Parties and Candidates

On this page:

• Candidate qualifications
• Nominating as an independent candidate
• Nominating as a party-endorsed candidate
• Additional nomination rules

Overview

This page explains how to nominate as a candidate for the House of Assembly. It outlines eligibility requirements, nomination methods, forms, deposits, and lodgement processes for both independent candidates and candidates endorsed by registered political parties.

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

Candidate qualifications

To qualify 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, due to holding certain offices).
• 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 2 ways:

Independent candidate

You lodge your own nomination and must meet all requirements that apply to individual candidates, including providing nominators.

Party-endorsed candidate

Your nomination is made by your political party's registered officer on your behalf.

Independent candidates

1. Eligibility

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

• at least 20 eligible electors enrolled in the district you are contesting.

2. Nomination deposit

A $1,000 deposit must accompany your nomination. Accepted payment methods:

• banker’s cheque (personal cheques cannot be accepted)
• electronic funds transfer (EFT) to the Electoral Commission of South Australia (ECSA)

If paying by EFT, a printed receipt showing successful payment must be lodged with your nomination. 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 44 – Completed nomination form
• RO 44A – List of at least 20 nominators, including signatures and enrolment details
• $1,000 deposit (banker’s cheque or EFT receipt)

4. Lodgement

All documents and the deposit must be lodged with the returning officer for the district you are contesting.

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Party-endorsed candidates

1. Nomination process

Party-endorsed candidates must:

• complete the appropriate party-endorsed nomination form (RO 40A or RO 40B, depending on the party's process)
• return the completed form 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 nomination forms (RO 40A / RO 40B)
• submit a $1,000 deposit per candidate (banker’s cheque or EFT)
• lodge multiple nominations on a single nomination paper if submitted at least 48 hours before the hour of nomination

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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

The $1,000 deposit is refunded if:

• the candidate is elected, or
• the candidate receives more than 4% of first‑preference votes in the district

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

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

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

If a candidate dies

If a candidate dies after nominations are declared and before polling day, the election for that district is taken to have failed and must be re‑run.
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On this page:

• Candidate qualifications
• Nominating as an independent ungrouped candidate
• Nominating as an independent grouped candidate
• Nominating as a party-endorsed candidate
• Additional nomination rules

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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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

The descriptions of terms in this glossary are for quick reference only. This glossary is not to be substituted for the formal definitions found within the legislation. Refer to Part 13A of the Electoral Act 1985 (the Act).

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ACNC registered entity: An organisation registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

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Administrative expenditure: Defined under section 130A as:

• expenditure relating to administration, operation, or management of a registered political party (including non-state activities), or
• administrative or operational expenditure of a non-party member

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Agent: A natural person (18+) appointed in writing under section 130G(3) by a party, candidate, group, associated entity or third party to manage funding and disclosure responsibilities. Agents must not have been convicted of a prescribed offence under Part 13A of the Act or Part 20 of the Commonwealth Electoral Act 1918.

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Applicable expenditure cap: The maximum allowable political expenditure during a capped expenditure period, varying across:

• registered political parties
• House of Assembly candidates
• Legislative Council candidates or groups
• third parties

Amounts are indexed and governed by section 130Z.

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Appointing person or body: The political party, candidate, group, associated entity or third party that fornally appoints an agent.

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Associated entity: Defined in section 130A as an entity controlled by, operating for the benefit of, or financially connected to a registered political party.

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Auditor: A person who has the necessary qualifications or experience and has not been a member of a registered political party at any point in the previous 10 years.

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Campaign donations return: A statutory return that must be lodged by the agent of an entitled candidate or group, at the times and in the form approved by the Electoral Commissioner. The return must include:

The return must include:

• For donations or loans over $1,000: prescribed details of each donation or loan received during the disclosure period.
• For donations or loans $1,000 or less: total value and the number of donors/lenders.
• A return does not need to include details of a donation or loan if it was given in a private capacity for personal use and not used for election purposes.

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Candidate: A person nominated for election to the House of Assembly or Legislative Council. The Act defines eligibility, nomination procedures, and obligations under various Parts.

