According to s 29(1) of the Electoral Act 1985 (SA), in South Australia, a person is entitled to enrol to vote in a State election if they:

A person who is in prison is entitled to remain enrolled in the electorate of their usual (non-custodial) place of residence or, in certain circumstances, may be enrolled in the prison's electoral district [s 29(4)].

A person aged 16 or 17 who will be entitled to enrol when they turn 18 is entitled to provisional enrolment [s 29(2)].

It is compulsory for a person who is entitled to be enrolled to vote in a State election to enrol and to keep their enrolment details up to date [s 32(1)]. Failure to enrol or keep enrolment details up to date is an offence with a maximum penalty of a $75 fine [s 32(3)]. This does not apply to persons aged 16 or 17 [s 32(2)].

Enrolment is managed by the Australian Electoral Commission. When a person enrols to vote in a Federal election, they will automatically be enrolled to vote in their State or Territory elections and also local government elections.

There are special enrolment options for people with particular needs or whose circumstances may affect their enrolment. This includes the option to register as a silent elector available to persons who believe having their address on the publicly available electoral roll may place them or their family at risk.

Failure to vote

It is compulsory for a person who is enrolled and entitled to vote in a State election to vote in every State election [s 85(1)]. It is an offence to fail to vote without a valid and sufficient reason, with a maximum penalty of a fine of $50 (expiation fee $10) [s 85(7)].

It is only compulsory to observe the formalities of voting. Every person enrolled and entitled to vote must ensure their name is marked off and they have received ballot papers. They are not required to mark the ballot papers [s 85(2)].

A person will not be fined for failing to vote in a State election if they have a valid and sufficient reason. Valid and sufficient reasons are set out in s 85(8) of the Electoral Act 1985 (SA) and include being absent from the State on polling day and having a conscientious objection based on religious grounds.

After each State election, the South Australian Electoral Commission will send a notice to each person who was enrolled and eligible to vote but who apparently failed to vote, asking them to indicate whether or not they voted and, if they did not, why not [s 85(3)]. It is an offence to fail to respond to this notice within 21 days, with a maximum penalty of a fine of $50 (expiation fee $10) [s 85(7)]. If the elector shows that they did in fact vote, or provides a valid and sufficient reason for failing to vote, they will not receive a fine.

A person who fails to return the Electoral Commission's notice, fails to establish they voted, or fails to give a valid and sufficient reason for failing to vote will be sent an expiation notice requiring payment of the $10 expiation fee along with the $102 Victims of Crime levy (as at July 2024). The elector may choose to pay the fine, enter into a payment arrangement, elect to be prosecuted in court, or apply for a review. Further action will be taken, and further fees incurred, if an expiation notice is ignored. Visit the South Australian Electoral Commission's failure to vote webpage for more information.

Further information about voting and enrolment can be found on the South Australian Electoral Commission's website and the Australian Electoral Commission's website.