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Above the line
The Legislative Council ballot paper has a thick black line dividing the ballot paper. An Above The Line vote is a vote where the elector has placed their preference(s) in a group voting square above the line.
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Absent vote
A vote cast by an elector who is outside their enrolled electoral district.
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Absolute majority
A candidate for the Legislative Assembly must have an absolute majority of formal votes (after distribution of preferences) in order to be elected. An absolute majority is 50% + 1 of formal votes.
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Applicable cap on electoral expenditure
Electoral expenditure incurred by parties, groups, candidates and third-party campaigners is capped during the capped expenditure period of a state general election. There are different caps applicable to parties, groups, candidates and third-party campaigners.
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Applicable cap on political donations
Political donations made to registered political parties, unregistered parties, elected members, groups, candidates, associated entities and third-party campaigners are subject to caps. There are different caps applicable to registered political parties, unregistered parties, elected members, groups, candidates, associated entities and third-party campaigners.
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Associated entity
A corporation or other entity that operates solely for the benefit of a party that is registered for state elections or a member of the NSW Parliament. Associated entities must be registered with the NSW Electoral Commission, and their political donations and electoral expenditure are regulated under the Electoral Funding Act.
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Australian Electoral Commission (AEC)
The AEC conducts federal elections and in partnership with the Electoral Commissioner, maintains the electoral roll for state and local government elections.
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Authorised roll
A printed or electronic roll of electors for a district as at 6pm on the day the writs for a general election are issued, which will be the nineteenth day preceding the election day. A person must be on the authorised roll to be eligible to nominate as a candidate. Copies of this roll are used in voting centres.
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Ballot counting place
A place appointed by the Electoral Commissioner for the counting of ballot papers.
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Ballot paper draw
The process of determining which order the candidates (and groups if applicable) will appear on the ballot paper. The draw is conducted by the Election Manager for the Legislative Assembly and the Electoral Commissioner for the Legislative Council.
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Below the line
The Legislative Council ballot paper has a thick black line dividing the ballot paper. Candidates in appear below the line on the ballot paper. A Below The Line vote is a vote where the elector has placed their preferences for candidates below the line.
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Campaign account
The account that is kept by a political party, candidate, group of candidates or third-party campaigner for political donations and electoral expenditure.
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Candidate
A person who is nominated in accordance with the Electoral Act for election to political office and whose nomination has been accepted by the Electoral Commissioner. Only duly nominated candidates have their names included on a ballot paper.
Under NSW electoral funding laws, a candidate also refers to:
- A person registered as a candidate under the Electoral Funding Act for the purpose of accepting political donations or making payments for electoral expenditure.
- An unregistered candidate. The rules that apply to the management and disclosure of political donations and electoral expenditure apply to a person who is not yet registered or nominated as a candidate for the election.
It is important to note that being nominated as a candidate for the purposes of being included on a ballot paper is a separate process to being registered as a candidate for electoral funding purposes.
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Capped expenditure period
The period in which the electoral expenditure of parties, groups, candidates and third-party campaigners is capped. The period starts 1 October 2022 and ends on election day.
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Centralised declaration vote count centre (CDVCC)
All declaration vote envelopes cast at early voting centres, declared facilities and voting centres will be sent to the CDVCC for scrutiny, initial count and data entry using computer software.
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Centralised postal vote count centre (CPVCC)
All postal vote applications and returned postal votes will be processed at the CPVCC, including scrutiny of postal envelopes, extraction of ballot papers, initial count and check count.
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Check count
A ‘check’ or ‘second’ count of all first preference votes conducted after election day. The results of the check count are considered to be the final count of first preference votes.
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Close of roll
The date when the rolls for the election are closed to allow for printing of authorised rolls. This is the day of the issue of the writs for a general election.
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Constitution Act 1902
The Constitution Act provides the legal framework by which the state is governed, including that the Legislative Assembly is elected for a fixed four year term and that Members of the Legislative Council are elected for eight years, with half the members being elected at each Legislative Assembly election.
It also sets out the systems of election, methods of voting and the counting of votes at elections for the Legislative Assembly and Legislative Council. It also provides that voting is compulsory for electors who are entitled to vote at a state election.
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Continuing candidate
A candidate who has not been ‘excluded’ during a distribution of preferences.
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Court of Disputed Returns
The Supreme Court sits as the Court of Disputed Returns to hear petitions challenging the validity of a state election.
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Culturally and linguistically diverse (CALD)
A NSW electoral district is identified as being culturally and linguistically diverse if it has a significant population of electors who speak a language other than English at home.
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Declaration of the poll
An official declaration made by the Electoral Commissioner that sets out the result of the election held.
