handbook for parties, groups, candidates and scrutineers...type) from each polling place and...
TRANSCRIPT
LG
BY.2
00
Handbook for Parties, Groups, Candidates and Scrutineers
Local Government By-elections
Published as at September 2018
© 2018
This publication is copyright No part may be reproduced by any process, except in accordance with the Copyright Act 1968
Please address all enquiries to the New South Wales Electoral Commission, Level 25, 201 Kent Street, Sydney 2000
1
Contents Introduction .................................................................................................................... 7
Glossary ........................................................................................................................... 8
General information ...................................................................................................... 16
Electoral Commissioner for NSW ............................................................................ 16
Returning Officer ................................................................................................... 16
Returning Officer’s office ....................................................................................... 16
NSW Electoral Commission website ....................................................................... 16
Candidate helpdesk ................................................................................................ 16
Election calendar .................................................................................................... 16
Elector enquiry centre ............................................................................................ 16
Electoral rolls ................................................................................................................. 17
The electoral roll .................................................................................................... 17
The residential roll ................................................................................................. 17
The roll of non-residential electors and the roll of occupiers and rate paying lessees
17
Close of Rolls .......................................................................................................... 17
Copy of the list of electors to candidates ................................................................ 18
Council areas and elections ........................................................................................... 18
Mayoral election .................................................................................................... 18
Councillor election ................................................................................................. 18
Constitutional referendums and polls ............................................................................ 19
Constitutional referendums ................................................................................... 19
Council polls ........................................................................................................... 19
Eligibility requirements for candidates ........................................................................... 20
Candidate for councillor in an undivided council area ............................................ 20
Candidate for councillor in a council area with wards ............................................. 20
Candidate for ‘popularly elected’ Mayor ................................................................ 20
Disqualification from holding civic office ................................................................ 20
Registration of candidates and groups ........................................................................... 21
What is registration? .............................................................................................. 21
Candidates and groups registering for a by-election............................................... 21
Refusal to register a candidate or group ................................................................. 22
Cancellation of a candidate or group’s registration ................................................ 22
Updating details on the register ............................................................................. 22
2
The nomination process ................................................................................................ 23
Nomination by a Registered Political Party (RPP) .................................................... 23
Nomination by electors .......................................................................................... 23
Nomination deposit ............................................................................................... 24
How to lodge nomination forms ............................................................................. 25
Nomination arrangements for Councils sharing a Returning Officer ....................... 25
Defective nomination forms ................................................................................... 26
List of candidates ................................................................................................... 26
Candidate information sheet ................................................................................. 27
Statistics form ........................................................................................................ 28
Withdrawal of a nomination .................................................................................. 28
Death of a candidate .............................................................................................. 28
Uncontested election ............................................................................................. 28
Procedures after close of nominations & ballot paper draw ................................... 28
How the draws are conducted ................................................................................... 29
Mayoral election: ................................................................................................... 29
Councillor election where there are no groups: ...................................................... 29
Councillor election where there are groups: ........................................................... 29
Groups and group voting squares.............................................................................. 30
Request to form a group ........................................................................................ 30
Composite groups .................................................................................................. 30
Group voting squares ............................................................................................. 31
Withdrawal of a request to form a group ............................................................... 31
Ungrouped candidates ........................................................................................... 32
Ballot paper formats .................................................................................................. 33
Candidate’s names on ballot paper ........................................................................ 33
Party affiliation or ‘Independent’ on ballot paper ................................................... 33
Directions for voting .............................................................................................. 33
Political donations ..................................................................................................... 39
Who is responsible for the management and disclosure of political donations and
electoral expenditure? ...................................................................................................... 39
13.1.1 Political parties .............................................................................................. 39
13.1.2 Local government by-election candidates who are members of a registered
political party ................................................................................................................. 39
13.1.3 Local government by-election candidates who are not members of a
registered political party ................................................................................................ 40
3
13.1.4 Local government by-election group whose members are members of a
registered political party ................................................................................................ 40
13.1.5 Local government by-election groups whose members are not members of a
registered political party ................................................................................................ 41
Political donations.................................................................................................. 41
13.2.1 What is a political donation? ......................................................................... 41
13.2.2 How can political donations be used? ............................................................ 42
13.2.3 Small political donations ................................................................................ 43
13.2.4 Reportable political donations ....................................................................... 43
13.2.5 Reportable loans ........................................................................................... 44
13.2.6 Who can make a political donation? .............................................................. 44
13.2.7 Accepting political donations ......................................................................... 44
13.2.8 Caps on political donations ............................................................................ 45
13.2.9 Self-funding ................................................................................................... 46
13.2.10 Prohibited donors .......................................................................................... 46
13.2.11 Indirect campaign contributions .................................................................... 47
13.2.12 Anonymous political donations ..................................................................... 48
13.2.13 Political donations to independent candidates .............................................. 48
Electoral expenditure ................................................................................................ 49
What is electoral expenditure? .............................................................................. 49
What is not electoral expenditure? ........................................................................ 50
Making payments for electoral expenditure ........................................................... 50
Caps on electoral expenditure ................................................................................ 51
14.4.1 What are the expenditure caps? .................................................................... 51
14.4.2 What is the capped expenditure period? ....................................................... 51
14.4.3 When is electoral expenditure incurred? ....................................................... 51
Campaign accounts and record keeping .................................................................... 52
What is a campaign account? ................................................................................. 52
Local government campaign account of a party ..................................................... 52
Campaign account for a candidate or group where the party agent is responsible . 53
Campaign account of a candidate or group where the candidate is responsible ..... 54
Record keeping ...................................................................................................... 55
15.5.1 Political party records .................................................................................... 56
15.5.2 Candidate and group records ........................................................................ 56
15.5.3 Receipt and acknowledgement books ........................................................... 57
15.5.4 Deposit book (applies to parties) ................................................................... 57
4
15.5.5 Petty cash book (applies to candidates and groups) ...................................... 58
15.5.6 Cash book, or a receipts cash book and payments cash book ........................ 58
15.5.7 Journal (applies to parties) ............................................................................ 58
15.5.8 Ledger (applies to parties) ............................................................................. 59
15.5.9 Records of DVDs, video tapes etc .................................................................. 59
15.5.10 Records of other advertising .......................................................................... 60
Disclosure of political donations and electoral expenditure ....................................... 61
What is disclosure? ................................................................................................ 61
What are the disclosure requirements for a by-election? ....................................... 61
Half-yearly disclosures of political donations ......................................................... 62
Annual disclosures of electoral expenditure ........................................................... 62
Annual disclosures of reportable political donations made by donors .................... 62
How to make disclosures ....................................................................................... 63
Can I amend a disclosure after it is submitted? ...................................................... 63
What happens after a disclosure is made? ............................................................. 63
Election advertising ................................................................................................... 64
What is electoral material? .................................................................................... 64
What is electoral matter? ....................................................................................... 64
The regulated election period ................................................................................ 64
Non-complying electoral material .......................................................................... 64
Posters ................................................................................................................... 65
17.5.1 Pre-poll ......................................................................................................... 66
17.5.2 Election day ................................................................................................... 66
Canvassing for votes .............................................................................................. 67
17.6.1 Pre-poll ......................................................................................................... 67
17.6.2 Election day ................................................................................................... 67
Misleading information .......................................................................................... 67
Authorisation of electoral material ........................................................................ 68
Posters on power poles .......................................................................................... 68
Advertising in the electronic media ..................................................................... 69
Advertisements on electronic billboards, digital signs ......................................... 69
Publication of paid electoral advertisements on the internet ............................. 69
T-shirts, lapel badges, balloons, etc. ................................................................... 69
Registration of electoral material for distribution on election day ............................. 70
Electoral material to be registered for election day ................................................ 70
5
How to register electoral material .......................................................................... 70
Electoral material registered in a language other than English ............................... 71
Missed deadline for registering electoral material .................................................. 71
Printing material prior to approval ......................................................................... 71
Electoral material distributed on election day ........................................................ 71
Voting before and on election day ............................................................................. 72
Postal votes ........................................................................................................... 72
General postal voters ............................................................................................. 73
Pre-poll votes ......................................................................................................... 73
Declared institutions .............................................................................................. 74
Election day ........................................................................................................... 74
Assistance to vote ...................................................................................................... 76
Assistance to electors when voting ........................................................................ 76
Electors who are unable to sign their name ............................................................ 76
Wheelchair voting screens ..................................................................................... 76
Braille ballot papers for electors who are blind....................................................... 77
Culturally and linguistically diverse electors ........................................................... 77
Counting ballot papers ............................................................................................... 78
Initial count - Councillor (one to be elected) or Mayor ............................................ 78
Check count – Councillor (one to be elected) or Mayor .......................................... 78
Method of election – Councillor (one to be elected)............................................... 78
Distribution of preferences - Councillor (one to be elected) or Mayor .................... 79
Distribution of preferences - Councillor (two to be elected) ................................... 79
Check count – Councillor (two to be elected) ......................................................... 80
Distribution of Preferences – Councillor (two to be elected) .................................. 80
Recounts ................................................................................................................ 80
Formality rules - Councillor (one to be elected) or Mayor .......................................... 80
Formal ballot papers .............................................................................................. 81
Informal ballot papers ............................................................................................ 81
22.2.1 Examples of formal ballot papers .................................................................. 82
22.2.2 Examples of informal ballot papers ............................................................... 85
Scrutineers ................................................................................................................ 87
Appointment of scrutineers ................................................................................... 87
Attendance of Scrutineers ...................................................................................... 87
Conduct of scrutineers ........................................................................................... 88
6
Party and candidate workers ..................................................................................... 89
Party and candidate workers at pre-poll voting centres.......................................... 89
Party and candidate workers at polling places ........................................................ 89
Recycling of how-to-vote material .......................................................................... 89
Alleged breaches of legislation .................................................................................. 91
Referring alleged breaches of legislation ................................................................ 92
Possible courses of action in response to non-compliance with the law .................. 92
7
Introduction
The Local Government Act 1993 (the LG Act) and the Local Government (General)
Regulation 2005 (the LG Regulation) govern the conduct of local government elections in
New South Wales (NSW).
The Electoral Funding Act 2018 (the EF Act) and the Electoral Funding Regulation 2018
(the EF Regulation) provide for the management and disclosure of election campaign
finances and the registration of electoral participants at local government elections in
NSW.
The NSW Electoral Commission (NSWEC) regulates and enforces the provisions of the
EF Act and EF Regulation. The Electoral Commissioner is responsible for conducting local
government elections in accordance with the LG Act where there is an arrangement
between the Electoral Commissioner and a Council. NSWEC officers undertake
procedures and processes for local government elections that are conducted by the
Electoral Commissioner.
This handbook is intended to assist candidates, groups, scrutineers and Registered
Political Parties (RPPs) and unregistered parties participating in elections conducted by
the Electoral Commissioner. The information in this handbook relating to groups of
candidates applies where more than one vacancy is to be filled at the by-election for a
Council area or ward.
This handbook explains relevant processes and procedures, however it is not a substitute
for the law. While this handbook provides information, it does not provide legal advice. If
RPPs, groups, candidates or scrutineers are in doubt about any legal matters regarding
the election, they should seek their own independent legal advice.
All forms and publications referred to in this handbook can be downloaded from
the NSW Elections website: www.elections.nsw.gov.au. Candidates can also contact the
candidate helpdesk on 1300 088 942.
The information in this handbook is based on legislation at the date of publication.
If the legislation changes, an updated version of this handbook will be available from the
NSW Elections website. Prospective candidates should regularly check the NSW Elections
website for any changes to the handbook.
Where Councils are administering their own elections, candidates should still contact the
NSW Electoral Commission for information about forms and processes concerning
registering as a candidate, political donations, electoral expenditure, campaign accounts
and record keeping. In addition, allegations of offences should be referred to the NSW
Electoral Commission for review.
Where Councils are administering their own elections, candidates should contact the
Returning Officer for that Council for their own election information, forms and any
questions on election processes.
For further information, access the following
websites:
• www.olg.nsw.gov.au - Office of Local Government
• www.legislation.nsw.gov.au to view or download the relevant provisions of
the LG Act, LG Regulation, EF Act or EF Regulation.
8
Glossary
Term
Description
Absolute majority A candidate for Mayor must have an absolute majority of
formal votes in order to be elected. An absolute majority is 50%
+ 1 of formal votes.
Amalgamation The process of combining ‘used’ ballot papers (of the same
type) from each polling place and declaration vote category into
a single pile of first preference ballot papers for each candidate
and a single pile of informals, for that election in that Council
area (or ward), to facilitate the distribution of preferences.
Above The Line
(ATL)
Councillor ballot papers where there are groups and group
voting squares (GVS) have a thick black line dividing the
ballot paper. Group voting squares appear Above The Line (ATL)
on the ballot paper. An ATL vote is a vote where the elector has
placed their preference(s) in a group voting square above the
line.
Applicable cap on
electoral
expenditure
Electoral expenditure incurred by parties, groups, candidates
and third-party campaigners is capped at local government
elections during the capped expenditure period for an election.
There are different caps that are applicable to parties, groups,
candidates and third-party campaigners.
Applicable cap on
political donations
Political donations made to registered political parties,
unregistered parties, elected members, groups, candidates,
associated entities and third-party campaigners are subject to
caps. There are different caps applicable to registered political
parties, unregistered parties, elected members, groups,
candidates, associated entities and third-party campaigners.
Associated entity A corporation or other entity that operates solely for the benefit
of a local government elected member.
Australian Electoral
Commission (AEC)
The AEC conducts federal elections and in partnership with the
Electoral Commissioner maintains the electoral roll for federal,
state and local government elections (residential roll).
Authorised Roll A roll of electors eligible to nominate as candidates at the
election produced as at 6:00pm on the day the authorised roll
closes.
Ballot Paper Draw The process of randomly determining which order the
candidates (and groups if applicable) will appear on the ballot
paper.
Below The Line (BTL) Councillor ballot papers where there are groups and group
voting squares (GVS) have a thick black line dividing the
ballot paper. Candidates in those groups appear Below The Line
(BTL) on the ballot paper. A BTL vote is a vote where the
9
Term
Description
elector has placed their preferences against candidates below
the line.
By-election A by-election for a Councillor or mayor (who is elected by
electors) of the council of a local government area.
Campaign Account The account that is kept by a party, elected member,
candidate, group of candidates or third-party campaigner for
political donations and electoral expenditure.
Candidate Under the EF Act, a candidate includes a person who is
registered with the NSWEC for the purpose of accepting
political donations and electoral expenditure.
A person who is nominated for election as Mayor and/or
Councillor under the LG Act.
Under the EF Act, a candidate also includes a person who
accepts a gift or makes a payment for expenditure for their
proposed candidacy at a future election (the rules for political
donations and electoral expenditure apply even if the person
has not been nominated or registered as a candidate for the
election).
Candidate
Information
Sheet (CIS)
The CIS is part of the nomination form and must be completed
by all candidates. The CIS is publicly displayed on the NSWEC
website and polling places.
Candidate Worker See party worker.
Capped expenditure
period
Each local government election has a capped expenditure
period. It is the period in which the electoral expenditure of
parties, groups, candidates and third-party campaigners is
capped.
Check Count A ‘check’ or ‘second’ count of all first preference votes from all
polling places, postal, pre-poll and Declared Institutions (DIs)
conducted by the RO after Election Day. The results of the check
count are considered to be the final count of first preference
votes.
Civic office Civic office means the office of councilor or mayor.
Council Area Also referred to as a local government area (LGA) in NSW.
Councillor Every Council area has a number of elected Councillor
positions. The successful candidate/s in a Councillor election will
become a Councillor for that Council area.
Declaration of the
Poll
An official declaration made by the RO in writing that sets out
the result of each election held for that Council area.
Declaration Vote Ballot papers are enclosed in an envelope bearing a printed
declaration signed by the voter. Declaration votes include
postal, silent, enrolment and other special vote categories.
10
Term
Description
Declared Institution
(DI)
A hospital, nursing home or convalescent home which is visited
by election officials in the week before Election Day for the
purpose of taking votes from residents who are unable to
attend a polling place.
Disclosure The disclosure of political donations and electoral expenditure
by a party, elected member, candidate, group, third-party
campaigner, associated entity or major political donor to the
NSWEC.
Distribution of
Preferences
The process of distributing ballot papers (either of an excluded
candidate or the surplus ballot papers of an elected candidate)
to the remaining candidates according to the 2nd, 3rd etc.
preferences indicated on the ballot paper.
Donor A person or entity who makes a gift (a political donation) to a
party, elected member, candidate, group or other person or
entity (including a third-party campaigner or associated entity).
EF Act and
Regulation
The Electoral Funding Act 2018 and the Electoral Funding
Regulation 2018.
Elected member A local government Councillor or mayor.
Election Selection by vote of a person(s) to hold political office.
Eligible electors vote for a person(s) to represent them in
their local Council area.
Election Campaign
Finance Offence
An offence under the Electoral Funding Act 2018 or the
Electoral Funding Regulation 2018.
Election Day The day when electors go to the polling place to vote.
Sometimes referred to as polling day.
Election Night After 6:00pm on Election Day, when the polling places are
closed.
Election Sunday The Sunday following Election Day, when the check count of
ballot papers and other activities take place in the returning
officer’s office (RO office)
Election Official (EO) A general term to refer to people appointed to officiate at a
place where electors vote. It covers Polling Place Managers
(PPMs), all polling place staff, pre-poll vote issuing officers and
those taking votes at DIs.
Electoral
Commission agency
The staff agency that assists the Electoral Commissioner and
NSW Electoral Commission to exercise their functions.
Electoral
Commissioner
The statutory officer appointed to manage the conduct
of parliamentary and other elections.
Electoral
Expenditure
Expenditure for the purpose of influencing the vote at an
election; or
Expenditure for the purpose of promoting or opposing a
party or candidate/s at an election.
