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Voting at state elections

The Electoral Act 1985 (SA) and Electoral Regulations 2009 (SA) outline the requirements for voting at South Australian State elections and by-elections.

According to ss 29(1) and 85(1) of the Electoral Act 1985 (SA), you must enrol on the state electoral roll if you are:

  • 18 years or older,
  • an Australian citizen, or eligible British subject, and
  • have lived at your address for at least one month, and
  • not of unsound mind.

It is compulsory to vote at State elections, but you are only required to observe the formalities of voting (i.e. have your name marked off the roll and receive ballot papers). You are not required to mark the ballot papers. This is outlined in section 85 of the Electoral Act 1985 (SA).

You may be on the state electoral roll because you have been enrolled through federal direct enrolment.

Voting is compulsory and you may be fined for not voting in a state election.

Polling booths open from 8:00 am until 6:00 pm on polling day. You can vote at any polling booth in the State, but voting outside your electoral district may take longer because you will need to cast a declaration vote. To find your electorate district, visit the Electoral Commission SA Interactive Boundaries map. Every polling booth has been assessed for wheelchair accessibility and that information will be shown on the interactive map and your EasyVote Card.

Failure to Vote

If you do not vote at an election, you must provide the Electoral Commission SA with a valid and sufficient reason. Reasons which are valid and sufficient are set out in section 85(8) of the Electoral Act 1985 (SA). Following the election, you will be sent an apparent failure to vote notice and you must complete, sign (duly witnessed) and return the form within the specified 21 days [s 85(3)]. If you provide a valid and sufficient reason you will be excused and avoid a fine (or expiation notice of $104 as at 1 July 2022). An expiation notice includes the failure to vote fee of $10 plus the Victims of Crime levy which is $94 as at 1 July 2022. If you fail to return an apparent failure to vote notice you may face a similar penalty [s 85(7)]. If an expiation notice is not dealt with, then the matter can be referred for enforcement with the Fines Enforcement and Recovery Unit, where additional financial penalties can apply. If you elect to be prosecuted and you are convicted the penalty may be higher. The Electoral Commission SA has useful information about failure to vote or you can call our Free Legal Help Line on 1300 366 424.

Voting at state elections  :  Last Revised: Thu Oct 13th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.