Registered political parties
Applying for public funding
The public funding scheme is optional and if you choose to participate then you will be subject to political expenditure caps.
To see a list of participants of the public funding scheme for the past state elections visit our public funding page.
For more information, refer to Part 13A of the Electoral Act 1985.
Who can apply?
Unendorsed candidates and unendorsed groups of candidates may apply for public funding.
Registered political parties may apply for public funding on behalf of their endorsed candidates and groups.
Lodging a certificate to participate in the scheme
Parties, groups and candidates who wish to participate in the public funding scheme must lodge a section 130Y certificate. Once lodged, certificates cannot be withdrawn.
If a person lodges a certificate and then does not nominate as a candidate or, in the case of a party, does not endorse a candidate in an electoral district, then the certificate is considered of null effect for that person or for that particular electoral district.
The 130Y certificate can be downloaded on our funding and disclosure forms page.
General election timeframes
Unendorsed members of parliament and unendorsed groups who have at least one member of parliament must lodge their certificates 24 months before polling day for a general election in which they intend to nominate.
Registered political parties must lodge their certificate 24 months before polling day for a general election. Parties can lodge a certificate on behalf of candidates and groups for each electoral district they wish to contest even if they do not yet know the identity of the candidates.
Unendorsed candidates who are not members of parliament and unendorsed groups who do not have at least one member of parliament must lodge their certificates for a general election by 5 pm on the first day of the capped expenditure period. The capped expenditure period for a general election commences on 1 July in the year before the election.
For a new candidate or group whose disclosure period commences after the commencement of the capped expenditure period, they must lodge their certificate by 5 pm on the day their disclosure period commences.
- For a new candidate, their disclosure period will either commence on the day they announce their intention to stand as a candidate for the election or on the day they nominate (whichever is earlier).
- For a group, their disclosure period will commence on the day they lodge their section 58 application to be grouped on the ballot paper.
See sections 130Y(2)(b) and 130ZF(5)(a)(iv) of the Electoral Act.
By-election
In the case of an election caused by a vacancy in the House of Assembly, candidates, groups and parties must lodge their certificate by 5 pm on the day on which the capped expenditure period commences. The capped expenditure period for a by-election will commence on the day on which the vacancy is announced by, or on behalf of, the Speaker. For groups and new candidates whose disclosure period commences after the commencement of the capped expenditure period, they must lodge their certificate by 5 pm on the day their disclosure period commences.
Expenditure caps
Once a candidate, member of parliament, group or party has lodged a certificate under section 130Y to opt-in to the public funding scheme, they are subject to limits on political expenditure during the capped expenditure period. Penalties apply if you exceed your applicable expenditure cap. For more information see political expenditure caps in the drop-down list below.
Capped expenditure period return
A capped expenditure period return must be lodged within 60 days of polling day. The Electoral Commission will use the information disclosed in these returns to determine the amount of public funding payable. For more information see reporting political expenditure in the drop-down list below.
Qualifying for payment
To qualify for a payment of public funding:
A candidate must:
- be elected, or
- receive a total number of eligible votes of at least 4% of the total primary votes.
A group must:
- have a group member elected, or
- receive a total number of eligible votes of at least 4% of the total primary votes.
An eligible vote is a first preference vote on a formal ballot paper. The total primary votes is the total number of eligible votes cast for the relevant electoral district (section 130Q).
Funding entitlement
Funding is calculated on a per vote basis. There are 2 different types of funding entitlements: standard and tapered.
The standard entitlement is $3.00 (indexed) for each eligible vote.
The funding calculation for the tapered entitlement scheme is as follows:
- $3.50 (indexed) for each eligible vote received that falls within the first 10% of the total primary vote; and
- $3.00 (indexed) for each eligible vote received in excess of 10% of the total primary vote.
See section 130P of the Electoral Act.
The tapered entitlement scheme applies to:
- Endorsed candidates where the party has no member of parliament.
- Endorsed groups where the party has no member of parliament.
- Unendorsed candidates who are not a member of parliament.
- Unendorsed groups.
Funding payable
In calculating your payment, the Electoral Commissioner will first determine the amount of your potential entitlement based on votes received, and then reduce the amount for any excess expenditure. If you exceed your political expenditure cap, your entitlement is reduced by $20 for every $1 you have spent in excess of your capped political expenditure limit (section 130Q(4)).
You cannot be paid more than your actual expenditure (section 130Q(5)(d)). Therefore, the amount of public funding paid is the lesser of either:
- the potential entitlement calculated (less any penalties); or
- the amount of political expenditure you incurred (as disclosed in your capped expenditure period return).
Appointing an agent
For more information, refer to Part 13A of the Electoral Act 1985.
