The State Government will introduce urgent legislation to State Parliament this week to defer the 2026 periodic local government elections by five months, in response to concerns raised by the Acting Electoral Commissioner.
The Acting Electoral Commissioner identified that due to inadequate frameworks, processes and documentation, 2026 election planning and delivery were occurring simultaneously, and is very concerned there will be a similar impact on the upcoming local government elections.
The Acting Electoral Commissioner also expressed her concern about the impact of multiple factors on the ability of the Electoral Commission to retain and recruit the necessary staff to run a successful election. The independent reviewer of the 2026 South Australian Elections, Tom Rogers AO, has echoed these risks. The State Government thanks them for their frank advice.
In considering the Acting Electoral Commissioner’s request, the State Government is mindful of the impact on South Australians, local councillors and council administration, prospective candidates, and the need for the local government elections to take place with integrity. It is a significant thing to ask South Australians to accept a delay in the exercise of their democratic rights, and for existing councillors to serve additional time.
Under the Government’s Bill, the next polling day (being the day on which voting closes) would shift from Wednesday 11 November 2026 to Wednesday 7 April 2027. The Bill will also achieve a long-held desire of both the Local Government Association and the Electoral Commission to conduct local government elections in a different year from state elections, with subsequent elections to be held every four years from 2031, with polling day returning to November.
The move is aimed at providing the Electoral Commission with additional time to prepare, including by receiving the findings of the Independent Review. It is essential the community can have faith in the Electoral Commission’s ability to manage the next round of local government elections.
Following feedback from the Local Government Association, an April election date was selected in order to provide councils with adequate opportunity to finalise their required budget processes ahead of the end of the 2026-27 financial year.
Electoral Commissioner Mick Sherry has written to Her Excellency the Governor to advise he will resign, effective on 24 July 2026.
The Deputy Electoral Commissioner, Leah McLay, will continue to be the Acting Electoral Commissioner once his resignation takes effect.
The appointment of a new Electoral Commissioner takes place in accordance with the Electoral Act 1985. Under this legislation, the position of Electoral Commissioner is appointed by the Governor on a recommendation made by resolution of both Houses of Parliament, following inquiry and report by the Statutory Officers Committee established under the Parliamentary Committees Act 1991.
Quotes
Attributable to Kyam Maher
In the plainest of terms, the Acting Electoral Commissioner has said that the Electoral Commission is simply not equipped to manage the local government elections should they proceed this year.
It’s a warning we cannot ignore, and we have moved swiftly to respond to the Commissioner’s concerns and propose a sensible, pragmatic way forward.
This is a sensible response to ensure local government continues to function and that the Electoral Commission has additional time to prepare for an efficient, effective rollout of the next council elections.
It is now up to the Parliament to decide.
Attributable to Rhiannon Pearce
Deferring the elections is a sensible response to ensure the integrity of our electoral processes and give South Australians faith in the management and oversight of these important elections.
Local government services are vitally important to South Australian communities and it’s imperative that voters have faith in the electoral processes and institutions that help determine council leadership.
The challenges ECSA is currently experiencing warrants this delay, particularly due to council elections being uniquely complex, with hundreds of ballots across more than 60 councils.
