ELECTORAL (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No.1. Clause 4, page 3, after line 10—After the present contents of clause 4 (now to be designated as subclause (1)) insert:

Section 4(1), definition of how-to-vote card—delete the definition and substitute:

how-to-vote card means a card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter, and includes a split how-to-vote card (within the meaning of section 66A);

No.2. Clause 5, page 3, line 15 [clause 5(2), inserted subsection (6a)]—Delete 'of 5 years' and substitute:

expiring 1 year after polling day of the general election second occurring after the person's appointment under this section

No.3. Clause 5, page 3, lines 18 to 20 [clause 5(2), inserted subsection (6b)]—Delete subsection (6b)

No.4. New clause, page 6, after line 29—Insert:

13A—Amendment of section 47—Issue of writ

Section 47—after subsection (2) insert:

(2a) In the case of a general election for the House of Assembly, the writ or writs for the elections in all House of Assembly districts must be issued 35 days before the date fixed for the polling in each district under section 48.

No.5. New clauses, page 6, after line 37—Insert:

14A—Amendment of section 66—Preparation of certain electoral material

Section 66(2)(d)—delete paragraph (d) and substitute:

(d) in the case of how-to-vote cards, must—

(i) be received by the Electoral Commissioner not later than 4 days after the day for nomination; and

(ii) comply with the requirements set out in section 66A(5) (as those requirements apply to how-to-vote cards submitted by a candidate); and

(iii) not otherwise be a card that the Electoral Commissioner must refuse to register if it were being submitted for registration under section 66A; and

14B—Insertion of section 66A

After section 66 insert:

66A—Registration of how-to-vote cards

(1) Subject to this section, any person may, within the prescribed period, submit a how-to-vote card to the Electoral Commissioner for registration under this section.

(2) A person submitting a how-to-vote card under subsection (1) must, at the time of submitting the how-to-vote card, provide—

(a) the prescribed number of copies of the how-to-vote card; and

(b) an electronic version of the how-to-vote card, in a form and format prescribed by regulation.

(3) The following provisions apply to the submission of a how-to-vote card for registration by a person, other than a how-to-vote card submitted by or on behalf of a candidate:

(a) the person must make a declaration in the prescribed form;

(b) the person must provide a copy of the written consent of the candidate to whom the card indicates the first preference should be given;

(c) the person must provide the Electoral Commissioner with any prescribed material.

(4) The Electoral Commissioner must, as soon as is reasonably practicable after a how-to-vote card is submitted under subsection (1), and in any event by no later than 5 p.m. on the day on which the prescribed period ends, register the how-to-vote card unless the Electoral Commissioner is satisfied that—

(a) the how-to-vote card does not comply with the requirements in—

(i) section 66(2) (other than the requirement in section 66(2)(d)(i)); and

(ii) subsection (5); or

(b) the how-to-vote card is a card that may not be submitted in accordance with subsection (7).

(5) The following requirements apply for the purposes of subsection (4)(a)(ii):

(a) the how-to-vote card must clearly identify the person, political party, organisation or group on whose behalf the card is to be distributed;

(b) in the case of a card that contains a logo, emblem or insignia belonging to the person, political party, organisation or group on whose behalf the card is to be distributed—the logo, emblem or insignia must be not less than the relevant prescribed size;

(c) the how-to-vote card must indicate the manner in which it is suggested that a vote should be recorded by a voter by—

(i) being marked so as to indicate a valid vote in the manner prescribed in section 76(1) or (2); or

(ii) if the card is submitted in relation to a House of Assembly election, having printed on each card, immediately before the surname of the candidate to whom the how-to-vote card relates, a figure '1' surrounded by a square together with a statement to the effect that the elector must express a preference for all other candidates as the elector sees fit;

(d) in the case of a how-to-vote card submitted by or on behalf of a candidate—

(i) the how-to-vote card must indicate that the first preference vote should be given to the candidate; and

(ii) if a voting ticket has, or 2 voting tickets have, been lodged under section 63 by or on behalf of the candidate and the how-to-vote card is of a kind referred to in paragraph (c)(i), the order or orders of the remaining preferences indicated on the how-to-vote card must be consistent with the order or orders of preferences set out on—