What is an agent?
An agent is a person appointed by a registered political party, candidate, group of candidates, or third party to manage their obligations under Part 13A.
An agent must be a natural person who has attained 18 years of age. A person is not eligible to be an agent if they have been convicted of a prescribed offence (section 130G(3)).
More information can be found on our agents page.
Who needs an agent?
All registered political parties must appoint an agent. If a registered political party has endorsed:
- a candidate, or
- all members of a group,
then the party agent is also the agent of the candidate or group, as the case may be.
An unendorsed candidate, an unendorsed group, or a third party may appoint an agent.
If an unendorsed candidate does not appoint an agent, they are their own agent.
If an unendorsed group does not appoint an agent, then the candidate whose name appears first on the ballot papers is the agent for the group.
If a third party does not appoint an agent, and the third party is a natural person, then they are the agent. In any other case, each member of the executive committee is the agent.
How to appoint an agent
The agent must be appointed in writing. The appointment must include the name and address of the proposed agent and a signed form of consent and declaration by the proposed agent that they are eligible for appointment.
Candidates, groups and third parties are not permitted to change their agent after close of nominations. Your agent as at the close of nominations will be your agent for the duration of the election. Only registered political parties may change their agent after the close of nominations (section 130G(4)).
Please visit our funding and disclosure forms page to download an agent appointment form.
Terminating an agent's appointment
Revoking an appointment
A registered political party may only revoke an agent's appointment if they also give a notice of appointment of another agent.
An unendorsed candidate, unendorsed group or third party may revoke an agent's appointment by giving the Electoral Commissioner notice in writing.
Resignation
An agent may resign from their appointment as an agent by giving the Electoral Commissioner notice in writing. The appointing person or body must, without delay, advise the Electoral Commissioner in writing of an agent’s resignation. In the case of a registered political party, they must also provide a notice of appointment of another agent.
Termination due to conviction of offence
An agent's appointment is terminated if, subject to the appeal process, the agent is convicted of a prescribed offence. If the person is the agent of a registered political party, the party must give notice to the Electoral Commissioner of the replacement agent within 28 days of the conviction, or within 28 days of the appeal being determined.
Death
If an agent dies then the appointing person or body must advise the Electoral Commissioner in writing without delay.
In the case of a registered political party, they must provide a notice of the death and appoint another agent within 28 days of the agent’s death.
For more information, see section 130I of the Electoral Act.
Forms to give notice of revocation of an agent appointment, or the resignation, conviction or death of an agent can be obtained from our funding and disclosure forms page.
Obligations of a registered political party
For more information, refer to Part 13A of the Electoral Act 1985.
Agents
A registered political party must appoint an agent. The agent is responsible for ensuring that the party meets its funding and disclosure obligations.
To understand all the obligations relating to the appointment or cessation of an agent, see appointing an agent section above.
Obligations
An agent of a registered political party must do the following:
- Maintain a state campaign account and ensure all gifts are deposited into that account and all political expenditure is paid from that account (sections 130K, 130L and 130N).
- Ensure that a special assistance funding payment is not deposited into the state campaign account or used for political expenditure (section 130W).
- Record information about gifts of $200 or more and loans of $1,000 or more (sections 130ZJ and 130ZK). For more information, see the records and evidence section below.
- Lodge an annual political expenditure return, if the party's political expenditure during a financial year is more than $5,000 (indexed) (section 130ZR).
- Lodge half-yearly political party returns within 30 days of the end of each half-yearly period (section 130ZN).
- In the year of a general election, lodge additional political party returns (section 130ZN). For more information, see the political party and third party returns section below.
- Lodge a capped expenditure period return within 60 days of polling day if the party's total amount of political expenditure during the capped expenditure period exceeded $5,000 (indexed) (section 130ZQ).
- Provide audit certificates for all returns lodged (section 130ZV).
- Ensure that the party does not receive an amount of more than $500 for entry to an event, where the event is intended to raise money for the benefit of the party and it is advertised or promoted as an event where attendees will be given access to a Minister of the Crown or a Member of the Parliament of South Australia or a member of staff of the minister or member (section 130ZL).
Public funding scheme
To opt-in to the public funding scheme, a party must lodge a certificate under section 130Y. Once lodged, a certificate cannot be withdrawn. For more information, see the applying for public funding section.
Expenditure caps apply if a party opts-in to this scheme.
Penalties apply if a party or its members exceed their expenditure caps during the capped expenditure period.
For more information see political expenditure caps below.
Political expenditure caps
This information is about the political expenditure caps that apply under the public funding scheme. For further information about the public funding scheme, choose the drop down option above.
For more information, refer to Part 13A of the Electoral Act 1985.
