Parties and Candidates
On this page
- Legislative Council elections
- Payment structure
- Lodging a certificate
- Early payment
- Deductions and repayments
- Compliance and auditing
Overview
Advance public funding is a new initiative introduced under the Electoral (Accountability and Integrity) Amendment Act 2024. It provides eligible political participants with early access to public funds to support their state election campaigns.
This funding is available to candidates, groups, registered political parties, and independent members who meet specific requirements and lodge the appropriate certificate before polling day. Payments are made in instalments and are calculated based on previous election results or a legislated set amount.
Advance funding is designed to help cover legitimate campaign costs during the capped expenditure period. Strict rules apply to eligibility, timing, use of funds, and repayment obligations.
For full requirements and processes, see the Advance Funding Guide (PDF, 293KB).
Legislative Council elections
Under Section 130PC of the Electoral Act 1985 (the Act), the Electoral Commissioner may provide advance public funding for candidates and groups contesting the Legislative Council (LC) district during a general election. Payments are made in 2 instalments.
Eligibility
Advance payments are available to:
- Entitled registered political party
- Other registered political party
- Independent LC candidate (current/former MP)
- Group of LC candidates (includes current/former MP)
- Entitled LC group (not endorsed by a party)
- Entitled LC candidate (not endorsed by a party)
- LC minor party
- Meets specific criteria and endorses candidates in both LC and HA districts.
To receive funding, the agent of the recipient must lodge a section 130PF certificate with the Electoral Commissioner before polling day.
Payment structure
Advance funding is paid in 2 instalments:
- Payment A: 60% of the notional amount (or set amount)
- Payment A is made after the section 130PF certificate is lodged.
- Payment B: 20% of the notional amount (or set amount)
- Payment B is made after the writ is issued or nominating/grouping is confirmed (whichever applies).
Payments are made to the state campaign account, not to individuals.
How it's calculated
Notional amount = eligible votes from previous LC election x per-vote amount (section 130P).
Special rules apply to:
- Newly registered parties (between 2 LC elections.
- Minor parties using votes from the 2 preceding LC elections.
Advance funding by recipient
| Recipient | Payment A | Payment B |
|
Entitled registered political party |
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| Other registered political party |
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|
|
Independent LC candidate (current or former MP) |
|
|
|
Group of LC candidates (includes current or former MP) |
|
|
| Entitled LC group (not endorsed by a party) |
|
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| Entitled LC candidate (not endorsed by a political party) |
|
|
Lodging a section 130PF certificate
Timing:
- Must be lodged after the capped expenditure period begins.
- Must be lodged before polling day.
Once lodged:
- The certificate cannot be withdrawn.
Missed deadline:
- No advance funding will be paid.
- You may still qualify under section 130Q(3)(b) if a section 130Q certificate is lodged within 14 days after polling day.
Early payment of certain advance funding
Under section 130PD of the Act, certain political participants may request an early payment of a portion of their advance public funding before the capped expenditure period begins.
👉 See advance funding early payment page for more information
Deductions and repayments
Section 130PE of the Act outlines how advance public funding received under sections 130PA to 130PD is managed in relation to final public funding entitlements for Legislative Council elections.
Deductions
Any advance funding received for Legislative Council elections will be deducted from the amount of public funding payable under section 130P.
Repayment
The Electoral Commissioner may require repayment of advance funding if any of the following conditions apply:
-
Non-participation
The party, candidate, or group does not contest the election.
Exception: A valid reason for non-participation may be accepted by the Electoral Commissioner. -
No entitlement to public funding
Repayment may be required if the agent represents:- A party with no members of parliament at the time of dissolution.
- A candidate or group with no parliamentary representation.
and there is no entitlement under section 130Q(1) or (2).
-
Vote share affects entitlement
For candidates or groups without parliamentary representation, the amount of public funding is based on the percentage of first preference votes received:- 0% to 10%: $3.50 per eligible vote (indexed).
- More than 10%: $3.00 per eligible vote (indexed).
-
Party dissolution
The party ceases to operate, is deregistered, or is being dissolved or wound up before polling day.
Compliance and auditing
Participants who receive advance public funding are subject to compliance obligations under the Act and the Regulations. These obligations ensure that public funds are used appropriately and transparently.
Record-keeping requirements
All participants must maintain accurate and complete records of:
- Campaign-related expenditure funded by advance payments.