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Capped expenditure period

• For a general election: from 1 July in the year before the election until 30 days after polling day.
  
• For all other elections: from the day the vacancy is announced by, or on behalf of, the Speaker of the House of Assembly until 30 days after polling day.

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CPI (Consumer Price Index): The All Groups Consumer Price Index (CPI) for Adelaide is published by the Australian Bureau of Statistics (ABS). It measures inflation, which reflects how the overall cost of living for households in Adelaide changes over time.

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Designated participant

• an entitled registered political party
• an entitled candidate
• an entitled group, or
• a third party.

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Designated period

• For a general election: the period starting on 1 January in the year of the election and ending 30 days after polling day.
• For all other elections: the period starting on the day the vacancy is announced in the House of Assembly by (or on behalf of) the Speaker and ending 30 days after polling day.

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Disclosure period
The disclosure period in section 130ZF(5)(a) is the time frame in which donations or loans must be reported in a campaign donations return.

It varies depending on whether the person is a new candidate, an existing candidate, or an entitled group:

• New candidate
  • Starts: the earlier of
    • the day the person announced they would be a candidate, or
    • the day they were formally nominated.
  • Ends: 30 days after polling day for the election.
• Not a new candidate (stood in the previous election)
  • Starts: 30 days after polling day for the last election in which they were a candidate.
  • Ends: 30 days after polling day for the current election.
• Entitled group
  • Starts: the day the members of the group applied under section 58 to have their names grouped on the ballot paper.
  • Ends: 30 days after polling day for the election.

The disclosure period for all candidates (and groups) will end 30 days after polling day for the election.

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Disposition of property
Any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property.

It includes:

• the allotment of shares in a company.
• creating a trust in property.
• granting or creating a lease, mortgage, charge, easement, licence, power, partnership, or other interest in property.
• releasing, discharging, surrendering, forfeiting, or abandoning (at law or equity) a debt, contract, right of action, or interest in property.
• exercising a general power of appointment of property in favour of another person.
• any transaction intended to reduce the value of a person’s own property and increase the value of another’s property.

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Donation
A donation is anything of value given to a person, candidate, group, or party, without full payment in return (or for less than its real value).

It includes:

• Money, goods or property given without full payment in return
• Services provided for free or below cost (but not voluntary labour or unpaid professional services)
• Party membership or affiliation fees (over $250 per year)
• Transfers of property from a political party, party branch, or associated entity
• Payments for guarantees
• Payments to attend fundraising events

It does not include:

• Party membership fees of $250 or less per year
• Levies paid as part of party membership
• Public funding payments under the Act
• Electorate allowances, expenses or benefits set by the Remuneration Tribunal
• Parliamentary allowances and benefits under the Parliamentary Remuneration Act 1990
• Transfers from a political party to its nominated entity
• Free broadcasting services provided by non-commercial broadcasters
• Commercial payments (e.g. interest, dividends)
• Event/function payments that only cover actual costs (venue, food, drinks)

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Electoral donation: Any donation made to a registered political party, group, candidate, member of parliament (MP), or third party that is used, or intended to be used, for state electoral purposes or to incur political expenditure.

Key points:

• Donations to a party from its nominated entities that are used only for administrative purposes are not electoral donations.
• Donations can include money or property provided to reimburse, enable, or contribute toward electoral activities.
• If a donation is initially not for electoral purposes but is later used for them, it becomes an electoral donation.
• Minor incidental expenses (like meals or entry tickets at events) or the use of a venue by a member or candidate without charge or for inadequate consideration are not treated as electoral donations.
• Donations to an associated entity are generally treated as donations to the related party, subject to certain exceptions for bequests or intra-party property transfers.

Reference: Section 130ZCB of the Act

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Electoral loan: A loan that is used or intended to be used for electoral purposes or political expenditure. Even if the loan was not originally intended for electoral use, it becomes an electoral loan once used for that purpose. Reference: Section 130ZCC of the Act

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Eligible vote: A first preference vote on a formal ballot paper in an election.

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Entitled candidate: An independent candidate (not endorsed by a registered political party) who is not a sitting MP at the time the election is called.

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Entitled group
A group of independent candidates running together in an election.

