Introduction
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NSW state elections are conducted under the Electoral Act 2017 (Electoral Act) and the Electoral Regulation 2018 (Electoral Regulation). The Electoral Funding Act 2018 (Electoral Funding Act) and the Electoral Funding Regulation 2018 (Electoral Funding Regulation) provide for the management and disclosure of election campaign finances and the registration of electoral participants. All legislation is available from the NSW Legislation website.
NSW state elections are conducted by the Electoral Commissioner for NSW. The NSW Electoral Commission is an independent statutory authority consisting of three members, including the Electoral Commissioner, which regulates and enforces electoral laws, including the management and disclosure of election campaign finances and the registration of electoral participants. It also assists the Electoral Commissioner to conduct elections and provides education and information to election participants and the public about elections in NSW. NSW Electoral Commission is generally used on our website and in our publications to refer to the organisation that assists both the three members of the Electoral Commission and the Electoral Commissioner to exercise their functions.
The NSW Electoral Commission makes significant information available about elections for the benefit of all participants and in the public interest. Information in this publication about electoral processes and procedures at a NSW state election is for the general guidance and education of election participants and other stakeholders only. It is not legal advice. The NSW Electoral Commission cannot give legal advice and does not publish guidance information about all potential operational and regulatory scenarios that may be relevant for election participants. Election participants should always consider seeking their own independent legal advice about their specific situation, in appropriate circumstances.
Information provided by the NSW Electoral Commission is based on legislation at the date of publication. Any changes made to NSW electoral legislation are communicated in our election bulletins found on the 2023 NSW State election bulletin page. Prospective candidates should regularly check the website for any changes.
Detailed information about the candidate and group registration process and election campaign finances can be found on the Funding and disclosure section of our website.
All forms and publications referred to can be downloaded from the forms and fact sheets section or our website or by contacting the NSW Electoral Commission at candidates@elections.nsw.gov.au or 1300 022 011.
Redistribution of electoral boundaries
The Constitution Act 1902 (Constitution Act) requires that electoral district boundaries are adjusted to ensure the number of electors within each district remains approximately the same over time. The Electoral Act provides the framework, process and timetable for this to occur. This formal process is called a redistribution and must take place after every second NSW State general election.
The redistribution process after the 2019 NSW State election was administered by an independent three-member Electoral Districts Redistribution Panel made up of the Chairperson, the Honourable Justice Arthur Emmett AO KC; the Electoral Commissioner for NSW, Mr John Schmidt; and the Surveyor-General of NSW, Mrs Narelle Underwood. The redistribution comes into effect for the 2023 NSW state election.
The Panel’s final determination of the names and boundaries of electoral districts was proclaimed on 26 August 2021 by Her Excellency the Governor, the Honourable Margaret Beazley AC KC. The maps of the 93 electoral districts and the four index maps are available for inspection on the NSW Electoral Commission’s website. The Panel’s reasons for making the determination can be found in the Panel’s report, also available on the website.
For further information about the redistribution, including maps and enrolment data of the determined electoral districts, visit the Electoral districts redistribution page on our website.
Regulatory and procedural changes
Amendments made by the NSW Parliament to the Electoral Act and Electoral Funding Act that will apply to the 2023 NSW State election commenced on 2 and 3 November 2022. More information about the changes can be found on the Summary of key amendments to electoral law page, which include:
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The maximum period of early voting has been reduced to 7 days before the election day, instead of 13 days previously. For the 2023 NSW State election, early voting will commence on Saturday, 18 March 2023.
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An alternate method of postal voting may be used. Under recent amendments to the Electoral Act, the Electoral Commissioner has determined that an alternate method of postal voting be used at the 2023 NSW State election. The key change is that an elector’s postal vote certificate is to be sealed inside the envelope in which their vote is returned, instead of being printed on that envelope.
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Postal votes may be accepted up to 13 days after the election day. Postal votes are allowed to be accepted if received by the expiry of the period following the close of voting prescribed by the regulations, which may not exceed 13 days, instead of 4 days previously. The period for the 2023 NSW State election is 12 days, due to the Good Friday public holiday on 7 April 2023.
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iVote will not be used. Technology assisted voting, other than telephone voting for electors who are blind or have low vision, is not to be used at the 2023 NSW State election (or a by-election held after 30 June 2022 and before that state election).
