Parties and Candidates

Overview

Under section 4 of the Electoral Act 1985 (the Act), a how-to-vote card (HTVC) is defined as: 'A card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter'.

During the election period (from the issue of the writ until 6 pm on polling day), any HTVC that is published or distributed must:

contain a compliant authorisation
not mislead voters
not induce an informal vote

This page summarises key legal requirements for creating, lodging and distributing HTVCs in South Australian state elections.

Section 66 applies to HTVCs used inside polling places and early voting centres
Section 112A applies to any HTVC distributed anywhere during the election period.

Disclaimer: This information is for general guidance only and does not replace or override the Act. Seek independent legal advice if you are unsure about your obligations.

HTVCs at polling places

Section 66 of the Act regulates HTVCs submitted to the Electoral Commissioner for display in polling places on polling day, and inclusion in booklets for early voting centres, remote mobile polling and declared institutions.

A candidate may submit a HTVC for use at all in‑person voting services.
Only one HTVC per candidate per district may be accepted for display.
No person may distribute or display a HTVC at a polling place unless it is substantially the same as the lodged version.
HTVCs cannot be published or distributed at polling places unless they are registered with ECSA.

Lodgement rules for polling places (section 66)

HTVCs for use at polling places or early voting centres must be lodged:

no later than 4 days after the close of nominations

Two types of lodgements are required:

Display cards – for inclusion at polling places and early voting centres
Distribution cards – for individuals intending to hand out cards during the election period

Authorisaton requirements for distributed HTVCs (section 112A)

Any material resembling a HTVC distributed during the election period must include:

name of the person authorising the material
physical address of the authoriser (not a PO Box)
party name or abbreviation (if authorised by a registered party or endorsed candidate)
third-party name (if authorised by a relevant third party)

ECSA may approve a PO Box for independent candidates if the suburb of residence is also provided.

Lodgement rules for general distribution (section 112A)

A HTVC distributed during the election period must be substantially the same as:

a version submitted under section 66, or
a version lodged no later than 12 noon, 8 days before polling day

Additional rules:

A card may compile multiple compliant HTVCs from different districts if all authorisation requirements are met.
If a candidate has already submitted a section 66 HTVC and distributed a substantially similar card, no additional section 112A lodgement is required.
A candidate may lodge only one section 112A HTVC per election. Later versions must be identical in appearance to the original lodged version.
Each district's HTVC included on a combined card must still meet all mandatory content requirements.

Mandatory content — Regulation 20

Every HTVC lodged under section 112A must include:

voting instructions, shown as either:
- numbered preference squares, or
- a '1' before the candidate's surname (if identical to a section 66 voting ticket) plus a statement requiring preferences for all other candidates
the exact words 'How-to-vote'
candidate name(s)
authorisation details
district name

Note: HTVCs may be lodged electronically.

Font size requirements — Regulation 20

Minimum required font sizes:

A6 or smaller: Arial 10 pt minimum
Larger than A6 but smaller than A3: Arial 14 pt minimum
Larger than A3: Arial 20 pt minimum

Card size is based on area, not shape.

Appearance consistency

All distributed versions must be substantially the same. Acceptable differences include size, shape, font, medium, and preference indication method.

Not acceptable: promoting a different first-preference candidate without written notice at least 8 days prior.

Why register a how‑to‑vote card?

Registration helps ensure voters are not misled. It is an offence to distribute an unregistered HTVC at a polling place, including:

distributing a card not lodged with ECSA
distributing a card that differs substantially from the lodged version

What counts as distribution?

A person distributes a HTVC if they make it available for people to take away.

A HTVC is not considered distributed if it is displayed only.

Examples of distribution

handing out printed cards at polling places or elsewhere
leaving stacks of cards in public areas
including HTVCs in mail‑outs
electronic sharing (website uploads, social media posts, emails, messages). Authorisation must be immediately accessible
the authorisation must appear on the material itself or be accessible within one click

Only HTVCs intended for distribution during the election period are subject to authorisation and lodgement rules.

Offences and penalties

Distributing a non‑compliant HTVC may result in:

a fine of up to $5,000
a direction from the Electoral Commissioner to cease distribution or publish a formal retraction

Cards must not contain false or misleading statements of fact. Misleading advertising is an offence under section 113.

Compliance

Election staff may:

require a person to produce a HTVC for inspection
confiscate cards not accepted by ECSA

Publishing or distributing unauthorised or misleading material is an offence.

Complaints

campaign workers may lodge complaints with the presiding officer if unregistered HTVCs are observed
complaints should include a copy or photo of the HTVC
matters may be escalated to the returning officer
the accountable person for the HTVC may be contacted

Related information

Electoral Act 1985 (SA), Part 13, Division 2
Information Sheet: How-to-Vote Cards (PDF, 514KB)

The Electoral Commission of South Australia (ECSA) is required under section 26 of the Electoral Act 1985 (the Act) to provide electoral roll data to specific persons and organisations.

Entities eligible to apply under section 26(2)(a)–(d) include:

Members of the House of Assembly
Members of the Legislative Council
Registered officers of registered political parties
Nominated candidates in an election

Scope of entitlements

Members of Parliament (MPs)

MPs may receive electoral roll data for:

the district for which they were elected, and
any other division that, after redistribution, includes all or part of that district

Nominated candidates

Candidates may receive electoral roll data for:

the district for which they have nominated, and
any other division that, after redistribution, includes all or part of that district

Registered officers of registered political parties (RPPs)

Registered officers may request electoral roll data for any district.