Applicable expenditure caps
If a candidate, group or party has lodged a certificate under section 130Y to opt-in to the public funding scheme, they are subject to limits on their political expenditure during the capped expenditure period.
The applicable expenditure caps for candidates, groups and parties vary.
Unendorsed candidates
For an unendorsed House of Assembly candidate, the cap is $100,000 (indexed).
For an unendorsed group of Legislative Council candidates, the cap is $500,000 (indexed).
For an unendorsed Legislative Council candidate who is ungrouped, the cap is $125,000 (indexed).
Registered political parties and their endorsed candidates
For a registered political party that endorses candidates for the Legislative Council only, the cap is $500,000 (indexed). Endorsed Legislative Council candidates do not have their own caps. Their political expenditure is deemed to be political expenditure of the registered political party.
A registered political party that endorses candidates for election in House of Assembly districts is allocated $75,000 (indexed) for each district in which they endorse a candidate. The party must, by agreement with the candidates, allocate a portion of this cap to each candidate. The amount allocated to each candidate cannot exceed $100,000. The agent of the party must provide the Electoral Commissioner written notice of any cap allocation agreement at least 8 days before polling day. If no amount is agreed between the party and the candidate, a cap amount of $40,000 is allocated to the candidate by default.
Therefore, the applicable expenditure cap for an endorsed House of Assembly candidate will vary depending on the agreement reached with the party.
If a registered political party, in addition to House of Assembly districts, also endorses candidates for election in the Legislative Council, then the party is allocated an additional $100,000 (indexed) for each Legislative Council candidate, to a maximum of $500,000 (indexed).
Expenditure which relates to the election of a House of Assembly candidate
The party agent must ensure that an endorsed House of Assembly candidate with an applicable expenditure cap only incurs political expenditure which relates to the election of the candidate.
The party agent must also ensure that the party does not incur political expenditure that relates to the election of an endorsed candidate such that the applicable expenditure cap for the candidate is exceeded.
Political expenditure which ‘relates to the election of a candidate’ is expenditure which relates to an electoral district in a House of Assembly election and is for electoral matter that:
- expressly mentions the name of the candidate or the district or displays the image of the candidate, and
- is communicated to electors in the district, and
- is not mainly communicated to electors outside the district.
For more information, refer to section 130ZB.
Capped expenditure period
In a general election, the capped expenditure period starts on 1 July in the year before the election. In the case of any other election, it starts on the day which the vacancy giving rise to the election 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.
Offences and penalties
Agents must ensure that their clients do not exceed their applicable expenditure caps. Failing to comply with this obligation is an offence for which the maximum penalty is $7,500.
In addition, if a person spends in excess of their applicable expenditure cap during the capped expenditure period, their public funding payment will be reduced by an amount equal to 20 times the excess amount.
It is an offence to enter into an arrangement or agreement with a third party to incur political expenditure on your behalf during the capped expenditure period for the purpose of avoiding your applicable expenditure cap. The maximum penalty for this offence is $25,000.
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 (section 107(7)).
Political party and third party returns
For more information, refer to Part 13A of the Electoral Act 1985.
Lodging returns
The agent is responsible for lodging returns on behalf of a registered political party or third party. For more information on agents, see appointing an agent section above.
Note: if a third party who is also an associated entity has lodged an associated entity return for a period, they are not required to lodge a third party return for that same period (section 130ZP(4)).
Half-yearly
Registered political parties and third parties must lodge half-yearly returns within 30 days of the end of each half-yearly period.
During an election
During a general election, there are additional return lodgement obligations. In the year of a general election, registered political parties and third parties must lodge a return for the month of January by 5 February. Following this are the high-frequency lodgements: returns must be lodged for every 7 day period until 30 days after polling day. These returns must be lodged within 5 days of the end of each 7 day period.
Information required
Returns must set out the following information:
- Total amount received by the entity during the period (total receipts).
- Details of amounts received of more than $5,000 (indexed).
- Total outstanding debt as at the end of the period.
- Details of each debt of more than $5,000 (indexed).
Refer to sections 130ZN (political party returns) and 130ZP (third party returns) for more information.
Receipts
Amounts received include all monies received from all sources including:
- Gifts of money or goods.
- Gifts in kind of goods or services.
- Membership subscriptions.
- Loans obtained.
- Earnings from assets or investments.
- Proceeds from the sale of assets.
- Payments from Commonwealth or State authorities (including special assistance funding payments).
Transfers between a registered political party and its state or federal counterparts must be included as they are separate entities for reporting purposes.
Two or more amounts of more than $200 received from the same person during the financial year will be treated as one amount (sections 130ZN(4), and 130ZP(3)).
