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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Electronically Assisted Voting and Other
Matters) Amendment Bill 2014
A BILL FOR
An Act to amend the Electoral
Act 1985; and to make related amendments to the City
of Adelaide Act 1998, the Juries
Act 1927, the Local
Government Act 1999 and the Local
Government (Elections) Act 1999.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Electoral
Act 1985
4Amendment of
section 4—Interpretation
5Amendment of section
12—Staff
6Amendment of section
29—Entitlement to enrolment
7Amendment of section 32—Making of
claim for enrolment or transfer of enrolment
8Amendment of
section 52—Qualifications of candidate
9Amendment of
section 69—Entitlement to vote
10Amendment of section
71—Manner of voting
11Amendment of section 74—Issue of
declaration voting papers by post or other means
12Amendment of section
80A—Voting near polling booth in certain circumstances
13Insertion of section
80B
80BPolling booths to be
accessible to persons with disability
14Insertion of
Part 9 Division 5A
Division
5A—Electronically assisted voting for sight-impaired
electors
84BElectronically
assisted voting for sight-impaired electors
15Amendment of section
85—Compulsory voting
16Amendment of section 115—Limitations on
display of electoral advertisements
17Insertion of section
138A
138ADisability
Promotion Fund
Part 1—Related
amendment to City of Adelaide Act 1998
1Amendment of Schedule
1—Special provisions for elections and polls
Part 2—Related
amendment to Juries Act 1927
2Amendment of
section 11—Qualification of jurors
Part 3—Related
amendment to Local Government Act 1999
3Amendment of section
226—Moveable signs
Part 4—Related
amendment to Local Government (Elections) Act 1999
4Amendment of
section 4—Preliminary
5Amendment of
section 14—Qualifications for enrolment
6Amendment of
section 16—Entitlement to vote
7Amendment of section
17—Entitlement to stand for election
8Amendment of
section 29—Ballot papers
9Amendment of section 41—Voter
may be assisted in certain circumstances
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Electronically Assisted Voting
and Other Matters) Amendment Act 2014.
(1) Subject to
subsection (2), this
Act will come into operation on the day of assent.
(2)
Section 14 will come
into operation 6 months after the day of assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
4—Amendment
of section 4—Interpretation
Section 4(1), definition of elector—delete
"18 years" and substitute:
16 years
5—Amendment
of section 12—Staff
Section 12—after subsection (2) insert:
(3) The Electoral Commissioner must ensure that an officer is assigned
duties related to the provision of assistance, education and information with
respect to electoral matters to persons with a disability.
6—Amendment
of section 29—Entitlement to enrolment
(1) Section 29(1)(a)(i)—delete "18 years" and
substitute:
16 years
(2) Section 29(2)(a)(i)—delete "16 years" and
substitute:
15 years
(3) Section 29(2)(a)(ii)—delete "18 years" and
substitute:
16 years
7—Amendment
of section 32—Making of claim for enrolment or transfer of
enrolment
Section 32(2)—delete "is entitled to be enrolled in accordance with
section 29(2) or 31A" and substitute:
is under 18 years of age or who is entitled to be enrolled in
accordance with section 31A
8—Amendment
of section 52—Qualifications of candidate
Section 52(1)—after "elector" insert:
and is of or above 18 years of age
9—Amendment
of section 69—Entitlement to vote
Section 69(2)(b)—delete "18 years" and
substitute:
16 years
10—Amendment
of section 71—Manner of voting
(1) Section 71(2)(b)(iii)—delete ", infirmity or disability" and
substitute:
or infirmity
(2) Section 71(2)—after paragraph (b) insert:
(baa) who has a disability such that it would not be reasonably
practicable for the elector to vote at a polling booth; or
11—Amendment
of section 74—Issue of declaration voting papers by post or other
means
(1) Section 74(3)(b)(i)—delete subparagraph (i)
(2) Section 74(3)—after paragraph (b) insert:
(ba) because of a disability, it is not reasonably practicable for the
elector to attend at a polling booth to vote; or
12—Amendment
of section 80A—Voting near polling booth in certain
circumstances
Section 80A(1)—delete " the voter is unable (because of illness,
disability, advanced pregnancy or other condition) to enter the polling booth to
vote, the presiding officer may allow the voter to vote at or near the polling
place outside of the polling booth." and substitute:
—
(a) because of illness, advanced pregnancy or other condition, the voter
is unable to enter the polling booth to vote; or
(b) because of a disability, it is not reasonably practicable for the
voter to enter the polling booth to vote,
the presiding officer may allow the voter to vote at or near the polling
place outside of the polling booth.
After section 80A insert:
80B—Polling booths to be accessible to persons with
disability
The Electoral Commissioner must ensure that each polling booth is
accessible on polling day to persons with a disability.
14—Insertion
of Part 9 Division 5A
After Part 9 Division 5 insert:
Division 5A—Electronically assisted voting for
sight-impaired electors
84B—Electronically assisted voting for
sight-impaired electors
(1) The Electoral
Commissioner must, in accordance with the regulations, ensure that
sight-impaired electors may vote by an electronically assisted voting method at
an election held under this Act.