Access to electoral roll data

Access is provided through ECSA’s secure file system (Kiteworks) once a valid application has been approved.

Conditions of use

Electoral roll data provided under section 26 may only be used:

to carry out the functions of a Member of Parliament, or
for the distribution of electoral matter

Maximum penalty for misuse: $10,000.

Application process

Eligible persons or parties must submit an online roll access request form.

👉 Request for copy of the electoral roll

Requests submitted by any other method may not be processed.
Once the request has been processed, ECSA will notify the applicant by email when the data is available for download.
Only the entitled entity may submit the request — the candidate, the registered officer, or the Member of Parliament.

Additional information

Requests are generally actioned within 5 business days.

For enquiries, contact ECSA at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 1300 655 232.

This page provides guidance on the legal requirements for electoral advertising during South Australian state elections. All candidates, parties, and third-party campaigners must comply with the Electoral Act 1985 (Electoral Act) and associated Electoral Regulations 2024 (Electoral Regulations).

References

Broadcasting Services Act 1992 (Cth)
Electoral Act 1985 (SA)
Electoral (Control of Corflutes) Amendment Act 2024
Electoral (Miscellaneous) Amendment Act 2024
Electoral Regulations 2024
Local Government Act 1999
Guidelines for the broadcast of political matter (Australian Communications and Media Authority (ACMA))

Definitions

Electoral Act - Part 1, section 4.

Electoral advertisement: An advertisement containing electoral matter.
Electoral matter: Matter calculated to affect the result of an election.

Note: The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you're unsure about your obligations, we strongly recommend seeking independent legal advice.

Authorisation requirements

Under section 112 of the Electoral Act, any electoral advertisement, whether printed or published online, must include:

Name and street address of the authoriser (a PO Box cannot be used).
Note: Independent candidates (those not endorsed by a registered political party) may use a PO Box instead of a street address if they have approval from the Electoral Commissioner and the suburb where the candidate lives is included at the end of the advertisement.
If authorised for a registered political party or an endorsed candidate: the party's name or its registered abbreviation.
If authorised for a relevant third party: the name of that third party.

Exceptions: Small items such as stickers, badges, lapel buttons, pens, pencils and balloons are exempt.

Compliance note: Failure to include correct authorisation details is an offence.

Maximum penalty: $5,000 for individuals, $10,000 for bodies corporate.

Restrictions on the display of electoral advertisements

Section 115 of the Electoral Act and the Electoral (Control of Corflutes) Amendment Act 2024.

Size of electoral advertisements

Advertisements on vehicles, buildings, hoardings, or structures must not exceed 1 square metre.
Advertisements within 1 metre of each other for the same candidate or party are treated as a single advertisement.

Penalty: Up to $5,000.

Prohibited locations

It is prohibited to exhibit electoral advertising posters on public roads or road-related areas, including structures, fixtures, or vegetation.

Penalty: Up to $5,000.

Exceptions

Posters held by a person (directly or attached to a device).
Posters not attached to a structure, displayed at or near a designated event or activity immediately before, during, or after (maximum 6 hours).
Posters of a prescribed kind or in prescribed circumstances under regulations.

Compliance note: Significant penalties apply for breaches of size and placement rules under section 115.

Enquiries about the placement of signs in public spaces (e.g. height, location) should be directed to the relevant council, as these matters fall under the Local Government Act 1999.

Headings on electoral advertisements

Part 13, Division 2 of the Electoral Act.

All electoral advertisements must clearly identify the candidate or party they promote. Headings should not mislead voters about the source or purpose of the advertisement.

Misleading advertising

Under section 113 of the Electoral Act, it is an offence to publish electoral material that contains statements of fact that are inaccurate and misleading to a material extent.

Maximum penalty: $5,000 for individuals, $25,000 for bodies corporate.

The Electoral Commissioner may require withdrawal or publication of a retraction.

How-to-vote cards

Part 6 of the Electoral Regulations.

How-to-vote cards must comply with authorisation requirements and must not mislead voters. They should clearly indicate the candidate or party issuing the card and follow the official ballot format.

👉 Learn more on our How-to-Vote Cards page

👉 How-to-Vote Cards Information Sheet (PDF, 514KB)

Broadcast media authorisations

Section 112 of the Electoral Act and the 'Guidelines for the broadcast of political matter' (Australian Communications and Media Authority (ACMA)).

Radio advertisements must include a spoken authorisation at the end of the advertisement. This format requirement is governed by federal broadcasting regulations, including the Broadcasting Services Act 1992 and ACMA guidelines.
Television advertisements must include both a spoken and a text-based authorisation at the end of the advertisement. Also governed by federal broadcasting regulations.

While section 112 of the Electoral Act outlines the content of the authorisation (i.e., what must be included), the formatting requirements for broadcast media are set by federal law and apply nationally, including in South Australia.

Digital advertising

Online and social media advertising must comply with authorisation requirements. Paid digital ads may be subject to additional disclosure obligations under the Electoral Act.

Artificial intelligence in electoral advertising

Under sections 115B to 115D of the Electoral Act, it is prohibited to publish or distribute electoral advertising generated by artificial intelligence that falsely depicts a person performing acts they did not do.

Penalty: Up to $10,000 for breaches.

Consent exception: Allowed only if the person depicted has given written consent and the advertisement is clearly labelled as AI-generated.

The Electoral Commissioner may order removal of such ads and require corrective statements.

How-to-vote cards

Electoral roll data entitlement

Electoral advertising - state elections

Resources