11
Term
Description
Electoral Material Any ‘how-to-vote’ card, poster, advertisement or anything
else containing electoral matter.
Electoral Matter Generally, any matter capable of affecting the result of an
election or capable of influencing an elector in casting a vote.
Includes the name of a candidate or political party, or
photograph, drawing, or image of a candidate.
Electoral Offence An offence under the Local Government Act 1993 or the
Local Government (General) Regulation (2005) in connection
with an election.
Election
Management
Application (EMA)
EMA is a computer program used by officers of the NSWEC
and ROs to undertake many of the administrative tasks
associated with running the election including: staffing of
polling places; processing nominations; processing declaration
votes; printing result sheets; recording results of counts.
Enrolled Address The address of the elector as appearing on the authorised
or supplementary rolls.
Enrolment Vote Eligible people not on the electoral roll for any area or
transferring from an area, can, subject to producing a NSW
driver licence or NSW photo card as identification, and meeting
other eligibility criteria, enrol at the time of casting their vote.
Exhausted Ballot
Papers
In a distribution of preferences, a formal ballot paper that has
no further formal preferences that can be considered is
‘exhausted’.
Formal Vote A ballot paper which has been marked in accordance with
the voting directions on the ballot paper and counts towards
the result of an election.
General Manager
(GM)
The General Manager of the Council.
Groups Where there is more than one vacancy to be filled in a Council
area or ward, candidates for Councillor may request to form
groups with other candidates on the ballot paper. To do this
they must complete the appropriate forms at the time of
nomination.
A group also includes a group of candidates who is registered
with the NSWEC for an election under the EF Act.
Individuals who accept a gift or make a payment for
expenditure for the individuals proposed candidacy at a future
election (the rules for political donations and electoral
expenditure apply even if the individuals have not been
nominated or registered as candidates for the election).
Group Voting
Squares
(GVS)
Under certain circumstances candidates who have formed a
group may request a group voting square (GVS) on the ballot
paper. The GVS appears Above The Line on the ballot paper and
12
Term
Description
electors may choose to vote for the whole group by placing a
preference in the GVS.
Hospital Polling
Place
A polling place on Election Day that is located in the grounds of
a hospital. These polling places may also have a mobile voting
facility for patients in the hospital. Not to be confused with
Declared Institutions.
How-To-Vote (HTV)
Card
A leaflet that encourages an elector to vote for a particular
candidate, party or group, often including a representation of a
ballot paper.
Informal A ballot paper that has not been completed according to the
voting directions on the ballot paper.
LG Act and LG
Regulation
The Local Government Act 1993 and the Local Government
Regulation 2005.
Local Government
Area (LGA)
Also referred to as a Council area in NSW.
Local Government
Counting Centre
(LGCC)
Councillor ballot papers in the extended Sydney Region will be
dispatched by the RO to the LGCC in Sydney where they will
be data entered and counted using computer software.
Major Political
Donor
A person or entity (other than a party, elected member, group
or candidate) who makes a reportable political donation.
Mayor Every Council has a Mayor. Some Mayors are elected from and
by the elected Councillors. Some Mayors are elected by the
electors in that Council area – this is known as a popularly
elected Mayor.
Multi-Council Polling
Place
In some instances, polling places that are located on or near the
boundary between two or more Council areas may issue votes
for more than one Council area. These are known as multi-
Council polling places.
Multi-Ward Polling
Place
In some instances, polling places that are located on or near the
boundary between two or more wards in a Council area may
issue votes for all those wards. These are known as multi-ward
polling places.
Nomination The process by which a person applies to have their name
included on a ballot paper at an election.
Non-Residential Roll The non-residential roll is collated and certified by the General
Manager of the Council and is made up of two parts: the
roll of non-residential owners and the roll of occupiers and rate
paying lessees who have applied to be on the roll for the
election. This roll lapses after each election. The exception
being the City of Sydney where the non-residential roll does not
lapse after the election.
NSW Electoral The NSWEC is a 3-member board that regulates and enforces
the provisions of the EF Act and EF Regulation and the electoral
13
Term
Description
Commission
(NSWEC)
provisions of the LG Act and LG Regulation and provides
assistance to the Electoral Commissioner in the administration
of the LG Act and the conduct of elections.
The three members of the NSWEC are a person who is a former
Judge as Chairperson, the Electoral Commissioner, and a person
who has financial or audit skills.
Official Agent A person appointed by a third-party campaigner or associated
entity who is responsible for the management and disclosure of
the campaigner or entity’s political donations and electoral
expenditure.
Ordinary Vote Ordinary voting takes place in polling places, pre-poll voting
centres and DIs. When a ballot paper is issued to an elector
after marking their name off the roll and the elector places
the completed ballot paper directly into a ballot box, this is
known as an ordinary vote, as opposed to a declaration vote.
Party Worker A person who assists candidates by handing out how-to-vote
cards. Unlike scrutineers, a party worker has no official status
under electoral legislation.
Party A body or organisation, incorporated or unincorporated, having
as one of its objects or activities the promotion of the election
to the NSW Parliament or a local Council of a candidate or
candidates endorsed by it.
Party agent A person who is responsible for the disclosure of political
donations and electoral expenditure of a party. In some cases, a
party may also be responsible for the management and
disclosure of elected members, groups and candidates who are
members of the party.
Political Donation A gift made to or for the benefit of a party, elected member,
group, candidate or other person or entity (including a third-
party campaigner or associated entity).
Poll Council polls are run to capture voter opinion on a particular
issue (e.g.: public works etc.) The result of a Council poll is not
binding on the Council.
Polling Place A building such as a school or community hall that has been
designated as a place to which voters go on Election Day to cast
their votes.
Polling Place
Manager
(PPM)
A manager employed by the RO to setup and manage a
polling place on Election Day.
Postal Vote Electors who are unable to attend polling places duringpolling
hours on Election Day may vote by post. Electors must apply for
a postal vote and they must be eligible to vote as a postal voter.
14
Term
Description
Postal Vote
Application (PVA)
Electors wishing to postal vote must complete a postal vote
application (PVA) form.
Postal Vote
Certificate (PVC)
Envelope
Electors who have successfully applied for a postal vote are sent
ballot papers and a Postal Vote Certificate (PVC) envelope
which they must complete, sign and send back to the RO with
the ballot papers enclosed.
Preferences The numbers written by the elector in the square next to a
candidate’s name or group on the ballot paper are called
preferences. The number ‘1” is the first preference; number ‘2’
is the second preference and so on.
Pre-Poll Ordinary
Vote
Type of vote issued to a pre-poll voter voting within their
enrolled Council area i.e. no declaration envelope required.
Pre-Poll Voting Eligible electors can vote before Election Day at the office of an
RO or other pre-poll voting centre. Pre-Poll Voting
Centre
A location appointed where electors may cast a pre-poll vote
prior to Election Day.
Quota In a proportional representation election, candidates are
elected when they have received a ‘quota’ of formal votes. A
quota is calculated by dividing the number of formal votes
by one more than the number of candidates to be elected,
disregarding the fraction and then adding 1. E.g. (Number of
formal votes ÷ Candidates To Be Elected + 1) + 1.
Recount If requested, a recount or a ‘second’ count of votes may be
conducted to confirm the original result. Recounts can also be
ordered by the Electoral Commissioner.
Registration The process by which a person or persons apply to the
NSWEC to be registered as a candidate, group of candidates or
third-party campaigner at an election for the purposes of the EF
Act to accept political donations or make payments for
electoral expenditure.
Referendum Constitutional Referendums are held to increase or decrease
the number of Councillors; create or abolish wards; change the
way in which the Mayor is elected (i.e.: popularly or Councillor
elected); change the method of electing Councillors in a Council
with wards. The result of a Constitutional Referendum is
binding on the Council.
Registered Electoral
Material
Electoral material including how-to-vote cards registered by the
Electoral Commissioner for distribution on Election Day. Only
registered electoral material can be distributed on Election Day.
In order to be registered the material must satisfy certain
requirements.
15
Term
Description
Registered General
Postal Voter (RGPV)
Electors who satisfy certain legislative provisions can receive
their postal votes automatically without further application.
Registered Political
Party (RPP)
A political party which has been registered by the Electoral
Commissioner.
Regulated Election
Period
The period from close of roll date and ending 6:00pm Election
Day in which certain campaigning activities under the LG Act and
LG regulation are regulated.
Residential Roll Roll of all electors enrolled on Commonwealth/State electoral
rolls for that Council area as at close of rolls. This roll is
prepared by the Electoral Commissioner.
Returning Officer
(RO)
An official appointed by the Electoral Commissioner to conduct
an election for one or more Council areas.
Security Seals Numbered security seals that must be used to secure ballot
boxes and bags of used ballot papers at polling places, pre-poll
voting centres and in the RO office. A record of the number of
each security seal used is be kept by ROs and PPMs.
Scrutineer A person appointed by a candidate in writing to witness
electoral procedures on behalf of the candidate.
Scrutiny The check of declaration envelopes to ensure compliance
before the vote is admitted to the count.
Statistics Sheet Every nomination form includes a statistics sheet that must
be completed by each candidate.
Silent Elector An elector whose address does not appear on the authorised
roll for reasons of personal safety.
Spoilt Ballot Papers Electors who make a mistake when completing a ballot paper
may return the ‘spoilt’ ballot paper and receive a replacement.
Third Party
Campaigner
A third-party campaigner is a person or entity (other than an
associated entity, party, elected member, group or candidate)
who incurs more than $2,000 in electoral expenditure for a
local government election during the capped expenditure
period for the election.
Uncontested Election An election is uncontested if by close of nominations, the
number of nominations for a position is equal to or less than
the number to be elected.
Ward Some Council areas are divided into smaller areas that are
called wards. Each ward elects a number of Councillors to
represent that ward.
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General information
Electoral Commissioner for NSW
The Electoral Commissioner ensures the independent, fair and impartial conduct of
elections, referenda or polls for councils that enter into an arrangement with the
Commissioner to administer their elections, referenda or polls.
Returning Officer
The Electoral Commissioner appoints a Returning Officer (RO) for each Council area
where the Electoral Commissioner is conducting the election. The Returning Officer is to
conduct the election, referendum or poll under the direction of the Electoral
Commissioner and pursuant to the LG Act and Regulation.
Returning Officer’s office
Returning Officers set up their office at the time of, and for the duration of, an election.
The offices are open to the public from the day of close of rolls.
Details of the Returning Officer’s address and office hours are available from the NSW
Elections website or the candidate helpdesk.
NSW Electoral Commission website
The NSW Elections website www.elections.nsw.gov.au contains relevant information
such as key election dates, general information regarding the elections and election
campaign finance requirements, enrolment information, details of RPPs, nomination and
registration forms, candidate details following the close of nominations, pre-poll and
postal voting details, polling place locations and election results.
Candidate helpdesk
A helpdesk has been established specifically for candidates who have questions in
relation to their candidature or the election process.
The helpdesk operates each week day from 9:00am to 5:00pm.The candidate helpdesk
number is 1300 088 942.
Election calendar
The election calendar containing key dates is available from the NSW Elections website
www.elections.nsw.gov.au or by calling the candidate helpdesk on 1300 088 942.
Elector enquiry centre
An enquiry centre is established for electors who have questions about voting and
other election processes.
The Elector Enquiry Centre number is 1300 135 736.
This phone number will appear in election advertising undertaken by the Electoral
Commissioner.
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Electoral rolls
It is compulsory for all Australian citizens who are 18 years or older to be on the electoral
roll for the address at which they reside, and to vote at local government elections.
A person can be enrolled only once in a particular Council area, and a person who is
qualified for enrolment in more than one ward of a Council area (as a property owner),
can only be enrolled in that Council by virtue of their qualification as a resident.
The electoral roll
The roll of electors for each Council area or ward is a composite roll,
comprising:
• The residential roll;
• The roll of non-resident electors; and
• The roll of occupiers and rate paying lessees
The residential roll
All electors enrolled on the Commonwealth/State electoral roll as at 6:00pm on the day
of close of rolls will automatically appear on the residential roll.
The Electoral Commissioner will prepare the residential roll for each Council area or ward.
Voting is compulsory for all electors on the residential roll.
The roll of non-residential electors and the roll of occupiers and
rate paying lessees
The General Manager of each Council receives applications for and prepares the non-
residential roll and roll of occupiers and rate paying lessees.
Voting is not compulsory for electors on the non-residential roll/roll of occupiers and rate
paying lessees (except City of Sydney where voting by such electors is compulsory).
Other than for the City of Sydney, the non-residential roll/roll of occupiers and rate
paying lessees lapses after each election. Any person who appeared on these rolls at a
previous election will have to reapply for the forthcoming local government elections.
While a person can only appear on the residential roll/ roll of occupiers and rate paying
lessees for one Council area, they may, subject to meeting the enrolment qualifications,
appear on the non-residential roll/roll of occupiers and rate paying lessees of other
Councils. The enrolment qualifications for the non-residential roll/roll of occupiers and
rate paying lessees can be found on the NSW Elections website at
www.elections.nsw.gov.au.
Any enquiries regarding properties and entitlements for the non-residential roll/roll of
occupiers and rate paying lessees should be directed to the relevant Council.
Close of Rolls
The residential roll and non-residential roll/roll of occupiers and rate paying lessees for
the purposes of nominating as a candidate for the local government election will close at
6:00pm on the day of the close of rolls.
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Copy of the list of electors to candidates
Candidates are entitled to receive a copy of the list of electors for the Council area or
ward they are contesting. The list of electors is available in electronic format and will
contain the name and postal address of electors entitled to vote in the election but does
not contain electors’ dates of birth.
Candidates may request a list of electors by completing the form Request for electronic
list of electors LG.220 and lodging the form with the Returning Officer for their Council
area. The form can be obtained from the Returning Officer, NSW Elections website or by
contacting the candidate call centre.
Candidates may only use the list of electors in connection with their candidacy at the
election. Candidates must treat the electoral roll with absolute privacy as it contains
electors’ personal information. Electors are required by law to provide their personal
information for the purpose of enrolment. If electors believe that their personal
information is being misused then they will be reluctant to maintain their enrolment.
There are significant penalties (currently $110,000.00) for candidates or others using the
electoral roll for any reason other than a permitted purpose.
The list of electors will be available from the day after Nomination Day.
Council areas and elections
Council areas are either divided into wards or are undivided (no wards).
Mayoral election
Certain Councils have a ‘popularly elected’ Mayor where all the electors vote to elect the
Mayor. If engaged by a Council to conduct an election, the Electoral Commissioner will
also conduct the Mayoral election. A popularly elected Mayor holds office for 4 years.
Candidates should refer to the NSW Elections website for detail of those Councils holding
Mayoral elections.
Where the Mayor is not popularly elected, they are elected by and from the elected
Councillors at a Council meeting. The NSWEC and the Electoral Commissioner are not
involved in these elections.
Councillor election
The number of Councillors elected varies from Council to Council. Where Councils have
wards, an equal number of Councillors are elected for each ward. An elected Councillor
holds office for four years.
The election of a popularly elected Mayor and the election of Councillors are conducted
concurrently, but separately. Where a Council has a popularly elected Mayor a person
cannot be elected to both positions (i.e.: Mayor and Councillor) in the same Council area.
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Constitutional referendums and polls
Constitutional referendums
A Council may resolve to conduct a Constitutional Referendum on any of the following
issues:
• Determine whether or not the Mayor is to be popularly elected;
• Increase or reduce the number of Councillors;
• Divide the Council area into wards or abolish all wards; and
• Change the method of election of Councillors for an area divided into wards
A Referendum is decided by a majority of the formal votes cast at the referendum.
Voting in a Referendum is compulsory for all electors on the roll and the result is
binding on the Council.
Council polls
A Council may resolve to conduct a Poll on any issue for its guidance, for example:
• The introduction of fluoride into drinking water; or
• Constructing a roundabout in the main street.
A Poll is decided by a majority of the formal votes.
The Council may determine that a Poll be held in only a specific part of the Council area,
such as in one ward, or in a particular group of streets and, as such, not all electors may
be eligible to vote in a Poll.
Voting in a Council Poll is not compulsory for electors on the roll and the result is not
binding on the Council.
The NSW Elections website includes details of those Councils holding a Constitutional
Referendum or Poll.
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Eligibility requirements for candidates
Candidate for councillor in an undivided council area
To be eligible for election as a Councillor in an area that does not have wards, a person
must be enrolled either on the residential roll or the non-residential roll/roll of occupiers
and rate paying lessees in that Council area at 6:00pm on the day of the close of rolls.
Candidate for councillor in a council area with wards
Where a Council has wards a candidate for election as Councillor must be enrolled in that
Council area, but not necessarily in the ward in which they are nominating, either on the
residential roll or the non-resident roll/roll of occupiers and rate paying lessees at 6:00pm
on the day of the close of rolls. For example, a person may be enrolled in ‘B’ ward of the
Council area but may decide to nominate as a candidate in ‘C’ ward.
A person cannot be a candidate for more than one ward in a Council area. A person can
nominate for more than one ward in the same Council area but must withdraw all
but one nomination before the close of nominations at 12:00 noon on Nomination Day.
A person may, if eligible, be a candidate for Councillor in more than one Council area and
can be elected as a Councillor in more than one Council area.
Candidate for ‘popularly elected’ Mayor
To be eligible for election as a Mayor in a Council area, a person must be enrolled either
on the residential roll or the non-residential roll/roll of occupiers and rate paying lessees
in that Council area at 6:00pm on the day of the close of rolls.
A person may be a candidate for Mayor and Councillor, but cannot be elected to both
positions. If elected as Mayor (the Mayoral election is counted first) the person must
accept that office. However, the preferences on each Councillor ballot paper for the
candidate elected as Mayor are not disregarded. The first preferences on the Councillor
ballot paper for the person elected as Mayor are reallocated at the commencement of
the Councillor count to the candidate who has the number 2 preference on those ballot
papers. Throughout the distribution of preferences those ballot papers are distributed
according to the next preference on those ballot papers to continuing candidates in the
count.