Debts
Outstanding debts can include:
- Loans
- Overdrafts
- Unpaid accounts
- Unremitted taxes
Prescribed particulars
Regulation 23 of the Electoral Regulations 2009 prescribes additional details which are required to be provided in a return for amounts received from or owed to a trust, company or an association. The names of all trustees, members of the board or executive committee must be provided. In the case of a company donor, there is an additional obligation to provide the names of any related bodies corporate. For more information, please refer to our prescribed particulars guide (PDF, 132KB).
Audit certificates
An audit certificate must be provided for every return lodged with the Electoral Commissioner (section 130ZV).
For returns relating to the designated period of an election, there are only 2 bulk audit certificates required:
- The first audit certificate must be lodged 7 days before polling day to cover all returns lodged up to that date.
- The second audit certificate will cover all the remaining returns. The second audit certificate must be lodged on the day the last high-frequency return is due.
You may apply for a waiver of the requirement to provide an audit certificate if:
- The return is a nil return.
- The costs of compliance with the audit certificate requirement would be unreasonable.
Offences
Failing to lodge a return within the legislated timeframe is an offence. The maximum penalty for a registered political party agent is $10,000. For any other person, the maximum penalty is $5,000.
Lodging a return which a person knows is false or misleading in a material particular is an offence for which the maximum penalty is $10,000.
For more information, refer to section 130ZZE of the Electoral Act.
Record keeping
In addition to return lodgement obligations, there are also record keeping obligations. See the records and evidence section below for more information.
Records and evidence
For more information, refer to Part 13A of the Electoral Act 1985.
Record keeping
If you have a document that contains information relating to a matter that has been or should be set out in a return lodged with the Electoral Commissioner, you are required to retain those records for at least 4 years. The 4 year period starts on the day of the election to which the return relates.
Refer to section 130ZZA of the Electoral Act for further information.
Recording gifts and loans
A relevant entity, candidate or group is not permitted to receive a gift with an amount or value of $200 or more without recording the name and address of the donor (section 130ZJ).
See our glossary page for the definition of a gift.
A relevant entity, candidate or group is not permitted to receive a loan of $1,000 or more, other than from a financial institution, without recording the terms of the loan and information regarding the name and address of the lender. Section 130ZK(3) outlines the information that must be recorded about the lender.
‘Financial institution’ is defined in section 130ZK(8) as a body which carries on a business that consists of, or includes, the provision of financial services or financial products and which is either an authorised deposit-taking institution (ADI) or a body prescribed by the regulations.
A ‘loan’ is defined in section 130ZK(8) as meaning any of the following:
- An advance of money.
- A provision of credit or any other form of financial accommodation.
- A payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount.
- A transaction (whatever its terms or forms) which in substance effects a loan of money.
If credit is provided on a credit card (defined at section 130ZK(8)) in respect of card transactions, the credit is to be treated as a separate loan for each transaction.
In the case of a gift or loan received from certain types of entities, you must also record the names of all trustees, members of the board or executive committee (as the case may be). For more information, refer to sections 130ZJ and 130ZK.
Gifts and loans of $5,000 (indexed) or less are not required to be disclosed in a return; however, you must still maintain the required records.
Providing evidence
The Electoral Commissioner has powers to require a person to produce documents or appear at a specified time and place to provide evidence. The Electoral Commissioner will issue the person with a formal notice if the person is required to produce documents or give evidence. There is a $5,000 maximum penalty for failing to comply with a notice or providing false or misleading evidence.
Refer to section 130ZZB of the Electoral Act for further information.
Reporting political expenditure (candidates, groups and parties)
For more information, refer to Part 13A of the Electoral Act 1985.
What is political expenditure?
Political expenditure is defined in section 130A and regulation 18A of the Electoral Regulations 2009. Political expenditure includes the public expression of views on a political party, a member of parliament, a candidate, or an issue in an election.
For more information, refer to our political expenditure guide on our funding and disclosure guides page.
What must be reported
Political expenditure during capped expenditure period
If a candidate, group, or registered political party incurs more than $5,000 (indexed) of political expenditure during the capped expenditure period, they must lodge a capped expenditure period return. This must be lodged within 60 days after polling day (section 130ZQ).
If a candidate, group, or party has lodged a certificate under section 130Y to participate in the public funding scheme, they are subject to limits on their political expenditure during the capped expenditure period. The capped expenditure period return will be used by the Electoral Commissioner to determine whether the participant has adhered to their applicable expenditure cap and to determine the amount of public funding payable.
Annual political expenditure
If a person incurs, by their own authority, more than $5,000 (indexed) of political expenditure during a financial year, they must lodge an annual political expenditure return.
This return must be lodged within 12 weeks after the end of the financial year. Members of parliament and the Crown are exempt from lodging this return (section 130ZR).
