Parties and Candidates

Details

Published: 21 January 2026

On this page:

• Candidate qualifications
• Key dates for nominating
• Nominating as an independent ungrouped candidate
• Nominating as an independent grouped candidate
• Nominating as a party-endorsed candidate
• Additional nomination rules
• Forms and resources

Nominating for the Legislative Council

A step-by-step guide for prospective candidates in the 2026 State Election.

Overview

This page explains how to nominate as a candidate for the Legislative Council in the 2026 State Election. It outlines eligibility requirements, required forms, nomination deposits, and lodgement processes for independent ungrouped candidates, independent grouped candidates, and candidates endorsed by registered political parties. All requirements are set under the Electoral Act 1985 (the Act).

The Candidate Guide provides detailed instructions, examples, and legislative references to support your nomination and should be read alongside this information.

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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Key dates

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Ways to nominate

Candidates may nominate in one of 3 ways:

Independent ungrouped (not endorsed by a political party)

You lodge your own nomination and appear individually on the ballot paper.

Independent grouped (not endorsed by a political party)

You lodge your nomination as part of a group that appears together on the ballot paper.

Party-endorsed candidate

Your 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:

• Banker’s cheque (personal cheques cannot be accepted).
• Electronic funds transfer (EFT) to the Electoral Commission of South Australia (ECSA)
  • A printed receipt showing successful lodgement must be provided for EFT payments.

The deposit must be received before nominations close.

3. What you need to lodge

Submit the following documents to 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 a nomination. It is recommended that nominations are lodged early to allow time to verify nominators.

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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:

• Banker’s cheque (personal cheques cannot be accepted).
• Electronic funds transfer (EFT) to ECSA
  • A printed receipt showing successful lodgement must be provided for EFT payments.

The deposit must be received before nominations close.

3. What you need to lodge

Submit the following documents to 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 lodgement appointment. It is recommended that nominations are lodged early to allow time to verify nominators.

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Party-endorsed candidates

1. Nomination process

• Complete the 'Endorsed party candidate nomination' form (RO 50).
• Return it to your party’s registered officer along with an 'Application for a group on the ballot paper' (either RO 50B or RO 50C).
• The registered officer lodges all endorsed nominations directly with ECSA.

2. Requirements for registered officers

Registered officers must:

• Lodge all the party's 'Endorsed party candidate nomination' forms (RO 50).
• Lodge the 'Endorsement of the nominations by a party' (RO 50A).
• Submit an 'Application for a group on the ballot paper' (either RO 50B or RO 50C).
• Submit a $3,000 deposit per candidate in banker's cheque or EFT.

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Additional nomination rules

Withdrawing your nomination

Candidates may withdraw their nomination by lodging written notice with the returning officer before the hour of nomination.

• If withdrawn, the nomination is revoked.
• The deposit is refunded.

Deposit refunds

Your $3,000 deposit will be refunded if:

• You are elected, or
• You receive more than 2% of first‑preference votes.

Otherwise, 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.
• 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

These rules ensure names on ballot papers are clear and not misleading for voters.

A nomination may be rejected if the candidate’s name is:

• Obscene
• Frivolous
• 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 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.

Forms and resources

All required nomination forms and supporting guides are available below.

Forms and Guides

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Details

Published: 21 January 2026

On this page

• Overview
• Electoral reforms
• Public funding
• Appointing an agent
• Prescribed details
• State campaign accounts
• Expenditure caps
• Reporting and disclosure obligations
• Types of funding
• By-elections

Overview

The Electoral Commission of South Australia (ECSA) provides funding to support election-related activities under the Electoral Act 1985 (the Act). This includes funding for registered political parties, independent MPs, candidates, and groups. All payments are indexed annually in line with the Consumer Price Index (CPI).

Key funding streams

Registered political parties may be eligible for:

1. Public funding - including advance payments to support campaign activities
2. Administrative expenditure funding - covering operational costs, with options for one-off payments
3. Policy development funding - to assist in the formulation of party policies.

Electoral reforms

From 1 July 2025, the Electoral (Accountability and Integrity) Amendment Act 2024 introduced reforms to South Australia’s electoral framework to strengthen transparency, accountability, and integrity in electoral funding and political donations.

To support stakeholders, ECSA will provide ongoing guidance to assist participants in understanding their obligations under the new legislation; however, independent legal advice is encouraged.

Public funding

Public funding supports registered political parties in covering costs associated with state election campaigns and by-elections.

Eligibility

To qualify for public funding:

• A political party must be registered for at least 8 months prior to the election.
• Funding is only available for endorsed candidates or groups who receive eligible votes (i.e. first preference votes on formal ballot papers).
• The amount payable is determined by section 130P of the Act.

Funding entitlement

Public funding is calculated per eligible vote and varies depending on the party’s parliamentary representation at the time of the election. There are 2 types of entitlements: standard, for parties with at least one sitting member of parliament, and tapered, for parties without parliamentary representation.

Party status	Entitlement type	Funding rate (2026 indexed)
Party with at least one MP at dissolution	Standard	$5.50 per eligible vote
Party with no MPs at dissolution	Tapered	$6.00 per vote for first 10% of total primary votes $5.50 per vote thereafter

 Important:

• Funding is limited to actual political expenditure incurred.
• No payment will be made without satisfactory evidence of campaign-related costs.
• Payments are indexed annually in line with the Consumer Price Index (CPI).

