Loans from the same person are aggregated.
  • Loans from financial institutions are exempt.

Prohibited loans

  • Loans exceeding the cap must be returned or transferred to the Electoral Commissioner.
  • Loans paid into a federal account are exempt.

General cap on loans during election periods

  • Total loans during the capped expenditure period must not exceed the expenditure cap.
  • Excess loans may result in the agent being liable for twice the excess.

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Under section 130Z of the Electoral Act 1985 (the Act), political expenditure during elections is subject to strict caps. These limits are designed to promote fairness, prevent disproportionate influence, and ensure transparency in campaign financing. Caps vary depending on the type of election (general or by-election), the number of candidates endorsed, and whether the campaigner is a party, candidate, or third party. The caps apply to:

  • Registered political parties
  • Endorsed and independent candidates
  • Third-party campaigners
  • Groups of candidates in the Legislative Council .

These provisions are outlined in:

  • Section 130Z – Applicable expenditure caps
  • Section 130ZA – Offences for exceeding caps
  • Section 130ZB – Attribution of political expenditure
  • Section 107(7) – Election may be declared void due to breaches.

Expenditure caps by participant type

Participant type Election type Expenditure cap (2026 indexed)
Registered political party Legislative Council only $500,000
Registered political party House of Assembly districts $75,000 × number of districts - candidate allocations
Registered political party Legislative Council candidates $100,000 × number of candidates (max 5)
Endorsed candidate House of Assembly Up to $100,000 (or $40,000 if no agreement)
Independent candidate House of Assembly $100,000
Independent candidate Legislative Council $125,000
Group of independent candidates Legislative Council $100,000 × number of candidates (max 5)
Third party General election $450,000
Third party By-election (House of Assembly) $60,000
Third party Per district (General election) Max $60,000 per district

Capped expenditure period: In a general election, this period begins on 1 July in the year before the election. For any other election, it starts on the day the vacancy is announced in the House of Assembly by, or on behalf of, the Speaker. For all elections, the capped expenditure period ends 30 days after polling day.

Candidate allocation agreements

For endorsed candidates in House of Assembly districts, the expenditure cap is determined by an agreement between the candidate and the party’s agent. This agreement must:

  • Be no more than $100,000 (2026 indexed).
  • Be formally notified to the Electoral Commissioner at least 8 days before polling day.
  • Default to $40,000 if no agreement is made.

Once notified, the agreed amount cannot be changed, and the Electoral Commissioner will not publish the agreement until after the capped expenditure period ends.

Attribution of political expenditure

When a candidate is endorsed by a registered political party, both the party and the candidate must ensure that political expenditure is properly attributed and does not exceed the applicable cap.

  • Party agents must monitor spending to avoid breaching the candidate’s cap.
  • Endorsed candidates must ensure their expenditure relates only to their own electoral district.
  • Expenditure is considered district-related if it is communicated to electors in that district and not mainly to those outside it.

Penalties for exceeding expenditure caps

Breaching the expenditure caps during the capped period can result in serious consequences. If a person exceeds their cap:

  • The Crown may recover an amount equal to 10 times the excess from the agent responsible.
  • This recovery is in addition to any other penalties or offences under the Electoral Act.
  • Agents must actively monitor and manage expenditure to avoid liability.

Election may be declared void

An election may be declared void on the grounds of a breach of section 130ZA (the capped expenditure provisions) if the Court of Disputed Returns finds, on the balance of probabilities, that the result of the election was affected by the breach.

Local Government Council Elections – Update

The next periodic local government council elections will now be held in April 2027 (previously scheduled for November 2026).

On this page

Overview

Council elections are your opportunity to make your mark and represent your community. If you are passionate about your local area, willing to work as part of a team, keen to learn and ready to make a difference, you can nominate for a position on council.

In South Australia, whole‑of‑state council elections (called periodic elections) are held every four years for all 68 councils except the Municipal Council of Roxby Downs, which operates under its own administration.

If an elected position becomes vacant between periodic elections, the Electoral Commission of South Australia (ECSA) may conduct a supplementary election. Vacancies can occur due to death, illness, resignation or other circumstances under the Local Government (Elections) Act.