Audit certificates
You are required to provide an audit certificate for every return lodged with the Electoral Commissioner (section 130ZV).
You may apply for a waiver of the requirement to provide an audit certificate if the costs of compliance would be unreasonable.
Offences
Failing to lodge a return within the legislated timeframe is an offence. The maximum penalty for a registered political party agent is $10,000. For any other person, the maximum penalty is $5,000.
Lodging a return which a person knows is false or misleading in a material particular is an offence for which the maximum penalty is $10,000.
For more information, refer to section 130ZZE of the Electoral Act.
Special assistance funding
Special assistance funding is a form of public funding under Division 5 of the Electoral Act 1985.
It is available to be paid as a half yearly entitlement to eligible registered political parties who claim reimbursement of administrative expenditure.
Registered political parties must meet the following eligibility criteria to receive special assistance funding:
- At least one member of the party must have been a member of the Parliament of South Australia for all or part of the half-yearly period; and
- The party must have been a registered political party on polling day for the last preceding general election and continued to be registered for all of the half-yearly period; and
- The agent of the party submitted a valid claim to the Electoral Commissioner setting out the administrative expenditure incurred by the party during that half-yearly period.
Special assistance funding claims under Division 5 are limited to the following maximum amounts:
- For a party with 5 or fewer members of parliament - $35,000 (indexed)
- For a party with 6 or more members of parliament - $60,000 (indexed)
Special assistance funding claims since 2015.
View the current register of political parties
Legislative Council candidates
Legislative Council candidates may be:
- independent ungrouped (not endorsed by a political party)
- independent grouped (not endorsed by a political party)
- endorsed by a registered political party.
Information about nominating
Independent ungrouped candidates
Independent ungrouped candidates are not aligned to other candidates.
Independent ungrouped candidates must be nominated by at least 250 persons who are enrolled and qualified to vote for the Legislative Council.
Nominations must be accompanied by a deposit of $3,000 in banker's cheque (not a personal cheque) or electronic funds transfer (EFT) to the Electoral Commission of South Australia. If EFT is made you must provide a printed receipt showing successful lodgement of payment.
Intending candidates must contact the returning officer for the Legislative Council to arrange a time to lodge a nomination. You must lodge the following before the close of nominations:
- A completed nomination form
- The details and signatures of at least 250 nominators who are electors enrolled and qualified to vote for the Legislative Council
- A $3,000 deposit (banker’s cheque of EFT)
It is recommended that nominations are lodged early to allow time to check the names of all nominators.
There is a strict deadline to lodge a completed s 130Y certificate if a new independent candidate (who has not yet announced their candidacy) wishes to participate in the election funding scheme. Please read the candidate guide RO17 carefully.
Independent grouped candidates
Independent grouped candidates are listed on the ballot paper with other similar candidates by agreement. They are not members of a registered political party.
Independent grouped candidates must be nominated by at least 250 persons who are enrolled and qualified to vote for the Legislative Council district.
Nominations must be accompanied by a deposit of $3,000 in banker's cheque (not a personal cheque) or electronic funds transfer (EFT) to the Electoral Commission of South Australia. If EFT is made you must provide a printed receipt showing successful lodgement of payment.
Intending candidates must contact the returning officer for the Legislative Council to arrange a time to lodge a nomination. You must lodge the following before the close of nominations:
- A completed nomination form for every candidate
- The details and signatures of at least 250 nominators who are electors, for every candidate
- A $3,000 deposit for every candidate
It is recommended that nominations are lodged early to allow time to check the names of all nominators.
There is a strict deadline to lodge a completed s 130Y certificate if an independent group wishes to participate in the election funding scheme. Please read the candidate guide RO17 carefully.
Registered political party endorsed candidates
To nominate as a candidate endorsed by a registered political party, complete a nomination form and return it to your party's registered officer. The registered officer may then lodge directly with the Electoral Commission of South Australia.
Registered officers must submit the following before the close of nominations:
- all the party's nomination forms, and
- a deposit of $3,000 in banker's cheque or EFT for each candidate nominated
Nomination forms and guides
- Candidate guide RO17 (PDF 954 KB)
- Nomination deposit information RO106 (PDF 208 KB)
- Nomination form RO50A - party multiple lodgement (PDF 270 KB)
- Nomination form RO50B - party multiple nomination (PDF 288 KB)
- Nomination form RO54 - independent group (PDF 244 KB)
- Nomination form RO55 - independent grouped candidate (PDF 290 KB)
- Nomination form RO56 - list of nominators - independent (PDF 247 KB)
- Nomination form RO57 - Independent ungrouped candidate (PDF 291 KB)
- Scrutineer appointment form RO59 (PDF 228 KB)
- Scrutineer guide RO18 (PDF,1.1 MB)
- Section 130Y Certificate - Unendorsed candidate or group (PDF 187 KB)
Nomination kits are available from your local returning officer or from the Electoral Commission SA. Candidates endorsed by a registered political party may obtain their kits from the registered officer of the party.
