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Election day in South Australia: Your questions answered

Do you know your rights and responsibilities when it comes to voting in South Australia?

On Tuesday 17 February, Legal Services joined ABC Radio Adelaide’s Drive to answer questions about voter obligations ahead of the next state election on 21 March. To hear the full conversation, visit ABC Drive and listen to the program from 00:27:04.

Read the Frequently Asked Questions below to learn more about the key legal duties of South Australian voters, including enrolment rules, removal from the electoral roll, and what to expect if you don’t vote.

Who can enrol to vote in South Australia?

To enrol to vote in a state election, you must be at least 18 years old, an Australian citizen, have lived at your current address for at least one month, and be of ‘sound mind’, or able to understand the nature and effect of voting. People aged 16 or 17 may provisionally enrol if they wish, which will ensure that they are added to the roll automatically when they turn 18.

Can someone be removed from the electoral roll?

Yes. A person may be removed from the electoral roll if they are no longer eligible for enrolment. A common example is where a person has lost legal capacity (for example, due to advanced dementia). Their name may be removed from the electoral roll if medical evidence shows that they are no longer of sound mind. 

Is voting compulsory in South Australia?

Yes. If you are enrolled, you are legally required to vote in all state and federal general elections. This means that you must attend a polling booth or otherwise have your name marked off and receive ballot papers.

It is not compulsory to vote in First Nations Voice to Parliament elections or in local government (council) elections. 

Is casting a blank or informal vote an offence?

No. You are not required to mark the ballot papers in any particular way, or at all. If you do not fill out the ballot papers correctly, your vote will be informal. This means that it will not be counted or included in the election results. However, this does not breach compulsory voting laws.

What happens if I do not vote?

If you appear not to have voted, the Electoral Commission will send you a written notice asking for an explanation. You must respond, as failing to do so is also an offence.

The Electoral Commission may accept your explanation and take no further action. If your explanation is not accepted, or if you ignore the notice, you may receive an expiation notice requiring you to pay a fine. 

You may choose to pay the fine, arrange a payment plan, or choose to have the matter dealt with in court (which may result in additional costs). If you ignore the expiation notice, the amount you owe may increase, and the matter can escalate to further legal enforcement action. 

What is considered a valid excuse for not voting?

A valid reason for not voting may include being involved in an accident, a medical emergency, overseas travel, or other circumstances that genuinely prevented you from attending a polling place. The Electoral Commission is more likely to accept your excuse if you can provide a medical certificate or other supporting evidence.

Are postal votes available in South Australia?

Yes. Postal voting is available if you are unwell, live with disability, live far from a polling booth, are due to give birth around election day, are caring for someone who cannot be left unattended, or are temporarily overseas or travelling.  

What are my voter obligations if I am overseas?

Travelling abroad at the time of a state election will usually be accepted as a valid reason for not voting. To learn more about your options if you will be overseas for an election, visit the AEC website.

Do people in prison have to vote?

Yes. In South Australia, voting is compulsory for all Australian citizens enrolled to vote, including people in prison on remand or serving a sentence. Incarcerated people usually remain enrolled at their most recent residential address, unless other arrangements are made. Voting facilities are generally provided in correctional institutions.

What about people with no fixed address?

People without a fixed address (known as itinerant electors) may enrol and are generally still required to vote.

They will usually be enrolled in the electorate they were most recently entitled to vote in, or the electorate of their next of kin, or the electorate with which they have the closest connection. The Electoral Commission will accept the fact that a person is itinerant as a valid reason for not voting at a state election. 

 
To learn more about elections in South Australia, read the Law Handbook page on state elections. 

To check your enrolment status, update your details, apply for a postal vote, or for any other queries, visit the Electoral Commission South Australia website.