Electoral material

Electoral material produced, published, distributed or displayed during the regulated period for an election must comply with the rules.

Electoral material that is to be distributed on election day must be registered with the NSW Electoral Commission.

Breaking electoral material laws during the regulated period for an election is a criminal offence, and the NSW Electoral Commission monitors and enforces compliance.

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Electoral material rules

Watch the video below for an overview about electoral material rules.

Detailed information about electoral material for an election can be found in the candidate handbook for the election event.

Strict laws apply to material used by participants and supporters during the regulated period at NSW State and Local Government elections. To protect the integrity of elections, laws regulate how this “electoral material” can be produced, published, distributed and displayed.

Breaking electoral material laws during the regulated period for an election is a criminal offence, and the NSW Electoral Commission monitors and enforces compliance.

The laws do not only apply to traditional posters and flyers – electoral material in NSW elections can be in any format, tangible or electronic. Some common examples of electoral material are: ‘how-to-vote’ cards; advertising in newspapers, on radio or TV; social media posts by participants in the election; bulk emails and letters sent to electors; posters; leaflets; and even stickers.

Participants in upcoming elections – or publishers of electoral material – must know and follow the rules for electoral material in the lead up to election day. Some of the key ones are: 

• The period in which electoral material is regulated – and when criminal offences apply – varies depending on the type of election. The dates for each regulated period are published on our election event pages. 

• Printed electoral material must include the name and street address of the person who authorised the material and the name of the printer and the street address of the premises at which it was printed.

• Social media posts by electoral participants must include the name and street address of the electoral participant who authorised the material which could be given through a link on social media posts or within the ‘about’ section of the specific page or twitter handle.

• Webpages and other electronic material that is not social media must include the name and street address of the person who authorised the material. 

• Electoral material must not contain directions about how to vote that are inconsistent with the instructions on the ballot paper, or material that could result in a voter casting an informal vote.

• Electoral material must not be displayed on or within premises without the written permission of the owner of the property and not at all on state or local council properties.

Special rules apply on election day and in proximity to voting centres (polling places):

• Electoral material that is distributed on election day must be registered with the NSW Electoral Commission during the registration period. If the registration deadline is missed, the material cannot be distributed on election day.

• Officers from the NSW Electoral Commission can direct a person to remove their unlawful electoral material. Not complying with a reasonable direction is a criminal offence.

• During early voting and election day, voters must not be approached, and posters must not be displayed, within a voting centre (polling place) or within six metres of its entrance.

• Loud speakers and other broadcasting devices cannot be used if they can be heard in a voting centre (polling place) or within six metres of its entrance.

Electoral material must never state or imply it is an official communication from the Electoral Commissioner or the NSW Electoral Commission. This can include a misleading impression created through the use of colours or other visual design features.

A full list of the rules that apply to electoral material is set out in the legislation for each election: Division 14 of Part 7 of the Electoral Act 2017  for state elections; and Division 9A of Part 11 of the Local Government (General Regulation) 2005 for local government elections. 

Money spent on the production and distribution of electoral material may need to be disclosed to the NSW Electoral Commission. The expenditure may also be subject to a cap if the material is distributed or displayed during the capped expenditure period for an election.

Registration of electoral material

Watch the following video for information about registering electoral material.

Electoral material that is to be distributed on election day must be registered with the NSW Electoral Commission.

Candidates, political parties, groups of candidates, and other electoral participants must apply to register their electoral material. Applications must include a copy of the material to be registered. Electoral material is checked before it is registered to make sure that it complies with the rules.

Some of the rules for registered electoral material include:

• it contains authorisation details, including the name and street address of the authorising person and, if printed, the name of the printer and the street address of the premises at which it was printed

• an accurate English translation is included in the application, if the material is in a language other than English

• sample ballot papers shown in how-to-vote material are depicted accurately.

Electoral material must be registered during the registration period that applies for an election. The dates for each registration period are published on each election event page. 

If the deadline to register electoral material is missed, or if registration of electoral material is refused, it is a criminal offence to distribute the electoral material on election day. "Distribution" also means the placement of electoral material that can be collected by electors.

It is recommended that electoral material for distribution on election day is not printed until we notify you that the material has been registered.

Some types of electoral material do not need to be registered, including posters, posts and advertisements on social media, and advertisements in newspapers on election day, however they must still have the proper authorisation details.

Copies of registered electoral material are published on our website ahead of each election.

Help and support

If you have questions about the preparation and registration of electoral material, e.g. before voting starts, please raise those queries using the Contact us form on our website, by emailing us or calling 1300 022 011. 

If you have concerns that electoral material used or published during the regulated election period is or was unlawful, complaints should be made in writing by emailing us. A complaint should include a copy of the electoral material. For electoral material published on the internet, a URL link or the name of a social media account and a screenshot should be provided.

All allegations made in writing, or escalated to our compliance team by our voting centre managers, are dealt with in accordance with our Compliance and enforcement policy and procedures.