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Details

Published: 21 January 2026

On this page

• Agent definition
• Eligibility
• Agent roles
• Appointing an agent
• Agent obligations
• Prescribed details for returns
• Record keeping
• Register of agents

Definition

An agent is a person appointed by a registered political party, candidate, group of candidates or third party to manage their funding and disclosure obligations under Part 13A of the Electoral Act 1985 (the Act). Agents can be formally appointed or deemed to be agents under the legislation.

Agents are responsible for ensuring the person or organisation they represent meets all legal requirements for funding and disclosure.

👉 View the current register of agents.

Eligibility criteria

• The person must be a natural person aged 18 years or over.
• A person cannot act as an agent if they have been convicted of a prescribed offence (section 130G(3)).

Agent roles by recipient type

The Act sets out who the agent is for each type of recipient.

Appointing an agent

The appointment must be made in writing and include:

• The name and address of the proposed agent.
• A signed consent and declaration confirming eligibility.

Candidates, groups, and third parties cannot change their agent after the close of nominations. Registered political parties are the only recipients permitted to change their agent after the close of nominations (section 130G(4)).

Acting agent appointment

If an agent is temporarily unavailable, they can appoint a qualified acting agent in writing to carry out their duties. The appointment must include the acting agent’s name and address and be sent to the Electoral Commissioner.

• The appointment can last up to 3 months and starts only when the Commissioner receives a copy.
• The appointment ends early if the original agent’s role ends or the acting agent is convicted of a relevant offence.
• While an acting agent is appointed, the original agent cannot perform their functions.
• The appointment can be revoked in writing, with a copy sent to the Commissioner.

Changing or ending an agent appointment

Revoking an agent

Candidates, groups of candidates, third parties, and associated entities can revoke their agent by giving written notice to the Electoral Commissioner. The notice must be signed by the candidate, each member of the group, or the third party, as relevant.

A registered political party may only revoke an agent's appointment if they also give a notice of appointment of another agent.

Death or resignation

If the agent dies or resigns, the relevant person must, within 7 days, give the Electoral Commissioner notice in writing. Registered political parties must provide notice and appoint another agent within 28 days of the agent’s death.

Conviction of an offence

If an agent is convicted of an offence under Part 13A of the Act or Part 20 of the Commonwealth Electoral Act 1918, their appointment automatically ends (subject to any appeal). The appointing person or body must notify the Electoral Commissioner of a replacement agent within 28 days of the conviction, or if there is an appeal, within 28 days of the appeal being determined. Registered political parties must also notify the Electoral Commissioner of the replacement agent within the same timeframes.

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Obligations of an agent

General obligations

• Set up a state campaign account (section 130K).
• Manage funds correctly: ensure all donations are paid into the campaign account and all political spending comes out of it (sections 130L and 130M).
• Keep accurate records: record donations of $200 or more and loans of $500 or more.
• Lodge returns for their client at the required times.
• Provide audit certificates for returns, or apply for a waiver from the Electoral Commissioner (section 130ZV).
• Comply with notices to produce information or give evidence (section 130ZZB).
• Inform donors or loan providers about reporting obligations (sections 130ZG(7) and 130ZH(8)).
• Monitor expenditure: ensure the client does not exceed the allowed expenditure cap if participating in the public funding scheme.

Additional obligations for registered political party agents

• Keep administrative funding separate (section 130W).
• Notify the Electoral Commissioner if the party shares its capped political expenditure with candidates (section 130Z(3)).
• Negotiate shared public funding with another registered party (section 130R(4)).
• Lodge a claim for administrative funding (section 130U).

Penalties for non-compliance

• Prosecution: Agents can be prosecuted for failing to meet their legal responsibilities.
• Fines: Offences against Part 13A attract fines ranging from $1,500 to $50,000.
• Loss of eligibility: A person convicted of an offence under Part 13A is not eligible to act as an agent.

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Prescribed details for returns

Under the Act, agents appointed by registered political parties, third parties, and associated entities are legally responsible for submitting accurate and complete returns to ECSA. These returns must include prescribed details to meet funding and disclosure obligations. These include:

• Agent information: Name, contact details, and appointment status.
• State campaign account details: Bank name, account number, and registration confirmation.
• Receipts and debts: All amounts received or owed over $1,000, including the name and address of the donor or creditor.
• Donations: Source, amount, purpose, and confirmation that the donor is not a foreign entity.
• Political expenditure: Evidence of campaign-related spending.
• Annual and election returns: Lodged within statutory timeframes.

If the donor or creditor is an association, trust, foundation, or body corporate, the return must also include:

• Names of executive committee or board members.
• Parent, subsidiary, or related entities.
• These details can be omitted if they are publicly available and the return includes a reference and website link to the publication.

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Record retention requirements

Agents must keep any document that contains information included (or required to be included) in a return for at least 4 years from the date of the relevant election (section 130ZZA).

Donation and loan recordkeeping

• Donations: Record the name and address of donors for any donations of $200 or more (section 130ZJ).
• Loans: Record the terms and lender details for loans of $500 or more, unless from a financial institution.

Financial institutions include ADIs (banks, credit unions, building societies) or other bodies prescribed by regulation.

What counts as a loan

Includes advances, credit, financial accommodation, or any transaction that effectively results in a loan, including credit card transactions.

Additional entity details

If a donation or loan comes from a trust, foundation, board, or association, record the names of all trustees or governing members.

Disclosure threshold

• Donations or loans over $1,000 (indexed) must be disclosed in a return.
• You must still maintain the required records, even if disclosure is not required.

Responding to evidence requests

The Electoral Commissioner may require a person to produce documents or appear to give evidence; non-compliance or the provision of false information attracts a penalty of up to $10,000 (section 130ZZB).

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Register of agents