Parties and Candidates

 

Electoral material

In this guidance, electoral advertising refers to electoral material as defined in the Local Government (Elections) Act. Restrictions apply to the publication and display of electoral material during South Australian local government elections. These requirements are set out in Part 7 of the Local Government (Elections) Act 1999 and section 226 of the Local Government Act 1999.

Legal disclaimer
The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you are unsure about your obligations, you should seek independent legal guidance.

What is electoral material?

Electoral material includes any advertisement, notice, statement or representation intended to influence voting in a local government election. It covers material published:

  • in print
  • online or on social media
  • in newspapers
  • on radio or television
  • or by any other means.

This applies to any person who authors, publishes or distributes electoral material intended to influence voting.

Publishing electoral material

Authorisation requirements

Electoral material must clearly show who authorised it.

Mandatory authorisation details

All electoral material must include:

  • the name and address of the person who authorised the material.
  • for printed material, the name and physical address of the printer or producer. If they do not have a physical address, include their email address or website instead.

Online material

Online electoral material must include an authorisation unless the authoriser’s details are immediately accessible (for example, in the 'About' section of a social media page).

Comments and replies do not need separate authorisation if the page already displays a compliant authorisation.

Newspapers

Printer details are not required if the newspaper has been published at least monthly for the past 6 months.

Letters to the editor

Letters to the editor containing electoral material must include the writer’s name and physical address (not a post box).

Maximum penalty: $2,500

Responsibility for online platforms

Where electoral material is published online by someone other than the site owner or platform controller:

  • the platform owner is not taken to have published the material unless they authorised the publication, directly or indirectly.

Misleading electoral material

Electoral material must not contain statements presented as facts that are inaccurate and misleading to a material extent.

This rule does not apply to opinions, slogans or value judgments.

A person who authorised, caused or permitted misleading factual material may commit an offence.

Maximum penalty: $5,000

Commissioner powers

If the Electoral Commissioner determines material is misleading, they may request the publisher to:

  • withdraw the material, and/or
  • publish a retraction.

The Supreme Court may also order withdrawal or retraction.

Website or page owners are not responsible for misleading content posted by others unless they authorised it.

Moveable signs and electoral posters

Definitions

  • Local electoral poster — a poster, notice or sign displaying electoral material relating to a local government election.
  • Moveable sign — a sign not permanently fixed to land or a structure, including:
    • A‑frame signs
    • temporary advertising boards
    • election signs (including corflutes)
    • portable banners or posters.

Moveable signs

A moveable sign may be placed on a public road only if it complies with council by‑laws and does not unreasonably restrict the use of the road or endanger public safety.

Council officers may direct the removal of a moveable sign that:

  • does not comply with council by‑laws, or
  • obstructs the road or creates a safety risk.

If the owner cannot be located, or does not remove the sign when directed, the officer may remove and dispose of it.

Local electoral posters

Local electoral posters must not be displayed on public roads or road‑related areas, including structures, fixtures or vegetation.

Maximum penalty: $5,000

Exceptions

A local electoral poster may be displayed only if it is:

  • hand‑held by a person, or
  • displayed at or near a designated event, not attached to any structure, and for no more than 6 hours, or
  • permitted by regulation

Councils cannot approve electoral posters outside these statutory exceptions.

Council officers may remove local electoral posters displayed on roads or road‑related areas in breach of the legislation.

Publication of candidate profiles

Candidate profiles must be published online within 14 days after nominations close.

Candidate profiles and photographs are published on the ECSA website and are provided to electors with ballot papers.

On this page

Overview

Part 12 of the Local Government (Elections) Act 1999 sets out a range of illegal practices that are prohibited in South Australian council elections. These rules protect free, fair and transparent participation, and apply to candidates, campaign workers and any other person involved in an election.

Engaging in an illegal practice is a serious offence and may result in fines, imprisonment or disqualification from office.

Acts and regulations

Council elections are governed by the following legislation:

These should be read together with the Local Government Act 1999 and the City of Adelaide Act 1998.

What is an illegal practice?

An illegal practice is conduct that unlawfully interferes with the proper conduct of an election or the rights of voters. Part 12 covers behaviour that:

  • pressures or influences voters inappropriately
  • interferes with voting processes or ballot papers
  • involves dishonesty or deception
  • undermines the integrity or fairness of the election.

The Act sets out specific offences and the penalties that apply.