• The group must not include any candidate endorsed by a registered political party.
• The group must not include any candidate who was a sitting MP when the election was called.

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Entitled registered political party
A political party that is formally registered under the Act and does not have any sitting MP at the time of the election.

This excludes parties that, in relation to the election:

• Had one or more members who were MPs at the time of the dissolution of parliament (for a general election), or
• Had one or more members who were MPs at the time of the vacancy that triggered a by-election.

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Entity: An entity is any organisation, group, or trust.

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Expenditure caps
Limitations on political expenditure apply to:

• A registered political party
• A candidate
• A group; or
• A third party.

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Financial controller
In relation to an entity, means:

• (a) if the entity is a company: the secretary of the company
• (b) if the entity is the trustee of a trust: the trustee
• (c) in other cases: the person responsbile for maintaining the financial records of the entity.

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Financial institution
A body that provides financial services or financial products and is either:

• an Authorised Deposit-taking Institution (ADI), such as a bank, building society, or credit union; or
• another body prescribed by the regulations.

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Financial member: A person who either pays membership fees to a political party or is recognised as a financial member under the party’s rules.

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Foreign entity
Any person or organisation that meets one or more of the following:

• A body politic of a foreign country or part of a foreign country.
• A part of a body politic described above.
• A foreign public enterprise as defined in section 70.1 of the Criminal Code Act 1995 (Cth).
• A body (incorporated or unincorporated) that does not meet all these conditions:
  • Incorporated in Australia
  • Head office in Australia
  • Principal place of activity in Australia
• An individual who is none of the following:
  • An elector in Australia
  • An Australian citizen
  • An Australian resident
  • A New Zealand citizen holding a Subclass 444 (Special Category) visa (or its replacement if the subclass ceases to exist).

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General donations cap
The maximum amount of donations that a relevant regulated designated participant may receive for an election.

• The donations cap equals the participant’s applicable expenditure cap.
• This ensures that donations are proportionate to allowable campaign spending.

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General loans cap
The maximum amount of loans a relevant regulated designated participant can incur in relation to an election.

For a relevant regulated designated participant, the general loans cap is equal to their applicable expenditure cap for that election.

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Group
A group means 2 or more candidates who are nominated for election to the Legislative Council and who have applied under section 58 of the Act to have their names shown together in a column on the ballot paper.

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Indexed amount: An indexed amount under the Electoral Act 1985 refers to a monetary figure in the legislation that is automatically adjusted each financial year to reflect changes in the Consumer Price Index (CPI). These adjustments occur annually on 1 July. Indexed amounts ensure that financial thresholds in the Act (such as donation limits or penalties) maintain their real value over time by accounting for inflation.

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Loan: An advance of money, credit, or other financial help that must be repaid, except if it comes from a financial institution or from a political party to its own nominated entity.

Note: Loans from banks and similar institutions are not considered electoral loans.

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New candidate
A person standing for election who has not been a candidate in a previous election within a set time frame:

• House of Assembly election: not a candidate in the last 5 years
• Legislative Council election: not a candidate in the last 9 years

Refer to section 130ZF(5)(b) of the Act.

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Nominated entity: An organisation formally appointed by a registered political party to act on its behalf. These entities may assist with administrative, financial, or operational matters related to the party's activities. The Electoral Commissioner maintains a public register of nominated entities.

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Non-party member: A member of parliament who does not belong to a registered political party.

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Political expenditure: Money spent to publicly promote views about parties, candidates, members of parliament, election issues, political material, or election-related research.

It does not include: GST, MP allowances/benefits, administration or policy development costs, normal staffing costs, or any other category the law specifically excludes.

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Prescribed administrative expenditure
A one-off payment of administrative funding available to certain non-party members and registered political parties to cover specific administrative cpsts incurred in complying with Part 13A of the Act.

Eligibility:

1. Non-party members:
   • Must be a member of parliament at the time of eligibility.
   • Their agent must submit a claim to the Electoral Commissioner detailing the prescribed administrative expenditure.

2. Registered political parties:
   • Must be entitled to administrative funding and have received a half-yearly entitlement payment.
   • Their agent must submit a claim to the Electoral Commissioner detailing the prescribed administrative expenditure.