(2) In connection with
subsection (1), the
regulations may provide for—
(a) matters related to—
(i) the establishment of the electronically assisted voting method;
and
(ii) procedures for voting using the electronically assisted voting
method, including the provision of assistance to electors using the method,
requirements to be followed after an elector has used the method and matters of
privacy and secrecy; and
(iii) the number of places where the electronically assisted voting method
is to be available, the location of those places and the days and hours at which
the method is to be available; and
(b) the keeping of records in relation to each vote made using the
electronically assisted voting method, including the production of a record of
each such vote that does not identify the elector; and
(c) the appointment by the Electoral Commissioner of officers in relation
to the conduct of the electronically assisted voting method; and
(d) the period (before polling day and on polling day) during which the
electronically assisted voting method is to be used in relation to an election;
and
(e) the modification of
the application of this Act, or provisions of this Act, in relation to votes
cast using the electronically assisted voting method; and
(f) other matters related to the use of the electronically assisted voting
method.
(3) The electronically assisted voting method must be such that an elector
using the method in relation to an election—
(a) receives the same information (in the same order), and has the same
voting options, as would appear in the ballot paper for the election that the
elector would be given if he or she were instead voting at a polling booth under
this Part; and
(b) is able to indicate his or her vote in a way that, if he or she were
instead marking a ballot paper, would satisfy the requirements of
section 76.
(4) Subject to this Division, if an elector votes using the electronically
assisted voting method (an electronically assisted
vote)—
(a) this Act applies (subject to any modifications prescribed under
subsection (2)(e))
in relation to an electronically assisted vote as if it were an ordinary vote
made before polling day; and
(b) the record of the electronically assisted vote produced in accordance
with the regulations is to be taken to be a ballot paper for the purposes of
this Act; and
(c) the requirements of this Act in relation to the elector's right to
receive a ballot paper are to be taken to have been satisfied.
(5) To avoid doubt, nothing in this Division (or in regulations made for
the purposes of this Division) authorises any elector to vote more than once at
an election.
(6) In this section—
sight-impaired elector means an elector whose sight is
impaired such that he or she is unable to vote without assistance.
15—Amendment
of section 85—Compulsory voting
(1) Section 85(1)—after "elector" (first occurring)
insert:
who is of or above 18 years of age
(2) Section 85(3)—after "elector" (first occurring)
insert:
who is of or above 18 years of age and
(3) Section 85(7)—after "elector" insert:
who is of or above 18 years of age
16—Amendment
of section 115—Limitations on display of electoral
advertisements
(1) Section 115—after subsection (2) insert:
(2a) A person must not exhibit an electoral advertisement on a public road
or in any other public place.
Maximum penalty: $5 000.
(2) Section 115—after subsection (3) insert:
(4) In this section—
public place has the same meaning as in the Local
Government Act 1999;
public road has the same meaning as in the Local
Government Act 1999.
After section 138 insert:
138A—Disability Promotion Fund
(1) The Disability Promotion Fund is established.
(2) The Fund is to be kept by the Electoral Commissioner.
(3) The Fund consists of any money to be provided by Parliament for the
purposes of the Fund and interest and accretions arising from investment of the
Fund.
(4) The Fund may be applied by the Electoral Commissioner, in accordance
with the regulations, to provide financial assistance for persons with a
disability to stand as candidates in elections (whether held under this Act or
any other Act or law).
Part 1—Related amendment to City of
Adelaide Act 1998
1—Amendment
of Schedule 1—Special provisions for elections and
polls
(1) Schedule 1, clause 2(1)(a)—delete "majority" and
substitute:
16
(2) Schedule 1, clause 2(1)(c)(iii)—delete "majority" and
substitute:
16
(3) Schedule 1, clause 4(2)(b)—delete "majority" and
substitute:
16
(4) Schedule 1, clause 4(5)—delete "majority" and
substitute:
16
(5) Schedule 1, clause 5(1)(b)(i)—after "area" insert:
and is of or above 18 years of age
Part 2—Related amendment to Juries
Act 1927
2—Amendment
of section 11—Qualification of jurors
Section 11(b)—delete paragraph (b) and
substitute:
(b) who is not less than 18 years of age and not more than
70 years of age,
Part 3—Related amendment to Local
Government Act 1999
3—Amendment
of section 226—Moveable signs
Section 226(3)(c)—delete "State or"
Part 4—Related amendment to Local
Government (Elections) Act 1999
4—Amendment
of section 4—Preliminary
Section 4(1), definition of designated
person—delete "majority" and substitute:
16
5—Amendment
of section 14—Qualifications for enrolment
(1) Section 14(1)(ab)—delete "majority" and
substitute:
16
(2) Section 14(1)(c)(iii)—delete "majority" and
substitute:
16
6—Amendment
of section 16—Entitlement to vote
Section 16(1a)(b)—delete "majority" and substitute:
16
7—Amendment
of section 17—Entitlement to stand for election
Section 17(1)—after paragraph (b) insert:
and
(c) the person is of or above 18 years of age.
8—Amendment
of section 29—Ballot papers
Section 29(3)—delete "majority" and substitute:
16
9—Amendment
of section 41—Voter may be assisted in certain
circumstances
Section 41(1)—delete "majority" and substitute:
16