Examples of illegal practices

Part 12 includes offences such as:

  • Bribery: Offering, giving or receiving money, gifts or other benefits to influence how a person votes or whether they stand as a candidate.
  • Intimidation or undue influence: Threatening, coercing or pressuring a person to vote, not vote, or vote in a particular way.
  • Interference with voting processes: Tampering with ballot papers, ballot boxes, voting materials or postal voting processes, or obstructing voters at a polling place.
  • Dishonest conduct: Making false statements about a candidate’s personal character or conduct, or knowingly spreading misleading information to affect the result of an election.
  • Impersonation and fraudulent voting: Voting in another person’s name, applying for a ballot paper using false details, or assisting another person to do so.
  • Improper use of postal voting or enrolment: Misusing postal voting applications, enrolment forms or other electoral documents to gain an unfair advantage.

This list is not exhaustive. The Act contains detailed provisions and definitions for each offence.

Consequences and penalties

Illegal practices under Part 12 may result in:

  • Fines: Monetary penalties set out in the Act.
  • Imprisonment: For more serious offences.
  • Disqualification: A person may be disqualified from being elected or from holding office as a member of a council.
  • Invalidation of an election: In some circumstances, serious illegal practices may lead to an election result being challenged.

Candidates and others involved in campaigns should be aware that ignorance of the law is not a defence.

Candidate responsibilities

Candidates are responsible for ensuring that:

  • they do not engage in illegal practices
  • their campaign workers and volunteers understand and comply with the law
  • their campaign activities are honest, lawful and respectful of voters’ rights.

This includes:

  • avoiding any form of bribery or undue influence
  • ensuring campaign messaging does not involve false statements about other candidates
  • respecting the secrecy and integrity of the ballot.

Complying with these obligations helps maintain public confidence in council elections.

Reporting concerns

If you believe an illegal practice may have occurred:

  • you can raise your concerns with the Electoral Commission of South Australia (ECSA)
  • in some cases, matters may be referred to the courts or other relevant authorities.

ECSA cannot provide legal advice. If you are unsure how the law applies to your situation, you should seek independent legal guidance.

Related information

Local Government Council Elections – Update

The next periodic local government council elections will now be held in April 2027 (previously scheduled for November 2026).

On this page

Overview

Candidates in South Australian council elections must comply with disclosure requirements for campaign donations and gifts. These rules promote transparency about who supports candidates and how campaigns are funded. Requirements are set out in Part 14 of the Local Government (Elections) Act 1999, associated regulations and mirrored in Schedule 1 Part 8 of the City of Adelaide Act 1998. City of Adelaide candidates must also lodge a campaign expenditure return under Schedule 1 clause 25.

Acts and regulations

Council elections are governed by the following legislation:

These should be read together with the Local Government Act 1999 and the City of Adelaide Act 1998.

Key definitions

Gift: Anything of value given to support a candidate’s campaign (money, goods, services or other benefits). Multiple gifts from the same person during the disclosure period are treated as one gift.

Private gift: A personal gift received in a private capacity and not used for the campaign. Private gifts do not need to be disclosed.

Donor identification: Candidates must record donor details according to donor type:

  • Unincorporated association: association name; names and addresses of executive committee members.
  • Trust fund or foundation: names and addresses of trustees; name/description of the trust or foundation.
  • Individual: name and residential address.
    (These rules apply to all return types.)

Types of returns

All candidates must lodge:

  • Special returns — gifts of $500 or more received during the special disclosure period.
  • Ordinary returns — all disclosable gifts received during the disclosure period.
City of Adelaide candidates must also lodge:
  • Campaign expenditure returns (Schedule 1 clause 25 — City of Adelaide Act 1998).

Return comparison

The table below summarises the return types, legislative basis and lodgement timeframes.

Return type Applies to Legislative basis What must be disclosed When to lodge
Special return All candidates s 81 — Local Government (Elections) Act 1999 (repeated in Schedule 1 clause 24 — City of Adelaide Act 1998) Gifts of $500 or more received during the special disclosure period Within 5 days of announcing candidacy or receiving the gift
Ordinary return All candidates s 81A — Local Government (Elections) Act 1999 (repeated in Schedule 1 clause 24A — City of Adelaide Act 1998) All disclosable gifts received during the ordinary disclosure period Within 7 days after the end of the disclosure period
Campaign expenditure return City of Adelaide candidates only Schedule 1 clause 25 — City of Adelaide Act 1998 Total campaign expenditure for the election As required under the Act (after polling day)

Special return

A candidate must lodge a special return if they receive a gift with a value of $500 or more during the special disclosure period.