In the City of Sydney, a candidate for Lord Mayor must also nominate as a
candidate for Councillor. If elected as Lord Mayor the person must accept that office and
cannot be elected as a Councillor.
A person may, if eligible, be a candidate for Mayor in more than one Council area
where the Mayor is popularly elected, and can be elected as Mayor in more than one
Council area.
Disqualification from holding civic office
A candidate for Mayor or Councillor must be qualified to hold that office in order to be
nominated for election.
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Section 275 of the Local Government Act 1993 provides that the existence of certain
circumstances disqualify a person from holding civic office. Details are set out in the
nomination form and should be carefully noted by prospective candidates.
If a person has any doubt about their eligibility to stand as a candidate they should seek
their own legal advice.
It is not the role of the NSWEC, the Electoral Commissioner or the Returning Officer, to
determine whether or not a candidate is subject to any of these disqualifications.
A person elected to civic office can be dismissed if it is subsequently determined that
the person was in fact disqualified from holding civic office at the time of their election.
Any person may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order
that a person be dismissed from civic office.
Registration of candidates and groups
Candidates for a by-election may be required to register with the NSWEC and have their
registered details published on the NSWEC website.
Registration is separate to being nominated to contest the by-election and have your
name appear on the ballot paper.
This chapter provides an overview of what candidates need to understand about
registration and how to register for the by-election. The nomination process is described
in Chapter 9. For further information, go to the NSWEC website or the helpdesk.
When you become a candidate you must understand the requirements for political
donations and electoral expenditure. Some candidates may be responsible for their
own election campaign finances, while in other cases, the party agent of a registered
political party is responsible for the election campaign finances of candidates. More
information can be found in Chapters 13 and 14 – Political Donations and Electoral
Expenditure.
What is registration?
Registration means being registered as a candidate with the NSWEC for a Local
Government election and having your registered details included on a register. The
NSWEC publishes all registers on the NSWEC website.
A candidate must be registered with the NSWEC for a by-election before accepting
political donations or making payments for electoral expenditure for an election. It is
unlawful for unregistered candidates to accept political donations or make payments for
electoral expenditure for an election before noon on nomination day.
Candidates and groups registering for a by-election
Candidates and groups are responsible for their own registration. To register for a by-
election the candidate or group must complete and lodge the relevant application for
registration form. Registration for the election is open now. Forms are available from
the NSWEC website or contact the helpdesk.
Registration forms are to be lodged by a candidate or group with the NSWEC (not a
Returning Officer) before accepting political donations or making payments for electoral
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expenditure, by no later than noon on nomination day for the by-election. Any candidate
or group that has not applied to be registered for the election cannot accept political
donations or make payments for electoral expenditure until after noon on nomination
day.
On nomination day the NSWEC will register all nominated candidates and groups who
have not applied to be registered. From this time, all candidates and groups can lawfully
accept political donations and make payments for electorate expenditure for the
election.
To register as a candidate on or before noon on nomination day, use the Application for
Registration of a Candidate (EF.729) form. To register as a group on or before noon on
nomination day, use the Application for Registration of a Group (EF. 732) form.
The registration form may be submitted at any time up to the deadline (12 noon on
nomination day). It may be emailed, posted or faxed. Contact details are provided on
the form.
A candidate is registered once the NSWEC has received and processed the registration
form. It is unlawful for the candidate or group to accept political donations or pay for
electoral expenditure until registered, or until after 12 noon on nomination day.
The registration details of registered candidates and groups are included on the Register
of Candidates with details published on the NSWEC website.
Refusal to register a candidate or group
The NSWEC may refuse to register a candidate or group if it believes that information
provided in an application for registration is incomplete or incorrect. The NSWEC may
refuse to register a group if the name of the group is obscene or offensive.
Cancellation of a candidate or group’s registration
The NSWEC will cancel the registration of a candidate or group if requested by the
candidate or group.
Updating details on the register
Candidates and groups must notify the NSWEC of any changes to the details stated on the
register, within 30 days of the change occurring. To notify the NSWEC use the Notice of
Change in Registered Particulars (EF.740). It is an offence not to notify the NSWEC of a
change in registered details within 30 days. The form may be emailed, posted or faxed to the NSWEC. Contact details are provided on
the form. The NSWEC will make changes to registered details of a candidate or group upon
receipt of the form.
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The nomination process
Nomination forms are available from the Returning Officer, or from the NSWEC website
www.elections.nsw.gov.auor by calling the candidate call centre on 1300 088 942. The
nomination form is a multi-page document so care should be taken when printing from
the website.
The nomination of a candidate is a separate process to the candidate being registered for
the election in order to accept political donations and make payments for electoral
expenditure. The registration process is outlined under chapter 8.
On request, a candidate information kit will be provided. The kit will contain:
• Election calendar;
• Nomination and grouping forms;
• Handbook for Parties, Groups, Candidates and Scrutineers;
• Request for electronic roll form; and
• Scrutineer appointment form.
A nomination for Mayor or Councillor must be received by the Returning Officer for the
Council for which the nomination is made.
It is a candidate’s responsibility to ensure a fully and correctly completed nomination is
received by the Returning Officer, no later than 12:00 noon on Nomination Day.
The nomination form is a confidential document between the candidate and the
Returning Officer who will maintain that confidentially.
A candidate for Mayor or Councillor may be nominated in one of two ways.
Nomination by a Registered Political Party (RPP)
The Registered Officer or Deputy Registered Officer for a Registered Political Party
(RPP) in the Local Government Register of Political Parties can nominate a candidate
for Mayor or Councillor but the party must have been registered with the NSWEC by 12
months prior to Nomination Day to be eligible to nominate a candidate for these
elections.
Candidates should use the form Nomination Form For Mayor Or Councillor - Registered
Political Party LGBY.202.
Nomination by electors
A person can be nominated as a candidate by electors in the following manner:
• Mayor - By at least two electors enrolled in the Council area.
• Councillor - Where the Council area is undivided (no wards) by at least two electors
enrolled in the Council area.
• Councillor - Where there are wards, by at least two electors enrolled in the ward the
candidate is contesting.
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Candidates should use the form Nomination Form For Mayor Or Councillor –
Nomination by 2 Electors LGBY.203.
Candidates for Mayor or Councillor should ensure that their nominators are
enrolled for the Council area or ward. Nominators can check their enrolment status on
the NSW Elections website www.elections.nsw.gov.au
As it is possible that some nominators may not be correctly enrolled it is strongly
recommended that candidates obtain more than two people as nominators.
A person cannot nominate more candidates for Councillor than the number to be elected
in a Council area or ward, e.g., if 3 councillors are to be elected in a ward, a person can
only nominate 3 candidates for that ward.
For the office of Mayor a person cannot nominate more than one candidate for a council
area.
A person can nominate a candidate for Councillor and Mayor.
A person cannot nominate them self in any election.
These restrictions do not apply to the Registered Officer or Deputy Registered Officer of a
Registered Political Party.
Nomination deposit
Each nomination for Mayor or Councillor must be accompanied by a nomination deposit.
The nomination deposit can be paid in the form of cash or by bank cheque or credit union
or building society cheque made out to the NSW Electoral Commission.
Payment cannot be made by personal cheque, company cheque, money order, BPay,
EFTPOS or credit card.
The nomination deposit is $125 for each candidate.
However, where candidates for Councillor lodge a Request To Form A Group LGBY.204
with the Returning Officer at the same time as the nomination forms and that group
comprises six or more candidates the nomination deposit is capped at $625 for the
group.
Nominations will be rejected if the appropriate deposit, in full, has not been
received by the Returning Officer by 12:00 noon on Nomination Day.
The nomination deposit will be refunded one month after the declaration of election
results:-
• If the election is uncontested; or
• If the candidate dies before Election Day; or
• If the candidate withdraws his/her nomination; or
• If the candidate is elected or receives at least 4% of the total number of formal first
preference votes cast at the election; or
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• If the candidate is included in a group for the Councillor election, any one of the
group is elected or receives at least 4% of the total number of formal first preference
votes.
Any deposit not refunded is forfeited to the Council.
How to lodge nomination forms
Nomination forms must be lodged with the Returning Officer for the Council for which the
nomination is made, either in person, by post, by fax or email. Where the nomination is
faxed or emailed, the deposit must be delivered so that it reaches the Returning Officer by
12:00 noon on Nomination Day. If the nomination is received but the deposit is not
received by the Returning Officer by that time, the nomination will be rejected.
Nominations can be lodged from the day of the close of rolls up to close of nominations at
12:00 noon on Nomination Day. Nominations will not be accepted after this time nor can
defective nominations be corrected after this time.
Candidates should ensure the following are lodged with the Returning Officer prior to the
close of nominations:
• A nomination form;
• A candidate information sheet;
• A statistics form;
• The nomination deposit; and
• A request to form a group (if applicable).
Where a nomination is emailed, all forms that require signatures must contain an image
of the actual signatures of nominators and the candidate.
Nomination arrangements for Councils sharing a Returning Officer
Candidates should be mindful that certain Councils have agreed to share a Returning
Officer, who will service those Councils from a single office. Under this arrangement,
candidates may, as an alternative to lodging directly with the Returning Officer, deliver
their nomination form and deposit to the local Council who will then forward the
nomination form to the Returning Officer.
If lodging with the local Council:
• The nomination form can only be delivered to a designated person at the local
Council – it cannot be faxed or emailed to the Council, however delivery to the
Council can be by any person;
• Council will immediately fax/email the nomination form to the Returning Officer
and then post or deliver the nomination form to the Returning Officer. Council will
not make or keep a copy;
• Council will accept the deposit and issue a receipt.
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If the nomination form is faxed or emailed by the candidate directly to the Returning
Officer (not through the local Council) the deposit can still be lodged with the local
Council and a receipt issued.
It must be stressed that, regardless of the arrangements in place or the option chosen by
a candidate to lodge the nomination form and deposit, it will always remain the candidate’s
responsibility to ensure the nomination form and deposit are with the Returning Officer by
12:00 noon on Nomination Day. It is recommended that candidates ( i ) lodge the
nomination form and deposit as early as possible and (ii) telephone the Returning Officer
for confirmation that the nomination has been received and is in order.
Defective nomination forms
When a nomination is received the Returning Officer will check the forms to ensure they
can be accepted.
This checking ensures that:
• The candidate is on the electoral roll for the Council area;
• If the candidate is nominated by a RPP, that the details and the signature of the
Registered Officer/Deputy Registered Officer are correct;
• If the candidate is nominated by 2 electors, that the nominators are enrolled in the
Council area or the ward being contested, and that the nominators have not
nominated more than the number of candidates to be elected in the Council area
or ward;
• That all forms have been signed where necessary; and
• All necessary forms (see ‘How to Lodge Nomination Forms’) and the appropriate
nomination deposit have been received by the Returning Officer.
If the nomination is found to be defective, the person delivering the forms will be advised
of the deficiency, or if otherwise received, every effort will be made to inform the
candidate in sufficient time to correct the nomination. It is the candidate’s responsibility
to rectify any defective nomination and return it to the Returning Officer by 12:00 noon
on Nomination Day.
It is s trongly suggested that nominations be lodged in sufficient time to enable any
defects found during the checking process to be remedied in time. If compliance with the
necessary requirements has not occurred by 12:00 noon on Nomination Day, the
nomination will be rejected.
It is also recommended that the person delivering the nomination wait at the Returning
Officer’s office until the nomination has been checked and accepted.
List of candidates
Nomination forms are confidential documents, however certain details are required to
be displayed on the NSW Elections website. These are:
• Each candidate’s full name;
• Each candidate’s names as they will appear on the ballot paper; and
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• The suburb, town or other locality of the candidate’s place of living as enrolled
Candidates’ contact details will only be displayed on the NSW Elections website or released
to the media if candidates have given their consent on the nomination form.
Candidate information sheet
Candidates for Mayor or Councillor are required to lodge a Candidate Information Sheet
(CIS) as part of the nomination form.
If the completed Candidate Information Sheet has not been received by the Returning
Officer by 12:00 noon on Nomination Day the Returning Officer will reject the candidate’s
nomination. The Candidate Information Sheet must:
• Be written or typed on the form supplied without further pages or attachments, and
• Be signed by the candidate, and
• As a minimum requirement, contain the candidate’s full name, and
� The suburb/town/locality of the place of living of the candidate as shown on the
electoral roll, and
� Indicate whether the candidate is a member of any RPP if so, indicate the name
of the party, and
� Indicate whether the proposed candidate is qualified to hold the civic office
concerned by virtue of being enrolled on;
– The residential roll for the ward or Council concerned, or
– The non-residential roll for the ward or Council concerned, or
– The roll of occupiers and rate paying lessees for the ward or Council concerned
• Be witnessed and signed by an authorised person under the Oaths Act 1900 such as:
� A Justice of the Peace (JP);
� A notary public;
� A solicitor or barrister with a current NSW or interstate practising certificate;
� A commissioner of the court for taking oaths; or
� Other person by law authorised to administer an oath.
The Candidate Information Sheet may contain other information, such as date of birth,
occupation, qualifications, statements of policy or beliefs and any other relevant
information.
The Local Government Act 1993 contains provisions which prohibit the use of false or
misleading information and allows for prosecution in such circumstances.
The NSWEC is required to publish the content of the Candidate Information Sheet on the
NSWEC website and to make the Candidate Information Sheet available for inspection at
the Returning Officer’s office and polling places.
The Candidate Information Sheet will be displayed as it is provided to the Returning Officer.
Grammar, misspellings, punctuation etc. will not be corrected; however material
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considered inappropriate such as offensive or obscene language, may be edited. All
information must be restricted to the space provided. Attachments will not be accepted.
Statistics form
Candidates for Mayor or Councillor are required to lodge a Statistics Form as part of the
nomination form. The Statistics Form captures generic information such as sex,
occupation, age etc.
If the completed Statistics Form has not been received by the Returning Officer by 12:00
noon on Nomination Day the Returning Officer will reject the candidate’s nomination.
The Statistics Form will be forwarded by the NSWEC to the Office of Local Government at
the completion of the election.
Note: The Statistics Form is not required for a Local Government By-election.
Withdrawal of a nomination
(see also “Withdrawal of a Request to Form a Group”)
Candidates can withdraw their nomination by delivering or sending (by post or
otherwise), or transmitting by fax or email, a signed notice to the Returning Officer before
the close of nominations at 12:00 noon on Nomination Day. If the withdrawal notice is
emailed, an image of the notice showing the candidate’s actual signature as appearing on
the notice, must be included in or attached to the email.
A Registered Officer/Deputy Registered Officer of a Registered Political Party cannot
withdraw a candidate’s nomination. The nomination deposit will be refunded after the
election.
Death of a candidate
If a candidate for Mayor or Councillor dies between 12:00 noon on Nomination Day
and 6:00pm on Election Day, the election fails for that position and a new election in
that Council (or in a ward for Councillor election) will be held at a later date.
Uncontested election
If by 12:00 noon on Nomination Day only the required number of candidates (or less)
have been duly nominated for Mayor or for Councillor for a Council area or a ward, those
candidates will be declared elected unopposed.
Where less than the required numbers of candidates are nominated by 12:00
noon on Nomination Day, a by-election will be held at a later date to fill any vacancy.
Procedures after close of nominations & ballot paper draw
After the close of nominations at 12:00 noon on Nomination Day, and once all
nominations have been processed and finalised, the Returning Officer at their office will
formally announce the candidates and conduct the draw for positions of candidates and
groups (where applicable) on the ballot paper.
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It is intended that the announcement of candidates and ballot paper draws will
commence at 2:00pm on Nomination Day. This t im in g will need to be confirmed with
the Returning Officer for your Council.
In a regional arrangement announcements of candidates and draws for ballot papers
for each Council within the region will be conducted at the Returning Officer’s office. Any
person can attend the draw.
How the draws are conducted
Mayoral election:
The Returning Officer places the name of each candidate on separate slips of paper on
the table. Each slip is enclosed in separate plastic cylinders which are then sealed and
placed in a small ballot box. The ballot box is closed and the Returning Officer shakes and
rotates it to mix the cylinders. Anyone else present may also shake and rotate the box.
The box is handed to an assistant who holds it so that the contents cannot be seen, and
the Returning Officer withdraws the cylinders from the box one at a time.
The names of the candidates will appear on the ballot paper in a single column in
descending order as they are drawn from the ballot box.
Councillor election where there are no groups:
The Returning Officer will conduct the draw in the same manner as for the Mayor.
Councillor election where there are groups:
The Returning Officer will conduct the draw in two parts. The first draw is to determine
the order of the groups. The same process is undertaken as for the Mayor. However the
first group drawn will be ‘Group A’, the second ‘Group B’, and so on, appearing
left to right across the ballot paper.
The second draw is for candidates who are not included in any group - the ‘Ungrouped’
candidates and this is the same process as for the Mayoral draw. Those candidates are
shown in a single column on the right-hand side of the ballot paper after the groups.
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Groups and group voting squares
In an election for Councillors, candidates are entitled to form a group and request a
group voting square on the ballot paper. At least two candidates are required to form a
group.
Candidates do not need to be nominated by a Registered Political Party to form a
group or to qualify for a group voting square.
Note: For Local Government By-elections, where only one candidate is to be elected,
groups and group voting squares do not apply
Request to form a group
Two or more candidates may lodge a claim to form a group using the Request To Form
A Group LGBY.204 form.
A Request to Form a Group LGBY.204 form is available from the Returning Officer, the
NSW Elections website or by calling the candidate call centre. This form must be
received by the Returning Officer before the close of nominations at 12:00 noon on
Nomination Day.
The claim must be signed by each candidate in the group, signifying their agreement to
the order of the group, as it will appear on the ballot paper.
