General information

General

The NSW Electoral Commission may provide guidance on whether electoral material (how-to-vote cards, posters, social media posts) complies with electoral laws, but it does not provide legal advice. Electoral participants should seek their own legal advice before producing their electoral material if they have any concerns about its legality.

The legislation provides requirements in relation to content, type, placement and distribution of electoral material during the regulated election period.

Political parties, candidates, their workers, individuals, organisations and community groups must also comply with any other laws about roads, telegraph poles, private and public property and other public spaces regulated by authorities such as local councils, the NSW Police Force, and the Australian Communications and Media Authority when distributing, displaying or broadcasting electoral material. Any civil action between individuals with respect to the content of electoral material are not matters regulated by the NSW Electoral Commission.

The regulated election period

The regulated election period is from the date of the issue of the writs until 6pm on election day.

For the 2024 Epping, Hornsby and Pittwater State by-elections, that is from Friday, 27 September 2024, to 6pm, Saturday, 19 October 2024.

Before the regulated election period, neither the NSW Electoral Commission nor the Election Manager regulate the content of electoral material (other than the display, publication or distribution of material falsely appearing to have been authorised by the Electoral Commission or Electoral Commissioner, which is always an offence). However, there are other laws, regulations and codes enforced by local councils and other regulatory bodies that impact the display, publication and broadcasting of electoral material.

Further, electoral expenditure is defined in the Electoral Funding Act to include amongst other things, the expenditure on the production and distribution of election material as well as the expenditure on postage. You must not accept political donations or make payments for electoral expenditure unless you first register under the Electoral Funding Act whether or not you are duly nominated as a candidate for an election. Accepting political donations or incurring electoral expenditure prior to being registered under the Electoral Funding Act may result in significant penalties.

During the regulated election period, all electoral material must meet the requirements of the Electoral Act.

Electoral material definition

Electoral material means anything, including without limitation a how-to-vote card, poster or advertisement containing electoral matter (whether in a tangible or an electronic form).

Electoral matter definition

Electoral matter means:

• any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election or
• the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.

In addition, on election day, electoral matter also means any express or implicit reference to, or comment on:

• an election
• any local government council or any previous council
• any local government Councillor or previous Councillor
• the government, the opposition, a previous government or a previous opposition, of New South Wales or any other State or Territory of the Commonwealth
• a member or former member of the Parliament of New South Wales or any other State or Territory of the Commonwealth
• a political party, a branch or division of a political party or a candidate in an election, or
• an issue submitted to, or otherwise before, the electors in connection with an electoral-materialelection.

Electoral material at an early voting centre

Electoral material may be handed out and posters displayed at early voting centres provided the material and/or posters meet legislative requirements.

There is no requirement for electoral material and/or posters distributed or displayed at early voting centres to be registered.

In addition to those requirements detailed earlier, the following rules apply at early voting centres:

• electoral material and/or posters cannot be distributed or displayed inside the early voting centre;
• electoral material and/or posters cannot be displayed or handed out within 6 metres of the entrance to the early voting centre; and
• posters cannot be displayed on the exterior of a building used as an early voting centre.

‘Distribution’ also means placement of electoral material that can be collected by electors.

Use of loudspeakers, sound systems, radio equipment, etc

A person cannot canvass or solicit for votes, or induce an elector not to vote for a particular candidate using a loudspeaker, sound system, radio equipment, etc where that activity is audible within the early voting centre.

Electoral material at declared facilities

Declared facilities include hospitals, nursing homes, retirement villages or similar facilities that are provided with voting services. Registered political parties, candidates, and other persons or organisations, may make their own arrangements with the management of a declared facility for electoral material to be left at the facility, or for candidate visits to occur. There is no requirement for electoral material distributed or displayed at declared facilities to be registered.

However, please note that the Election Manager will prepare a folder of registered how-to-vote electoral material containing one item provided by each candidate, registered political party or other person so that electors can view this material when voting.

The following rules also apply at declared facilities while voting is occurring:

• electoral material and/or posters cannot be distributed or displayed inside the declared facility
• electoral material and/or posters cannot be displayed or handed out within six metres of the entrance to the declared facility.
• posters cannot be displayed on the exterior of a declared facility.

‘Distribution’ also means placement of electoral material that can be collected by electors.

Electoral material at a voting centre

Definition of a voting centre

The voting centre is deemed to be the building where voting takes place on election day. Unless specifically instructed by the Electoral Commissioner, the voting centre does not include the grounds that surround the building, even if the grounds are enclosed by a fence or other boundary.

Therefore, the entrance to the voting centre is the door through which you enter the building where voting will take place, that is, the external door of the building. This is applicable even when voting is taking place in a room within that building, or in only one section of that building.

Electoral material may be handed out and posters displayed at voting centres provided the materials and/or posters meet the legislative requirements.

Six metre rule at voting centres

It is an offence to obstruct the access or approaches to the voting centre, or to distribute electoral material or canvass electors or display posters within six metres of the entrance to a voting centre.

‘Distribution’ also means placement of electoral material that can be collected by electors.

Using tape or some other landmark, such as a tree, post or line across a path, the Voting Centre Manager will establish and mark out a place that is six metres from the entrance to the voting centre.

The Electoral Commissioner has issued guidelines that voting centre managers and election officials must consider in relation to enforcing the six-metre rules. The guidelines can be found on the NSW Electoral Commission website.

Diagram of a voting centre on election day

A diagram of a voting centre on election day appears below. This diagram illustrates the following:

• electoral material and/or posters cannot be distributed or displayed inside the voting centre
• electoral material and/or posters cannot be displayed or handed out within six metres of the entrance to the voting centre
• posters cannot be displayed on the exterior of a building used as a voting centre.

Canvassing in or near voting centre

A person must not canvass for votes, or solicit the vote of any elector, or induce any elector not to vote for any particular candidate, or induce any elector not to vote at the election, on election day within a voting centre, or within 6 metres of an entrance to a voting centre.

Use of loudspeakers, sound systems, radio equipment, etc

A person cannot canvass and/or solicit for votes, or induce an elector to vote for a particular candidate using a loudspeaker, sound system, radio equipment, etc, where that activity is audible within the voting centre or within 6 metres of an entrance to the voting centre.