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Overview

Under section 4 of the Electoral Act 1985 (the Act), a how-to-vote card (HTVC) is defined as: 'A card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter'.

During the election period (from the issue of the writ until 6 pm on polling day), any HTVC that is published or distributed must:
  • Contain a compliant authorisation
  • Not mislead voters
  • Not induce an informal vote

This page summarises key legal requirements for creating, lodging and distributing HTVCs in South Australian state elections.

  • Section 66 applies to HTVCs used inside polling places and early voting centres
  • Section 112A applies to any HTVC distributed anywhere during the election period.

Disclaimer: This information is for general guidance only and does not replace or override the Act. Seek independent legal advice if you are unsure about your obligations.

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HTVCs at polling places

Section 66 of the Act regulates HTVCs submitted to the Electoral Commissioner for display in polling places on polling day, and inclusion in booklets for early voting centres, remote mobile polling and declared institutions.

  • A candidate may submit a HTVC for use at all in‑person voting services.
  • Only one HTVC per candidate per district may be accepted for display.
  • No person may distribute or display a HTVC at a polling place unless it is substantially the same as the lodged version.
  • HTVCs cannot be published or distributed at polling places unless they are registered with ECSA.
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Lodgement rules for polling places (section 66)

HTVCs for polling places or early voting centres must be lodged:
  • No later than 4 days after the close of nominations
  • 2026 deadline: 5 pm, Friday 6 March 2026
Two types of lodgements are required:
  • Display cards – for inclusion at polling places and early voting centres
  • Distribution cards – for individuals intending to hand out cards during the election period
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Authorisaton requirements for distributed HTVCs (section 112A)

Any material resembling a HTVC distributed during the election period must include:
  • Name of the person authorising the material
  • Physical address of the authoriser (not a PO Box)
  • Party name or abbreviation (if authorised by a registered party or endorsed candidate)
  • Third-party name (if authorised by a relevant third party)

ECSA may approve a PO Box for independent candidates if the suburb of residence is also provided.

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Lodgement rules for general distribution (section 112A)

A HTVC distributed during the election period must be substantially the same as:
  • A version submitted under section 66, or
  • A version lodged no later than 12 noon, 8 days before polling day
  • 2026 deadline: Friday 13 March 2026

Additional rules:

  • A card may compile multiple compliant HTVCs from different districts if all authorisation requirements are met.
  • If a candidate has already submitted a section 66 HTVC and distributed a substantially similar card, no additional section 112A lodgement is required.
  • A candidate may lodge only one section 112A HTVC per election. Later versions must be identical in appearance to the original lodged version.
  • Each district's HTVC included on a combined card must still meet all mandatory content requirements.
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Mandatory content — Regulation 20

Every HTVC lodged under section 112A must include:
  • Voting instructions, shown as either:
    • numbered preference squares, or
    • a '1' before the candidate's surname (if identical to a section 66 voting ticket) plus a statement requiring preferences for all other candidates
  • The exact words 'How-to-vote'
  • Candidate name(s)
  • Authorisation details
  • District name

Note: HTVCs may be lodged electronically.

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Font size requirements — Regulation 20

Minimum required font sizes:

  • A6 or smaller: Arial 10 pt minimum
  • Larger than A6 but smaller than A3: Arial 14 pt minimum
  • Larger than A3: Arial 20 pt minimum

Card size is based on area, not shape.

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Appearance consistency

All distributed versions must be substantially the same. Acceptable differences include size, shape, font, medium, and preference indication method.

Not acceptable: promoting a different first-preference candidate without written notice at least 8 days prior.

Changing the order of preferences or altering the voting instructions is also considered a substantial change.

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Why register a how‑to‑vote card?

Registration helps ensure voters are not misled. It is an offence to distribute an unregistered HTVC at a polling place, including:
  • Distributing a card not lodged with ECSA.
  • Distributing a card that differs substantially from the lodged version.

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What counts as distribution?

A person distributes a HTVC if they make it available for people to take away.

A HTVC is not considered distributed if it is displayed only.

Examples of distribution

  • Handing out printed cards at polling places or elsewhere.
  • Leaving stacks of cards in public areas.
  • Including HTVCs in mail‑outs.
  • Electronic sharing (website uploads, social media posts, emails, messages). Authorisation must be immediately accessible.
  • The authorisation must appear on the material itself or be accessible within one click.

Only HTVCs intended for distribution during the election period are subject to authorisation and lodgement rules.

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Offences and penalties

Distributing a non‑compliant HTVC may result in:
  • A fine of up to $5,000.
  • A direction from the Electoral Commissioner to cease distribution or publish a formal retraction.

Cards must not contain false or misleading statements of fact. Misleading advertising is an offence under section 113.

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Compliance

Election staff may:
  • Require a person to produce a HTVC for inspection.
  • Confiscate cards not accepted by ECSA.

Publishing or distributing unauthorised or misleading material is an offence.

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Complaints

  • Campaign workers may lodge complaints with the presiding officer if unregistered HTVCs are observed.
  • Complaints should include a copy or photo of the HTVC.
  • Matters may be escalated to the returning officer.
  • The accountable person for the HTVC may be contacted.
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Related information

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