{"id":551952,"date":"2026-01-29T16:34:16","date_gmt":"2026-01-29T16:34:16","guid":{"rendered":"https:\/\/www.europesays.com\/us\/551952\/"},"modified":"2026-01-29T16:34:16","modified_gmt":"2026-01-29T16:34:16","slug":"david-speirs-sees-pathway-to-standing-for-election-amid-eligibility-questions","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/551952\/","title":{"rendered":"David Speirs sees &#8216;pathway&#8217; to standing for election amid eligibility questions"},"content":{"rendered":"<p class=\"paragraph_paragraph__iYReA\">Former South Australian Liberal leader David Speirs has suggested there is &#8220;definitely a pathway&#8221; for him to run at the next state election, despite the electoral commission declaring that his drug supply convictions make him ineligible to nominate as a candidate.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Speirs, who resigned from parliament in October 2024 before his <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2025-04-24\/david-speirs-sentenced-over-drug-supply-charges\/105207020\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/105207020\" target=\"_blank\" rel=\"noopener\">2025 conviction on drug supply charges<\/a>, is yet to declare whether he intends to run as an independent in his former southern suburbs seat of Black at March&#8217;s state election.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The ABC revealed last week that<a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2026-01-23\/david-speirs-not-entitled-to-campaign-funding-commission-says\/106252588\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/106252588\" target=\"_blank\" rel=\"noopener\"> the Electoral Commission of South Australia (ECSA) had deemed Speirs was &#8220;not eligible&#8221; for public campaign funding<\/a> because &#8220;he would not [if applied for] fulfil the nomination requirements&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;If a person\/potential candidate has a conviction of an indictable offence they would be ineligible to nominate,&#8221; an ECSA spokesperson said earlier this month.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;In this case, the potential candidate would not be entitled to any funding whatsoever.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">However in a statement provided this afternoon, South Australian Electoral Commissioner Mick Sherry issued a clarification regarding the determination of election candidates&#8217; eligibility.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;A recent ECSA statement offered an initial view of eligibility when responding to a media query about public funding,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;The final determination regarding candidate eligibility will be made once nominations have been received and assessed against the requirements of the Electoral Act and Constitution Act.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;I do not intend to provide a running commentary on individual prospective candidates in the meantime.&#8221;<\/p>\n<p><img decoding=\"async\" alt=\"A portrait photo of an MP.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2026\/01\/7729126f4b8082031d53cb55dc9718a2.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">David Speirs is yet to declare whether he will run at the upcoming March election. (ABC News: Che Chorley)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Earlier, in his first public comments since ECSA&#8217;s initial advice was revealed last week, Speirs said there was some &#8220;uncertainty&#8221; over his eligibility &#8220;that needs to play out&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;There&#8217;s lots of different views on that,&#8221; Speirs told Adelaide radio station FIVEaa on Wednesday.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;There&#8217;s constitutional issues in the mix; there&#8217;s been different people who&#8217;ve weighed into that.<\/p>\n<blockquote class=\"EmphasisedText_quote__TE6kn\"><p>&#8220;Look, I think there&#8217;s definitely a pathway there for me if I wanted to push it along, but it just comes down to whether I have the appetite for that and to weigh into a public debate.&#8221;<\/p><\/blockquote>\n<p class=\"paragraph_paragraph__iYReA\">Speirs has not responded to the ABC&#8217;s requests for comment.<\/p>\n<p><a href=\"https:\/\/www.abc.net.au\/news\/2025-11-03\/david-speirs-writes-document-about-algal-bloom-recovery\/105964388\" data-component=\"FullBleedLink\" class=\"RelatedCard_link__rsgR9 FullBleedLink_root__lTw_U interactive_focusContext__yRhc_ interactive_defaults__AKxUU FullBleedLink_showVisited__g3Xvz\" target=\"_blank\" rel=\"noopener\">David Speirs says he&#8217;s &#8216;not done with public service&#8217;<\/a><\/p>\n<p class=\"Typography_base__sj2RP RelatedCard_synopsis__cFwMW Typography_sizeMobile14__u7TGe Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Former South Australian opposition leader David Speirs says he will make a decision about his political future in the coming weeks as he launches his own plans for the algal bloom.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The former environment minister said questions over his eligibility were &#8220;for other people to work through at the moment and come up with advice&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;There&#8217;s definitely very differing views as to what I can and can&#8217;t do which is quite interesting as a spectator from the sidelines,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;I haven&#8217;t weighed into that and of course I haven&#8217;t confirmed my own intentions either.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;But it&#8217;s interesting to listen to people talking about me.