AEC polling booth rules: What you can get fined for while voting at the federal election

Aussies are already pre-polling before millions of others cast their vote at election day — and there are voting rules that could see you cop a hefty fine.

Can you smell the democracy sausages already? Aussies are gearing up to stand in line at polling booths across the nation to cast their vote now election day is just around the corner.

It’s been a hectic five weeks of campaigning from candidates, with the cost-of-living crisis, health promises and proposed energy and climate policies at the forefront of voters’ minds this election.

But when it comes to the vote, there’s a few things voters need to keep in mind to avoid copping a fine or seeing their ballot go to waste, according to the Australian Electoral Commision (AEC).

Here are some of the most commonly asked questions.

Can I use my phone in the voting booth?

Need to quickly remind yourself who a candidate is? Call your mum? Watch that video of Anthony Albanese falling off the stage again?

The AEC confirmed to this masthead there are no laws restricting voters from making phone calls or using Google inside the voting booth.

“However we ask that people respect the privacy of others, respect our staff and other voters and to not film anyone without their consent,” an AEC spokesperson said.

Can I take my dog to vote?

Generally, yes! Many voters take their pets to the polling booth.

But keep them on the leash and out of the way of other voters, of course.

Even Anthony Albanese took his dog Toto to cast his vote on election day in 2022.

Anthony Albanese takes his dog Toto to vote on during the 2022 federal election. Picture: Sam Ruttyn

There are no specific laws listed on AEC’s website restricting pet owners from bringing their pooches to the polls.

However, restrictions may differ depending on the particular polling place. For example, if the polling place is in a building like a club or school that wouldn’t usually allow dogs on the premises.

A man takes his dog while casting his vote at an early voting centre in New South Wales. Picture: Lisa Maree Williams

Can I vote if I am drunk or intoxicated on election day?

You might be swaying or unable to make out a coherent sentence, but there are no laws prohibiting you from casting your vote on election day if you are intoxicated.

An AEC spokesperson confirmed: “There is nothing specific in the Electoral Act that prohibits people from voting if they are intoxicated.”

Am I allowed to film and take photos in the polling booth?

The AEC states on its website that you are not allowed to film or take photos of AEC staff, other voters, other people’s votes or the electoral roll and certified lists.

While this is not an indictable offence, it is strongly discouraged to film while inside the polling place.

It does mean taking a photo of your ballot paper is technically allowed.

Australians are urged to respect other voters’ right to privacy on election day. Picture: Lisa Maree Williams

Media organisations are also allowed to film inside polling places or counting centres if they have received permission from the AEC.

But they are also warned not to film voters without their permission.

“The AEC takes the safety of our staff and voters very seriously,” a spokesperson said.

“Our temporary staff are there to administer the electoral process inside the venue – they’re not a police force.

“We encourage people to act with civility and consider Australia’s proud history of peaceful electoral events when they engage.”

Is there a dress code for voting?

There’s no mandatory dress code for election day — but, you do have to be careful if you plan on showing off who you’re voting for.

Campaigning is prohibited inside the polling place and within 6m of the entrance. It means volunteers handing out flyers can’t hassle you as you enter to vote.

However, it makes for a fine line for those wearing campaign material while voting, like a pin or T-shirt with a party slogan.

Voters need to ensure they aren’t campaigning inside the polling place, or risk being fined. Picture: Diego Fedele

“If a voter wears a pin, shirt, or hat with a campaign slogan into the polling place, casts their vote leaves then it may not be considered as campaigning,” an AEC spokesperson explained.

“However, when inside a polling venue a problem could arise if a voter is seen talking about the material or gesturing towards it.
“Our advice is to simply avoid any potential issue by not wearing campaign material into a polling place, or to at least bring along a piece of clothing that allows a voter to cover up.”

A person found guilty of canvassing for votes can cop a penalty of five penalty units, or$1650.

What would make my vote ‘invalid’?

There are numerous ways you could unknowingly make your vote invalid and therefore miss the opportunity to have your say counted.

If you write your name, initials or sign the ballot paper, your vote cannot be counted.

The AEC says “anthing that identifies a person” makes a vote invalid.

Your vote won’t be counted if you fail to number all of the boxes for the Senate. Picture: Diego Fedele

Voters are reminded to number all of the boxes above the line in order for their Senate ballot to be included in the tally.

You might think it is an easily avoidable mistake, but many voters cast their vote incorrectly at elections.

In fact, the AEC says more than 10 per cent of votes cast in the NSW seats of Blaxland, McMahon and Fowler were deemed invalid in the last federal election — amounting to more than a quarter of a million votes that had to be thrown out just in those three seats alone.

Why am I getting messages from political candidates?

Getting spam messages from political candidates? The texts are actually completely legal, even though the AEC can’t explain how political parties get ahold of voters’ private phone numbers. Find out why here.

Originally published as AEC polling booth rules: What you can get fined for while voting at the federal election