Federal, state and local elections: which rules apply?

The short answer

Federal, state and local elections: which rules apply?

Federal, state and local government elections in Australia are run under different legislation by different electoral authorities. Federal elections are governed by the Commonwealth Electoral Act 1918 and administered by the Australian Electoral Commission. State and territory elections are run under each jurisdiction's own electoral Act by its own electoral commission. Local government elections are administered by state electoral commissions or local councils under state legislation. While enrolment is generally shared through a joint roll arrangement, the rules for compulsory voting, ballot structure, early voting eligibility, campaign finance and electoral boundaries differ at each level. You must check the rules of the specific authority running the election you are voting in.

This guide explains the federal position first. State, territory and local elections can use different rules, dates and ballot systems, so the commission named on your election material is the final operational source.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

Why different rules apply at each level

Australia's federal structure means the Commonwealth, each of the six states and two self-governing territories, and local governments each operate under their own electoral legislation. The Australian Constitution does not mandate a uniform electoral system for all levels of government. Section 51(xxxvi) gives the Commonwealth Parliament power to make laws about federal elections, but state electoral systems are a matter for state parliaments under their own constitutions and electoral Acts. Local government electoral arrangements are creatures of state legislation.

This layered structure means a voter enrolled for federal elections may face different ballot paper formats, different rules about when and where to vote, and different campaign finance disclosure requirements depending on which level of election they are participating in. The electoral commissions of each jurisdiction publish their own guidance, and the rules for one level should not be assumed to apply to another.

Because these electoral systems have developed independently under different constitutional frameworks and legislative histories, a practice that is standard at one level of government, such as compulsory preferential voting, may not apply at another level. Assumptions drawn from experience with one type of election can lead voters to make errors in another if the rules are not checked for each election.

Evidence review

The joint electoral roll

The AEC maintains the Commonwealth electoral roll under the Commonwealth Electoral Act 1918. Under joint roll arrangements, the AEC shares enrolment data with state and territory electoral commissions, meaning a person who enrols for federal elections is generally also enrolled for state elections without needing to submit a separate application. This arrangement reduces duplication and administrative burden.

However, there are differences in enrolment eligibility. For example, the voting age for federal elections is 18, but some jurisdictions have considered or enacted different minimum ages for their own elections. British subjects who were on the roll before 26 January 1984 retain federal enrolment rights under transitional provisions that may not apply in all state jurisdictions. Local government enrolment may include non-citizen ratepayers in some states. You should check your state electoral commission's website if your circumstances are unusual.

Evidence review

Compulsory voting across jurisdictions

Voting is compulsory for Australian citizens aged 18 and over in federal elections and in elections for every state and territory except where specific exemptions apply. The Commonwealth Electoral Act imposes a penalty for failure to vote at a federal election without a valid and sufficient reason. Each state and territory has its own compulsory voting provisions with separate penalty regimes.

Local government elections are not compulsory in all jurisdictions. In South Australia and Western Australia, voting in local government elections is voluntary. In Tasmania, local government voting is also voluntary. In New South Wales, Victoria and Queensland, local government voting is generally compulsory, but the enforcement mechanisms and penalty provisions differ from those for state and federal elections. If you live in a jurisdiction with voluntary local government voting, you will not receive a penalty notice for not voting in a council election.

Evidence review

Different voting systems at different levels

Federal House of Representatives elections use full preferential voting in single-member electorates. The Senate uses proportional representation by single transferable vote with above-the-line and below-the-line options. State lower house elections generally use the same full preferential system as the federal House, with some exceptions. The ACT and Tasmania use the Hare-Clark proportional system for their legislative assemblies. New South Wales uses optional preferential voting for its Legislative Assembly, meaning voters may number only one candidate if they choose.

Local government voting systems vary even more. Many councils use proportional representation with relatively large multi-member wards. Some use first-past-the-post. Some councils are divided into wards, others are elected at-large. The ballot paper design, the number of candidates to be elected and the formality rules are set by the legislation of each state, and the electoral commission administering the election publishes specific instructions for each council election.

Evidence review

Campaign finance and disclosure rules

Political finance regulation in Australia is a patchwork of Commonwealth, state and territory laws. The Commonwealth Electoral Act regulates donations, electoral expenditure and disclosure for federal elections and for federally registered political parties and their associated entities. Each state and territory has its own political finance legislation with different thresholds for disclosure, different definitions of reportable donations and different rules about caps on electoral expenditure.

A donation to a state branch of a political party may be reportable under both Commonwealth and state law if the branch operates in both federal and state elections. The AEC publishes annual financial disclosure returns for federal political parties, while state electoral commissions publish their own registers. Researchers and journalists checking political finance claims should consult the register of the relevant jurisdiction.

Common questions

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