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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Voting) Amendment
Bill 2010
A BILL FOR
An Act to amend the Electoral Act 1985.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Electoral
Act 1985
3 Amendment of section
4—Interpretation
4 Amendment of section 53—Multiple nominations
of candidates endorsed by political party
5 Amendment of section
58—Grouping of candidates in Legislative Council election
6 Amendment
of section 59—Printing of Legislative Council ballot papers
7 Amendment
of section 60—Ballot papers for House of Assembly
elections
8 Repeal of section 63
9 Amendment of section
66—Preparation of certain electoral material
10 Amendment of section
74—Issue of declaration voting papers by post or other
means
11 Amendment of section 76—Method of voting at
elections
12 Substitution of section 92
92 Interpretation
of ballot papers in Legislative Council elections
13 Repeal of section
93
14 Amendment of section 94—Informal ballot papers
15 Amendment of
section 95—Scrutiny of votes in Legislative Council
election
16 Amendment of section 112A—Special provision relating to
how-to-vote cards
17 Insertion of Schedule 1
Schedule 1—House of Assembly ballot
papers
1 Interpretation
2 Order of
names of candidates on first batch
3 Order for
subsequent batches
4 Ballot papers to be printed in
equal batches
5 Sequence of names of
candidates
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Voting) Amendment
Act 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
3—Amendment of
section 4—Interpretation
(1) Section 4(1)—after definition of general election
insert:
group voting square means a square printed on a ballot paper
for a Legislative Council election in relation to the candidates included in a
group who have requested a group voting square for the purposes of the election
under section 58(2)(e);
(2) Section 4(1), definition of
how-to-vote card—delete ", in the form of a ballot
paper,"
(3) Section 4(1), definition of registered voting
ticket—delete the definition
(4) Section 4(1), definition of voting ticket—delete
the definition
(5) Section 4(1), definition of voting ticket
square—delete the definition
4—Amendment of
section 53—Multiple nominations of candidates endorsed by political
party
Section 53(3)(b)(iii)—delete ", and to lodge a voting ticket under
section 63(1),"
5—Amendment of
section 58—Grouping of candidates in Legislative Council
election
Section 58(2)—after paragraph (d) insert:
and
(e) may contain a request for a group voting square for the group on the
ballot paper.
6—Amendment of
section 59—Printing of Legislative Council ballot
papers
Section 59(2)—delete subsection (2) and substitute:
(2) If the candidates in a group have requested under
section 58(2)(e) a group voting square, an additional square must be
printed on the ballot paper in order to provide for the casting of votes in that
square.
7—Amendment of
section 60—Ballot papers for House of Assembly
elections
(1) Section 60(a)—delete "by lot" and substitute:
in accordance with Schedule 1
(2) Section 60—after its present contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) Ballot papers to be used in a House of Assembly election are to be
collated in a manner approved by the Electoral Commissioner so that there is a
random distribution of each particular form of ballot paper constituted under
Schedule 1.
(3) When issuing ballot papers in relation to a House of Assembly election
(not being declaration ballot papers), the presiding officer is to ensure, as
far as is practicable, that the ballot papers are distributed to voters in the
order in which they were collated in accordance with
subsection (2).
Section 63—delete the section
9—Amendment of
section 66—Preparation of certain electoral material
(1) Section 66(1)—delete subsection (1) and substitute:
(1) The Electoral Commissioner must have posters formed from how-to-vote
cards submitted by the candidates in the election prepared for use in polling
booths on polling day.
(2) Section 66(2)(a)—delete paragraph (a)
(3) Section 66(2)(b)—delete "other"
(4) Section 66(2)(d)—delete "in the case of how-to-vote
cards,"
(5) Section 66(2)(e)—delete paragraph (e)
(6) Section 66(2)(g)—delete "in the case of how-to-vote
cards—"
(7) Section 66(3)—delete "or booklet"
(8) Section 66(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) The presiding officer at each polling booth must ensure that, in
relation to a House of Assembly election, posters prepared under
subsection (1) are displayed in each voting compartment.
10—Amendment of
section 74—Issue of declaration voting papers by post or other
means
Section 74—after subsection (7) insert:
(8) A candidate in an election, or a person acting on behalf of or
otherwise assisting a candidate in an election, must not offer or agree to
transmit any application by an elector for the issue of declaration voting
papers under this section.
Maximum penalty: $1 250.
11—Amendment of
section 76—Method of voting at elections
Section 76(1)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) by placing the number "1" in the square opposite the name of the
candidate for whom he or she votes as his or her first preference and, if the
voter so desires, by placing the number "2" and consecutive numbers in the
squares opposite the names of other candidates in the order of the voter's
preference for them (but not so as to be required to indicate a preference for
all candidates); or
(b) if the ballot paper contains 1 or more group voting squares—by
placing the number "1" in the square that relates to the group of
candidates for whom the voter votes as his or her first preference and, if the
voter so desires, by placing the number "2" and consecutive numbers in the group
voting squares that relate to other groups of candidates in the order of the
voter's preference for them (but not so as to be required to indicate a
preference for all groups of candidates).
Section 92—delete the section and substitute:
92—Interpretation of ballot papers in Legislative
Council elections
(1) This section applies only in relation to a Legislative Council
election.
(2) If a voter records a vote on a ballot paper by placing the number "1"
in the group voting square for a group of candidates, the ballot paper is taken
to have recorded on it a first preference vote for the first candidate included
in the group and subsequent preferences for all other candidates included in the
group in the order in which the names of the candidates appear on the ballot
paper.
