How does a local government election work?

Local government elections are held in NSW on the second Saturday in September every four years*. At local government elections voters in each local government area elect councillors to their local council..

Each local council must decide whether to engage the NSW Electoral Commissioner or a private election services provider to conduct their elections.

A local government area can be either:

• undivided, where the councillors are elected by all voters in that area, or

• divided, where the council is divided into wards, from which an equal number of councillors are elected for each ward.

Councillors are elected for a four year term, and the number of councillors elected varies from council to council.

It is compulsory to vote in an election or by-election if you are eligible to do so. You can sign up for SMS and email election reminders online

Mayoral elections

Mayors that are elected by the voters in an area serve a four-year term. These mayors are elected in addition to the elected councillors. A person elected as mayor cannot also be elected as a councillor in the same area.

The other councils do not have mayoral elections. After the new councillors for an area are elected they will vote to elect one of the councillors as mayor for a two-year term. At the end of the two-year term the councillors elect a new mayor for the following two years. The NSW Electoral Commission is not involved in the election of mayors by councillors. 

Councillor elections

Council areas are either divided into wards or are undivided (no wards). The number of councillors elected varies from council to council.

Where councils have wards, an equal number of councillors are elected for each ward.

Voters in a ward elect the councillors for that ward. Voters in an undivided council elect the councillors for the whole council area. Councillors are elected for a four-year term.

The election of a mayor by voters and the election of councillors are conducted at the same time but are separate elections. For example, if a council has a total of 10 councillors to be elected, and the mayor is elected by the voters, the election for that council would be for nine councillors and one mayor. 

Constitutional referendums

A council can decide to conduct a constitutional referendum. The following issues can be proposed to the voters:

• whether the mayor should be elected by the voters

• whether to increase or reduce the number of councillors for that council

• whether to divide the council area into wards or abolish all wards

• whether to change the method of election of councillors for an area divided into wards.

For a constitutional referendum to pass a majority of voters in the council area must have voted in support of the proposal.

Voting in a constitutional referendum is compulsory and the result is binding on the council.

If the constitutional referendum is passed, the result takes effect at the next local government elections.

Council polls

A council can decide to conduct a poll. A poll can be on any issue and is used to guide the council in its decisions. For example:

• whether to introduce fluoride into the drinking water

• whether to construct a roundabout in the main street.

For a council poll to pass a majority of voters must have voted in support of the proposal.

The council can decide whether to poll all voters in the council area or only a portion of voters. As such not all voters may be eligible to vote in a council’s poll.

Filling a councillor casual vacancy

When a casual vacancy occurs after the local government elections in a councillor position (for example through resignation or death), the vacancy is filled by way of a by-election, unless one of the following options is used:

• In the 18 months following the local government ordinary election, a countback election can be conducted, but only if the relevant council has passed a resolution at its first meeting after the ordinary election that any vacancy would be filled by a countback of votes and if the vacating councillor was elected under the proportional representation method (that is, where two or more candidates were elected). More information on countback elections

• In the 18 months prior to the next local government ordinary election, the council may receive ministerial approval to leave the position vacant until that next election.

Filling a popularly elected mayor casual vacancy

When a casual vacancy occurs in the office of a popularly elected mayor (for example through resignation or death), the vacancy is filled by way of a by-election, unless it occurs within 18 months before the next ordinary election.

If so, the Governor of New South Wales will appoint a councillor nominated by the council to the vacant office. If the council does not nominate a councillor, the Governor may appoint one of the councillors to the office.

By-elections

A by-election is an election in a single local government area or ward, and can take place outside the normal four-year cycle. By-elections are held when a vacancy arises in a council, for example when a councillor resigns or dies in office.

Relevant legislation

All local government elections in NSW are conducted in accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021.

The political donations and electoral expenditure of political parties, candidates, and other election participants are regulated by the Electoral Funding Act 2018 and Electoral Funding Regulation 2018.

*The postponement of the 2020 Local Government elections, until 4 December 2021, will not affect the schedule of subsequent council elections. After the December 2021 elections, the next local government election will take place in September 2024.