The Registered Officer or Deputy Registered Officer of a Registered Political Party cannot
sign a claim to form a group on behalf of the group.
A candidate can appear in only one request to form a group in a Council area.
Composite groups
A group can comprise of:
• Candidates endorsed by a single Registered Political Party - The party name will be
printed on the ballot paper below each candidate’s name and below the group
voting square (if requested);
• Candidates endorsed by more than one Registered Political Party (referred to as a
composite group) - The respective party name will be printed on the ballot paper below
each candidate’s name and the composite party name printed below the group voting
square (if requested);
• Candidates who have requested the word ‘Independent’ be printed below their names.
However, if independent candidates form a group, the word ‘Independent’ is not
printed below the group voting square;
• Candidates who have chosen not to have the word ‘Independent’ below their names; or
• Any combination of the above.
Where candidates endorsed by a Registered Political Party form a group with non-endorsed
candidates, the endorsed Registered Political Party candidates forfeit the right to have their
party name printed below the group voting square. If requested, it will be printed below
the candidate’s name.
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A request to form a composite group is made on the Request to Form a Group LGBY.204
form.
Group voting squares
A group voting square is printed in the space above the black line on the ballot paper for
each group which has requested a group voting square. The purpose of a group voting
square is to allow voters to vote for a group or groups as an alternative to showing
preferences for individual candidates below the line.
The Request to Form a Group LGBY.204 form will include provision to request a group
voting square, but only if:
• In the case of a Council that is undivided (no wards) – The number of candidates in
the group is at least half the number of candidates to be elected (i.e. If there are nine
Councillors to be elected the group must have at least five candidates to qualify for a
group voting square), or
• In the case of a Council divided into wards – There are at least as many candidates in
the group as there are candidates to be elected in that ward (i.e. If there are three
Councillors to be elected in the ward the group must have at least three candidates to
qualify for a group voting square).
However, unless more than one group has requested a group voting square, there will be
no group voting squares on the ballot paper and therefore no above the line voting. In
these cases the candidates who have formed a group will still be shown as a group but
voters would only be able to mark their preferences for individual candidates.
Where all the candidates in the group have been nominated by the one Registered
Political Party or by a composite group comprising two or more Registered Political
Parties, the Registered Political Party name or names is printed on the ballot paper below
the group voting square above the line.
The group voting square of a group comprised of ‘Independent’ candidates or
candidates who have chosen not to have ‘Independent’ is identified only by a letter of the
alphabet (see ‘How the Draws are Conducted’ in Chapter 9). The word ‘Independent’
cannot be printed below the group voting square above the line, but is printed below each
candidate’s name.
The group voting square of a group comprising a combination of candidates nominated by
a Registered Political Party and ‘Independent’ candidates is identified only by the allocated
letter of the alphabet. The Registered Political Party name or the word ‘Independent’
cannot be printed adjacent to the group voting square, but is printed adjacent to the
respective candidate’s name.
Withdrawal of a request to form a group
A request to form a group can be withdrawn, if a candidate or candidates in the group wish
to withdraw from that group. However, the notice to withdraw the group must be signed
by all the candidates who made the claim, signifying their agreement to dissolve the group.
The withdrawal notice must be received by the Returning Officer before 12:00 noon on
Nomination Day.
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A person who withdraws from a group remains a candidate in the election unless they
also withdraw their nomination as a candidate.
A Registered Officer or Deputy Registered Officer of a Registered Political Party cannot
withdraw a request to form a group.
A Withdrawal of a Request to form a Group LGBY.205 form is available from the
Returning Officer, the NSW Elections website or by calling the candidate call centre. Should
any of the candidates in the original group wish to form another group, all the candidates
in the new group must sign a new Request to form a Group LGBY.204 form and lodge it
with the Returning Officer by 12:00 noon on Nomination Day. If also requesting a
group voting square there must be the requisite number of candidates in the group.
Ungrouped candidates
Candidates who do not form a group with other candidates are called ‘ungrouped’
candidates. There is nothing printed on the ballot paper to identify them as ‘ungrouped’
candidates and they cannot have a group voting square for above the line voting.
Ungrouped candidates appear in a single column, at the far right hand side of the ballot
paper.
Example of Ballot Paper with Group Voting Squares
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Ballot paper formats
The format of the Councillor ballot paper will vary depending on the type of election and
whether candidates have formed into groups and have requested group voting squares.
Candidate’s names on ballot paper
A candidate’s surname and one given name will be printed on the ballot paper. The
surname will appear as it is on the electoral roll.
The given name can be:
• Any one of the candidate’s given names (as enrolled), or;
• A commonly accepted variation of the name (including an abbreviation or truncation
of that name or an alternative form of that name e.g.: Tom for Thomas, Jack for John,
Peggy for Margaret) or;
• A commonly used other name specific to the candidate by which the candidate is
usually identified. In this case the Returning Officer must be satisfied that the candidate
is usually identified by the proposed name; or
• An initial standing for any of the candidate’s enrolled given names can also be used. No
titles such as Dr, JP, etc. are permitted.
Party affiliation or ‘Independent’ on ballot paper
Candidates nominated by a Registered Political Party will have the registered name of the
party (or its registered abbreviation) printed on the ballot paper below their name and
below the group voting square (if requested).
Candidates not endorsed by a Registered Political Party may request to have
the word ‘Independent’ printed below their name on the ballot paper, or request not to
have ‘Independent’ printed on the ballot paper.
Directions for voting
The directions for voting are printed on the ballot papers.
To vote formally for Councillor, electors are required to indicate preferences for at least
half the number of Councillors to be elected (i.e.: If 10 to be elected, at least 5 preferences
must be shown; if 7 to be elected, at least 4 preferences must be shown for the vote to be
formal).
To vote formally for Mayor or a Councillor in a Local Government By-election with only
one civic officer to be elected, electors are required to indicate a first preference and may
indicate preferences for as many other candidates as they wish.
The directions printed on each ballot paper will specify the number of preferences required
for a formal vote.
In Example 1 - Mayor: In this example, electors are required to place the number 1 in the
square next to their preferred candidate. They can then, if they wish, show as many
preferences for as many other candidates as they like. If their preferred candidate is
not elected, those preferences may help to get another candidate elected.
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In Example 2 -Councillor No Groups: There are five Councillors to be elected. Electors are
required to place the numbers 1, 2 and 3 in the squares next to their three preferred
candidates. They can if they wish, show as many preferences for as many other candidates
as they like, in any order they like. If their preferred three candidates are not elected, those
preferences may help to get other candidates elected.
Example 3 - Councillor with Groups but no Group Voting Squares: Is a ballot paper where
some candidates have formed into groups and some have not. There are four Councillors
to be elected, so electors are required to place the numbers 1 and 2 in the squares next to
their two preferred candidates.
The elector can then, if they wish, give as many preferences for other candidates as they
like, in any order they like. If one or both of their preferred two candidates are not elected,
those preferences may help to get other candidates elected.
Example 4 - Councillor with Groups and Group Voting Squares: Is a ballot paper where
there are groups and group voting squares. This means that electors have the choice of
voting above the thick black line in the group voting squares, or below the line for
individual candidates. They cannot both vote in a group voting square and give preferences
to individual candidates below the line.
If voting above the line, electors only need to place the number 1 in the group voting
square above their preferred candidates. They can then, if they wish, show as many
preferences in as many other group voting squares as they like, in any order they like.
If voting below the line, the elector must vote for at least the number of candidates as
required by the directions for voting. There is no restriction as to how many preferences
are given by the elector to other candidates, as described above in Example 3.
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Example 1- Mayoral Ballot Paper:
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Example 2 - Councillor Ballot Paper with No Groups:
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Example 3 - Councillor Ballot Paper with Groups but No Group Voting Squares:
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Example 4 - Councillor Ballot Paper with Group Voting Squares:
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Political donations
Parties, groups, candidates and other election participants at a by-election are responsible
for understanding and complying with the rules for political donations set out in the
Electoral Funding Act and the Electoral Funding Regulation.
This chapter provides an overview of what parties, groups, candidates and other election
participants need to understand about who is responsible for the management and
disclosure of political donations and electoral expenditure and details of the requirements
for political donations.
For further information go to the NSWEC website or contact the candidate helpdesk.
Who is responsible for the management and disclosure of political
donations and electoral expenditure?
Political parties, groups, candidates and party agents must understand their responsibilities
for managing and disclosing political donations and electoral expenditure. If you have
previously been a candidate at an election you should be aware that the rules have changed
in relation to who is responsible and candidates and groups no longer have an official agent.
13.1.1 Political parties
Each political party, whether or not a registered party, is responsible for maintaining
complete and accurate records of the political donations and electoral expenditure of the
party and for the operation of the party’s campaign accounts.
It is a matter for each party to authorise individuals to accept political donations on behalf
of the party and to make payments for electoral expenditure from the campaign account of
the party.
The party agent of each party is responsible for the disclosure of the political donations
made and received and electoral expenditure incurred by the party.
13.1.2 Local government by-election candidates who are members of
a registered political party
A candidate who is a member of a registered party is responsible for the management and
disclosure of the candidate’s political donations and electoral expenditure.
The candidate is responsible for maintaining complete and accurate records of their political
donations and electoral expenditure of the candidate and for operating a campaign account
to deposit political donations made to the candidate, deposit any contributions made by the
candidate to their own campaign and pay electoral expenditure incurred by the candidate.
The candidate is responsible for the disclosure of political donations made and received and
electoral expenditure incurred by the candidate.
However, the party agent of a registered political party may consent to be responsible for
the political donations and electoral expenditure of a candidate who is a member of the
party. The NSWEC must be notified of an agreement between a party agent and a candidate
for the party agent to be responsible. For more information about a party agent consenting
to take on this responsibility, contact the candidate helpdesk.
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Where there is an agreement between the party agent and a candidate and the NSWEC has
been notified of that agreement, the party agent is responsible for maintaining complete
and accurate records of the political donations and electoral expenditure of the candidate
and for using the party’s local government campaign account to deposit political donations
made to the candidate, deposit any contributions made by the candidate to their own
campaign and pay electoral expenditure incurred on behalf of the candidate. The party
agent is also responsible for the disclosure of political donations made and received and
electoral expenditure incurred on behalf of the candidate.
13.1.3 Local government by-election candidates who are not members of a
registered political party
Each candidate who is not a member of a registered party is responsible for the
management and disclosure of their political donations and electoral expenditure.
The candidate is responsible for maintaining complete and accurate records of their political
donations and electoral expenditure of the candidate and for operating a campaign account
to deposit political donations made to the candidate, deposit any contributions made by the
candidate to their own campaign and pay electoral expenditure incurred by the candidate.
The candidate is responsible for the disclosure of political donations made and received and electoral expenditure incurred by the candidate.
13.1.4 Local government by-election group whose members are members of
a registered political party
The lead candidate group of a group is responsible for the management and disclosure of
the group’s political donations and electoral expenditure.
The lead candidate is responsible for maintaining complete and accurate records of the
group’s political donations and electoral expenditure and for operating a campaign account
to deposit political donations made to the group, deposit political donations made by the
group members to the group’s campaign and pay electoral expenditure incurred by the
group. The lead candidate is responsible for the disclosure of political donations made and
received and electoral expenditure incurred by the group.
However, the party agent of a registered political party may consent to be responsible for
the political donations and electoral expenditure of a group whose members are all
members of the party. The NSWEC must be notified of an agreement between a party agent
and a group for the party agent to be responsible. For more information about a party agent
consenting to take on this function, contact the candidate helpdesk.
Where there is an agreement between the party agent and a group and the NSWEC has
been notified, the party agent is responsible for maintaining complete and accurate records
of the political donations and electoral expenditure of the group and for using the party’s
local government campaign account to deposit political donations made to the group,
deposit any political donations made by the group members to the group’s campaign and
pay electoral expenditure incurred on behalf of the group. The party agent is also
responsible for the disclosure of political donations made and received and electoral
expenditure incurred on behalf of the group.
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13.1.5 Local government by-election groups whose members are not
members of a registered political party
The lead candidate of a group is responsible for the management and disclosure of their
political donations and electoral expenditure of the group where each group member is not
a member of a registered party.
The lead candidate is responsible for maintaining complete and accurate records of the
group’s political donations and electoral expenditure and for operating a campaign account
to deposit political donations made to the group, deposit any political donations made by
the group members to the group’s campaign and pay electoral expenditure incurred by the
group.
The lead candidate is responsible for the disclosure of political donations made and received and electoral expenditure incurred by the group.
Political donations
Political donations are strictly regulated at local government elections and penalties apply
for non-compliance. People who accept political donations must understand these rules
before accepting political donations.
13.2.1 What is a political donation?
A political donation has a different meaning for a party, candidate or other election
participant.
Parties and groups - A political donation is a gift made to, or for the benefit of a political
party or group.
Candidates - A political donation is a gift made to or for the benefit of a candidate, the whole
or part of which was used or is intended to be used by the candidate:
o solely or substantially for a purpose related to an election, or
o to enable the candidate to make, directly or indirectly, a political donation or
to incur electoral expenditure, or
o to reimburse the candidate for making, directly or indirectly, a political
donation or incurring electoral expenditure.
Others - A political donation is a gift made to or for the benefit of an entity or other person
(not being a party, elected member, group or candidate), the whole or part of which was
used or is intended to be used by the entity or person:
o to enable the entity or person to make, directly or indirectly, a political
donation or to incur electoral expenditure, or
o to reimburse the entity or person for making, directly or indirectly, a political
donation or incurring electoral expenditure.
A political donation includes:
o a monetary gift,
o a non-monetary gift,
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o the provision of a service at no charge, or at a discounted rate,
o a contribution, entry fee or other payment entitling a person to participate in,
or benefit from, a fundraising event where the amount paid forms part of
fundraising proceeds,
o annual or other subscriptions paid to a political party by a member of a party
or by a person or entity for affiliation with the party,
o a disposition of property:
• to a NSW party branch of a political party from the federal branch of the
party,
• to a NSW party branch of a political party from another State or Territory
party branch of the party, or
• from a political party to another party,
o uncharged interest on a loan i.e. the additional amount that would have been
payable by a lender if the loan had been made on terms requiring the payment
of interest at the generally prevailing interest rate for a loan of that kind, and
the interest payable had not been waived, and any interest payments were
not capitalised. A political donation is not:
o a gift to an individual made in a private capacity for his or her personal use,
o bequests,
o public funding payments made by the NSWEC to a political party, elected
member or candidate,
o a gift made solely for the purpose of a federal election or a member of the
federal parliament, or an election outside of NSW, or an elected member
outside of NSW. The NSWEC issues guidelines to give further examples of what is and is not a political
donation including information on the interest rates for loans. The guidelines are available
on the NSWEC website.
13.2.2 How can political donations be used?
Parties - Political donations can only be used by a party for the objects and activities of the
party, including:
o the administration of the party and community activities,
o electoral expenditure for State elections and local government elections,
o electoral expenditure for or on behalf of elected members, candidates or
groups of candidates who are members of the party. Candidates and groups - Political donations can only be used by a candidate or group:
o to incur electoral expenditure,
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o to reimburse a person for incurring electoral expenditure, or
o for making a donation to an elected member, group or a candidate (other
than a donation to those who are not endorsed by a political party).
13.2.3 Small political donations
A small political donation is a single donation of less than $1,000 made by a donor.
Small political donations include multiple small donations made by the same donor to
the same party, group or candidate in a financial year that in aggregate is less than
$1,000. There is an exception to the rule for the aggregation of multiple small political donations
made by a person to the same recipient in a financial year. A political donation that is $50
or less that is made by a person at a fundraising venture or function, where that was the
only political donation made by the person at the venture or function, the political
donation does not need to be aggregated with other political donations made by that
person to the same recipient in the financial year. If a small political donation is received by a party, group or candidate a record must be
kept of the donation. The value and number of small political donations are required to be
disclosed to the NSWEC.
13.2.4 Reportable political donations
A reportable political donation is a single donation of $1,000 or more made by a
donor. Small political donations made by the same donor to the same party, group or
candidate in a financial year that in aggregate are more than $1,000 are also
reportable political donations. If a reportable political donation is received by a party, group or candidate a record must
be kept of the donation and the donor and a receipt must be issued to the donor (or a
written acknowledgement for non-monetary donations). The receipt/acknowledgement
must include a statement advising the donor of the following:
If you make a political donation of $1,000 or more, you must complete and lodge a
declaration with the Electoral Commission in accordance with the Electoral Funding Act
2018. A political donation includes a contribution or entry fee or an annual or other
subscription. You must also disclose a political donation of less than $1,000 if the total
amount of political donations made by you in respect of the same party (or associated
entity), elected member, group, candidate, third-party campaigner or person in the
same financial year is $1,000 or more. Penalties apply for failing to lodge a declaration.
Parties – receipts/acknowledgments for reportable political donations are to be issued by
a person authorised by the party. Candidates and groups - receipts/acknowledgments for reportable political donations
are to be issued by the party agent, lead candidate of a group or an ungrouped candidate
(as applicable). The full details of all reportable political donations are required to be disclosed to the
NSWEC.
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13.2.5 Reportable loans A reportable loan is a loan that, if it had been a gift, would be a reportable political
donation. A loan includes an advance of money, the provision of credit or any other
transaction that in substance effects a loan of money. A person accepting a loan must keep the following records of a reportable loan (other than a loan from a financial institution):
o the terms and conditions of the loan, and
o the name and address of the entity or other person making the loan.
If a person or entity makes more than one loan to the same party, group or candidate
within a financial year, the loans are to be aggregated and treated as a single loan, and
each transaction in which credit is provided by the use of a credit card is taken to be a
separate loan. The details of reportable loans received must be disclosed to the NSWEC.
It is unlawful for a person to accept a reportable loan without keeping the records required
above.
