Proposed changes to Local Government elections
On 17 September 2025, the Honourable Joe Szakacs MP introduced the Statutes Amendment (Local Government Elections Review) Bill 2025 (the Bill) which proposes substantial changes to the Local Government (Elections) Act 1999 (Elections Act), along with changes to the Local Government Act 1999 (LG Act) and City of Adelaide Act 1998.
Some of the key aspects of the Bill in its present form are as follows:
‘State Elector’
One of the more significant proposals is the introduction of a requirement for all voters, including nominees of bodies corporate and groups, to be ‘State electors’. This means such persons must be enrolled on the House of Assembly roll under the Electoral Act 1985 (EA Act).
Although not expressly set out in the Bill, what this means is that persons who are not Australian citizens would no longer be able to vote in local government elections, in any capacity. This includes non-citizen residents, who under the Elections Act currently may apply to be enrolled to vote if they have been resident in the relevant area or ward for at least 1 month. That category of persons will be disenfranchised, should the Bill be enacted in its present form.
Election donations returns
The Bill also proposes considerable changes to the current campaign donation returns and disclosures system, which has only been in place since 2021.
The proposed new scheme would involve candidates making an ongoing series of disclosures of certain donations leading up to the election (effectively a live, ‘running tally’), and then also lodging a final consolidated return after the conclusion of the election.
Further, the current consequence of removal from office for noncompliance with election donation return requirements is proposed to be revised to a suspension from office, in alignment with how failure to lodge ordinary and primary returns under the LG Act is dealt with.
Trial of in-person voting
The Bill also proposes that regulations may provide for a ‘trial’ of in-person voting before polling day for a supplementary election. While much of the detail would be left to regulations (which do not presently exist), the mere concept of in-person voting in South Australian local government elections is a significant proposal, even if just on a ‘trial’ basis.
Public meeting
It is also proposed that Councils will be required to hold a ‘public meeting’ in advance of an election, involving any candidates who wish to participate, to enable members of the public to ask issues relevant to the community and to inform the public of the policies and views of the candidate(s).
Many features of the public meeting are unclear in the Bill, including important matters such as who decides the issues to be discussed, who chairs the meeting, the general procedure to be followed, and who can deal with unruly behaviour at the meeting.
Other proposals
Other noteworthy proposals include the following:
- That Council members may be reimbursed for expenses incurred in producing printed material (other than electoral material). Despite being contained in a Bill about election reform, we note this proposal is not related to elections. We note also that the proposal appears very prone to uncertainty in relation to what constitutes electoral material, and what does not.
- That voting at elections will close at 5pm on the third (as opposed to second) to last business day before the second Saturday in November.
- That it become a criminal offence for a person to publicly advocate that electors mark their ballot papers or exercise their vote in a manner inconsistent with the Elections Act, with a maximum penalty of $2,500.
The above is a summary only. For review of all the proposed changes in the Bill, it can be located here.
Norman Waterhouse will closely follow the passage of the Bill through Parliament and will provide a further update if and when the Bill is ultimately passed, in whatever form that may be.
In the meantime, if you would like more specific information or advice as to any aspect of these proposed reforms, please contact Dale Mazzachi on +61 8 8210 1221 or dmazzachi@normans.com.au; or Chris Alexandrides on +61 8 8210 1299 or calexandrides@normans.com.au
