Illegal practices – council elections

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Overview

Part 12 of the Local Government (Elections) Act 1999 sets out a range of illegal practices that are prohibited in South Australian council elections. These rules protect free, fair and transparent participation, and apply to candidates, campaign workers and any other person involved in an election.

Engaging in an illegal practice is a serious offence and may result in fines, imprisonment or disqualification from office.

What is an illegal practice?

An illegal practice is conduct that unlawfully interferes with the proper conduct of an election or the rights of voters. Part 12 covers behaviour that:

  • pressures or influences voters inappropriately
  • interferes with voting processes or ballot papers
  • involves dishonesty or deception
  • undermines the integrity or fairness of the election

The Act sets out specific offences and the penalties that apply.

Examples of illegal practices

Part 12 includes offences such as:

  • Bribery Offering, giving or receiving money, gifts or other benefits to influence how a person votes or whether they stand as a candidate.
  • Intimidation or undue influence Threatening, coercing or pressuring a person to vote, not vote, or vote in a particular way.
  • Interference with voting processes Tampering with ballot papers, ballot boxes, voting materials or postal voting processes, or obstructing voters at a polling place.
  • Dishonest conduct Making false statements about a candidate’s personal character or conduct, or knowingly spreading misleading information to affect the result of an election.
  • Impersonation and fraudulent voting Voting in another person’s name, applying for a ballot paper using false details, or assisting another person to do so.
  • Improper use of postal voting or enrolment Misusing postal voting applications, enrolment forms or other electoral documents to gain an unfair advantage.

This list is not exhaustive. The Act contains detailed provisions and definitions for each offence.

Consequences and penalties

Illegal practices under Part 12 may result in:

  • Fines Monetary penalties set out in the Act.
  • Imprisonment For more serious offences.
  • Disqualification A person may be disqualified from being elected or from holding office as a member of a council.
  • Invalidation of an election In some circumstances, serious illegal practices may lead to an election result being challenged.

Candidates and others involved in campaigns should be aware that ignorance of the law is not a defence.

Candidate responsibilities

Candidates are responsible for ensuring that:

  • they do not engage in illegal practices
  • their campaign workers and volunteers understand and comply with the law
  • their campaign activities are honest, lawful and respectful of voters’ rights

This includes:

  • avoiding any form of bribery or undue influence
  • ensuring campaign messaging does not involve false statements about other candidates
  • respecting the secrecy and integrity of the ballot

Complying with these obligations helps maintain public confidence in council elections.

Reporting concerns

If you believe an illegal practice may have occurred:

  • you can raise your concerns with the Electoral Commission of South Australia (ECSA)
  • in some cases, matters may be referred to the courts or other relevant authorities

ECSA cannot provide legal advice. If you are unsure how the law applies to your situation, you should seek independent legal advice.

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