Legislative Council candidates

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Overview

This page explains how to nominate as a candidate for the Legislative Council. It outlines eligibility requirements, nomination methods, required forms, deposits, and lodgement processes for independent ungrouped candidates, independent grouped candidates, and candidates endorsed by registered political parties.

All nomination requirements are set under the Electoral Act 1985 (the Act).

Candidate qualifications

To nominate as a candidate, you must:

  • be enrolled to vote in South Australia.
  • not be required to immediately vacate your seat under the Constitution Act 1934 (for example, because you hold a disqualifying office).
  • not nominate for more than one election held on the same day.

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Ways to nominate

Candidates may nominate in one of 3 ways:

Independent ungrouped

You lodge your own nomination and appear individually on the ballot paper.

Independent grouped

You lodge your nomination as part of a group that appears together on the ballot paper. Candidates in the group are not endorsed by a registered political party.

Party-endorsed candidate

Your political party's registered officer lodges the nomination on your behalf.

Independent ungrouped candidates

1. Eligibility

To nominate as an independent ungrouped candidate, you must be supported by:

  • at least 250 eligible electors enrolled for the Legislative Council.

2. Nomination deposit

A $3,000 deposit must accompany your nomination.

Accepted payment methods are:

  • banker’s cheque (personal cheques are not accepted), or
  • electronic funds transfer (EFT) to the Electoral Commission of South Australia (ECSA)
If paying by EFT, a printed receipt showing successful payment must be provided at lodgement.

The deposit must be received before nominations close.

3. What you must lodge

You must lodge the following documents with the returning officer before nominations close: 

  • RO 55 – Independent ungrouped candidate nomination form.
  • RO 56 – List of at least 250 nominators, including signatures and enrolment details.
  • $3,000 deposit (banker’s cheque or EFT receipt).

4. Lodgement

Intending candidates must contact the returning officer for the Legislative Council to arrange a time to lodge their nomination. 

Early lodgement is recommended to allow time for nominators to be verified.

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Independent grouped candidates

1. Eligibility

To nominate as an independent grouped candidate, each candidate in the group must be supported by:

  • at least 250 eligible electors enrolled for the Legislative Council.

2. Nomination deposit

A $3,000 deposit per candidate must accompany the nomination.

Accepted payment methods are:

  • banker’s cheque (personal cheques are not accepted), or
  • electronic funds transfer (EFT) to ECSA
If paying by EFT, a printed receipt showing successful payment must be provided at lodgement.

All deposits must be received before nominations close.

3. What you need to lodge

The following documents must be lodged with the returning officer before nominations close:

  • RO 54 – 'Independent grouped candidate nomination' form (one per candidate).
  • RO 54A – 'Application for a group on the ballot paper - independent group'.
  • RO 56 – List of at least 250 nominators, including signatures and enrolment details, for every candidate.
  • $3,000 deposit per candidate

4. Lodgement

Intending candidates must contact the returning officer for the Legislative Council to arrange a nomination appointment.

Early lodgement is recommended to allow sufficient time for verification of nominators.

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Party-endorsed candidates

1. Nomination process

Party-endorsed candidates must:

  • complete the 'Endorsed party candidate nomination' form (RO 50)
  • provide an 'Application for a group on the ballot paper' (either RO 50B or RO 50C)
  • return the completed forms to their party's registered officer
The registered officer lodges all endorsed nominations directly with ECSA.

2. Responsibilities of registered officers

Registered officers must:

  • lodge all endorsed party candidate nomination forms (RO 50)
  • lodge the Endorsement of the nominations by a party (RO 50A).
  • lodge an Application for a group on the ballot paper (RO 50B or RO 50C).
  • submit a $3,000 deposit for each candidate (banker's cheque or EFT)

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Additional nomination rules

Withdrawing a nomination

A candidate may withdraw their nomination by lodging written notice with the returning officer before the hour of nomination.

If the nomination is withdrawn:

  • the nomination is revoked, and
  • the deposit is refunded

Deposit refunds

Your $3,000 deposit is refunded if:

  • the candidate is elected, or
  • the candidate receives more than 2% of first‑preference votes

If neither applies, the deposit is forfeited.

If a candidate dies before polling day, the deposit is returned to their personal representative.

Declaration of nominations

At the hour of nomination, the returning officer will:

  • publicly produce all nomination papers received, and
  • declare the names and addresses of all duly nominated candidates
If a candidate’s address is suppressed, only their district of residence is declared.

Candidate name rules

Names shown on ballot papers must be clear and not misleading. A nomination may be rejected if the candidate’s name is:

  • obscene
  • frivolous, or
  • assumed for an ulterior purpose

Where practicable, the candidate will be notified and may lodge a fresh nomination before the hour of nomination.

If a candidate dies

If 2 or more Legislative Council candidates die after nominations are declared and before polling day, the election for the Legislative Council is taken to have wholly failed and will need to be re‑run in accordance with the Act.

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