Failure to vote

Voting in a South Australian parliamentary election is compulsory, and the Electoral Commission of South Australia (ECSA) is required by law to contact you if it appears that you did not vote. There are many valid reasons why people are unable to cast a vote in a compulsory election, therefore at any stage that a valid and sufficient reason for not voting is accepted by ECSA, the ‘failure to vote’ or ‘non-voter’ process will stop.

 

Apparent failure to vote response

TIP: Your Apparent Failure to Vote notice response needs to be witnessed by a person over the age of 18 years old and received by ECSA by the due date on the notice.
Respond via iApply

 

Overview of the non-voter process

If our records indicate you may not have voted, the Electoral Commission may contact you with up to three notices under section 85 of the Electoral Act 1985 and the Expiation of Offences Act 1996 to help clarify your voting status. If you do not respond or resolve the matter, your case is referred to the Fines Enforcement and Recovery Unit (FERU).

Content

  1. Apparent failure to vote notice (First notice) by ECSA
  2. Expiation notice - $115 (Second notice) by ECSA
  3. Expiation reminder notice - $190 (Third notice) by ECSA
  4. Fine referral to FERU

TIP: If ECSA receives and accepts a valid and sufficient explanation at any stage, the non-voter process will stop.

 

Apparent failure to vote notice (First notice) 

When it is sent:

The first ‘apparent failure to vote’ notice, or letter, is sent to an elector within 90 days after a parliamentary election, to the address on the electoral roll at the close of rolls.

What you must do:

If you receive a notice, complete as per the letter’s instructions, either via:

  1. our iApply online service (easiest and quickest option)
  2. completing the printed notice that has been posted to you, then returning by reply-paid post or scanning and emailing This email address is being protected from spambots. You need JavaScript enabled to view it., or
  3. downloading the PDF, completing details and emailing This email address is being protected from spambots. You need JavaScript enabled to view it.
    1. PDF form
    2. Statutory Declaration Form  (Witnessing Statuary Declarations Online)

 

TIP: The Apparent Failure to Vote notice response needs to be witnessed by a person over the age of 18 years old and received by ECSA by the due date on the notice.

 

Expiation notice - $115 (Second notice) 

You will receive this notice if you:

  • Did not respond to the first notice, or
  • Did not provide a valid and sufficient reason to ECSA.

Fee breakdown:

  • $10 expiation fee
  • $105 Victims of Crime Levy*

Your options:

  • Complete the Statutory Declaration advising your valid reason for not voting and email back to This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Pay the fine
  • Enter a payment arrangement
  • Elect to be prosecuted (matters are dealt with in court)
  • Apply for a review of the expiation notice.

TIP: If ECSA receives and accepts a valid and sufficient explanation at any stage, the non-voter process will stop.

 

Expiation reminder notice - $190 (Third notice) 

If you fail to respond to the first 2 notices, you will receive a reminder notice.

Includes:

  • Original fine
  • $75 reminder fee

Your options:

 

TIP: If ECSA receives and accepts a valid and sufficient explanation at any stage, the non-voter process will stop.

Referral to the Fines Enforcement and Recovery Unit (FERU)

If, after 3 notices from ECSA, you still:

  • Have not paid the fine, and
  • Have not provided a valid reason

... the matter will be referred to the Fines Enforcement and Recovery Unit (FERU).

FERU may apply additional penalties and enforcement measures including:

  • Driver's licence suspension
  • Salary or bank account deductions
  • Clamping or impounding vehicles
  • Seizing and selling assets.

For more information regarding their own process, please contact the Fines Enforcement and Recovery Unit on 1800 659 538 or visit Fines SA.

 

How to pay your fine (before enforcement)

Your expiation notice outlines the options available to you. You can choose to pay the fine in full or, if needed, arrange a payment plan through FERU. To access either option, you will need the unique reference number provided on your expiation notice.

Once a fine has progressed to enforcement with FERU, they cannot review or cancel the fine itself. If you were unaware of the fine, contact FERU. They may pause enforcement and refer you back to ECSA. If appropriate, the fine may be reissued so you can respond through the normal process.

Important Information:

  1. If you have misplaced your notice, contact ECSA.
  2. Not responding to a notice is an offence.
  3. Reasons cannot be accepted or rejected over the phone.
  4. ECSA will not process payments. All payments are to be completed via the FERU payment gateway.
  5. If your reason is accepted by ECSA, no further action is required.

Additional Information

*The Fines Enforcement and Recovery Unit (FERU) ‘Victims of Crime Levy’ is a mandatory financial charge added to court penalties and expiation notices (fines) in South Australia. Proceeds are paid into a dedicated government fund used to provide financial compensation and support services to eligible victims of crime.

 

Contact

Email:

This email address is being protected from spambots. You need JavaScript enabled to view it.

Postal:

Reply Paid 2072
GPO Box 2072
Adelaide SA 5001
(No stamp required)