South Australia
Local Government (Elections) Regulations 1999
under the Local Government (Elections) Act 1999

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Revocation
4	Interpretation
Part 2—Elections and polls
5	Declaration of eligibility
6	Application for enrolment
7	Nominations
8	Notices
9	Ballot papers for elections
10	Ballot papers for polls
11	Notice of use of postal voting
12	Postal voting papers
13	Campaign donations returns
Part 3—Voting at polling places
Division 1—Preliminary
14	Application of Part
15	Interpretation
Division 2—Polling places
16	Polling places and booths
17	Voting procedure at polling booths
18	Voter may be assisted in certain circumstances
19	Use of ballot boxes
20	How-to-vote-cards
21	Offences
Division 3—Advance voting
22	Issue of advance voting papers
23	Procedures to be followed for voting
24	Voter may be assisted in certain circumstances
25	Person to whom advance voting papers have been issued not to vote at polling place except on certain conditions
Division 4—Related matters
26	Signature on voting material
27	Issue of fresh voting papers
28	Adjournment of election or poll
29	Voting papers under section 31 of the Act
30	Scrutineers
31	Counting of votes
Schedule—Prescribed forms
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Local Government (Elections) Regulations 1999.
2—Commencement
These regulations will come into operation on the day on which section 3 of the Local Government (Elections) Act 1999 comes into operation.
3—Revocation
The Local Government (How-to-Vote Cards) Regulations 1987 (see Gazette 24.12.1986 p1956), as varied, are revoked.
4—Interpretation
	(1)	In these regulations—
Act means the Local Government (Elections) Act 1999.
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in the Schedule.

Part 2—Elections and polls
5—Declaration of eligibility
For the purposes of section 8(2)(b) of the Act, the declaration set out as Form 1 is prescribed.
6—Application for enrolment
For the purposes of section 14(1)(a)(ii) of the Act, the application set out in Form 2 is prescribed.
7—Nominations
	(1)	For the purposes of section 19(1) of the Act—
	(a)	a candidate for election pursuant to section 17(1)(b)(i) of the Act may nominate by delivering or causing to be delivered to the returning officer before the close of nominations a duly completed form in the form set out as Form 3;
	(b)	a candidate for election pursuant to section 17(1)(b)(ii) may be nominated by delivering or causing to be delivered to the returning officer before the close of nominations a duly completed form in the form set out as Form 4;
	(c)	a candidate for election pursuant to section 17(1)(b)(iii) may be nominated by delivering or causing to be delivered to the returning officer before the close of nominations a duly completed form in the form set out as Form 5;
	(d)	a candidate for election pursuant to section 17(1)(b)(iv) may nominate, or may be nominated (as the case requires) by delivering or causing to be delivered to the returning officer before the close of nominations—
	(i)	a duly completed form in the form set out as Form 3, 4 or 5 (depending on whether the candidate is a person whose name has been omitted in error from the voters roll, is a nominee of a body corporate which has had its name omitted in error from the voters roll, or is a nominee of a group of persons who have had their names omitted in error from the voters roll); and
	(ii)	a duly completed form in the form set out as Form 6.
	(2)	For the purposes of section 19(2)(a) of the Act, the declarations contained in Forms 3, 4 and 5 (as the case requires) are prescribed.
	(3)	For the purposes of section 19(2)(b) of the Act, the following requirements are prescribed with respect to a profile:
	(a)	the profile must be in typed or printed form; and
	(b)	the profile must not exceed 150 words; and
	(c)	the profile must be accurate and must not—
	(i)	be misleading; or
	(ii)	contain offensive or obscene material; or
	(iii)	refer to another person who has nominated as a candidate for election to the council (whether at the same election or any other election to be held on the same day) without the written consent of that person; or
	(iv)	comment on decisions or actions that have been made or taken by the council or on the decisions or actions of past or present members of the council; and
	(d)	the profile must be signed and dated by the candidate (but this signature and date will not form part of the profile for the purposes of section 39 of the Act).