- Invoices, receipts, and contracts for goods and services.
- Staff employment records and payment details.
- Advertising materials and distribution logs.
- Bank statements for the state campaign account.
Records must be retained for at least 4 years after polling day and be made available to the Electoral Commissioner upon request.
Auditing and review
The Electoral Commission of South Australia (ECSA) may:
- Audit campaign expenditure to verify compliance with funding rules.
- Request supporting documentation for any claimed expenses.
- Investigate potential misuse of public funds or breaches of the Act.
Participants may be required to repay funds if:
- Expenditure is found to be ineligible.
- Records are incomplete or inaccurate.
- The participant fails to meet vote thresholds or other eligibility criteria.
Penalties for non-compliance
Failure to comply with funding conditions may result in:
- Repayment of advance funding.
- Loss of future funding eligibility.
- Referral for investigation under electoral or criminal law.
ECSA encourages all participants to seek professional advice and maintain strong financial governance throughout the campaign period.
On this page
- Overview
- HTVCs at polling places
- Lodgement rules for polling places
- Authorisation requirements for distributed HTVCs
- Lodgement rules for general distribution
- Mandatory content (Regulation 20)
- Font size requirements
- Appearance and consistency
- Why register a HTVC
- What counts as distribution
- Offences and penalties
- Compliance
- Complaints
- Related information
Overview
Under section 4 of the Electoral Act 1985 (the Act), a how-to-vote card (HTVC) is defined as: 'A card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter'.
During the election period (from the issue of the writ until 6 pm on polling day), any HTVC that is published or distributed must:- Contain a compliant authorisation
- Not mislead voters
- Not induce an informal vote
This page summarises key legal requirements for creating, lodging and distributing HTVCs in South Australian state elections.
- Section 66 applies to HTVCs used inside polling places and early voting centres
- Section 112A applies to any HTVC distributed anywhere during the election period.
Disclaimer: This information is for general guidance only and does not replace or override the Act. Seek independent legal advice if you are unsure about your obligations.
Back to topHTVCs at polling places
Section 66 of the Act regulates HTVCs submitted to the Electoral Commissioner for display in polling places on polling day, and inclusion in booklets for early voting centres, remote mobile polling and declared institutions.
- A candidate may submit a HTVC for use at all in‑person voting services.
- Only one HTVC per candidate per district may be accepted for display.
- No person may distribute or display a HTVC at a polling place unless it is substantially the same as the lodged version.
- HTVCs cannot be published or distributed at polling places unless they are registered with ECSA.
Lodgement rules for polling places (section 66)
HTVCs for polling places or early voting centres must be lodged:- No later than 4 days after the close of nominations
- 2026 deadline: 5 pm, Friday 6 March 2026
- Display cards – for inclusion at polling places and early voting centres
- Distribution cards – for individuals intending to hand out cards during the election period
Authorisaton requirements for distributed HTVCs (section 112A)
Any material resembling a HTVC distributed during the election period must include:- Name of the person authorising the material
- Physical address of the authoriser (not a PO Box)
- Party name or abbreviation (if authorised by a registered party or endorsed candidate)
- Third-party name (if authorised by a relevant third party)
ECSA may approve a PO Box for independent candidates if the suburb of residence is also provided.
👉 Download the PO Box Authorisation Application
Lodgement rules for general distribution (section 112A)
A HTVC distributed during the election period must be substantially the same as:- A version submitted under section 66, or
- A version lodged no later than 12 noon, 8 days before polling day
- 2026 deadline: Friday 13 March 2026
Additional rules:
- A card may compile multiple compliant HTVCs from different districts if all authorisation requirements are met.
- If a candidate has already submitted a section 66 HTVC and distributed a substantially similar card, no additional section 112A lodgement is required.
- A candidate may lodge only one section 112A HTVC per election. Later versions must be identical in appearance to the original lodged version.
- Each district's HTVC included on a combined card must still meet all mandatory content requirements.
Mandatory content — Regulation 20
Every HTVC lodged under section 112A must include:- Voting instructions, shown as either:
- numbered preference squares, or
- a '1' before the candidate's surname (if identical to a section 66 voting ticket) plus a statement requiring preferences for all other candidates
- The exact words 'How-to-vote'
- Candidate name(s)
- Authorisation details
- District name
Note: HTVCs may be lodged electronically.