This page provides an overview of council elections and links to more detailed information under the headings below.

2027 Council elections timetable

  • Rolls close — 5pm, Monday 4 January 2027
  • Nominations open — Tuesday 26 January 2027
  • Nominations close — 12 noon, Tuesday 9 February 2027
  • Draw for ballot paper order — 9am, Wednesday 10 February 2027
  • Candidate profiles published online — no later than Tuesday 23 February 2027
  • Mail out of voting material — Thursday 11 March to Wednesday 17 March 2027
  • Close of voting (polling day) — 5pm, Wednesday 7 April 2027
  • Scrutiny and count — 9am, Saturday 10 April 2027

Acts and regulations

The rules that govern council elections are set out in:

These should be read together with the Local Government Act 1999 and the City of Adelaide Act 1998.

Standing as a candidate

Eligibility and responsibilities

To stand as a candidate in a South Australian council election, you must meet the eligibility requirements set out in the Local Government (Elections) Act 1999. These requirements cover citizenship, enrolment, nomination rules, and circumstances where a person may be ineligible to run. Eligibility differs between periodic and supplementary elections, and additional conditions may apply depending on your situation.

Candidates also have important responsibilities designed to support fair, transparent and lawful participation. These include ensuring all electoral material is properly authorised and not inaccurate or misleading, lodging the required disclosure returns during and after the election period, complying with restrictions on electoral advertising, and avoiding any conduct that may constitute an illegal practice under the Act.

Understanding and meeting both the eligibility requirements and candidate obligations helps maintain the integrity of the electoral process.

👉 Learn more about standing as a council candidate

Disclosure returns

A person who is a candidate for election to an office of a council must lodge disclosure returns at the times prescribed by the Local Government (Elections) Act 1999 and the City of Adelaide Act 1998.

👉 Learn more about disclosure requirements

Electoral advertising

In this guidance, electoral advertising refers to 'electoral material' as defined in the Local Government (Elections) Act 1999.

Restrictions apply to the publication and display of electoral material during South Australian local government elections. These requirements are set out in Part 7 of the Local Government (Elections) Act 1999  and section 226 of the Local Government Act 1999.

The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you are unsure about your obligations, you should seek independent legal advice.

👉 Learn more about electoral advertising

Illegal practices

South Australian council elections are governed by strict rules to protect free, fair and transparent participation. Part 12 of the Local Government (Elections) Act 1999 sets out a range of illegal practices, including bribery, intimidation, interference with voting processes, dishonest conduct, and other actions that undermine the integrity of an election. Penalties apply for anyone who engages in this behaviour.

👉 Learn more about illegal practices

Responsibilities as a council member

Councils are responsible for many of the services that make South Australia such a great place to live and work, including libraries, playgrounds, sporting facilities and rubbish and recycling. 

Becoming a councillor or mayor means you will help shape a wide range of policies and decisions that will impact the short and long-term future of your local community. 

More information can be found on the council elections website.

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Local Government Council Elections – Update

The next periodic local government council elections will now be held in April 2027 (previously scheduled for November 2026).

Public inspection of returns

👉 For information about disclosure obligations, see disclosure requirements for council candidates.

Under Part 14 of the Local Government (Elections) Act 1999, the returning officer must publish campaign donation returns within the required timeframes.

Campaign donation returns and gift returns for each candidate are available on the candidate’s profile on the council elections results site.

This link will take you to the results site. Select a candidate's profile and use the blue button beside each return to view it.

Records

Under section 89 of the Local Government (Elections) Act and section 33 of the City of Adelaide Act, a person must keep all records needed to complete a return for 4 years after the return is due.

Maximum penalty: $5,000.

Offences

Under section 85 of the Local Government (Elections) Act and section 29 of the City of Adelaide Act, it is an offence to:

  • fail to lodge a required return on time
  • lodge a return that is knowingly false or misleading
  • provide false or misleading information for inclusion in a return

Maximum penalty: $10,000.

More information

For full legislative requirements, refer to:

Disclaimer: The information provided above is general in nature. Candidates and others should refer to the specific wording of the Act and Regulations and seek independent legal or other advice on any issues of interpretation that may arise.

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