	(4)	If—
	(a)	a profile submitted with a nomination form exceeds 150 words; and
	(b)	the candidate has not reduced the size of the profile to 150 words or less by the close of nominations,
the returning officer will exclude from the profile all words appearing after the 150th word (other than the signature and date).
	(5)	The returning officer is not responsible for checking the accuracy of any information included in a profile and the returning officer bears no liability with respect to the publication of a profile under the Act and these regulations.
	(6)	A written consent required under subregulation (3)(c)(iii) must be lodged with the profile.
	(7)	Nothing in subregulation (3)(c) prevents a profile including declarations of public policy or promises of public action.
	(8)	For the purposes of section 19(3) of the Act, the following requirements are prescribed with respect to a photograph provided with a profile:
	(a)	unless otherwise approved by the returning officer, the photograph must be the same size as an Australian passport photograph; and
	(b)	the photograph must only (or predominantly) show the head and shoulders of the candidate; and
	(c)	the photograph must have been taken within the preceding period of 12 months; and
	(d)	the photograph must bear on its back an endorsement by the candidate to the effect that the photograph is a photograph of the candidate that has been taken within the preceding 12 months.
	(9)	For the purposes of section 22(1) of the Act, the notice set out as Form 7 is prescribed.
	(10)	For the purposes of section 22(2) of the Act, the notice set out as Form 8 is prescribed.
8—Notices
For the purposes of section 26(2) of the Act, the form set out as Form 9 is prescribed.
9—Ballot papers for elections
Pursuant to section 29(5) of the Act, a ballot paper for an election must be in a form that complies with the requirements set out in Form 10.
10—Ballot papers for polls
	(1)	Pursuant to section 33(3) of the Act, a ballot paper for a poll must contain—
	(a)	a statement of the proposition being submitted to electors at the poll; and
	(b)	two squares—
	(i)	one clearly indicated as the square to be marked by a person who is in favour of the proposition being submitted to electors at the poll; and
	(ii)	one clearly indicated as the square to be marked by a person who is against the proposition being submitted to electors at the poll.
	(2)	The statement under subregulation (1)(a) will be determined by the relevant council after consultation with the returning officer.
11—Notice of use of postal voting
	(1)	For the purposes of section 38 of the Act, information to the following effect is prescribed:
	(a)	that the specified election or poll will be conducted entirely by means of postal voting and that no polling booth will be open for voting on polling day;
	(b)	that voting papers will be issued by post to every natural person, body corporate and group who or which has his, her or its name on the voters roll to be used for the purposes of the election or poll or, at the discretion of the returning officer, by personal delivery to potential voters at certain locations;
	(c)	that the voting papers being issued by post should be delivered to persons, bodies corporate and groups on the voters roll not later than a date specified by the returning officer1;
	(d)	that a person who does not receive voting papers but who believes that he or she is entitled to exercise a vote at the election or poll may take specified steps to apply for voting papers.
	(2)	A notice under section 38 of the Act may include other information which may, in the opinion of the returning officer, assist prospective voters to understand the postal voting system and processes under the Act and to participate in the election or poll.
Note—
1	This date must be consistent with section 39(1) of the Act.
12—Postal voting papers
	(1)	For the purposes of section 39(1) and (5) of the Act, the declarations set out in Forms 11 and 12 are prescribed (to be used as appropriate).
	(2)	Pursuant to subsection (3) of section 39 of the Act, envelopes used under subsection (1) of that section for ballot papers sent by post must have an extension to a flap on the back of the envelope that bears the name and address of the natural person, body corporate or group to whom the voting papers are issued.
	(3)	For the purposes of section 39(6) of the Act, an explanatory notice will be prepared by the returning officer and must outline the steps which a voter must follow in order to comply with the requirements of section 40 of the Act.
13—Campaign donations returns
For the purposes of section 80(2) of the Act, a campaign donations return must be in the form set out as Form 13.

Part 3—Voting at polling places
Division 1—Preliminary
14—Application of Part
This Part applies with respect to an election or poll within the ambit of a determination under clause 2(1) of the Schedule of the Act.