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Declaration vote
Any vote that requires the elector to sign a declaration instead of being marked off the authorised roll. Ballot papers are enclosed in an envelope bearing the printed declaration signed by the elector. Includes absent, enrolment, postal and other special vote categories.
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Declared facility
A hospital, nursing home, retirement village or similar facility that is declared by the Electoral Commissioner as a ‘declared facility’ which is to be provided with a mobile voting centre. A declared facility is taken to be an early voting centre while voting occurs at the facility.
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Declared facility ordinary vote
Type of vote issued to a declared facility elector who is voting in a declared facility that is located within the elector’s enrolled electoral district.
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Discarded ballot papers
A ballot paper that is found discarded in a voting centre is retained and recorded by the Early Voting Centre Manager or Voting Centre Manager. Discarded ballot papers are not admitted to the count.
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Disclosure
The reporting of political donations and electoral expenditure by a party, elected member, candidate, group, third-party campaigner, associated entity or major political donor to the NSW Electoral Commission.
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Distribution of preferences
The process of determining the successful candidate in an election, by distributing ballot papers (either of an excluded candidate or the surplus of an elected candidate) to the remaining candidates according to the preferences on each ballot paper.
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Donor
A person or entity who makes a political donation to a party, elected member, candidate, group or other person or entity such as a third-party campaigner or associated entity.
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Early voting
Eligible electors can vote before election day at an early voting centre.
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Early voting centre
A voting centre that has been designated for early voting. Days and hours of operation of an early voting centre are determined by the Electoral Commissioner.
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Elected member
A Member of the Parliament of NSW.
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Election Campaigns Fund
The fund used by the NSW Electoral Commission to reimburse eligible parties and candidates for electoral expenditure incurred in connection with the election.
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Election day
The day when electors go to a voting centre to vote.
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Election Manager
Appointed under the Electoral Act to conduct an election for one or more districts.
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Election Manager's office
The office of the Election Manager located in a State electoral district.
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Election night
After 6pm on election day when the voting centres are closed.
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Election Official
Appointed under the Electoral Act to assist with the functions of voting and counting at an election. Election Officials include Election Managers, Voting Centre Managers and staff working in voting centres, Election Manager’s offices and centralised count centres.
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Election Sunday
The Sunday following election day.
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Elector
A person entitled to vote at an election.
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Electoral Act 2017
The Electoral Act sets out how elections to the NSW Parliament are conducted.
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Electoral Commissioner
The Electoral Commissioner is appointed under the Electoral Act and is a member of the NSW Electoral Commission, the independent statutory authority consisting of three members. The Commissioner is also the head of the staff agency referred to as the NSW Electoral Commission.
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Electoral district
For the Legislative Assembly, one of 93 geographical areas containing approximately equal numbers of electors. For the Legislative Council, the district is the whole State of New South Wales.
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Electoral expenditure
Expenditure for or in connection with promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election.
For a third-party campaigner, electoral expenditure is expenditure that has the dominant purpose of promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election.
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Electoral Funding Act 2018
The Electoral Funding Act and Electoral Funding Regulation regulate the political donations and electoral expenditure of parties, elected members, candidates, groups, third-party campaigners and associated entities. The Electoral Funding Act and the Electoral Funding Regulation deal with:
- the registration of electoral participants for the election
- the disclosure of political donations and electoral expenditure, and
- the rules for accepting donations and making payments for expenditure.
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Electoral funding offence
An offence under the Electoral Funding Act.
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Electoral material
Any ‘how-to-vote’ card, advertisement or anything else containing electoral matter, whether in a tangible or an electronic form.
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Electoral matter
Generally, any matter capable of affecting the result of an election or capable of influencing an elector in casting a vote. Includes the name of a candidate or political party, or photograph, drawing or image of a candidate.
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Electoral offence
An offence under the Electoral Act.
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Enrolment/name not on roll declaration vote
An eligible person whose name does not appear on the roll for a district but claims to be entitled to appear on that roll, or wishes to transfer their enrolment from one district to another, is permitted to vote if they make a written declaration at an early voting centre or voting centre. Certain identification must be provided for some categories of enrolment/name not on roll declaration votes.
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Exhausted ballot paper
In a distribution of preferences, a ballot paper that has no further formal preferences for continuing candidates.
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Formal ballot paper
A ballot paper which has been marked in accordance with the voting directions on the ballot paper and counts towards the result of an election.
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Group
Candidates that have been duly nominated for the Legislative Council election can form into groups on the ballot paper. The order of candidates within each group is determined by those candidates.
Under NSW electoral funding laws a group also refers to:
- two or more registered candidates who are registered as a group for the purposes of the group accepting political donations and making payments for electoral expenditure.