13.2.6 Who can make a political donation? Only certain individuals and entities are eligible to make political donations in NSW:
o an individual enrolled to vote at federal elections or in NSW for State or
Local Government elections, or
o an entity with a business number recognised by the Australian Securities and
Investments Commission (e.g. ABN or ACN), or
o an individual or entity that has been approved by the NSWEC to make political
donations (to be approved to make political donations the individual or entity
must make an application to the NSWEC and provide identification using the
Application of Determination of Acceptable Identification Political Donor
(EF.708)).
o it is unlawful to accept a political donation from a person or entity who is not
eligible to make political donations.
13.2.7 Accepting political donations
Parties – political donations made to or for the benefit of a party can be accepted by any
person authorised by the party to accept political donations. Before accepting a political
donation, the party should ensure that the donor is eligible to make political donations
and the donation is not unlawful.
Political donations made to or for the benefit of a party that will be used by the party to
incur electoral expenditure for a local government election must be paid into the party’s
local government campaign account.
Any person who accepts a political donation on behalf of the party must provide the
details of the donation and the donor to the party for the purpose of the party keeping
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complete and accurate records and to enable the party to issue a receipt to the donor
(for a reportable political donation).
Candidates and groups - Political donations to or for the benefit of a candidate or group
cannot be accepted until the candidate or group is registered for the election with the
NSWEC (refer to Chapter 8 Registration of candidates and groups). Before accepting a
political donation, the party agent, lead candidate or ungrouped candidate (as applicable)
should ensure that the donor is eligible to make political donations and the donation is not
unlawful.
If the party agent is the person responsible for a candidate or group, the political
donations must be made to the party agent and be paid into the party’s local government
campaign account. The party agent must keep a complete and accurate record of each
political donation made to or for the benefit of a candidate or group and issue the donor
with a receipt if the donation is a reportable political donation.
If the candidate or lead candidate is responsible, the political donations must be paid by
the candidate or lead candidate into the campaign account of the candidate or group (as
applicable). The candidate or lead candidate must keep a complete and accurate record
of each political donation made to or for the benefit of a candidate or group and issue the
donor with a receipt if the donation is a reportable political donation.
13.2.8 Caps on political donations
Political donations are capped in NSW. Caps on political donations are adjusted each
financial year and are published on the NSWEC website. The current caps are:
o $6,300 to or for the benefit of a registered political party or group, and
o $2,800 to or for the benefit of an unregistered party, candidate, elected
member, associated entity or third-party campaigner.
For the purpose of the donation caps:
o political donations made by the same donor to the same recipient in a
financial year are to be aggregated,
o political donations made by the same donor to elected members, candidates
and groups of candidates endorsed by the same party in a financial year are to
be aggregated,
o donations made by the same donor to the same recipient in a financial year
are to be aggregated separately in relation to donations for local government
elections and donations for other purposes (including State elections).
There are a number of exemptions that apply to the caps on political donations:
o a political donation that is $50 or less that is made by a person at a fundraising
venture or function, where that was the only political donation made by the
person at the venture or function, the political donation does not need to be
aggregated with other political donations made by that person to the same
recipient in the financial year.
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o a party levy paid to a party by an elected member or a candidate who is a
member of the party,
o an annual or other subscription paid to a party by a member of the party, or
by an entity or other person for affiliation with the party, is exempt from the
donation caps, up to the following amounts:
o a party member - $2,000,
o a party affiliate whose subscription to the party is not based on the number of members of the affiliate - $2,000, and
o a party affiliate whose subscription to the party is based on the
number of members of the affiliate - $2,000 per member of the affiliate.
It is unlawful to accept a political donation if the donation exceeds the applicable cap on
donations. A political donation that exceeds the applicable cap on donations is not unlawful if it, or the
amount in excess of the cap, is paid into an account kept exclusively for federal election
campaigns. An individual who makes a political donation on behalf of a corporation that is related to
another corporation that has made a political donation to the same party, elected member,
group or candidate in the same financial year must disclose to the person accepting the
donation the following about the other corporation and its political donations:
o the name of the corporation making the political donation, and
o the names of the other corporations and the amounts of the political
donations made during that same financial year.
13.2.9 Self-funding
Contributions made by an ungrouped candidate to their own campaign are not political
donations and are not subject to donation caps. If a candidate is responsible for operating a campaign account, the contribution must be paid
into the campaign account. If a party agent is responsible for a candidate, the contribution
must be paid into the party’s local government campaign account by the party agent.
Contributions made to a group by a candidate who is a member of a group are political
donations and are subject to the donation caps and other donation rules.
13.2.10 Prohibited donors
Individuals and entities from certain industries are prohibited from making political
donations in NSW. It is unlawful for a:
o prohibited donor to make a political donation,
o person to make a political donation on behalf of a prohibited donor,
o person to accept a political donation from a prohibited donor or a person
on behalf of a prohibited donor,
o prohibited donor to solicit another person to make a political donation, and
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o person to solicit another person on behalf of a prohibited donor to make a
political donation.
A prohibited donor is:
o a property developer,
o a tobacco industry business entity,
o a liquor or gambling industry business entity,
o close associates of the above,
o and any industry representative organisation if the majority of its members
are prohibited donors.
For the detailed definitions of prohibited donors refer to Section 53 of the Electoral Funding
Act.
A political donation paid into an account kept exclusively for federal election campaigns
is exempt from the rules for prohibited donors.
13.2.11 Indirect campaign contributions
The following are indirect campaign contributions to a party, group or candidate:
o the provision of free or discounted office accommodation, vehicles,
computers or other equipment for use solely or substantially for election
campaign purposes,
o the full or part payment by a person of electoral expenditure for
advertising or other purposes incurred or to be incurred by the party,
group or candidate (or an agreement to make the payment), and
o the waiving of all or any part of a payment of electoral expenditure for
advertising incurred or to be incurred by a party, group or candidate. In relation to an indirect campaign contribution, electoral expenditure for advertising is taken to be incurred by a party, group or candidate if the advertising is authorised by the party, group or candidate.
An indirect campaign contribution does not include:
o volunteer labour or the incidental or ancillary use of vehicles or equipment of
volunteers,
o anything provided or done by a party for the candidates endorsed by the
party in accordance with arrangements made by the party agent of the
party,
o a payment made to a party, elected member or candidate from the
Election Campaigns Fund, Administration Fund or New Parties Fund. It is unlawful for a person to make or accept the following indirect campaign contributions:
o anything provided to or done for the benefit of a registered party valued at
more than $6,300,
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o anything provided to or done for the benefit of an unregistered party or
candidate valued at more than $2,800, taking into account the total value
of things provided or done by the same person over the same financial year. The above amounts are relevant to the 2018/19 financial year and are adjusted each financial
year.
13.2.12 Anonymous political donations
Before a person accepts a reportable political donation the person must either know the
name and address of the person who is making the donation or the person making the
donation must give the person accepting the donation the donor’s name and address. It is unlawful to accept a reportable political donation from an anonymous donor and if the
person accepting the donation has grounds to believe that the name and address given by
the person are not the true name and address of the donor the donation must not be
accepted.
13.2.13 Political donations to independent candidates
A party, or a group, candidate or elected member endorsed by a party, or an associated
entity of a party, must not make political donations to a candidate or group not endorsed
by that or any other party and the candidate or group must not accept the political
donation.
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Electoral expenditure
Parties, groups, candidates and other election participants at a by-election are responsible
for understanding and complying with the rules for electoral expenditure set out in the
Electoral Funding Act and the Electoral Funding Regulation.
This chapter provides an overview of what parties, groups, candidates and other
election participants need to understand about electoral expenditure.
The rules set out in Chapter 13 - Political Donations in relation to who is responsible for
the management and disclosure of political donations and electoral expenditure apply
for all electoral expenditure incurred in relation to the election.
For further information go to the NSWEC website or contact us.
What is electoral expenditure?
Electoral expenditure is expenditure:
o for or in connection with promoting or opposing, directly or indirectly, a
political party, or the election of a candidate or candidates, or
o for the purpose of influencing, directly or indirectly, the voting at an election.
Electoral expenditure is any of the following kinds:
o expenditure on advertisements in radio, television, the internet, cinemas,
newspapers, billboards, posters, brochures, how-to-vote cards and other
election material,
o expenditure on the production and distribution of election material,
o expenditure on the internet, telecommunications, stationery and postage,
o expenditure incurred in employing staff engaged in election campaigns,
o expenditure incurred for office accommodation for any such staff and
candidates (other than for the campaign headquarters of a party or for the
electorate office of an elected member),
o expenditure on travel and travel accommodation for candidates and
staff engaged in electoral campaigning,
o expenditure on research associated with election campaigns (other than in-
house research), and
o expenditure incurred in raising funds for an election or in auditing campaign
accounts.
Electoral expenditure also includes expenditure incurred in the use or acquisition of any of
the following items within a 10 week period that includes election day and which is
terminated (e.g. contract or lease)r disposed of within that period:
o a motor vehicle,
o motor vehicle accessories,
o a vessel or aircraft used for the purpose of navigation,
o televisions and radios,
o television and radio broadcasting equipment,
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o electronic equipment for recording sounds or visual images,
o photographic equipment,
o computers and associated equipment and computer software, or
o office furniture and equipment.
If there is a purchase and disposal of the property listed above electoral expenditure
includes only so much of the purchase price of the property that is not recovered in the
disposal of the property.
What is not electoral expenditure?
Electoral expenditure does not include:
o expenditure incurred substantially in respect of an election of members to a
Parliament other than the NSW Parliament,
o expenditure on factual advertising of:
o meetings to be held for the purpose of selecting a person for
nomination as a candidate for election,
o meetings for organisational purposes of parties, branches of
parties or conferences, committees or other bodies of parties
or branches of parties,
o any other matter involving predominantly the administration of
parties or conferences, committees or other bodies of parties or
branches of parties.
The NSWEC issues guidelines to give further examples of what is and is not electoral
expenditure. The guidelines are available on the NSWEC website.
Making payments for electoral expenditure
Parties – electoral expenditure incurred by a party for a local government by-election
campaign must be made from the party’s local government campaign account. The
expenditure can be paid by any person authorised by the party.
Any person who makes a payment for electoral expenditure from the party’s local
government campaign account must provide the details of the expenditure to the party for
the purpose of the party keeping complete and accurate records.
Candidates and groups – Payments for electoral expenditure cannot be made by or on behalf
of a candidate until the candidate is registered for the election with the NSWEC (refer to
Chapter 8 – Registration of Candidates and Groups).
If the party agent is the person responsible for a candidate or group, the electoral
expenditure must be made by the party agent from the party’s local government campaign
account. The party agent must keep a complete and accurate record of all electoral
expenditure incurred on behalf of a candidate or group. The electoral expenditure incurred
by a party agent on behalf of a candidate or group is separate to any electoral expenditure
incurred by the party for the purposes of the by-election.
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If the candidate or lead candidate is responsible, the electoral expenditure must be paid by
the candidate or lead candidate from the campaign account of the candidate or group. The
candidate or lead candidate must keep a complete and accurate record of all electoral
expenditure incurred by the candidate or group.
Caps on electoral expenditure
Electoral expenditure in connection with a local government election campaign is capped
during the capped expenditure period for the election. Caps on electoral communication
expenditure apply to parties and candidates.
It is unlawful for a party or candidate to incur electoral expenditure during the capped
expenditure period for the election that is in excess of the caps.
Electoral expenditure incurred for raising funds for an election and for auditing campaign
accounts are not subject to the caps on electoral expenditure.
14.4.1 What are the expenditure caps?
The expenditure caps applicable to local government by-elections are:
Category
Expenditure cap
A candidate for a local government area
that has more than 200,000 enrolled
electors
Candidates for all other local government
areas
$60,000
$40,000
Parties where more than one by-election is
held on the same day
$5,000 per area or ward (as applicable)
14.4.2 What is the capped expenditure period?
The capped expenditure period for a by-election starts on the day the by-election is first
publicly notified and ends on election day. The dates for the capped expenditure period for
a by-election are listed on www.elections.nsw.gov.au
14.4.3 When is electoral expenditure incurred?
For the purposes of the expenditure caps, expenditure is taken to be incurred when the
services are provided or the goods are delivered. For example:
o when the advertising is broadcast or published,
o when the electoral material is distributed, or
o the period of employment of election campaign staff. Even if payments for electoral expenditure are made outside of the capped expenditure
period, if the services are provided or the goods are delivered including the examples above,
during the capped expenditure period, the expenditure is subject to the caps.
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Campaign accounts and record keeping
Parties, groups, candidates and other election participants at a by-election are responsible
for understanding and complying with the rules for campaign accounts and record keeping
set out in the Electoral Funding Act and the Electoral Funding Regulation.
This chapter provides an overview of what parties, groups, candidates and other
election participants need to understand about operating a campaign account and
keeping records of political donations and electoral expenditure.
The rules set out in Chapter 13 – Political Donations in relation to who is responsible for
the management and disclosure of political donations and electoral expenditure apply to
the use of campaign accounts and keeping of records.
For further information go to the NSWEC website or contact us.
What is a campaign account?
A campaign account is an account that is required to be kept by a party for the making of
payments of electoral expenditure. A party’s campaign account may also be required to be
used by the party agent on behalf of candidates the party agent is responsible for.
A campaign account is also an account that is required to be kept by a candidate or group
for an election where the candidate or lead candidate is responsible for the management
and disclosure of political donations and electoral expenditure.
A campaign account is to be separate to any other accounts of the party, group or
candidate and must be held with a financial institution in Australian dollars.
There are no requirements under the Electoral Funding Act as to the name of a campaign account however a financial institution may require an account to be kept in the name of the party, group or candidate.
Local government campaign account of a party
A political party must keep a campaign account for a local government election campaign
before incurring electoral expenditure for a local government election. The campaign
account is known as the local government campaign account of the party. A separate
campaign account is to be kept by a party for electoral expenditure for a State election
called the State campaign account.
All electoral expenditure incurred by the party for the election must be paid from the
party’s local government campaign account. Other accounts kept by the party and
accounts kept by local branches of the party must not be used for payments of electoral
expenditure of the party.
The party may authorise any person to operate the party’s campaign account. When
opening a campaign account those people who have been authorised by the party to
operate the campaign account must also be authorised by the financial institution to
operate the account.
The following may be paid into the local government campaign account of a party:
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o political donations made to the party that do not exceed the applicable cap
on political donations to the party for a local government election (including
the proceeds of the investment or disposal of any political donation of
property for a local government election that is held as an asset of the
account),
o political donations paid to a party agent of the party on behalf of an
elected member, candidate or group where the party agent is responsible,
o contributions by ungrouped candidates to finance the candidates’ own
election campaigns (where the party agent is responsible),
o money borrowed by the party at any time for a local government,
o a bequest to the party, and
o money belonging to the party on 1 July 2016 (including the proceeds of the
investment or disposal of any other property belonging to the party on or
before that date). Other money may be paid into the local government campaign account in addition to the
above list except for the following which may not be paid into the local government campaign
account:
o a party subscription (membership or affiliation fee),
o an amount of a political donation to the party, elected member, group or
candidate that exceeds the applicable cap on political donations to the party,
elected member, group or candidate (where the party agent is responsible),
and
o payments made to the party by the NSWEC from the Election Campaigns Fund,
Administration Fund or New Parties Fund. For political donations that exceed the applicable cap on donations to a party, group or
candidate, the donation may first be deposited into the local government campaign account
but then the amount exceeding the cap must be paid into an account kept exclusively for
federal election campaigns.
The local government campaign account of a party can also be used to make payments for
other expenditure (except electoral expenditure for State elections).
Campaign account for a candidate or group where the party
agent is responsible
If a party agent is responsible for a candidate or group, the candidate or group is not
permitted to keep a campaign account for the election. The party’s local government
campaign account must be used to:
o deposit any contributions made by an ungrouped candidate to finance their
own campaign, and
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o deposit any political donations made to or for the benefit of the candidate
(including any political donations made for the benefit of a group by a member
of the group), and
o make payments for electoral expenditure on behalf of the candidate or group. Political donations made to or for the benefit of a candidate or group, that are used to make
payments for electoral expenditure on behalf of the candidate or group (or to reimburse a
person for electoral expenditure incurred), must be paid into the party’s local government
campaign account by the party agent and the payments must be made by the party agent
from the party’s local government campaign account. All electoral expenditure of the candidate or group must be paid from the party’s local
government campaign account and it must be paid for by the party agent. Electoral
expenditure paid on behalf of a candidate or group can only be paid using:
o contributions made by an ungrouped candidate to finance their own campaign,
o political donations made to the group by members of the group, or
o political donations made to or for the benefit of the candidate or group. Minor payments of electoral expenditure of $50 or less (and no more than $1,000 in total in
an election period) can be paid for outside the campaign account. A record must be kept by
the party agent in the petty cash book that is required to be kept. The party agent can appoint
a person to make payments from the party’s local government campaign account on behalf
of a candidate or group. The party agent should keep a written record of the appointment.
Electoral expenditure of the party for a local government area or ward paid from the party’s
local government campaign account is separate to any electoral expenditure paid from the
account by the party agent on behalf of the candidate or group for the candidate or group’s
campaign.
The party agent must be authorised to operate the party’s local government campaign
account for these purposes and must have access to the bank statements for the purposes
of keeping complete and accurate records.
Campaign account of a candidate or group where the candidate is
responsible
If a candidate or lead candidate is responsible for managing the political donations and
electoral expenditure, a campaign account is required to be kept for the candidate or group
in the following circumstances:
o reportable political donations have been received by the candidate or
group in the period from 30 days after the last general election for the local
government area to 30 days after the by-election, or
o the total amount of electoral expenditure incurred by the candidate is $1,000
or more in period from 30 days after the last general election for the local
government area to 30 days after the by-election.
The candidate or lead candidate must be authorised with the financial institution to
operate the account and must operate the account.