15—Interpretation
In this Part—
declaration vote means a vote that must be accompanied by a declaration under this Part;
polling booth means a building, structure, vehicle or enclosure, or part of a building, structure, vehicle or enclosure, for taking votes at an election of poll;
polling place means a place appointed as a polling place under this Part;
presiding officer, in relation to an election or poll, means an electoral officer assigned by the returning officer to be the presiding officer at a polling place and, if the returning officer or a deputy returning officer presides at a polling place, includes the returning officer or deputy returning officer while so presiding.

Division 2—Polling places
16—Polling places and booths
	(1)	The returning officer must appoint such polling places as may be considered necessary by the returning officer for the purposes of an election or poll under this Part.
	(2)	The returning officer may determine that voting at a polling place—
	(a)	will be conducted in a polling booth established for that place; or
	(b)	will be conducted in a mobile polling booth.
	(3)	The returning officer will determine the time (being a time not earlier than 8 a.m.) at which a polling booth will open for voting on polling day.
	(4)	Unless all elections for the area are uncontested, the returning officer must ensure that at least one polling booth is continually open in the relevant area between 8 a.m. and 6 p.m. on polling day.
	(5)	The returning officer must ensure that each polling booth—
	(a)	is properly divided so that voters may mark their votes without the vote being observed; and
	(b)	is properly equipped with ballot boxes and other necessary equipment; and
	(c)	is properly staffed during the time at which voting may occur.
	(6)	The returning officer must assign a suitable electoral officer to preside at a polling place while the polling booth is open for voting.
	(7)	The returning officer must, at least seven days before the day on which voting at a polling place may occur, give public notice of the location of the polling place and the times at which voting may occur.
	(8)	In cases of emergency, the returning officer may, without giving public notice, appoint a polling place for the purposes of an election or poll in substitution for, or in addition to, a place previously appointed by the returning officer.
	(9)	In addition to subregulation (8), the times and places for voting at a mobile polling booth may be altered on any reasonable ground—
	(a)	by the returning officer publishing in a newspaper circulating in the area of the council no later than the day before polling day another notice advising electors of the alteration of voting times at that place, or of the alteration of the place for voting;
	(b)	if there is no such newspaper or circumstances render compliance with paragraph (a) impracticable—by the returning officer or the presiding officer taking such steps as are reasonably practicable to notify electors in the particular locality of the alteration.
	(10)	Where the times and places for voting at a mobile polling booth in an election are altered under subregulation (9), the returning officer or presiding officer must take reasonable steps to inform candidates at that election of the alteration.
17—Voting procedure at polling booths
	(1)	Subject to this Part, when a person who is present at a polling booth open for voting claims that he or she is entitled to vote at the election or poll, an electoral officer will ask the person—
	(a)	to state—
	(i)	his or her full name; and
	(ii)	unless the person's address is suppressed from the roll—the address of his or her place of residence; and
	(iii)	where applicable—the address of the rateable property within the area of the council in respect of which the entitlement arises; and
	(b)	whether he or she has already voted at the election or poll,
and may then ask the person such further questions as the electoral officer considers necessary to establish whether the person is entitled to vote.
	(2)	If the person—
	(a)	refuses to answer fully any question asked under subregulation (1); or
	(b)	so answers any such question as to indicate that he or she is not entitled to vote,
the person's claim to vote will be rejected.
	(3)	A person is not precluded by subregulation (1) from voting at an election or poll in different capacities at different times.
	(4)	If a person's claim to vote is accepted, the electoral officer will make an appropriate record1 with respect to the matter and issue an appropriate voting paper or voting papers to the person.
	(5)	Voting papers issued to a person under this regulation will consist of—
	(a)	if the person is voting in his or her own right and his or her name and address are on the voters roll—a ballot paper (or, in an appropriate case, ballot papers) in a form that complies with the requirements set out in Form 10 or 14 (as the case requires);
	(b)	if the person is voting on behalf of a body corporate or group which has its name on the voters roll—
	(i)	a ballot paper (or, in an appropriate case, ballot papers) in a form that complies with the requirements set out in Form 10 or 14 (as the case requires); and
	(ii)	an opaque envelope bearing a declaration set out in Form 11 to be completed by the voter;
	(c)	if the person is claiming an entitlement to vote on the basis that his or her name, or the name of a body corporate or group on whose behalf the person is voting, has been omitted in error from the voters roll—
	(i)	a ballot paper (or, in an appropriate case, ballot papers) in a form that complies with the requirements set out in Form 10 or 14 (as the case requires); and
	(ii)	an opaque envelope bearing a declaration set out in Form 12 to be completed by the voter.