Font size requirements — Regulation 20
Minimum required font sizes:
- A6 or smaller: Arial 10 pt minimum
- Larger than A6 but smaller than A3: Arial 14 pt minimum
- Larger than A3: Arial 20 pt minimum
Card size is based on area, not shape.
Appearance consistency
All distributed versions must be substantially the same. Acceptable differences include size, shape, font, medium, and preference indication method.
Not acceptable: promoting a different first-preference candidate without written notice at least 8 days prior.
Why register a how‑to‑vote card?
Registration helps ensure voters are not misled. It is an offence to distribute an unregistered HTVC at a polling place, including:- Distributing a card not lodged with ECSA.
- Distributing a card that differs substantially from the lodged version.
What counts as distribution?
A person distributes a HTVC if they make it available for people to take away.
A HTVC is not considered distributed if it is displayed only.
Examples of distribution
- Handing out printed cards at polling places or elsewhere.
- Leaving stacks of cards in public areas.
- Including HTVCs in mail‑outs.
- Electronic sharing (website uploads, social media posts, emails, messages). Authorisation must be immediately accessible.
- The authorisation must appear on the material itself or be accessible within one click.
Only HTVCs intended for distribution during the election period are subject to authorisation and lodgement rules.
Offences and penalties
Distributing a non‑compliant HTVC may result in:- A fine of up to $5,000.
- A direction from the Electoral Commissioner to cease distribution or publish a formal retraction.
Cards must not contain false or misleading statements of fact. Misleading advertising is an offence under section 113.
Compliance
Election staff may:- Require a person to produce a HTVC for inspection.
- Confiscate cards not accepted by ECSA.
Publishing or distributing unauthorised or misleading material is an offence.
Complaints
- Campaign workers may lodge complaints with the presiding officer if unregistered HTVCs are observed.
- Complaints should include a copy or photo of the HTVC.
- Matters may be escalated to the returning officer.
- The accountable person for the HTVC may be contacted.
Related information
- Electoral Act 1985 (SA), Part 13, Division 2
- RO16 House of Assembly Candidate Guide (PDF, 2.6MB)
- RO17 Legislative Council Candidate Guide (PDF, 2.4MB)
- Information Sheet: How-to-Vote Cards (PDF, 514KB)
The Electoral Commission of South Australia (ECSA) is required under section 26 of the Electoral Act 1985 (the Act) to provide electoral roll data to specific persons and organisations.
Entities eligible to apply under section 26(2)(a)–(d) include:- Members of the House of Assembly
- Members of the Legislative Council
- Registered officers of registered political parties
- Nominated candidates in an election
Scope of entitlements
Members of Parliament (MPs)
MPs may receive electoral roll data for:- the district for which they were elected, and
- any other division that, after redistribution, includes all or part of that district
Nominated candidates
Candidates may receive electoral roll data for:- the district for which they have nominated, and
- any other division that, after redistribution, includes all or part of that district
Registered officers of registered political parties (RPPs)
- Registered officers may request electoral roll data for any district.
Access to electoral roll data
Access is provided through ECSA’s secure file system (Kiteworks) once a valid application has been approved.
Conditions of use
Electoral roll data provided under section 26 may only be used:- to carry out the functions of a Member of Parliament, or
- for the distribution of electoral matter
Maximum penalty for misuse: $10,000.
Application process
Eligible persons or parties must submit an online roll access request form.
👉 Request for copy of the electoral roll
- Requests submitted by any other method may not be processed.
- Once the request has been processed, ECSA will notify the applicant by email when the data is available for download.
- Only the entitled entity may submit the request — the candidate, the registered officer, or the Member of Parliament.
Additional information
Requests are generally actioned within 5 business days.
For enquiries, contact ECSA at
On this page:
- Definitions
- Authorisation requirements
- Restrictions on display of electoral advertisements
- Headings on electoral advertisements
- Misleading advertising
- How-to-vote cards
- Broadcast media authorisations
- Digital advertising
- Artificial intelligence (AI)
This page provides guidance on the legal requirements for electoral advertising during South Australian state elections. All candidates, parties, and third-party campaigners must comply with the Electoral Act 1985 (Electoral Act) and associated Electoral Regulations 2024 (Electoral Regulations).