(A) that voting ticket; or

(B) 1 of the 2 voting tickets; or

(C) in the case of a split how-to-vote card—both of the 2 voting tickets,

(as the case requires); and

(iii) subject to subsection (6), if a how-to-vote card has been submitted for inclusion in posters under section 66 (the initial submitted how-to-vote card) by or on behalf of the candidate, the how-to-vote card must have substantially the same appearance as the initial submitted how-to-vote card;

(e) the how-to-vote card must not—

(i) be likely to induce an elector to mark the vote of the elector otherwise than in accordance with the directions on the ballot-paper; or

(ii) contain offensive or obscene material;

(f) the how-to-vote card must contain the endorsement 'Registered by the Electoral Commission of South Australia' at the bottom of the card.

(6) Despite subsection (5)(d)(iii)—

(a) if an initial submitted how-to-vote card in relation to a candidate is of a kind referred to in subsection (5)(c)(i), a how-to-vote card submitted for registration by or on behalf of the candidate under this section may suggest that a vote should be recorded by a voter in the manner described in subsection (5)(c)(ii); or

(b) if an initial submitted how-to-vote card in relation to a candidate is of a kind referred to in subsection (5)(c)(ii), a how-to-vote card submitted for registration by or on behalf of the candidate under this section may suggest that the voter indicate all preferences in accordance with subsection (5)(c)(i); or

(c) if an initial submitted how-to-vote card in relation to a candidate is a split how-to-vote card, a how-to-vote card submitted for registration by or on behalf of the candidate under this section may suggest that a vote should be recorded by a voter in accordance with either of the 2 alternative orders of preferences indicated in the 2 voting tickets; or

(d) if an initial submitted how-to-vote card in relation to a candidate is not a split how-to-vote card, a how-to-vote card submitted for registration by or on behalf of the candidate under this section may be a split a how-to-vote card,

(but the how-to-vote card submitted for registration must otherwise have substantially the same appearance as the initial submitted how-to-vote card).

(7) If a how-to-vote card is—

(a) submitted for registration—

(i) by or on behalf of any candidate or candidates; or

(ii) by a person; and

(b) registered under this section,

no further how-to-vote card may be submitted for registration under this section—

(c) by or on behalf of that candidate or any of those candidates; or

(d) by that person,

(as the case may be).

(8) As soon as is reasonably practicable after registering a how-to-vote card under this section, and in any event by no later than 5 p.m. on the day on which the prescribed period ends, the Electoral Commissioner must—

(a) make a copy of the card available for inspection at the office of the Electoral Commission; and

(b) publish a copy of the card on a website maintained by the Electoral Commissioner.

(9) For the purposes of this section, how-to-vote cards will be taken to have substantially the same appearance if the cards are identical except for—

(a) the size or shape of the cards; or

(b) the fonts used in the cards; or

(c) the material or medium on which the cards are printed or published; or

(d) any other matter prescribed by the regulations for the purposes of this subsection.

(10) In this section—

prescribed period, in relation to an election, means the period commencing on the day after the day fixed for the nomination and ending at noon on the 8^th calendar day before polling day for the election (regardless of whether that day is a public holiday);

split how-to-vote card, in relation to a how-to-vote card submitted by or on behalf of a candidate in respect of whom 2 voting tickets have been lodged under section 63, means a how-to-vote card that suggests that a vote should be recorded by a voter in accordance with either of the 2 alterative orders of preferences indicated in the 2 voting tickets (by setting out on the 1 card both of those 2 orders in 2 representations of the ballot paper to which the card relates).

Note—

Section 112A provides for an offence of distributing, during the election period for an election, a how-to-vote card that has not been registered under this section, or submitted for inclusion in posters under section 66.