	(6)	A declaration under subregulation (5) must appear on a tear-off extension to the envelope flap.
	(7)	If a person is issued a ballot paper only, the person must immediately retire to a voting compartment, mark the ballot paper with his or her vote, fold it so as to conceal the vote, and deposit it in a ballot box provided for the purpose of the election or poll.
	(8)	If a person is issued a ballot paper and an envelope bearing a declaration—
	(a)	the person must immediately retire to a voting compartment;
	(b)	the person must then mark the ballot paper with his or her vote;
	(c)	the person must then fold the ballot paper so as to conceal the vote and place the folded ballot paper in the envelope and seal the envelope;
	(d)	the person must then ensure that any relevant declaration is signed;
	(e)	the person must then immediately deposit the sealed envelope in a ballot box provided for the purposes of the election or poll.
	(9)	An electoral officer is not obliged to check the accuracy of any information provided in a declaration under this regulation (but may do so on a selective, random or other basis determined by the returning officer).
	(10)	A vote may be admitted to the count notwithstanding that there has been a formal defect or error of the part of a voter in complying with the requirements of this regulation (unless the returning officer is of the opinion that the defect or error is sufficiently significant to warrant the rejection of the vote).
Note—
1	If the person is voting in his or her own right and his or her name and address are on the voters roll, the electoral officer will make this record by ruling a line through the person's name on the roll.
18—Voter may be assisted in certain circumstances
	(1)	If a person who desires to vote at a polling place is illiterate or physically unable to carry out a procedure under this Division, a person of the voter's choice (being a person of or above the age of majority) may render such assistance as may be necessary in the circumstances and may, if necessary, vote on behalf of the voter in accordance with his or her directions and complete any declaration on behalf of the voter1.
	(2)	If the electoral officer presiding at a polling place is satisfied that a voter is unable to enter the polling booth to vote, the electoral officer may allow the voter to vote at or near the polling place outside the polling booth.
	(3)	An electoral officer must, before issuing voting papers for the purposes of subregulation (2), inform any scrutineers present of the proposed course of action and invite them to be present at the place where voting is to occur.
	(4)	The electoral officer must ensure that any voting papers used for the purposes of voting under subregulation (2) are placed in a ballot box immediately after voting has been completed by the relevant voter.
Note—
1	This subregulation operates subject to section 61.
19—Use of ballot boxes
	(1)	Subject to subregulation (2), a ballot box to be used in an election or poll must be kept securely closed and sealed so as to prevent the introduction or removal of any paper or object except—
	(a)	when the ballot box is immediately required for the purposes of receiving voting papers; or
	(b)	when the voting papers are required for the purposes of scrutiny.
	(2)	An electoral officer must, before voting papers are first deposited in a ballot box for the purposes of an election or poll, publicly open the ballot box and exhibit it empty.
20—How-to-vote-cards
	(1)	A candidate may submit how-to-vote cards to the returning officer for display in voting compartments at polling booths.
	(2)	How-to-vote cards submitted under this regulation—
	(a)	must be in a form that complies with the requirements of Form 15; and
	(b)	must be submitted in a size and quantity determined by the returning officer; and
	(c)	must be received by the returning officer at least 14 days before polling day.
	(3)	The returning officer will have the how-to-vote cards made into posters for display in voting compartments at any polling booth where voting for the election to which the cards relate may occur and must ensure that the posters are displayed during the hours for voting at that polling booth.
21—Offences
	(1)	A reference in this regulation to a polling booth extends to other places where voting papers are issued or received.