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Political donations made to or for the benefit of a candidate or group that are used to make
payments for electoral expenditure for the candidate or group, must be paid into the
campaign account and the payments must be made from the campaign account.
Other uses for the campaign account include:
o deposit contributions made by an ungrouped candidate to finance their own
campaign,
o deposit political donations made to a group by members of the group,
o deposit political donations made to or for the benefit of the candidate or group,
o to make payments for electoral expenditure for the candidate or group,
o reimburse the candidate or group member for money paid into the account by
the candidate or group member, or
o to make political donations to elected members, groups or candidates who
are members of the same party as the candidate or group members.
Electoral expenditure of a candidate or group can only be paid using:
o contributions made by an ungrouped candidate to finance their own campaign,
o political donations made to the group by members of the group, or
o political donations made to or for the benefit of the candidate or group.
Minor payments of electoral expenditure of $50 or less (and no more than $1,000 in total in
an election period) can be paid for outside the campaign account. A record must be kept in
the petty cash book that is required to be kept.
The candidate or lead candidate can appoint a person to make payments from the campaign
account and to deposit political donations made to or for the benefit of the candidate or
group. The person appointed should then be authorised by the financial institution to
operate the campaign account. A written record of the appointment should be kept.
When the account is no longer required it may be closed. Any amount remaining in the
campaign account must be paid:
o to the party of which the candidate was a member at the time the candidate
contested the election, or
o to the campaign account of the group of which the candidate was a member,
or
o to a charity nominated by the candidate. Records must be kept of the bank statements from the account for the purpose of a
compliance audit that will be undertaken by the NSWEC.
Record keeping
Complete and accurate accounting and financial records must be kept by parties, party
agents, lead candidates and candidates for at least 3 years in order to for political donations
and electoral expenditure to be properly disclosed.
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The following people and entities are responsible for keeping records of political
donations and electoral expenditure:
o a party is responsible for keeping the party’s records,
o a party agent on behalf of a candidate or group for whom the party agent is
responsible is responsible for keeping the group or candidate’s records,
o a lead candidate is responsible for keeping the records of the group where
there is no party agent responsible, and
o a candidate who does not have a party agent responsible, is responsible for
keeping their own records.
Accounting records may be kept in paper or electronic form. If records are kept in electronic
form the records must comply with the requirements for keeping paper records to the
extent the requirements can be reasonably complied with.
If accounting records are kept in electronic form the responsible person must ensure that:
o entries appear in chronological sequence, and
o all entries are numbered sequentially in a manner that enables the
completeness of the records to be conveniently verified, and
o no amendment to the particulars of a transaction already recorded can be
made otherwise than by a separate transaction effecting the amendment,
and
o a back-up copy of all records that are less than 3 years old must made at least
once a month, and
o the most recent back-up copy must be kept in a separate location so that
any incident that might adversely affect the records would not affect the
back-up copy.
15.5.1 Political party records
Political parties are required to keep the following accounting records at the party’s
headquarters in NSW:
o a receipt book for monetary reportable political donations,
o an acknowledgement book for non-monetary reportable political donations,
o a deposit book,
o a cash book, or a receipts cash book and payments cash book,
o a cheque book,
o a journal, and
o a ledger. If a party wishes to keep an alternative system of accounts approval must be sought from
the NSWEC.
15.5.2 Candidate and group records
The person responsible for a candidate or group is required to keep the following accounting
records in relation to the candidate or group’s election campaign:
o a receipt book for monetary reportable political donations,
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o an acknowledgement book for non-monetary reportable political donations,
o a cheque book,
o a petty cash book, and
o a cash book, or a receipts cash book and payments cash book. If a party agent is responsible for more than one candidate or group, separate records must
be kept for each candidate or group.
15.5.3 Receipt and acknowledgement books The NSWEC provides candidates and groups (and party agents where they are responsible)
with receipt and acknowledgement books for reportable political donations received. To
request a receipt/acknowledgement book contact the candidate helpdesk. Each receipt/acknowledgment comes in triplicate form: the original must be given to person
who made the reportable political donation, the duplicate is to be kept by the person
responsible for their records and the triplicate is to stay in the book and be sent back to the
NSWEC when the person discloses political donations to the NSWEC. Each receipt/acknowledgement contains a statement to advise the donor of their
obligation to disclose the political donation to the NSWEC. Parties can use their own form of receipts and acknowledgements for reportable political
donations as long as they comply with the requirements of the Electoral Funding
Regulation.
15.5.4 Deposit book (applies to parties) The deposit book must contain deposit forms in duplicate for the financial institution at which
the party’s account is kept. The following must be entered on each form:
o the date of the deposit,
o the amount of the deposit,
o the form (cash, cheque or postal order) of the deposit,
o in the case of a deposit by cheque, the name of the drawer of the cheque.
A carbon impression of the deposit must be made on the duplicate form which must be
retained by the party. The party must ensure that:
o the deposit book is produced to the financial institution at the time of
making a deposit of a political donation, and
o the details referred to above are entered on each deposit form at the time of
making the deposit, and
o the carbon impression of each complete deposit entry must be initialed by
an officer of the financial institution and is stamped with the stamp of that
financial institution.
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15.5.5 Petty cash book (applies to candidates and groups) The petty cash book is used for recording cash payments for items of expenditure of $50 or
less including those payments made outside of the campaign account.
15.5.6 Cash book, or a receipts cash book and payments cash book The cash book must be a book or books, with consecutively numbered sheets. The
consecutive numbers of receipts issued or cheques drawn must be shown on the respective
sheets. If the loose-leaf principle is used, separate sheets can be kept for the receipts cash
book and the payments cash book, and it is not necessary to number the sheets
consecutively. As soon as possible after a transaction the following details must be entered in the cash book:
o on the receipts side of the cash book, on the receipts cash sheets or in the
receipts cash book – details of all money received by way of political
donations, and
o on the disbursements side of the cash book, on the payments cash sheets
or in the payments cash book - details of all money disbursed by way of
electoral expenditure. At the end of each month, the cash book or books must be balanced and the balance
carried forward to the commencement of the next month and in the case of a party, to a
ledger account provided for that purpose. At the end of each month:
o the entries in the cash book or books must be compared with the statement
of the financial institution where the account is kept, and
o amounts credited to the account and appearing in the relevant statement
for which no receipt had been written and amounts debited to the account
and appearing in the relevant statement for which no cheque had been
drawn must be entered in the cash book or books. Any necessary reconciliation (showing the balance in the account as indicated in the
relevant statement, and adding any money received but not banked and deducting any
cheques drawn but not presented for payment) must be entered in the cash book at the
end of the entries for the month.
15.5.7 Journal (applies to parties) As soon as possible after each transaction, the party must enter in the journal details of:
o the value of any interest in property donated to the party, and
o details of any interest in property disposed of by the party otherwise than for
money, and
o all adjustments to be made to accounts in the ledger, and
o all transfers to be made from one ledger account to another, and
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o all other transactions affecting any ledger account which are not posted or to
be posted from the cash book to the ledger, being transactions relating to
political donations received or electoral expenditure incurred. The details of each entry in the journal must be sufficient to identify the transaction in
respect of each entry and the reason for that entry.
15.5.8 Ledger (applies to parties) The ledger must contain details of all political donations received and electoral expenditure
incurred.
The details must, if taken in conjunction with other details in the receipt book, cash book or
books and journal, be sufficient to identify the transaction in respect of which the political
donation was received or the electoral expenditure incurred. Each entry in the cash book or books relating to a political donation received or an electoral
expenditure incurred must be posted as soon as practicable to the appropriate account in the
ledger. Against each entry in the ledger account there must be recorded:
o a reference to the folio of the cash book from which the entry is posted, or
o if the cash book is kept on the loose-leaf principle, a reference to the receipt
number or cheque number. Each entry in the journal relating to a political donation received or an electoral expenditure
incurred must be posted as soon as practicable to the appropriate account in the ledger. There must be recorded against each entry in the ledger account a reference to the folio of
the journal from which the entry is posted, preceded by the letter “J”. At the end of each month, each account in the ledger must be balanced and the balance (if
any) must be carried forward to the commencement of the next month.
15.5.9 Records of DVDs, video tapes etc The following applies to any DVD, video tape, film, transparency or electronic video file that
is used:
o for the purposes of an advertisement appearing on television or at a cinema,
and
o at the direction, or with the approval, of a party, group or candidate. The party or candidate must keep any such DVD, video tape, film, transparency or electronic
video file for 12 months after the advertisement was last broadcast. The NSWEC may ask to view a copy of the DVD etc for the purpose of undertaking a
compliance audit or investigation.
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15.5.10 Records of other advertising The following applies to any electoral expenditure for advertising which is incurred by a
party, group or candidate. The party, group or candidate must keep advertising material for
3 years after the advertising was last distributed:
o a copy of the text of any radio or internet advertisement or a copy of the radio
or internet advertisement,
o if the expenditure is incurred in respect of an advertisement in one or more
newspapers or periodicals:
• the full page of the newspaper or periodical in which the advertisement is
displayed, and
• a statement identifying the advertisement and listing the name of each
newspaper and periodical in which the advertisement was published, the
size of the advertisement and the date of each publication, o if the expenditure is incurred in respect of other printed election campaign
material, a copy of each printed item.
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Disclosure of political donations and electoral expenditure
Parties, groups, candidates and other election participants at a by-election are responsible
for understanding and complying with the rules for disclosing political donations and
electoral expenditure set out in the Electoral Funding Act and the Electoral Funding
Regulation.
This chapter provides an overview of what parties, groups, candidates and other election
participants need to understand about disclosing political donations and electoral
expenditure.
If you have previously contested an election in NSW you should be aware that the disclosure
rules changed on
1 July 2018 including the frequency of disclosures; and disclosures are now not required to
be sent to a registered auditor before they are submitted to the NSWEC.
The rules set out in Chapter 13 – Political Donations in relation to who is responsible for the
management and disclosure of political donations and electoral expenditure apply to
disclosing political donations and electoral expenditure.
For further information go to the NSWEC website or contact us.
What is disclosure?
A disclosure is the reporting of information to the NSWEC related to:
o political donations received and made, and electoral expenditure incurred by
parties, groups, candidates, elected members and associated entities,
o electoral expenditure incurred during a capped expenditure period and political
donations received by third-party campaigners to pay for that electoral
expenditure, and
o reportable political donations made by major political donors.
Disclosures are made in a declaration that is similar to a statutory declaration in that the
person making the disclosure must declare that all that is required to be disclosed has been
disclosed. It is an offence to fail to submit a disclosure by the deadline, make a false
statement in the declaration or make an incomplete disclosure without a reasonable excuse.
Disclosures made to the NSWEC are published on the NSWEC website. Including the names
and addresses of those who make reportable political donations. If you are a silent elector
and you have made a reportable political donation contact us to ensure your address is not
published on the website.
What are the disclosure requirements for a by-election?
The following types of disclosures apply in relation to a by-election:
o half-yearly disclosures of political donations,
o annual disclosure of electoral expenditure, and
o annual disclosure of reportable political donations (donors only).
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Half-yearly disclosures of political donations
All political donations must be disclosed every six months.
o Parties, elected members, candidates, groups and associated entities must
disclose all political donations made and received every six months.
o Third-party campaigners must disclose all political donations received for the
purpose of incurring electoral expenditure during the capped expenditure
period for the election (except those disclosed in a pre-election disclosure).
o The half-yearly periods are: 1 January to 30 June and 1 July to 31 December.
o Disclosures must be made within 4 weeks of the end of each half-yearly
period: 28 July and 28 January.
o Even if you have not made or received any political donations during the
half-yearly period you must make a disclosure.
o Copies of the receipts/acknowledgements issued to donors who made a
reportable political donation must be provided with the disclosure.
o Donors are not required to make pre-election disclosures.
Annual disclosures of electoral expenditure
Electoral expenditure incurred must be disclosed on an annual basis following the end of each
financial year.
o Parties, elected members, candidates, groups and associated entities
must disclose all electoral expenditure incurred annually.
o Third-party campaigners must disclose all electoral expenditure
incurred during the capped expenditure period for the election.
o The annual period starts 1 July and ends 30 June.
o Electoral expenditure incurred must be disclosed within 12 weeks after the end
of the annual period: 22 September.
o Even if you have not incurred any electoral expenditure during the annual
period you must make a disclosure.
o Copies of either the accounts or receipts (or a mixture of both) issued in
respect of the expenditure must be provided with the disclosure.
o Copies of any advertising material to which expenditure relates, except online
advertising material if the cost of the transaction for the advertising material
did not exceed $20, must be provided with the disclosure.
o Donors are not required to make annual disclosures of electoral expenditure.
Annual disclosures of reportable political donations made by
donors
A person or entity (other than a party, elected member, group or candidate) that makes a
reportable political donation of $1,000 or more during an annual period must make a
disclosure of all reportable political donations made in the annual period. The annual period starts 1 July and ends 30 June each year. Annual disclosures of reportable
political donations made by major political donors are due within 4 weeks of the end of the
financial year, which is 28 July.
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If you receive a reportable political donation you must issue the donor with a
receipt/acknowledgement that includes a statement advising the donor of their disclosure
obligation. This can assist donors in making their disclosures on time.
How to make disclosures
Disclosures are made using disclosure forms that are available on the NSWEC website. The
forms are available during the period in which the disclosures must be made to the NSWEC.
Disclosure forms must be completed and signed by the person responsible:
o A party – the party agent;
o A candidate who is a member of a registered party and who has entered into
an agreement with the party agent of the party and the NSWEC has been
notified – the party agent;
o All other candidates – the candidate (including a candidate who is a member of
a group)
o A group, where each group member is a member of a registered party and
the group has entered into an agreement with the party agent of the party
and the NSWEC has been notified – the party agent;
o All other groups – the lead candidate of the group;
o A third-party campaigner – the campaigner’s official agent;
o An associated entity – the entity’s official agent; and
o A major political donor – the donor.
Disclosure forms can be submitted to the NSWEC by mail, fax, email or hand delivered.
Relevant supporting documentation must be provided with disclosures including
receipt/acknowledgement books, copies of accounts or receipts for electoral expenditure
and copies of electoral material. Parties must also provide its financial records and bank
statements with the disclosure for the half-yearly period ending 30 June.
Disclosure forms must be submitted by the relevant due date. Penalties apply (including
fines and prosecution) for failing to make disclosures on time. If you are unable to submit a
disclosure form on time you may request an extension before the due date. The NSWEC can
only approve an extension if there are sufficient reasons to justify the extension.
Can I amend a disclosure after it is submitted?
Yes. To amend a disclosure form you previously submitted to the NSWEC use the relevant
amended declaration form available on the NSWEC website.
What happens after a disclosure is made?
The disclosure form is scanned by the NSWEC and published to the NSWEC website.
The NSWEC undertakes compliance audits of the disclosures to ensure they comply with
the requirements of the Electoral Funding Act. As part of a compliance audit, the person
responsible for making a disclosure must assist the NSWEC as required.
Disclosures are retained for six years and are made available for inspection to the public.
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Election advertising
The Local Government Act 1993 regulates the content, size, type and placement of
electoral material. Candidates and their workers must be aware of the rules regarding
electoral material to avoid breaking the law.
Political parties, candidates, their workers, individuals, organisations or community groups
must also comply with any other legal obligations such as complying with local government
(Council) requirements.
What is electoral material?
Electoral material is a how-to-vote card, a poster, an advertisement or anything else
containing electoral matter.
What is electoral matter?
Generally, any matter capable of affecting the result of an election or capable of influencing
an elector in casting a vote such as the name of a candidate or political party, photograph,
drawing, or image of a candidate.
On Election Day only, electoral matter also includes reference to or comment on an
election; a Council or Councillor, or a previous Council or Councillor; the government or a
previous government, the opposition or a previous opposition or a member or former
member of parliament of any state, territory or the Commonwealth; a political party or
branch or division of a party or a candidate in an election; or any matter in connection with
an election.
The regulated election period
The regulated election period begins on the day of the close of rolls and ends at
6:00pm on Election Day.
The NSWEC, the Electoral Commissioner and the Returning Officer has no role in dealing
with any complaints regarding electoral material displayed or distributed before the day of
the close of the rolls.
From the day of the close of the rolls, the directions for voting printed on any electoral
material, must be consistent with the requirements for a formal vote and show the name
and address of the person authorising the material and the name and address of the printer
of the material.
Non-complying electoral material
During the regulated election period, electoral material does not comply with the
legislation if it:
• Does not contain the name and address of the person authorising the electoral
material; or
• Does not contain the name and address of the printer of the electoral material; or
• Contains voting directions that are misleading; or
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• Contains untrue or incorrect statements; or
• Contains incorrect or misleading information about a person’s candidature for an
election; or
• Uses the name of a Registered Political Party in a way that is likely to be misleading;
or
• Uses the word ‘Independent’ and the name of a Registered Political Party
suggesting an affiliation with that party; or
• Uses voting directions contrary to the directions on the ballot paper, or that suggest
a ballot paper be left blank, be written on, or that preferences be repeated or
omitted; or
• Could result in an elector voting informally; or
• Suggests voting is not compulsory (except for a Council Poll); or
• Contains words or matter that are obscene or offensive
In addition, a how-to-vote card does not comply with the legislation if:
• In respect to a Registered Political Party, the party has not endorsed a
candidate for the election, or the voting directions give a preference to a
candidate not endorsed by it before giving preferences to its endorsed candidates;
or
• In respect to candidates in a group, the voting directions give a preference to a
candidate not in the group before giving preferences to all the candidates in the
group; or
• In respect to a candidate not in a group, the voting directions do not give the first
preference to that candidate; or
• It has directions as to how-to-vote in group voting squares and directions for voting
for candidates but does not show preferences for all the candidates in the group or
shows candidates in a different order to the ballot paper; or
• In respect to voting directions not using group voting squares that do not
explicitly show preferences for at least half the number to be elected, and does
not give directions stating the number of preferences required for a formal vote; or
• The voting directions relate to two or more Council areas
Posters
Candidates, Registered Political Parties and others may use posters in support of
election campaigns, Referendums or Polls.