(3) If the voter also records a vote on the ballot paper by placing the
number "2" in the group voting square for another group, the ballot paper is
taken to have recorded on it a preference, subsequent to those referred to in
subsection (2), for the first candidate included in that other group and
subsequent preferences for all other candidates included in that other group in
the order in which the names of the candidates appear on the ballot
paper.
(4) If the voter also records a vote on the ballot paper by placing the
number "3" or subsequent numbers in the group voting squares for other
groups, the ballot paper is taken to have recorded on it preferences, subsequent
to those referred to in subsections (2) and (3), for the first
candidate included in those other groups and subsequent preferences for all
other candidates included in those other groups in the order in which the names
of the candidates appear on the ballot paper.
Section 93—delete the section
14—Amendment of
section 94—Informal ballot papers
(1) Section 94(1)(b)—delete paragraph (b) and substitute:
(b) it has no vote indicated on it;
(2) Section 94(3) to (4a)—delete subsections (3) to (4a) and
substitute:
(3) If a series of numbers (starting from the number "1") appearing
on a ballot paper is non-consecutive by reason only of the omission of 1 or
more numbers or the repetition of a number (not being the number "1"), the
ballot paper is not informal and the votes are valid up to the point where the
omission or repetition occurs.
15—Amendment of
section 95—Scrutiny of votes in Legislative Council
election
(1) Section 95(3)(b)(i)—delete "voting ticket square" and
substitute:
group voting square
(2) Section 95(3)(b)(iii)—delete "voting ticket" and
substitute:
group voting square
(3) Section 95(7)(b)—after "next available preference"
insert:
(if any)
(4) Section 95(10)—after "subsequent preferences" insert:
(if any)
(5) Section 95(11)(a)—after "next available preference"
insert:
(if any)
(6) Section 95(11)(b)(i)—after "next available preference"
insert:
(if any)
(7) Section 95(11)—after paragraph (b) insert:
(c) a ballot paper that under this subsection is, pursuant to the
exclusion of a candidate, required to be transferred to a continuing candidate
must be set aside as finally dealt with if it does not indicate a next available
preference for a continuing candidate.
(8) Section 95(15)—delete subsection (15) and substitute:
(15) If, after all the candidates who have received a number of votes
equal to or greater than the quota are elected (following the transfer of votes
under this section) there is 1 or more remaining vacancies, the following
provisions apply:
(a) where there is 1 remaining vacancy—the continuing candidate who
has the most votes will be elected despite the fact that the number of votes of
that candidate may be below the quota;
(b) where there is more than 1 remaining vacancy—the continuing
candidates who have the most votes will be elected despite the fact that the
number of votes of each candidate may be below the quota.
(9) Section 95(16)—delete "the last vacancy" and
substitute:
a vacancy referred to in subsection (15)
(10) Section 95(25)—after "voter's preference" insert:
(if any)
(11) Section 95(25)—after "subsequent preferences" insert:
(if any)
16—Amendment of
section 112A—Special provision relating to how-to-vote
cards
(1) Section 112A—after subsection (1) insert:
(1a) A person must not distribute, or cause or permit to be distributed, a
how-to-vote card in printed form on polling day.
Maximum penalty: $5 000.
(2) Section 112A(2)—delete "Subsection (1) does" and
substitute:
Subsections (1) and (1a) do
After section 139 insert:
Schedule 1—House of Assembly ballot
papers
1—Interpretation
In this Schedule, unless the contrary intention appears—
favoured position, in relation to a column of candidates
names contained in a ballot paper, means (reading from the top of the
column)—
(a) if the names of 2 candidates are to appear in the
column—the first position in the column; and
(b) if the names of 3 candidates are to appear in the
column—the first and third positions in the column; and
(c) if the names of 4 candidates are to appear in the
column—the first and fourth positions in the column; and
(d) if the names of 5 candidates are to appear in the
column—the first, third and fifth positions in the column; and
(e) if the names of 6 candidates are to appear in the
column—the first, second, fifth and sixth positions in the column;
and
(f) if the names of 7 candidates are to appear in the
column—the first, second, sixth and seventh positions in the column;
and
(g) if the names of 8 candidates are to appear in the
column—the first, second, seventh and eighth positions in the column;
and
(h) if the names of 9 candidates are to appear in the
column—the first, second, eighth and ninth positions in the column;
and
(i) if the names of 10 or more candidates are to appear in the
column—the first, second, third and last 3 positions in the
column.
2—Order of names of candidates on first batch
For the printing of the first batch of ballot papers, the names of the
candidates in the column are to be listed in an order determined by
lot.
3—Order for subsequent batches
Subject to the provisions of this Schedule, the printing order for
subsequent batches is to be as prescribed by the regulations.
4—Ballot papers to be printed in equal batches
In relation to each candidate whose name is required to be included in a
ballot paper—
(a) there is to be printed, in respect of each of the favoured positions
for that column, a batch of ballot papers on which the name of that candidate
appears in such a favoured position; and
(b) the number of ballot papers in each batch on which the name of that
candidate appears in that column in a particular favoured position is, as far as
is practicable, to be equal to the number of ballot papers in each of the other
batches of ballot papers on which the name of every other candidate whose name
is to be included in that column appears in that favoured position.
5—Sequence of names of
candidates
If 6 or more names are to be included in a ballot paper, the name of a
candidate is not to appear immediately above the name of a particular other
candidate on more than 1 batch of ballot papers if the names of both
candidates would be in favoured positions in the column of candidates
names.