Frequently asked questions about nominating
For further information beyond this general nominations FAQ you should consult South Australian legislation - the Electoral Act 1985 (the Act), the Regulations under that Act, and the Constitution Act 1934 (the Constitution). The Act, Regulations and Constitution may be downloaded from the South Australian Government Legislation website.
While the Electoral Commission SA (ECSA) will provide information, it cannot offer legal advice regarding the interpretation of the Act or the conduct of election campaigns. You may wish to consider seeking your own independent legal advice on any complex queries.
What are my responsibilities regarding funding and disclosure?
Candidates need to be aware of the new provisions and their obligations under Part 13A of the Act dealing with election funding, expenditure and disclosure.
For information on candidate obligations the following documents are available via Candidate nomination forms and guides:
- Funding and Disclosure By-election Guide – Unendorsed Candidates
- Public Funding Information Sheet
- Section 130Y Certificate – By-election
What are the eligibility requirements to be a candidate?
A candidate must be properly nominated before they can contest an election for the House of Assembly. A candidate may stand as an independent (unendorsed) candidate OR be endorsed by a registered political party.
A person wishing to nominate as a candidate must be enrolled as an elector for an address in South Australia at the date of roll closure. A person can verify their enrolment at the Australian Electoral Commission .
A person entitled to enrol must be:
- at least 18 years old;
- an Australian citizen, or
- a British subject who was enrolled on either a South Australian, Commonwealth or Territory roll sometime between 26 October 1983 and 25 January 1984 inclusive; and
- of sound mind; and
- a resident of South Australia and has lived at their principal place of residence (for which they claim enrolment) for at least one month immediately preceding the date of the claim for enrolment.
What if I am an Officer or employee of the Crown?
A person who is an officer or employee of the Crown should check the relevant state or Commonwealth legislation, detailing the requirements of public sector employees when contesting state elections (e.g. Public Sector Act 2009 (SA); Public Service Act 1999 (Cth) and Regulations).
Where do I get information on how to nominate?
Nomination kits are available from Returning Officers (ROs) and ECSA, and for candidates endorsed by a registered political party, from party registered officers.
Each House of Assembly nomination kit contains:
- a Candidate Guide;
- a Scrutineer Guide;
- a nomination form and application for printing descriptive information on the ballot papers;
- Nominators Declaration Forms (if applicable);
- a voting ticket preference allocation form;
- scrutineer appointment forms; and
- Funding and Disclosure Guide, information sheet and a Section 130Y Certificate.
Further guides and scrutineer appointment forms may be downloaded from ECSA’s website.
When and where can a nomination be lodged?
A nomination can only be lodged after the issue of the writ and on the official nomination form.
Independent candidate nominations must:
- be lodged with the relevant RO for the district;
- be lodged by 12 noon on the day fixed for the close of nominations;
- the names and signatures of at least 20 nominators who are electors enrolled for the district for which the candidate is nominating.
It is highly recommended that more than 20 nominators are provided in support of a House of Assembly nomination in case any of the 20 nominators are found to be ineligible during the nomination checking process.
Is a deposit required to nominate?
A nomination must be accompanied by a deposit of $1,000 paid by banker’s cheque (made payable to the Electoral Commission SA) or by Electronic Funds Transfer (EFT) of the amount into an ADI account specified by the Electoral Commissioner (please refer to Form RO 106 in Candidate nomination forms and guides); and
Independent candidates must ensure their nomination is received by the relevant RO before noon on nomination day, as late nominations cannot be accepted. Candidates should contact the relevant RO to arrange a suitable date and time for nomination lodgement.
Party endorsed candidate nominations
The registered officer of the party may lodge multiple nominations, and if so, must lodge them at least 48 hours before the hour of nomination with the Electoral Commissioner. Note - if nominations for independent candidates close on a Monday, party endorsed multiple candidate lodgements cannot be made on Saturday – they must be lodged by close of business (5pm) on the preceding Friday.
Can a nomination be withdrawn?
A candidate may withdraw their nomination by advising the relevant RO in writing before the close of nominations. The nomination is then cancelled, and the deposit refunded. A nomination cannot be withdrawn once nominations have closed.
What nomination information is required to produce ballot papers?
House of Assembly ballot papers are printed in a format prescribed by regulation. They may contain political affiliations or other descriptive information relating to candidates.