The purpose of the special return is to provide prompt public disclosure of significant gifts received by candidates during an election campaign.

A special return is not required for:

  • private gifts
  • gifts valued at less than $500.

The special return must include:

  • the value of the gift
  • the date the gift was received 
  • the name and address of the donor
  • any other information required to identify the donor of the gift.

When to lodge a special return

A special return must be lodged within 5 days of:

  • announcing candidacy, if the gift was received during the special disclosure period before the announcement; or
  • receiving the gift, if the gift is received after candidacy has been announced.

Special disclosure period

The special disclosure period:

  • begins 4 months before a person announces their candidacy or lodges their nomination, whichever occurs first; and
  • ends on polling day.
Important

Candidates should keep records of all gifts received during the special disclosure period to ensure any required return can be completed accurately and lodged on time.

Ordinary return

An ordinary return is used to report all disclosable gifts received during the disclosure period.

Candidates must lodge an ordinary return whether they have received disclosable gifts or not. If no disclosable gifts were received during the disclosure period, a nil return must be lodged.

A disclosable gift is generally a gift valued at $500 or more.

The ordinary return must include:

  • the total value of all disclosable gifts received during the disclosure period
  • the number of donors
  • details of each disclosable gift, including its value and the date it was received
  • the name and address of each donor
  • any other information required to identify the donor and the gift

Not required to be included:

  • private gifts
  • gifts valued at less than $500

When to lodge an ordinary return

An ordinary return must be lodged within 7 days after the end of the disclosure period.

Disclosure period

The disclosure period:

  • begins 4 months before a person announces their candidacy or lodges their nomination, whichever occurs first; and
  • ends 21 days after polling day.
Important

Candidates should keep records of all gifts received during the disclosure period to ensure any required return can be completed accurately and lodged on time.

Campaign expenditure return (City of Adelaide only)

Candidates for the City of Adelaide must lodge a campaign expenditure return to disclose campaign expenditure incurred by the candidate or incurred by another person with the candidate's authority.

The return promotes transparency by reporting spending connected with the candidate's election campaign.

Campaign expenditure includes spending on:

  • broadcast, published or displayed electoral advertising
  • the production of advertising or printed electoral material
  • consultants or advertising agents
  • opinion polling or research
  • targeted electoral material
  • any other prescribed campaign expenditure

The return must include:

  • the total amount of campaign expenditure incurred
  • details of each expenditure item
  • any other information required to identify the nature and purpose of the expenditure

Nil returns

A nil return may be lodged if:

  • total campaign expenditure was $500 or less; or
  • no campaign expenditure was incurred.
Important

Candidates should keep invoices, receipts, contracts and other records relating to campaign expenditure to ensure their return can be completed accurately and lodged on time.

Shared campaign arrangements

Candidates who enter into a campaign arrangement or understanding with one or more other candidates must notify the returning officer within 1 business day of entering into the arrangement. This requirement applies where candidates agree to:

  • jointly incur expenditure on electoral material relating to the election; or
  • keep gifts of money received for the election in the same account.

The notice must include:

  • the names of all candidates involved in the arrangement or understanding
  • the election to which the arrangement relates
  • whether the arrangement involves joint expenditure, a shared campaign account, or both
  • a brief description of the arrangement or understanding.

All candidates who are party to the arrangement must declare that the information provided is true and correct and complies with the requirements of the applicable legislation.

Publication of notices

The returning officer will publish notices of campaign arrangements or understandings on a website in accordance with the legislative requirements for council elections. Published notices remain available until 30 days after polling day. 

Important

Candidates should notify the returning officer as soon as an arrangement is made. Failure to lodge the notice within 1 business day may constitute a breach of the applicable electoral legislation. 

Prohibited gifts

Candidates, council members or persons acting for a candidate must not receive a gift of $500 or more unless the donor’s true name and address are known.

If a prohibited gift is received, an amount equal to its full value must be paid to the Crown.

Completing and amending returns

Inability to complete: lodge the return with available information and provide written notice explaining missing details.
Amendments: written, signed request to the returning officer. Amendments do not remove liability for offences relating to the original return.

Offences and compliance

Offences: failing to lodge returns on time; knowingly false or misleading returns; providing false information.
Maximum penalty: $10,000.

Failure to comply: returning officer must notify the person; if a council member, the CEO must also be notified after 1 month. Non‑compliance does not invalidate the election.

