State by-election bulletin: Upper Hunter No.5

Bulletin No.5
Issued 25 May 2021

1. Distribution of preferences and return of the writ

Counting in the Upper Hunter State by-election will continue all week. The deadline for the return of completed postal vote certificates is 6pm, Wednesday 26 May.

The distribution of preferences to determine the elected candidate is scheduled for 9am, Friday 28 May at the Election Manager’s office at 31 John Street, Singleton. Candidates or their representatives and the media are welcome to attend.

The distribution of preferences will be conducted within the NSW Electoral Commission’s computer count system and will take approximately 10 minutes. The computer will display the name of the elected candidate only. Full count reports will be placed on the NSW Electoral Commission website by 10am, Friday 28 May.

Any request for a recount must set out the reasons for seeking a recount and be made in writing to me by a candidate to candidates@elections.nsw.gov.au by 10am, Saturday 29 May. Requests for a recount will not be accepted after this time.

If I consider there is no reason to conduct a recount, then it is my intention to declare the result of the election with the name of the elected candidate, after 10am, Saturday 29 May.

The writ will then be returned to the Speaker of the Legislative Assembly on Monday, 31 May.

2. Two candidate preferred sorting tool

A two candidate preferred sorting tool for the Upper Hunter State by-election will be available on the NSW Electoral Commission website in early June.

The tool allows the user to select any two candidate preferred combination of candidates to see how preferences flowed for each voting centre, early voting centre and declaration vote category.

3. Election Campaigns Fund – claims for reimbursement

Candidates at the Upper Hunter by-election may be eligible to claim reimbursement from the Election Campaigns Fund for certain electoral expenditure incurred by or on their behalf. A candidate is eligible to make a claim for payment if they were elected or received at least 4% of first preference votes received by all candidates at the by-election.

Eligible candidates must make a claim for payment which details the electoral expenditure incurred between 22 February and 22 May by the candidate or on their behalf by the party agent.

The NSW Electoral Commission will notify eligible candidates in the week commencing 31 May of the steps they need to take to make a claim.

More information about the Election Campaigns Fund can be found on our website.

4. Campaign account – dispersal of funds

Candidates who were required to operate their own campaign account for the Upper Hunter by-election must disburse any remaining funds when the account is no longer required. Remaining funds must be paid to a charity nominated by the candidate or by the NSW Electoral Commission.

If a candidate contributed their own funds into their campaign account, any of those funds that are unused may be reimbursed to the candidate.

If a candidate is to receive a payment from the NSW Electoral Commission from the Election Campaigns Fund the account is to remain open so the payment can be made into the account.

When the account is no longer required, the account may be closed. Bank statements of the account must be kept for at least three years. 

5. Political donation and electoral expenditure disclosures

Candidates and third-party campaigners at the Upper Hunter by-election are required to submit political donation and electoral expenditure disclosures for the period ending 30 June 2021.

Political donation disclosures for the half-yearly period 1 January to 30 June 2021 are due on 28 July 2021. Annual electoral expenditure disclosures for the period 1 July 2020 to 30 June 2021 are due on 22 September 2021.

Disclosure forms will be available on the NSW Electoral Commission website from 1 July.

More information about disclosures can be found on our website.