	(2)	While voting is in progress at a polling booth, a person must not, within six metres of the entrance of the polling booth, or such lesser distance as may be fixed in a particular case by an electoral officer, solicit the vote of any person or distribute or display electoral material.
Maximum penalty: $750.
	(3)	While voting is in progress at a polling booth—
	(a)	a person other than an electoral officer must not have possession of a voters roll at the polling booth or make a record of persons voting at the polling booth; and
	(b)	an electoral officer must not disclose to another person not being an electoral officer any information as to the persons who have or have not voted at the polling booth.
Maximum penalty: $2 500.
	(4)	No person may be present at a polling booth while the booth is open for voting unless the person is—
	(a)	an electoral officer who is required to be there; or
	(b)	a scrutineer appointed under the Act; or
	(c)	a person engaged in voting or about to vote; or
	(d)	a person chosen by another person to assist that other person in voting; or
	(e)	a person permitted by the presiding officer to be present at the polling booth.
Maximum penalty: $2 500.
	(5)	A person who is present at a polling booth in contravention of subregulation (4) may be removed by a member of the police force, or by a person authorised by an electoral officer to remove him or her.
	(6)	If a person misconducts himself or herself in a polling booth, or fails to obey the lawful directions of an electoral officer—
	(a)	the person may be removed from the polling booth by a member of the police force, or by another person authorised by the electoral officer; and
	(b)	the person is guilty of an offence.
Maximum penalty: $1 250.
	(7)	A person who has been removed from a polling booth under subregulation (6) and who re-enters the polling booth without the permission of the electoral officer presiding at the polling booth is guilty of a further offence.
Maximum penalty: $2 500.

Division 3—Advance voting
22—Issue of advance voting papers
	(1)	If a person desires to vote at an election or poll under this Part otherwise than by attending at a polling place during voting hours, the person may apply to the returning officer for advance voting papers under this regulation.
	(2)	Advance voting papers will consist of—
	(a)	a ballot paper that complies with the requirements set out in Form 10 or 14 (as the case requires); and
	(b)	an opaque envelope bearing a declaration set out in Form 11 or 12 (as the case requires) to be completed by the voter.
	(3)	A declaration under subregulation (2) must appear on a tear-off extension to the envelope flap.
	(4)	The returning officer must keep a record of the persons to whom advance voting papers are issued.
	(5)	Advance voting papers must be available for use at least 21 days before polling day.
23—Procedures to be followed for voting
If a person to whom advance voting papers have been issued desires to vote by use of those papers, the following procedures must be followed:
	(a)	the voter must mark the ballot paper with his or her vote;
	(b)	the voter must then fold the ballot paper so as to conceal the vote and place the folded ballot paper in the envelope and seal the envelope;
	(c)	the voter must then ensure that any relevant declaration is signed;
	(d)	the voter must then ensure that the sealed envelope is delivered to an electoral officer (personally or by post) not later than—
	(i)	in the case of a periodic election—12 noon on the first business day after the second Saturday of May in the relevant year;
	(ii)	in any other case—the close of voting on polling day.
24—Voter may be assisted in certain circumstances
If a person who desires to vote by advance voting papers is illiterate or physically unable to carry out a procedure under this Division, a person of the voter's choice (being a person of or above the age of majority) may render such assistance as may be necessary in the circumstances and may, if necessary, vote on behalf of the voter in accordance with his or her directions and complete any declaration on behalf of the voter1.
Note—
1	This regulation operates subject to section 61 of the Act.
25—Person to whom advance voting papers have been issued not to vote at polling place except on certain conditions
A person to whom advance voting papers have been issued is not entitled to vote at a polling place unless that person has delivered to the presiding officer the advance voting papers for cancellation.

Division 4—Related matters
26—Signature on voting material
If a person who is unable to sign his or her name in writing makes his or her mark on any voting material under this Part, the mark will be taken to be the person's personal signature if it is identifiable as such.
27—Issue of fresh voting papers
	(1)	If an electoral officer is satisfied that voting papers issued to a person under this Part have been inadvertently spoiled, the electoral officer may issue fresh voting papers to the person.