What counts as prescribed administrative expenditure?

• For non-party members: Expenditure incurred before the prescribed date to comply with Part 13A (this may occur be before or after commencement of the relevant provisions).
• For registered political parties: Same as above, but excludes any expenditure already claimed under section 130U(1)(c) for a half-yearly entitlement to administrative funding.

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Prescribed details
Specific pieces of information that must be recorded or disclosed in relation to a donation, loan, electoral donation, amount received, or debt incurred.

They generally include:

1. Amount or value of the donation, loan, electoral donation, amount received, or debt.
2. Date on which it was made, received, or incurred.
3. Name and address of the person from whom it was received or to whom the debt is owed (where applicable).
4. Any other details required by the regulations.

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Prohibited period
For an election, in relation to a recontesting participant, the prohibited period is the time frame that:

• Starts: at the beginning of the capped expenditure period for the participant in that election.
• Ends: 30 days after polling day for the election.

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Property: Includes money.

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Recontesting participant: For an election, a recontesting participant is an entitled registered political party, entitled candidate, or entitled group that chooses to be treated as a recontesting participant by lodging a certificate under section 130PF for that election.

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Registers maintained by the Electoral Commissioner
The Electoral Commissioner maintains several official registers under the Act.

Agent register
Records the names and addresses of all appointed agents. Entries serve as conclusive evidence of appointment, with removal governed by resignation, termination, or conviction under the Act.

Nominated entity register
A public list recording the name and address of each nominated entity, the political party it belongs to, and any other details required by regulation. The register must be published on the Electoral Commission’s website.

Political party register
Records all political parties registered in accordance with the Act. The register is available for public inspection, free of charge, during ordinary office hours at the principal office of the Electoral Commissioner.

Third party register
Lists all third parties registered under Division 8A of the Act. The register period begins when the capped expenditure period for an election starts. The register must be published on the Electoral Commission’s website.

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Registered industrial organisation: An organisation registered under the Fair Work Act 1994 or under similar workplace/industrial relations laws of the Commonwealth, another state, or a territory.

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Registered political party
A political party registered under Part 6 of the Act.

To qualify for registration, a party must be an eligible political party, which means it is either:

• a parliamentary party – a party with at least one member who is:
  • a Member of the Parliament of South Australia, or
  • a Senator for South Australia, or
  • a Member of the House of Representatives chosen in South Australia; or
• a political party (not a parliamentary party) that has at least 200 members who are enrolled electors.

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Regulated designated participant
A subset of designated participants who are subject to specific funding, disclosure, and expenditure cap rules. They include:

• an entitled registered political party
• an entitled candidate
• an entitled group, or
• a third party, other than an ACNC registered entity.

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Relevant entity
A relevant entity is any of the following:

• A registered political party
• An associated entity
• A third party (any person or organisation that is not a political party but is involved in activities relevant to the election).

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Relevant regulated designated participant
A regulated designated participant that is subject to general donation caps linked to their campaign expenditure cap. These include:

• an entitled registered political party
• an entitled candidate, or
• an entitled group.
  (Note: third parties are not included in this category for donation caps.)

Reference: See section 130ZCI of the Act for more information.

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State campaign account: A separate bank account that a registered political party, candidate, group, or certain third parties must use solely for state election funds, recorded in a register maintained by the Electoral Commissioner.

👉 Learn more about state campaign account requirements.

Reference: Sections 130K, 130L and 130M of the Act.

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State electoral purposes: Activities related to state elections, but not federal or local government elections.

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Third party
A third party is any person or organisation that is not:

• A member of parliament (House of Assembly or Legislative Council)
• The Crown, including public sector agencies
• A registered political party, group, or candidate
• A person engaged in a broadcasting or datacasting service
• The publisher of a journal, including online journals

who either:

• Incurs or intends to incur more than $10,000 in political expenditure during the designated period for an election, or
• Incurred more than $10,000 in political expenditure during the designated period for the last preceding general election.

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Total primary vote: The total number of eligible votes cast in favour of all candidates in an election by electors for the relevant electoral district. 

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