Names on ballot papers
A candidate must indicate on the nomination form how they wish their name to appear on the ballot paper.
A candidate’s ballot paper name may include a shortening of the name or any name by which the candidate is generally known, e.g.:
- William Jones to be printed on ballot paper as: JONES Bill
- Beatrice Jones to be printed on ballot paper as: JONES Betty
- William Smith to be printed on ballot paper as: SMITH Snowy
The surname will be printed in CAPITALS with the given name(s) printed below in title case.
If a candidate requires part of their surname to be shown in lower case, the candidate must clearly indicate their wishes on the nomination form, e.g.:
- McMAHON (not MCMAHON)
- MacDONNELL (not MACDONNELL)
- De LAINE (not DELAINE)
- van der MEER (not VAN DER MEER).
Descriptive information on ballot papers
For endorsed party candidates, the descriptive information printed adjacent to the name of an endorsed party candidate on the ballot paper is limited to the registered party name; or the registered party abbreviation. The registered officer of the party completes the descriptive information on form RO 40A which is lodged together with nomination forms RO 40B.
Independent candidates must complete the appropriate section on nomination form RO 44 to have descriptive information printed adjacent to their name on the ballot paper. The descriptive information must commence with the word ‘Independent’ followed by not more than three additional words.
The additional words may not:
- contain the word ‘Party’
- be obscene or frivolous
- constitute or so nearly resemble a distinctive aspect or part of the name of a parliamentary party or a registered political party, unless the applicant provides the Electoral Commissioner with a declaration that has been signed by a person authorised by the relevant parliamentary party or registered political party and states that the party consents to the use of the particular word or set of words.
How is the order of names on the ballot paper determined?
The order in which the names of candidates are printed on the ballot papers is determined by lot as prescribed by regulation. This is carried out publicly by the RO for each district at their designated office, as soon as practicable after the close of nominations.
What is a voting ticket?
A voting ticket is a written statement of preferences, used to interpret the votes of electors who do not indicate a preference for all candidates on the HA ballot paper. Its purpose is to ‘save’ partially preferenced ballot papers that would normally be informal and render them as formal.
If an elector fails to express a preference for all candidates on the ballot paper, but the preferences that are expressed are consecutive and follow the same order as displayed on a candidate’s voting ticket, then the ballot paper is formal and is deemed to have followed all preferences recorded on the voting ticket. For more information please refer to Part 6 of the House of Assembly Candidate Guide - Candidate nomination forms and guides.
What is a how-to-vote card?
A how-to-vote card is a card prepared by or on behalf of a candidate that indicates the manner in which a vote should be recorded by a voter. Candidates need to be aware of the general provisions under the Act that relate to the distribution of how-to-vote cards during an election period and also the requirements of sections 66 and 112A.
- Section 66 of the Act and Regulation 9 relate to how-to-vote cards submitted to the Electoral Commissioner for display in voting screens on polling day and printed in booklets for early voting centres, and
- Section 112A of the Act and Regulation 15 relate to any material that has the appearance of a how-to-vote card that is distributed or made available during the election.
What do I need to know about electoral advertising?
There are a number of restrictions placed on advertising during and outside of an election period. Candidates need to be aware of the legislation covering electoral advertisements, commentaries and other material and must familiarise themselves with Part 13 Division 2 of the Act.
An electoral advertisement means ‘an advertisement containing electoral matter’. Electoral matter means ‘matter calculated to affect the result of an election’. For more information on electoral advertising please refer to Part 8 of the House of Assembly Candidate Guide - Candidate nomination forms and guides.
What is a scrutineer and how do I appoint one?
Scrutineers are an important part of the election process and are appointed by candidates to represent them during polling and throughout the various stages of counting ballot papers.
A scrutineer:
- is appointed to act as an independent observer of the electoral processes for the polling, scrutiny and counting of votes in an election;
- verifies that the procedures undertaken by electoral officials are fair, proper and according to law; and
- has legal rights and obligations under the Act.
A scrutineer must address any query or concern to the officer-in-charge of proceedings and not to other election officials. An officer-in-charge may be an electoral visitor or mobile polling team leader, a polling booth manager (PBM) at a polling booth or the RO at the scrutiny and official count of ballot papers after polling day. If a scrutineer’s conduct is in any way disorderly or they fail to obey lawful directions, the officer-in-charge may ask the scrutineer to leave the polling or scrutiny location.
A candidate may appoint up to two scrutineers to represent them at a polling booth or count centre to observe procedures.
Forms for appointment are included in nomination kits provided to candidates and may also be downloaded from ECSA’s website. An appointment must:
- be in writing;
- contain the name and residential address of the scrutineer; and
- be signed by the candidate.