	(2)	The electoral officer must make a record of the issue of voting papers under this regulation.
	(3)	The issue of fresh voting papers under this regulation automatically cancels the original voting papers.
28—Adjournment of election or poll
	(1)	If for any reason it becomes impracticable to proceed with the conduct of an election or poll under this Part on the appointed day, the returning officer may adjourn the election or poll for a period not exceeding 21 days.
	(2)	Any votes cast prior to the adjournment will be disregarded and the taking of votes recommenced.
29—Voting papers under section 31 of the Act
In the case of an election or poll under this Part, the voting papers issued under section 31 of the Act will be advance voting papers.
30—Scrutineers
If a candidate has appointed more than one scrutineer, not more than one of them may be present in any one polling booth at the same time during the time that it is open for voting.
31—Counting of votes
	(1)	Each presiding officer will, immediately after the polling booth at which he or she has been presiding closes for voting at an election or poll (or, in the case of a mobile polling booth, immediately after the polling booth finally closes for voting at an election or poll), in the presence of any other electoral officers and any scrutineers who may be present—
	(a)	mark and certify a return to the returning officer showing—
	(i)	the number of ballot papers entrusted to the presiding officer;
	(ii)	the number of declaration votes made at the polling booth;
	(iii)	the number of ballot papers issued but returned unused;
	(iv)	the number of ballot papers issued but returned spoiled;
	(v)	the number of ballot papers not issued; and
	(b)	if the returning officer has determined that the presiding officer should have the powers conferred by this paragraph—
	(i)	open the ballot boxes and remove the contents;
	(ii)	separate any declaration votes (without opening the envelopes) from the ballot papers not contained in envelopes;
	(iii)	with respect to the non-declaration votes—
	(A)	arrange all ballot papers that appear to the presiding officer to be informal in a separate parcel;
	(B)	arrange the remaining ballot papers in an election under the names of the respective candidates, including in each parcel all ballot papers on which a first preference for the relevant candidate is indicated, or arrange the remaining ballot papers in a poll into two parcels;
	(C)	count the number of ballot papers in each parcel;
	(D)	make out a return of the number of ballot papers in each parcel;
	(iv)	return the declaration votes and the parcels of ballot papers to the ballot boxes and seal the boxes,
(but no decision taken by a presiding officer under this paragraph as to the validity of a ballot paper or in relation to the counting of ballot papers is binding on the returning officer); and
	(c)	transmit to the returning officer—
	(i)	all ballot boxes used at the polling booth;
	(ii)	all ballot papers that were not used;
	(iii)	the return referred to in paragraph (a) and, if the presiding officer exercised the powers conferred by paragraph (b), the return referred to in that paragraph.
	(2)	The returning officer will, with the assistance of any other electoral officers who may be present, and in the presence of any scrutineers who may be present—
	(a)	open all ballot boxes used in the election or poll, remove the contents and exhibit the ballot boxes empty; and
	(b)	separate the envelopes used for declaration votes from the ballot papers not contained in such envelopes; and
	(c)	proceed to the scrutiny of the declaration votes in accordance with section 47(2) of the Act; and
	(d)	at an appropriate time—
	(i)	examine all the ballot papers not contained in envelopes and reject any informal ballot papers; and
	(ii)	ensure that the unrejected ballot papers are in appropriate parcels for counting.

Schedule—Prescribed forms

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1999	242	Gazette 25.11.1999 p2800	1.1.2000: r 2	
2002	36	Gazette 23.5.2002 p1984	23.6.2002: r 2	
2005	250	Gazette 1.12.2005 p4099	1.1.2006: r 2	
Provisions varied
New entries appear in bold.
Provision	How varied	Commencement	
r 7			
r 7(8)	varied by 36/2002 r 3	23.6.2002	
Sch			
Form 3	varied by 36/2002 r 4(a)	23.6.2002	
Form 4	varied by 36/2002 r 4(b)	23.6.2002	
Form 5	varied by 36/2002 r 4(c)	23.6.2002	
Form 11	substituted by 36/2002 r 4(d)	23.6.2002