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Guidelines may be issued about the enforcement of offences under the ‘6 metre rule’. A voting centre manager or an election official must not exercise enforcement functions in relation to contravention of offences within six metres of a voting centre, such as giving directions or removing or confiscating posters and electoral material, unless they have considered guidelines, if any, issued by the Electoral Commissioner.
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Automated telephone calls must include an authorisation. Automated telephone calls containing electoral matter (also known as ‘robocalls’) must contain the name and address of an individual on whose instructions the call was made.
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The due date for lodging a half-yearly donation disclosure is now six weeks following the end of the disclosure period, rather than four weeks. The new lodgement period for 1st half-yearly political donations disclosure is 1 January to 11 February 2023 and for the 2nd half-yearly political donations disclosure it is 1 July to 11 August 2023.
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The value of small donations made at a fundraising event that do not need to be aggregated for disclosure purposes has increased from $50 to $100. A reportable political donation includes multiple donations made by the same donor to the same recipient that in aggregate are valued at $1,000 or more in one financial year. However, a small donation of $100 or less does not have to be aggregated if it was the only donation made by a person at a fundraising venture or function.
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Requests for extensions to lodge a disclosure may be made on the due date, instead of before that date. Extensions may be granted if the Electoral Commission is satisfied there is good cause.
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A registered officer of a party can now lodge a disclosure or public funding claim instead of the party agent if certain conditions are met. The registered officer can lodge when the party agent is absent or unavailable if the registered officer has completed the agent training (or is exempt), and the party agent or registered officer has advised the NSW Electoral Commission in writing in advance.
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A party agent may no longer be responsible for lodging disclosures for a dis-endorsed candidate. Once the NSW Electoral Commission has received notification, the person responsible for making a disclosure for the dis-endorsed candidate will be the candidate.
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New caps on third-party campaigner electoral expenditure apply. A state-wide third-party campaigner expenditure cap applies for the capped expenditure period for the 2023 NSW State election, which commenced on Saturday, 1 October 2022 and ends on election day, Saturday, 25 March 2023.
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Third-party campaigners cannot breach their cap only by acting in concert. Additional restrictions on third-party campaigners that act in concert with other persons to incur electoral expenditure during the capped expenditure period have been removed.
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The definition of electoral expenditure has been amended to exclude the cost of auditing campaign accounts. This applies to all stakeholders and for all purposes.
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New exemptions apply for the purpose of calculating electoral expenditure counted towards the caps. The amounts that are exempt from the expenditure caps must still be disclosed as electoral expenditure. The new exemptions include:
- The cost of expenditure incurred on travel and travel accommodation for candidates and staff engaged in electoral campaigning. Note: this does not apply to expenditure incurred in connection with a motor vehicle, vessel or aircraft decorated with or displaying advertising or electoral material for a candidate or party – which must be included in the calculation of electoral expenditure counted towards the caps.
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The cost of expenditure incurred for office accommodation for a single campaign office for a candidate or a party engaged in an election campaign, including for the campaign headquarters of a party, but only to a maximum amount of $20,000 for the current 2023 State election capped expenditure period. Note: such costs over $20,000 must be included in the calculation of electoral expenditure counted towards the caps.
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Advance payments for public funding have been increased. A party may now receive a further 25% of the total amount to which it was entitled from the Election Campaigns Fund for the previous general election as an advance payment. Changes have also been made to the administration of the Administration Fund and New Parties Fund.
Key checklist for candidates and parties
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Sections |
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I have checked the key dates for the election |
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I have registered to accept political donations and incur electoral expenditure and I know the difference between registering and nominating |
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I know who is responsible for managing disclosure of my donations and expenditure |
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I have a campaign account for receiving donations and paying for expenditure |
Campaign accounts and record keeping |
| I know I have to disclose reportable political donations within 21 days in the lead up to the election |
Pre-election disclosures or reportable political donations |
| I understand the caps that apply to my campaign expenditure and accepting political donations | |
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I know how to lodge my nominations forms and deposit by the deadline |
Nomination as a candidate – general information
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I have properly authorised my electoral material and how-to-vote cards |
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I know the requirements to register my electoral material and how-to-vote cards to distribute on election day |
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I know the rules about where and how electoral material and how-to-vote cards can be distributed |
Electoral material at an early voting centre
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I have familiarised myself with the role of scrutineers and know how to appoint a scrutineer |
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I have familiarised myself with election and electoral funding offences |