For further information on scrutineers please refer to the House of Assembly Scrutineer Guide - Candidate nomination forms and guides.
What kinds of voting services are provided at state elections?
ECSA provides a range of services and facilities that allows electors to vote prior to and on polling day. These services and facilities include:
- early voting centres;
- declared institutions (nursing homes, aged care facilities etc);
- mobile polling booths (in country district remote areas only);
- postal voting; and
- polling booths.
For more information on voting services please refer to the ECSA website or Part 10 of the House of Assembly Candidate Guide.
When do ballot papers get counted?
Ordinary vote ballot papers lodged by electors voting at polling booths within their own district on polling day are counted by electoral officials at the polling booth following the close of voting at 6pm. The order of proceedings of House of Assembly (HA) ballot papers at scrutiny is:
- count of HA ballot papers;
- count of HA ballot papers that may be formal because of candidates’ voting tickets, and
- two candidate preferred count (notional distribution of HA preferences).
How do preferences work in the House of Assembly?
Please refer to Counting the votes for the House of Assembly or Part 12.4 of the Candidate nomination forms and guides for an illustrative explanation of preferential voting.
When is the result of the election determined?
Declarations of the poll for the House of Assembly are usually conducted during the second week after polling day once the outcome has become clear.
Are there any provisions for re-counts or to question a result?
Candidates do not have the right under the Act to demand a re-count. However, where appropriate they may request that the Electoral Commissioner direct a re-count before the declaration of the result of an election.
The validity of any election may only be disputed by a petition to the Court of Disputed Returns. At South Australian state elections, the Supreme Court is the Court of Disputed Returns and its jurisdiction is exercisable by a single judge. The decisions of the Court are final. For more information please refer to Part 13 of the Candidate nomination forms and guides.
What is the process around making an electoral complaint?
The Complaints Protocol establishes the standards which the Electoral Commissioner requires for electoral complaints to be considered and establishes the standards which individuals and organisations may expect to receive in their dealings with the ECSA. The handling of electoral complaints under the Act is subject to ECSA’s Complaints Protocol policy and the Instructions for the handling of complaints regarding offences under the Act.
Any individual or organisation may make a complaint about an electoral offence under the Act. To be considered a formal complaint, the complaint must be submitted on the General Feedback and Complaints Form or the Electoral Complaints Form (available on our website). The complaint must establish the facts which are the basis of the allegation and be supported by evidence of the alleged electoral offence.
For more information on lodging a complaint please refer to Part 14 of the House of Assembly Candidate Guide or Feedback and Complaints.
House of Assembly candidates
Information about nominating
House of Assembly candidates may be:
- independent (not endorsed by a political party)
- endorsed by a registered political party.
Independent candidates
Independent candidates must be nominated by at least 20 persons who are enrolled and qualified to vote in the same district the candidate is intending to contest.
Nominations must be accompanied by a deposit of $1,000 in a banker's cheque (not a personal cheque) or electronic funds transfer (EFT) to the Electoral Commission of South Australia. If EFT is made you must provide a printed receipt showing successful lodgement of payment.
You must lodge the following with the returning officer for the district you are proposing to contest before the close of nominations:
- A completed nomination form
- The details and signatures of at least 20 nominators who are electors enrolled in the district you’re intending to contest
- A $1,000 deposit (banker’s cheque or EFT)
Registered political party endorsed candidates
To nominate as a candidate endorsed by a registered political party, complete a nomination form and return it to your party's registered officer. The registered officer may then lodge nominations directly with the Electoral Commission of South Australia.
Registered officers must submit the following before the close of nominations:
- all the party's nomination forms
- a deposit of $1,000 in banker's cheque or EFT for each candidate nominated.
Nomination forms and guides
- RO 16 - House of Assembly Candidate Guide (PDF 4.5MB)
- RO 18 - Scrutineer Guide (PDF 4.1MB)
- RO 40A - Party endorsed candidate nomination form lodged by party (PDF 275KB)
- RO 40B - Party endorsed candidate nomination form lodged by candidate (PDF 288KB)
- RO 42 - Party endorsed candidate - voting ticket lodged by registered officer (PDF 318KB)
- RO 44 - Independent candidate nomination form (PDF 290KB)
- RO 44A - Independent candidate list of nominators (PDF 267KB)
- RO 45 - Independent candidate - voting ticket lodgement (PDF 229KB)
- RO 59 - Appointment of Scrutineer (PDF 228KB)
- RO 106 - Nomination Deposit Information (PDF 267KB)
- Section 130Y Certificate (PDF 155KB)
Nomination kits are available from your local returning officer or from the Electoral Commission SA. Candidates endorsed by a registered political party may obtain their kits from the registered officer of the party.