During the regulated election period all posters must show the name and address of the
person authorising the poster, and the name of the printer and the address at which it was
printed. These requirements give authenticity to the document and allow the source or
printer to be contacted, if necessary.
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This provision applies whether a poster is displayed on a building, a motor vehicle,
attached to a wooden stake or is in banner form.
It is an offence to write, draw or depict any electoral matter directly on any roadway,
footpath, building, vehicle, vessel, hoarding or place.
17.5.1 Pre-poll
A person must not display a poster of any size in or on a building used as a pre-poll voting
centre, or within six metres of the entrance to the pre-poll voting centre.
17.5.2 Election day
Posters at polling places:
• A person must not, on Election Day, display or cause to be displayed any poster of
any size; within a polling place, or
• Within six metres of an entrance to a polling place, or
• On the exterior of a building used as a polling place.
Posters in grounds of enclosure of polling places:
A person must not, on Election Day, display or cause to be displayed any poster exceeding
8,000 square centimetres in area within the grounds of an enclosure in which a building
used for polling is situated, and not within six metres to the entrance of the polling place.
Posters on boundary of enclosure of polling places:
A person must not, on Election Day, display or cause to be displayed any poster exceeding
8,000 square centimetres in area on the outer wall, fence or other boundary of the grounds
of an enclosure in which a building used for polling is situated.
Grounds of enclosure:
• If a building used as a polling place is situated in grounds within an enclosure, and
• The Electoral Commissioner has determined the building is the polling place, the
grounds are not, then the building is taken to be the polling place unless a notice to
the contrary is displayed during the hours of polling.
Posters are not to be exhibited on or in unoccupied premises unless permission has first
been obtained from the owner, and it is also unlawful to attach posters to telegraph poles
without the written consent of the appropriate electricity provider.
If the Returning Officer receives a complaint concerning an illegal poster outside a polling
place, the candidate or Registered Political Party will be contacted and requested to arrange
for its removal.
Election officials and the police are empowered to remove and retain non-compliant
posters displayed at a polling place on Election Day.
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During the regulated election period posters of any size may be exhibited at the office or
committee room of a candidate or a political party or at the electoral office of a Member
of Parliament.
No Restrictions outside the Fence or Boundary of the Grounds:
Canvassing for votes
17.6.1 Pre-poll
A person must not canvass for votes in a pre-poll voting office (canvassing includes
distributing electoral material).
It is also an offence to canvass for votes using a loud speaker, amplifier or similar
broadcasting device that can be heard within a pre-poll voting office.
17.6.2 Election day
On Election Day, it is an offence to canvass for votes within a polling place or within six
metres of the entrance to a polling place or to use a loud speaker, amplifier or similar
broadcasting device that can be heard within a polling place or within six metres of the
entrance to a polling place.
Misleading information
It is an offence to print, publish or distribute electoral material which misleads electors in
the proper method of casting a vote (e.g.: directing that two candidates each be
given a first preference vote) and it is an offence to encourage an elector to vote using a
tick or a cross. Any directions for voting printed on any material must be consistent
with the requirements for a formal vote as printed on the ballot paper.
These provisions do not extend to the truth or otherwise of statements seeking to influence
electors in deciding for which candidate or party they should vote.
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It is illegal for candidates and parties to print publish or distribute electoral advertising
material which uses the name, abbreviation, derivative or acronym of the name of a
Registered Political Party in a way which may mislead an elector.
A candidate is not permitted to distribute election advertising material marked with the
printed logo of a Registered Political Party in a fashion which could lead electors to think
the candidate was endorsed unless written approval to use the logo has been given by the
Registered Officer of the party.
It is illegal to use the word ‘Independent’ and the name, abbreviation, derivative or acronym
of a Registered Political Party in a way that suggests or indicates an affiliation with that
party. For example, independent candidates cannot describe themselves as ‘Independent
Liberal’ or ‘Independent Labor’.
Authorisation of electoral material
During the regulated election period (i.e.: The day of the close of rolls up to 6:00pm
Election Day) all electoral advertising material (advertisements, how-to-vote cards,
handbills, pamphlets, posters or notices) must include details of the name and full address
of the person authorising the printing of the material, and the name of the printer and the
full address at which it was printed.
Where candidates or Registered Political Parties print material using their own resources
they should print at the bottom of the material:
Authorised and Printed by: (name) of (address)
If electoral material is printed at a candidate’s home they must show their residential
address as the printer’s address. A Post Office box as the address is acceptable for use
by the person authorising the material but it is not acceptable as the printer’s address.
The printer’s address must be a street address and suburb/town.
It is acceptable for electoral material found not to originally include this information
to be amended by writing, stamping or overtyping the necessary details.
Advertisements placed in newspapers require the details of the name and address of the
person authorising the material, but do not require the inclusion of details of the printer
as long as these details appear on the newspaper.
Posters on power poles
Posters must not be displayed on or within premises unless the person is the owner (or a
joint owner) of the premises or the person has obtained written permission to display
the poster on or within the premises from the owner (or joint owner). The term ‘premises’
is defined to include ‘a shed or other structure’. The prohibition, therefore, applies to
posters on electricity power supply poles and, hence, a person who posts up a poster on
such a pole without obtaining the written consent of the owner contravenes the Local
Government Regulation.
The power to remove and confiscate posters conferred on election officials is limited to
non-complying posters within a polling place or pre-poll venue, or within 6 metres of the
entrance to a polling place of pre-poll venue.
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A police officer may remove or cause to be removed any poster in contravention of the LG
Regulation.
Advertising in the electronic media
There is no prohibition of political advertising on radio and television prior to Election Day.
Advertisements on electronic billboards, digital signs
During the regulated election period, a person must not display any electoral matter on
electronic billboards, digital road signs or other similar devices unless the matter contains
the name and address of an individual who authorised the display in visible, legible
characters.
Publication of paid electoral advertisements on the
internet
A person must not, during the regulated period, publish an advertisement containing
electoral matter on the internet, or cause, permit or authorise such an advertisement to
be published, if:
• the advertisement is paid for by the person or another person
• the name and address of an individual who authorised the advertisement do not
appear within the advertisement.
A person does not commit the offence if the person establishes that the matter published
on the internet forms part of a general commentary on a website.
In addition, if any person during the regulated election period, prints from a website or
the internet and then distributes one or more pages of electoral matter that is intended,
calculated, or likely to affect, or is capable of affecting, the result of an election, then those
printed pages must comply with the requirements of the Act ie: show details of the
authoriser and printer as previously described above.
Additionally, if those printed pages are to be distributed on election day they must be
registered with and approved by the Electoral Commissioner.
T-shirts, lapel badges, balloons, etc.
T-shirts, lapel badges, balloons, pens, etc. are exempt from the above requirements,
that is, authoriser and address details do not have to be supplied, and these items are not
required to be registered for distribution on Election Day.
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Registration of electoral material for distribution on election day
Examples of acceptable electoral material are available on the NSW Elections website
www.votensw.info.
Electoral material to be registered for election day
On Election Day:
• All electoral material to be distributed on Election Day, including how-to-vote
cards, must have been registered with the Electoral Commissioner between 12:00
noon on Nomination Day and 5:00pm on the Friday 8 days prior to Election Day;
• Posters are not required to be registered;
• All registered electoral material can be inspected at the Returning Officer’s
office between 8:00am and 6:00pm on Election Day, by an elector enrolled in the
Council area or a scrutineer;
• It is an offence to distribute unregistered electoral material in any public place on
Election Day and any unregistered electoral material may be confiscated by an
election official;
• No electoral material can be distributed within six metres of the entrance to a
polling place;
• Material is deemed to be distributed if it is left in a position where it can be read or
collected by any person;
• An application to register electoral material for a particular area may be made in
respect of any one or more of:
• An election of Councillors;
• An election of Mayor; and
• Referendums and/or Polls.
How to register electoral material
Registered Political Parties, groups, candidates, and other persons or organisations can
register electoral material, including how-to-vote material for Election Day. Details
regarding the application for Registration of Electoral Material is available on the NSW
Elections website www.elections.nsw.gov.au Applicants are required to complete the
Application To Register Electoral Material (How to Vote Cards) For Distribution On Election
Day LGBY.212and provide a copy of the electoral material to be registered.
Once the electoral material has been received, NSWEC staff will check the material. If the
electoral material is approved, the applicant will receive an approval notification. If the
electoral material is not approved, the applicant will be contacted by the NSWEC.
Returning Officers have no role to play in the registration process.
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Electoral material registered in a language other than English
An English translation must be provided, and must be lodged at the same time as the
electoral material to be registered. The applicant must certify that the English version
is an accurate translation of the other language(s).
Missed deadline for registering electoral material
If the deadline for registering electoral material is not met, the electoral material cannot
be distributed on Election Day. It is an offence under the Local Government Act 1993 to
distribute unregistered electoral material on Election Day.
However, the electoral material may be distributed up to midnight on the Friday before
Election Day, as this material does not require registration. The materials must still meet
legislative requirements previously outlined, that is:
• Name and address of the authoriser must be included;
• Name and address of the printer must be included;
• Must not be misleading in casting a formal vote; and
• Must not contain words that are obscene or offensive, etc.
Printing material prior to approval
It is strongly advised that Registered Political Parties, groups, candidates, and other persons
or organisations do not print electoral material for distribution on Election Day prior to
receiving approval from the Electoral Commissioner.
Electoral material distributed on election day
Not all registered electoral material must be distributed on Election Day. For example, a
person may have registered and received approval from the Electoral Commissioner for
five items of electoral material. On Election Day, they may choose to hand out only three
of those items.
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Voting before and on election day
Postal votes
An eligible electors may apply for a postal vote if he or she:
• Will not be within his or her Council area or ward on Election Day;
• Will not be within eight kilometres of any polling place within his or her Council
area or ward on Election Day;
• Will be travelling under conditions which will preclude him or her from voting on
Election Day;
• Is seriously ill or disabled and is unable to attend a polling place on Election Day;
• Is prevented by approaching maternity from attending a polling place;
• Is unable to vote in person on Election Day by reason of their membership of a
religious order or their religious beliefs;
• Is in a correctional centre;
• Will be at a place other than a hospital caring for a person who requires care for
medical reasons;
• Will be working throughout the hours of polling; or
• Is a silent elector
• Is a person with a disability (within the meaning of the Anti-Discrimination Act
1977), or
• Believes that attending a polling place on Election Day will place the personal safety
of the person or of members of the person’s family at risk
Postal vote application forms are available from:
• The NSW Electoral Commission website www.elections.nsw.gov.au; or
• The Elector Enquiry Centre by phoning 1300 135 736; or
• The Returning Officer’s office
Postal vote applications must be completed and received by the NSWEC no later than
5:00pm on the Monday prior to Election Day.
The issuing of postal ballot papers will commence as soon as ballot papers are
printed and received by the Postal Voting Centre which will be approximately 3 weeks
prior to Election Day.
Completed postal ballot papers, returned by electors, must be received by the
respective Returning Officer no later than 6:00pm on the Monday after Election Day.
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General postal voters
Eligible electors can apply up until 6:00pm on the day of the close of rolls to be registered
as a general postal voter, which means that they will not need to make a separate Postal
Vote Application and will automatically receive their ballot papers.
Pre-poll votes
An elector may apply for a pre-poll vote if he or she:
• Will not be within his or her Council area or ward on Election Day;
• Will not be within eight kilometres of any polling place within his or her Council
area or ward on Election Day;
• Will be travelling under conditions which will preclude him or her from voting on
Election Day;
• Is unable to vote in person on Election Day by reason of his/her membership of a
religious order or their religious beliefs;
• Will be at a place other than a hospital, caring for a person who requires care for
medical reasons;
• Is a person with a disability (within the meaning of the Anti-Discrimination Act
1977) and is unable to attend a polling place on Election Day;
• Is prevented by approaching maternity from attending a polling place;
• Will be working throughout the hours of polling; or
• Is a silent elector;
• Is a person with a disability (within the meaning of the Anti-Discrimination Act
1977); or
• Believes that attending a polling place on Election Day will place the personal safety
of the person or of members of the person’s family at risk.
Pre-poll voting will be available at Returning Officer’s offices and any other additional
locations appointed within the Council area. Returning Officer’s offices in a regional Council
will issue ballot papers for the other Councils in that region.
Pre-poll voting for all Council areas will also be available at Sydney Town Hall during
the pre-poll voting period.
The details of the pre-poll voting centre’s and times of operation will be available
from the Returning Officer or the NSW Elections website www.elections.nsw.gov.au
The pre-poll voting procedure requires an oral application, telling the election official the
grounds for requesting a pre-poll vote. The elector then votes and places the ballot
paper(s) directly into the ballot box.
A written declaration will be required by:
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• A person whose name does not appear on the electoral roll and who claims it
should be;
• An elector who is shown as having already voted at the election and who claims this
is not the case;
• Electors whose names appear on the roll and their addresses have been
suppressed for personal safety (silent electors);
• Electors who are not enrolled in NSW and are eligible to enroll in a Council area, to
enroll and provisionally vote, using a declaration envelope, provided the person can
produce a photo driver licence or a photo card;
• Electors who are enrolled for a Council area where they are not currently residing,
to transfer their enrolment and provisionally vote, using a declaration envelope,
provided the person can produce a photo driver licence or a photo card.
Pre-poll voting commences in every Council area on the Monday 2 weeks prior to
Election Day and concludes in every Council area at 6.00pm on Friday the day preceding
Election Day.
Declared institutions
Some nursing homes, convalescent homes, hospitals or similar facilities are appointed by
the NSWEC as Declared Institutions. Election officials from the Returning Officer’s office
visit these Declared Institutions during the Monday to Friday prior to Election Day to
take votes.
Voting at Declared Institutions is restricted to patients or residents of the facility.
Details of the Declared Institutions can be obtained from the Returning Officer. The
Returning Officer will advise the times of visits so that candidates may appoint a
scrutineer to accompany election officials.
Scrutineers are able to accompany election officials; however no electoral material or
how-to-vote cards can be distributed by scrutineers at any time during visits.
Election day
Polling places will be open on Election Day from 8:00am until 6:00pm. Votes may be cast
by:
• Electors enrolled in the Council area or ward in which the polling place is located;
• A person whose name does not appear on the electoral roll and who claims it
should be;
• An elector who is shown as having already voted at the election and who claims this
is not the case;
• An elector whose name appears on the roll and their address has been suppressed
for personal safety; and
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• People who are not currently enrolled in the Council area, or have moved address
and now reside in the Council area, and meet eligibility criteria may cast an
enrolment vote
There is no absent voting at local Council elections. On Election Day an elector can only
vote at the following polling places:
• Undivided Council area – At any polling place within the Council area in which the
elector is enrolled or claiming enrolment;
• Multi-Council - Polling places that are located on or near the boundary between
two or more.
Council areas may issue votes for more than one Council area;
• Council area with wards – At any polling place within the ward in which the elector
is enrolled or claiming enrolment; and
• Multi-ward - Polling places that are located on or near the boundary between two
or more wards in a Council area may issue votes for all those wards.
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Assistance to vote
Assistance to electors when voting
Assistance will be provided to electors if any election official is satisfied that the elector
is unable to vote without help. Any elector may seek help however the following groups
have been identified as those most likely to require assistance:
• The elderly;
• People with a disability;
• People who are blind or have low vision;
• People with language or literacy needs
An elector can nominate any person to assist them, other than a scrutineer. If the elector
declines to nominate someone then the election official may provide assistance.
Where a person nominated by the elector provides assistance, that person may
accompany the elector to a voting screen and complete, fold and deposit the ballot paper
in the ballot box or into the declaration envelope as appropriate.
Electors who are unable to sign their name
When completing declaration envelopes, electors who are unable to sign their name may
make their ‘mark’ as a signature. In these cases the elector must make their mark in the
presence of the election official acting as a witness.
If assistance is being given for a declaration vote, only the election assistant or other
election official should complete the envelope and the elector must sign or make
their mark on the declaration envelope.
The election official must identify the fact that the elector made the mark by adding the
words ‘his mark’ or ‘her mark’ next to the elector’s mark.
Wheelchair voting screens
Voting screens suitable for electors using a wheelchair will be available at polling places
and pre-poll voting centre’s.
Other equipment to assist electors will be available at all polling places, pre-poll voting
centre’s and Declared Institutions. They include maxi-pens, which are extra-large pens for
those who are unable to grip regular sized pens, and magnifying sheets for electors with
low vision.
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Braille ballot papers for electors who are blind
Legislation provides for electors who are blind to request a braille ballot paper.
Requests for a braille ballot paper can be delivered either as a postal or pre-poll voter
or for voting at a polling place on Election Day.
An application for a braille ballot paper must be made to the Electoral Commissioner
during the period starting with the 30th day prior Nomination Day and ending at 5:00pm
on Nomination Day. An application can be verbal or written and can be faxed or emailed.
If emailed, an image of the application and an image of the actual signature on the
application must be included in or attached to the email.
However, the Electoral Commissioner will only provide a braille ballot paper if satisfied
that it is reasonable in the circumstances to do so or if there is sufficient time to do so.
Although braille ballot papers will be different to regular ballot papers they will be
counted in the same way.
Culturally and linguistically diverse electors
Information and support is available to electors who require language assistance. This
includes access to a telephone interpreting service and bilingual election staff where
applicable.
Electors can also appoint another person to assist them.
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Counting ballot papers
Initial count - Councillor (one to be elected) or Mayor
At the close of voting at 6:00pm on Election Day, election officials at each polling place
will sort and count the first preference votes for each candidate and the informal ballot
papers.