Public access to information

Returning officers must keep copies of returns and publish:

  • special returns within 5 days.
  • ordinary returns within 8 weeks.

Returns remain available for 4 years.

Restrictions apply to publishing or commenting on return information unless fair, accurate and in the public interest. 

Maximum penalty: $10,000

Record‑keeping

  • Candidates must keep all records needed to complete returns and retain them for 4 years.
  • Regulations may set valuation principles for non‑monetary gifts.
  • Related bodies corporate are treated as one person.
  • Acts of a campaign committee are taken to be acts of the candidate.

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On this page

Overview

Administrative funding (formerly known as special assistance funding) is a form of public funding provided under Division 5 of the Electoral Act 1985 (the Act). It is paid as a half-yearly entitlement to eligible registered political parties and independent members of parliament to assist with the reimbursement of administrative expenditure.

Before the amendments introduced by the Electoral (Accountability and Integrity) Amendment Act 2024, public funding provided under Division 5 of the Electoral Act was known as special assistance funding. 

👉 View historical special assistance funding.

For detailed instructions and legislative references, see the Administrative Funding Guide (PDF, 241KB).

Purpose

Registered political parties and independent members of parliament may be eligible to receive administrative funding. This funding is to cover administrative expenses, including:

  • Administration, operation or management of the activities of the party or member.
  • Communication with members of the party on administrative, operational or management matters.
  • Conferences, seminars, and meetings at which policies are discussed or formulated.
  • Complying with the Act and auditing of financial accounts.
  • Expenditure and remuneration of staff.
  • Training of staff and volunteers.
  • Equipment or vehicles whilst engaged in the matters referred to above.
  • Office accommodation for staff and equipment.
  • Expenditure on interest payments on loans.

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Eligibility

Registered political parties

To be eligible for administrative funding, a registered political party must:

  • Have at least one member in the South Australian Parliament (House of Assembly or Legislative Council) during the period.
  • Be registered on the polling day of the most recent general election.
  • Remain registered for the entire funding period.

Special rule for 2025

Despite section 130 U(1)(b)(ii) of the Act, a registered political party will still be considered eligible for the July—December 2025 half-year period if:

  • it was registered on or before 1 August 2025, and
  • It stayed registered until 31 December 2025.

Independent members of parliament

Independent members of parliament are also eligible for administrative funding.

Who is not eligible

  • Parties with no members in either the House of Assembly or Legislative Council.

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Use of funds

  • Administrative funding must not be paid into a state campaign account.
  • Administrative funding must not be used for political or electoral expenditure.
  • Two or more registered political parties cannot rely on the same person for entitlement to, or payment of, administrative funding.

How to apply

  1. Complete the administrative expenditure funding application form within 30 days of the end of the period.
  2. Return the completed form by email to This email address is being protected from spambots. You need JavaScript enabled to view it.

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Funding amounts

Payments are made twice a year (half-yearly) and are indexed annually in line with the Consumer Price Index (CPI).

Payment structure
Recipient type Elected members Funding amount (half-yearly)
Registered political party 1 member $85,000
Registered political party 2 members $245,000
Registered political party Each additional member (beyond 2) $55,000 (capped)
Registered political party Maximum funding $800,000
Independent member of parliament 1 member $20,000

View administrative funding payments by period

👉 Half-yearly payments made to eligible parties and independent members

One-off payment

The one‑off payment provides reimbursement for eligible administrative costs incurred as a result of funding and disclosure reforms. It is designed to recognise the additional administrative burden placed on registered political parties and independent members of parliament who are eligible for administrative funding.

Purpose

  • Reimburses one-off costs associated with meeting funding and disclosure obligations.
  • Supports parties and independent members facing additional administrative requirements created by recent reforms.

Availability

  • Available from 1 July 2025 to 3 August 2026.

How to claim

  • Paid on receipt of a one-off administrative funding claim form.

Funding limit

  • Registered political parties: up to $200,000.
  • Independent members of parliament: up to $50,000.

A cost already claimed under administrative funding cannot be claimed again as part of this one-off payment.

View one-off administrative funding payments made

👉 One-off administrative funding payments

Repayment of funds

The Electoral Commissioner may require repayment of unspent administrative funding in the following circumstances:

  • Did not contest the election.
  • Ceases to operate, becomes unregistered, or a seat becomes vacant.
  • Changes status, such as:
    • A non-party member joining a registered political party.
    • Standing in an election for a registered political party.
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