&#8221;<\/p>\n<p>&#8216;I sorted that out last year&#8217;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The Adelaide Magistrates Court convicted and fined Speirs $9,000 in April 2025 and sentenced him to 37-and-a-half hours community service.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">That was after the former MP pleaded guilty to two charges of supplying a controlled substance to another person, with court documents showing he supplied cocaine to two men, <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2025-04-14\/david-speirs-supplied-cocaine-to-narcotics-anonymous-attendee\/105174860\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/105174860\" target=\"_blank\" rel=\"noopener\">one of whom he knew had been attending Narcotics Anonymous<\/a>.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Speirs said he completed his community service hours last year, which involved &#8220;doing maintenance work in parks and things like that&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;My view was take the path of least resistance through that process and get it done and do my bit to give back and get on with life,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Last week, Adelaide University Law Professor John Williams suggested that one interpretation of the law would suggest &#8220;an individual who has served their penalty should at least be eligible to put themselves before the electorate&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">ECSA&#8217;s interpretation about Speirs&#8217; eligibility was based on the provisions of the electoral act which state a &#8220;person is not qualified to be a candidate for election \u2026 if the person would, if elected \u2026 be required to immediately vacate his or her seat&#8221; under the state&#8217;s constitution.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The constitution states that if an MP &#8220;is convicted of an indictable offence&#8221; their seat becomes vacant.<\/p>\n<p><img decoding=\"async\" alt=\"Woman with dark brown hair, blue eyes, books behind her, close up shot\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2026\/01\/4a082105ce8cae1816b318b5a8a51bc1.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Constitutional law expert Anne Twomey says there is ambiguity about the interpretations. (Supplied: Anne Twomey)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">But University of Sydney Professor Emerita Anne Twomey, an expert in constitutional law, said she had &#8220;doubts&#8221; about the electoral commission&#8217;s interpretation, noting that the constitution disqualifies an MP who &#8220;is&#8221; convicted of an indictable offence, not one who &#8220;has been&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">She said there was a difference between the two terms.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;[&#8216;Has been&#8217;] would be the more obviously terminology to use if the intention was to ban for life from election to parliament anyone who had been convicted of an indictable offence,&#8221; she said in a video posted on her educational YouTube channel &#8220;Constitutional Clarion&#8221;.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;Personally, my instinct is that it would be quite hard to say that a person who has been convicted in the past and served their sentence and has subsequently been elected to the House of Assembly can be treated under section 31 [of the constitution] as a member who &#8216;is&#8217; convicted of an indictable offence, as opposed to &#8216;has been&#8217; convicted.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;But there is ambiguity here, particularly in relation to when a conviction ends and whether this is when a sentence has been fully served as initially recognised in the constitution act, or perhaps when a conviction is deemed to be spent.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;In the face of ambiguity, a court may be inclined to err towards giving effect to the democratically expressed wishes of the electorate.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The seat of Black is held by Labor MP Alex Dighton on a nearly 10 per cent margin, after he <a class=\"Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/elections\/sa-black-by-election-2024\/results\" data-component=\"Link\" target=\"_blank\" rel=\"noopener\">won the November 2024 by-election triggered by Speirs&#8217;s resignation.<\/a><\/p>\n<p class=\"paragraph_paragraph__iYReA\">Candidate nominations for the state election do not open until February 23 and will not be declared until March 2.<\/p>\n","protected":false},"excerpt":{"rendered":"Former South Australian Liberal leader David Speirs has suggested there is &#8220;definitely a pathway&#8221; for him to run&hellip;\n","protected":false},"author":3,"featured_media":551953,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[242099,4740,7026,48328,242095,1230,242096,176803,16290,242098,1258,15783,50,88788,242097],"class_list":{"0":"post-551952","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news","8":"tag-alex-dighton","9":"tag-australia","10":"tag-black","11":"tag-conviction","12":"tag-david-speirs","13":"tag-drugs","14":"tag-ecsa","15":"tag-electoral-commission","16":"tag-eligibility","17":"tag-emerita-twoney","18":"tag-funding","19":"tag-liberal","20":"tag-news","21":"tag-opposition","22":"tag-public-campaign"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115979358501573117","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/551952","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=551952"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/551952\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/551953"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=551952"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=551952"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=551952"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}