All results will then be telephoned to the Returning Officer who will post them on the
NSW Electoral Commission’s website: www.elections.nsw.gov.au.
Ballot papers issued at pre-poll and declared institutions and other declaration votes
(those enclosed in an envelope i.e.: postal, silent, enrolment and other special categories)
will be counted at the Returning Officer’s office from 6:00pm on Election night and will
continue on Sunday/Monday after Election Day.
Check count – Councillor (one to be elected) or Mayor
On the Sunday after Election Day, ballot papers are checked and counted again at the
Returning Officer’s office to ensure accuracy of the figures from the initial count.
Ballot papers issued at pre-poll and declared institutions and other declaration votes
(those enclosed in an envelope i.e.: postal, silent, enrolment and other special vote
categories) are also check counted.
Method of election – Councillor (one to be elected)
The method of election for a Councillor where there is one to be elected is optional
preferential and is described in Schedule 4 to the LG Regulation.
To cast a formal vote, the elector must place the number ‘1’ in the square next to their
first choice candidate. They have the ‘option’ to show further preferences by placing the
number ‘2’ in the square next to their second choice candidate, the number ‘3’ next to
their third choice and so on. They may number as many or as few squares as they wish.
To be elected in the optional preferential system, a candidate has to get more than half
of the formal votes in the count. This is called an ‘absolute majority’.
If there are 8,756 formal first preference votes in an election the absolute majority is
calculated as: 8,756 ÷ 2 = 4,378 + 1 = 4,379.
If a candidate has an absolute majority, that candidate is elected and no further counting
is necessary.
If no candidate is elected, the candidate with the least number of votes is ‘excluded’
which means the excluded candidate’s votes are re-sorted to the other candidates
according to the 2nd preference shown on each ballot paper.
However, if any of those ballot papers do not have 2nd preferences, those ballot
papers are known as ‘exhausted’ ballot papers and are removed from the count. They
are then only used to balance the number of votes at the end of each exclusion, to the
number of first preference votes.
The process of exclusions is repeated until such time as a candidate has an absolute
majority of the formal votes remaining in the count and that candidate is elected.
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The process is explained in the following example:
Candidates
First
Preference
Votes
Candidate
D
Excluded
Progressive
Totals
Candidate
C
Excluded
Progressive
Totals
Candidate A
3,024
250
3,274
822
4,096
Candidate B
2,552
441
2,993
1,189
4,182 Elected
Candidate C
2,290
87
2,377
Excluded
----------------
Candidate D
890
Excluded
--------------
--------------
----------------
Total Formal
Votes
8,756
778
8,644
2,011
8,278
Informals
278
-------
278
-------
278
Exhausted
-------
112
112
366
478
Total Votes
9,034
890
9,034
2,377
9,034
Absolute
Majority
4,378
-------
4,322
-------
4,139
The absolute majority needed to be elected is recalculated after every candidate is
excluded. This is due to exhausted ballot papers not continuing in the count.
Distribution of preferences - Councillor (one to be elected) or
Mayor
The Distribution of preferences is a manual count conducted at the Returning Officer’s
office. The distribution of preferences cannot commence before Tuesday following
Election Day to ensure that all postal votes are included following the cut off for
receipt of postal votes at 6:00pm on the Monday following Election Day.
Distribution of preferences - Councillor (two to be elected)
The method of election for a Councillor where there are two to be elected is proportional
representation and is described in Schedule 5 to the LG Regulation.
At the close of voting at 6:00pm on Election Day, election officials at each polling place
will count the formal ballot papers showing a first preference for a group marked in its
group voting square, or showing a first preference for individual candidates, into
separate bundles for each group and candidate.
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All results will then be telephoned to the Returning Officer who will post them on the
NSW Electoral Commission’s website: www.elections.nsw.gov.au.
Ballot papers issued at pre-poll and declared institutions and other declaration votes
(those enclosed in an envelope i.e.: postal, silent, enrolment and other special categories)
will be counted at the Returning Officer’s office from 6:00pm on Election Night and will
continue on Sunday/Monday after Election Day.
Check count – Councillor (two to be elected)
On the Sunday after Election Day, all ballot papers are check counted using the NSW
Electoral Commission Proportional Representation Computer Count software (PRCC) at
the Returning Officer’s office.
The check count includes:
• Allocating ballot papers (in batches) to Data Entry Operators for round 1 and round
2 data entry;
• Data Entry Operators undertaking round 1 and round 2 data entry;
• Undertaking reconciliation on those batches where round 1 and round 2 data entry
do not match.
Distribution of Preferences – Councillor (two to be elected)
The Distribution of preferences is conducted in the NSW Electoral Commission Computer
Count System (PRCC) at the Returning Officer’s office.
The Distribution of preferences to determine the elected Councillor’s cannot commence
before Tuesday following Election Day to ensure that all postal votes are included
following the cut off for receipt of postal votes at 6:00pm on the Monday following
Election Day.
Recounts
The Electoral Commissioner can direct that a recount be undertaken (at no cost to the
candidates). In the event that the Electoral Commissioner does not consider that a
recount is necessary any candidate can request a recount of ballot papers. Any
request must be in writing to the Returning Officer within 24 hours of being notified of
the election result, setting out the reasons for the request and be signed by the
candidate. The candidate making the request must pay for the cost of the recount. A
deposit to cover the cost of the recount must be lodged before the recount is
commenced.
In the event that the election result changes due to the recount i.e.: a different
candidate is elected, the deposit will be refunded.
Formality rules - Councillor (one to be elected) or Mayor
There are strict rules governing when a ballot paper is formal and when a ballot paper is
informal:
• An elector must vote for at least one candidate. The elector may choose to show
further preferences if they wish.
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• Ballot papers should be read and construed as a whole, with one or more poorly
formed numbers to be deciphered in the context of a consecutive series of numbers
rather than as single numbers in isolation.
• A poorly formed number must bear a reasonable resemblance to an identifiable
number.
• Numbers written in words in English are acceptable ie ‘one’ is counted as ‘1’, ‘two’ is
counted as ‘2’, ‘three’ is counted as ‘3’, etc.
• A number, tick � or cross X may be in the square or outside but adjacent to the
square, or at the end of the candidate’s name.
• A ballot paper should still be sorted according to the sorting rules, even if it has not
been initialled by an election official as long as the prescribed official mark (ie: the
arms of the State enclosed within a fastened oval belt which bears the words
‘Electoral Commission’ and across the lower half of which is superimposed a banner
bearing the words ‘New South Wales’) is visible.
• If the prescribed official mark is not visible, the ballot paper must have been initialled
by the election official or the ballot paper is considered informal.
• Unconventional but recognisable numbers such as continental 1 and 7 (ie 1111 and 7777)
are acceptable.
• If a person’s name is written on a ballot paper, the name must be checked on the
electoral roll for the council or ward if applicable. If that name is found on the
electoral roll for the council or ward if applicable, the ballot paper is considered
informal. If the name is not found on the electoral roll for the council or ward if
applicable the ballot paper should be sorted according to the sorting rules described
in this manual.
• Any drawings, comments eg Donald Duck, etc. should be ignored.
Formal ballot papers
• The number ‘1’ appears once only, in or adjacent to a square or at the end of the
candidate’s name. The elector may choose to show further preferences if they wish.
• Where a single tick � or single cross X appears on its own it is read as a 1.
• Where the number ‘1’ appears only once, the ballot paper is still formal even if there
is a repeat or break in subsequent preferences.
• Where there is a single tick � in one square and 2 or more crosses or 2 or more lines
in or through other squares the crosses or lines are disregarded and the tick � is
regarded as the number ‘1’.
Informal ballot papers
• The number ‘1’ appears more than once.
• Where a tick � or cross X appears with numbers other than ‘1’, the tick � or cross X
are not read as a ‘1’ eg: �,2,3.
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• Where a tick � appears with a single cross X, the tick � or cross X are not read as a
‘1’.
22.2.1 Examples of formal ballot papers
One Councillor to be elected sample ballot papers:
Examples of formal ballot papers (cont.)
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Examples of formal ballot papers (cont.)
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Examples of formal ballot papers (cont.)
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22.2.2 Examples of informal ballot papers
Examples of informal ballot papers (cont.)
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Scrutineers
Scrutineers play an important role in the election process. In representing the interests of
their candidates and advising them on the procedures being followed by the Returning
Officer and election officials, they ensure the election process is carried out fairly and
impartially.
Appointment of scrutineers
Scrutineers are appointed by candidates to represent their interests at polling places and
counting centres, and to relay information to the candidates on the procedures and
progress during the election.
To be appointed as a Scrutineer, a person must be on the NSW electoral roll.
A candidate for Mayor or Councillor in a Council area cannot act as a scrutineer in
that Council area.
A candidate for Mayor or Councillor in a Council area may act as a scrutineer in another
Council area.
The candidate completes the Appointment of Scrutineer LG.213 form which can be
downloaded from www.elections.nsw.gov.au or obtained from the Returning Officer.
The Scrutineer must present the completed form to the Returning Officer, Polling Place
Manager or election official, as the case requires, prior to commencing duties. The
declaration part of the form must be signed by the Scrutineer in the presence of the
Returning Officer, Polling Place Manager or election official who will then witness the
declaration.
Other than Declared Institutions where one appointment form for all Declared
Institutions visited in a ward or Council area is sufficient, a new appointment form is
required at each location where votes are being issued or counted. However, candidates
are permitted to photocopy a signed appointment form or use a signature stamp on
multiple forms, but scrutineers must sign the form on each occasion in the presence of
the Returning Officer, Polling Place Manager or election official.
Scrutineers will be issued with identification which is to be worn at all times when
scrutineering.
A candidate not in a group or any candidate in a group is entitled to appoint a Scrutineer,
however an ungrouped candidate can only have one Scrutineer, and a group of
candidates can only have one Scrutineer at each issuing point at a polling place or at any
table or workstation where votes are being scrutinised, counted or data entered.
Attendance of Scrutineers
Scrutineers are entitled to:
• Be present at the Central Postal Voting Centre (Sydney) when postal votes are
being processed;
• Be present when pre-poll votes are being taken in the Returning Officer’s office or
at other pre- poll centres;
• Be present at the scrutiny of declaration envelopes in the Returning Officer’s office;
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• Be present when election officials are taking votes at Declared Institutions;
• Inspect ballot boxes prior to 8:00am on Election Day, and observe them being
sealed before voting commences;
• Observe all voting procedures including being present when an election official is
marking the ballot paper for an elector who has requested assistance;
• Request that an election official ask any person a series of questions
contained in the regulations to determine that person’s eligibility to vote. The
election official may put all or some of these questions to the voter and the voter’s
answer to the questions will be conclusive;
• Wear or display a badge or emblem of a candidate or a party, or clothing displaying
a badge or emblem in a polling place or pre-poll voting centre;
• Be at a polling place during polling and after the close of polling on Election Day;
and
• Be present in the Returning Officer’s office after Election Day to observe the check
count of ballot papers from all the polling places, and on the following days during
the distribution of preferences either at the Returning Officer’s office or counting
centre.
On Election Day in the polling place, a candidate or group can have one scrutineer per
issuing table during the taking of votes.
On Election Day, at the close of polling, candidates or groups can have one scrutineer
present for each election official counting votes. Details of the number of officials
involved in the count at each polling place in a Council area will be available from the
Returning Officer.
Conduct of scrutineers
Where a scrutineer wishes to clarify procedures or question the activities of an election
official, they should discuss the matter with the Returning Officer or Polling Place
Manager (as appropriate).
Scrutineers must co-operate fully with election officials. Any misconduct at a pre-poll
voting location, a Declared Institution, a Returning Officer’s office or in a polling place
on Election Day is an offence, as is failure to obey the lawful directions of any election
official.
Scrutineers must not attempt to influence an elector’s vote by threats or inducements, or
intimidate any elector when casting their vote at a pre-poll voting location, Declared
Institution or polling place. While polling is in progress, a scrutineer must not, within a
polling place, communicate with any person except as necessary to carry out their
functions as a scrutineer.
Scrutineers must not touch ballot papers that are being counted or have been counted by
election officials.
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Party and candidate workers
Candidate and party workers act on behalf of candidates and/or political parties to
distribute electoral material (such as how-to-vote cards) at pre-poll voting locations prior
to Election Day and polling places on Election Day. They are not required to complete
any appointment form to engage in these tasks unless they also wish to act as a
Scrutineer.
Party and candidate workers at pre-poll voting centres
• Electoral material, including how-to-vote cards, may be distributed outside the pre-
poll voting centre location. Material cannot be handed out inside the voting area.
• Unlike Election Day, electoral material, including how-to-vote cards, distributed
outside pre-poll voting centres are not required to be registered with the Electoral
Commissioner. It must however comply with electoral legislation.
• Party and candidate workers must not display posters within six metres of the
entrance to the pre-poll voting centre.
• Electors must be given unrestricted access to and from the entry to the pre-poll
voting location.
• Party and candidate workers must not obstruct the entrance to a pre-poll voting
centre.
• Party and candidate workers may only enter the pre-poll voting centre to cast their
vote, or where nominated, to assist an elector to cast their vote.
Party and candidate workers at polling places
• Party and candidate workers outside a polling place on Election Day must not
obstruct access to the polling place.
• Party and candidate workers must not distribute electoral material, including
how-to-vote cards, or display posters within 6 metres of the entrance to the polling
place (see example diagram in Chapter 12).
• Electoral material, including how-to-vote cards, distributed anywhere on Election
Day must be registered with the Electoral Commissioner. It is an offence to
distribute unregistered election material on Election Day.
• Party and candidate workers may only enter the polling place to vote, or to assist
an elector who has requested their assistance, to cast their vote.
Recycling of how-to-vote material
• Candidates/party workers are not allowed to enter the polling place to recycle how-
to-vote material which has been placed in the polling place bin. Similarly, polling
place staff are not to go through polling place bins on behalf of candidates/party
workers in an attempt to recycle how-to-vote material
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• The rubbish bin may contain sharp objects or may contain ballot papers which
electors have erroneously placed in the bin
• Candidate/party workers should be advised that they may request electors to hand
the how-to- vote material back to them as the elector exits the polling place.
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Alleged breaches of legislation
The LG Act and LG Regulation establishes a variety of criminal offences for the purposes of local government elections. Electoral offences apply during the period commencing the close of rolls for the by-election and ending at 6.00pm on election day.
Examples of particular offences which apply during the election period include:
• failure of an elector to vote;
• voting more than once at an election;
• misuse of protected electoral enrolment information;
• electoral bribery includes asking for or receiving any property or benefit in order to
influence or affect the vote of another person (electoral bribery must be of a serious
nature calculated to influence the vote of a particular person in a particular way, and
does not include the general provision of food and drink at "sausage sizzles", or
benefit concerts and the like during election campaigns);
• false statements in electoral forms including claims for enrolment and nomination
papers;
• printing, publication or distribution of electoral material, such as how-to-vote cards,
pamphlets, handbills and posters, that do not show the name and address of the
person authorising the material, and the name and place of business of the printer;
• printing, publication or distribution of electoral material that is likely to mislead
an elector in relation to the casting of a vote (this offence does not refer to the truth
or otherwise of the content of the material, but to the manner of marking ballot
papers);
• canvassing or displaying election posters within 6 metres of the entrance to a
polling place on election day;
• distributing electoral material on election day that has not first been registered by
the NSWEC.
This is not an exhaustive list. For a full account of all electoral offences and the penalties that
apply, the legislation must be consulted, with the benefit of legal advice where necessary.
The legislation is available at www.legislation.nsw.gov.au.
The Electoral Funding Act establishes a number of criminal offences for the purposes of
the election campaign finances of parties, groups, candidates and others at local
government elections. These offences apply at any time and are not restricted to the
period between the day of the close of rolls for the by-election to election day.
Examples of particular breaches which may apply include:
• Candidate, or group not registered for the election before accepting donations or
incurring electoral expenditure,
• Third-party campaigner not registered before incurring $2,000 in electoral
communication expenditure during the capped expenditure period,
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• Misuse of a campaign account or failure to keep a campaign account,
• Receiving or making unlawful political donations,
• Anonymous or secret donations,
Referring alleged breaches of legislation
The NSWEC is responsible for investigating and enforcing offences under the EF Act and LG
Act and the regulations.
Any alleged breaches of the LG Act may be reported to the Returning Officer in the
first instance. The
Returning Officer will consider the complaint and if possible attempt to resolve it.
Scrutineers at polling places may take up any issues regarding alleged breaches under the
LG Act with the polling place manager who will refer a matter to the Returning Officer for
resolution if necessary.
Allegations of breaches of the EF Act or LG Act may be referred directly in writing to the
Funding, Disclosure and Compliance Division of the NSWEC (by email:
[email protected] or by mail: GPO Box 4046, Sydney NSW
2001).
A person who believes that the electoral advertising laws have been breached may lodge a
complaint with the NSWEC at the above address. However, a complaint must be in writing
and it must relate only to material displayed or distributed during the election period. A
complaint should include a copy or photograph of the alleged offending material.
Possible courses of action in response to non-compliance with the
law
All allegations will be dealt with in accordance with the NSWEC’s Compliance and
Enforcement Policy and Procedures.
Posters displayed, or electoral material that is apparently available for distribution in
contravention of the law may be confiscated by a Police Officer, Returning Officer, polling
place manager or other election official authorised to do so.
In response to a complaint, the NSWEC may instruct those responsible to amend the
offending material or to cease displaying/distributing it. Continued non-compliance or other
more serious instances of non- compliance may be subject to further assessment and
investigation.
The validity of an election may only be disputed by petition to the Court of Disputed
Returns, which may declare a person elected or not duly elected, or an election void.
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NSW Electoral Commission
Level 25, 201 Kent Street, Sydney Phone 1300 135 736 Fax 02 9290 5991 www.votensw.info