No.6. New clauses, page 7, after line 11—Insert:

15A—Amendment of section 71—Manner of voting

(1) Section 71(1)—delete 'An' and substitute:

Subject to subsection (2), an

(2) Section 71(1)(b)—delete 'in the case of an elector entitled to do so by virtue of subsection (2)—'

(3) Section 71(2)(b) and (ba)—delete paragraphs (b) and (ba)

(4) Section 71(2)—before 'entitled' insert 'only'

(5) Section 71(3)—delete 'In addition, a' and substitute 'A'

15B—Amendment of section 73—Issue of voting papers

Section 73(2)—delete 'ground of the applicant's entitlement to make a declaration vote' and substitute 'prescribed kind'

No.7. Clause 16, page 7, after line 13—Before subclause (1) insert:

(a1) Section 74—before subsection (1) insert:

(a1) The Electoral Commissioner must, in respect of an election, send a form for the application by an elector for the issue of declaration voting papers to every address on the electoral roll for the electoral district, or districts, to which the election relates.

No.8. Clause 16, page 7, lines 18 and 19 [clause 16(1), inserted subparagraph (ii)]—Delete 'who has applied for the issue of declaration voting papers under subsection (1)(b)'

No.9. Clause 16, page 7, lines 28 and 29 [clause 16(2), inserted subsection (6a)(a)]—Delete 'who have applied for the issue of declaration voting papers under subsection (1)(b)'

No. 10. Clause 16, page 7, lines 32 and 33 [clause 16(2), inserted subsection (6a)(b)]—Delete 'who have applied for the issue of declaration voting papers under subsection (1)(b)'

No. 11. New clause, page 8, after line 19—

17A—Amendment of section 78—Right of elector to receive ballot paper

Section 78(2)—delete 'Where a person claiming to vote' and substitute:

Subject to this Act, where an elector who

No. 12. New clause, page 8, after line 29—Insert:

20A—Amendment of section 100—Reviewable decisions

Section 100(1)—after paragraph (c) insert:

(ca) a decision by the Electoral Commissioner as to the registration of a how-to-vote card; or

No. 13. Clause 21, page 8, after line 36—After inserted paragraph (ab) insert:

(ac) if the advertisement is authorised for a relevant third party—the relevant third party's name appears at the end; and

(2) Section 112—after subsection (2) insert:

(3) In this section—

relevant third party means an organisation or other person, other than a registered political party, candidate or natural person, who—

(a) as at the day of publication of the advertisement to which subsection (1)(ac) relates, intends to spend more than $2,000 on electoral advertisements—

(i) if the advertisement is published in an election period—during that election period; or

(ii) in any other case—during the election period for the next general election due to occur; or

(b) spent more than $2,000 on electoral advertisements during the election period for the general election immediately preceding the day of publication of the advertisement to which subsection (1)(ac) relates.

No. 14. Clause 22, page 9, line 3 to page 10, line 24 [clause 22, inserted section 112A]—Delete inserted section 112A and substitute:

112A—Distribution of how-to-vote cards

(1) During the election period for an election, a person must not distribute, or cause or permit to be distributed, a how-to-vote card.

Maximum penalty: $5,000.

(2) Subsection (1) does not apply to the distribution of a how-to-vote card—

(a) that has been submitted for inclusion in posters under section 66; or

(b) that has been registered under section 66A; or

(c) that is a compilation of more than 1 how-to-vote card of a kind referred to in paragraph (a) or (b).

(3) The presiding officer at a polling booth may request a person reasonably suspected by the presiding officer of distributing, or causing or permitting to be distributed, a how-to-vote card at or near that polling booth on polling day—

(a) to produce for inspection any how-to-vote cards in the person's possession; and

(b) to hand over all how-to-vote cards other than ones referred to in subsection (2)(a) or (b).

(4) A person who fails to comply with a request under subsection (3) is guilty of an offence.

Maximum penalty: $1,250.

(5) In this section—

distribute includes make available to other persons.

No. 15. New clause, page 10, after line 40—Insert:

25—Amendment of section 126—Prohibition of advocacy of forms of voting inconsistent with Act

Section 126(2)—Delete 'marked so as to indicate a valid vote in the manner prescribed in section 76(1) or (2).' and substitute:

—

(a) marked so as to indicate a valid vote in the manner prescribed in section 76(1) or (2); or

(b) identical to a card—

(i) submitted for inclusion in posters under section 66; or

(ii) registered under section 66A.

At 17:58 the house adjourned until Tuesday 23 July 2013 at 11:00.