References
- Broadcasting Services Act 1992 (Cth)
- Electoral Act 1985 (SA)
- Electoral (Control of Corflutes) Amendment Act 2024
- Electoral (Miscellaneous) Amendment Act 2024
- Electoral Regulations 2024
- Local Government Act 1999
- Guidelines for the broadcast of political matter (Australian Communications and Media Authority (ACMA))
Definitions
Electoral Act - Part 1, section 4.
- Electoral advertisement: An advertisement containing electoral matter.
- Electoral matter: Matter calculated to affect the result of an election.
Note: The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you're unsure about your obligations, we strongly recommend seeking independent legal advice.
Authorisation requirements
Under section 112 of the Electoral Act, any electoral advertisement, whether printed or published online, must include:
- Name and street address of the authoriser (a PO Box cannot be used).
Note: Independent candidates (those not endorsed by a registered political party) may use a PO Box instead of a street address if they have approval from the Electoral Commissioner and the suburb where the candidate lives is included at the end of the advertisement.
👉 Download the PO Box Authorisation Application form. - If authorised for a registered political party or an endorsed candidate: the party's name or its registered abbreviation.
- If authorised for a relevant third party: the name of that third party.
Exceptions: Small items such as stickers, badges, lapel buttons, pens, pencils and balloons are exempt.
Compliance note: Failure to include correct authorisation details is an offence.
Maximum penalty: $5,000 for individuals, $10,000 for bodies corporate.
Restrictions on the display of electoral advertisements
Section 115 of the Electoral Act and the Electoral (Control of Corflutes) Amendment Act 2024.
Size of electoral advertisements
- Advertisements on vehicles, buildings, hoardings, or structures must not exceed 1 square metre.
- Advertisements within 1 metre of each other for the same candidate or party are treated as a single advertisement.
Penalty: Up to $5,000.

Prohibited locations
- It is prohibited to exhibit electoral advertising posters on public roads or road-related areas, including structures, fixtures, or vegetation.
Penalty: Up to $5,000.
Exceptions
- Posters held by a person (directly or attached to a device).
- Posters not attached to a structure, displayed at or near a designated event or activity immediately before, during, or after (maximum 6 hours).
- Posters of a prescribed kind or in prescribed circumstances under regulations.
Compliance note: Significant penalties apply for breaches of size and placement rules under section 115.
Enquiries about the placement of signs in public spaces (e.g. height, location) should be directed to the relevant council, as these matters fall under the Local Government Act 1999.
Headings on electoral advertisements
Part 13, Division 2 of the Electoral Act.
All electoral advertisements must clearly identify the candidate or party they promote. Headings should not mislead voters about the source or purpose of the advertisement.
Misleading advertising
Under section 113 of the Electoral Act, it is an offence to publish electoral material that contains statements of fact that are inaccurate and misleading to a material extent.
Maximum penalty: $5,000 for individuals, $25,000 for bodies corporate.
The Electoral Commissioner may require withdrawal or publication of a retraction.
How-to-vote cards
Part 6 of the Electoral Regulations.
How-to-vote cards must comply with authorisation requirements and must not mislead voters. They should clearly indicate the candidate or party issuing the card and follow the official ballot format.
👉 Learn more on our How-to-Vote Cards page
👉 How-to-Vote Cards Information Sheet (PDF, 514KB)
Broadcast media authorisations
Section 112 of the Electoral Act and the 'Guidelines for the broadcast of political matter' (Australian Communications and Media Authority (ACMA)).
- Radio advertisements must include a spoken authorisation at the end of the advertisement. This format requirement is governed by federal broadcasting regulations, including the Broadcasting Services Act 1992 and ACMA guidelines.
- Television advertisements must include both a spoken and a text-based authorisation at the end of the advertisement. Also governed by federal broadcasting regulations.
While section 112 of the Electoral Act outlines the content of the authorisation (i.e., what must be included), the formatting requirements for broadcast media are set by federal law and apply nationally, including in South Australia.
Digital advertising
Online and social media advertising must comply with authorisation requirements. Paid digital ads may be subject to additional disclosure obligations under the Electoral Act.
Artificial intelligence in electoral advertising
Under sections 115B to 115D of the Electoral Act, it is prohibited to publish or distribute electoral advertising generated by artificial intelligence that falsely depicts a person performing acts they did not do.
Penalty: Up to $10,000 for breaches.
Consent exception: Allowed only if the person depicted has given written consent and the advertisement is clearly labelled as AI-generated.
The Electoral Commissioner may order removal of such ads and require corrective statements.