- an unregistered group. The rules that apply to the management and disclosure of political donations and electoral expenditure apply to individuals not yet registered as a candidate or group. Unregistered candidates must not accept political donations or pay for electoral expenditure.
It is important to note that the nomination process that includes nominated candidates requesting to form a group on the ballot paper is a separate process from the registration of a group for electoral funding purposes.
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Group voting square
A group with at least 15 members may request a group voting square on the Legislative Council ballot paper for above the line voting.
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How-to-vote card
A card, pamphlet, leaflet or notice that encourages an elector to vote for a particular candidate, party or group, often including a representation of a ballot paper.
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Independent
A candidate or Member of Parliament who is not endorsed by a registered political party.
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Informal ballot paper
A ballot paper that has not been completed according to the directions for voting on the ballot paper and cannot be saved as a formal vote by the formality provisions in the legislation.
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Initial count
The first count of all first preference votes, conducted at voting centres on election night and at the Election Manager’s office from election night onwards. This count is indicative only and is not part of the formal count process.
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Legislative Assembly
The lower house of the Parliament of New South Wales. It has 93 members each representing an electoral district. All 93 members are elected at a general election, every four years.
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Legislative Council
The upper house of the Parliament of New South Wales consisting of 42 members elected for an eight year term, half of whom are elected at each general election every four years.
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Legislative Council count centre (LCCC)
Where the official count (i.e. data entry) of Legislative Council ballot papers will be conducted.
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Major political donor
A person or entity (other than a party, elected member, group or candidate) who makes a reportable political donation (a political donation of $1,000 or more, either as a single donation or multiple donations made by the same donor to the same recipient in one financial year that in aggregate are valued at $1,000 or more).
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Multi-district voting centre
In some instances voting centres that are located on or near the boundary between two or more districts may issue votes for more than one district area. These are known as multi-district polling places.
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Name already marked as voted (NAMAV)
If, at an early voting centre or voting centre, an elector is recorded as having voted, and claims not to have received a ballot paper, the elector is permitted to vote if the elector makes a written declaration. The elector's ballot papers are placed inside the declaration vote envelope for further scrutiny.
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Name not on roll (NNOR)
Electors who claim to be enrolled but are not on the authorised roll can claim a name not on roll vote.
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Nomination
The process by which a person applies to become a candidate for election and have their name appear on the ballot paper.
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Nomination Online Management System
A web based application on the NSW Electoral Commission website that allows candidates to complete their nomination forms, form groups, pay the nomination deposit and lodge online.
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NSW Electoral Commission
The independent statutory authority constituted under the Electoral Act consisting of three members, including the Electoral Commissioner, which regulates and enforces electoral laws, including the political donation and electoral expenditure disclosure and public funding schemes under the electoral funding laws.
NSW Electoral Commission also refers to the staff agency, headed by the Electoral Commissioner, that assists the Electoral Commission and Electoral Commissioner to exercise their functions
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Official agent
A person who is responsible for the management and disclosure of the political donations and electoral expenditure of a third-party campaigner or associated entity.
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Official count
A second count of all ballot papers from all voting centres and all declaration votes conducted in the week(s) after election day. This official count involves ballot papers being data entered into a computer counting system and determines the elected candidate(s).
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Optional preferential
The method of voting and counting the votes for a Legislative Assembly election.
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Ordinary vote
When a ballot paper is issued to an elector after marking their name off the authorised roll and the elector places the completed ballot paper directly into a ballot box, this is known as an ordinary vote, as distinct from a declaration vote.
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Party
A body or organisation, incorporated or unincorporated, having one of its objects or activities the promotion of the election to the NSW Parliament or a local Council of a candidate or candidates endorsed by it. A party includes a registered political party and an unregistered political party.
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Party agent
A person who is responsible for the disclosure of political donations and electoral expenditure of a party. In some cases, a party agent may also be responsible for the management and disclosure of elected members, groups and candidates who are members of the party. A party includes a registered political party and an unregistered political party.
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Party/candidate worker
A person who assists political parties or candidates by handing out how-to-vote cards. Unlike scrutineers, a party worker has no official status.
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Photo card
New South Wales Photo Identification Card issued by Transport for NSW.
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Political donation
- a gift made to or for the benefit of a party or a group of candidates, or
- a gift made to or for the benefit of an elected member, the whole or part of which was used or is intended to be used by the elected member:
- solely or substantially for a purpose related to an election or to the elected member’s duties as an elected member, or
- to enable the elected member to make, directly or indirectly, a political donation or to incur electoral expenditure, or
- to reimburse the elected member for making, directly or indirectly, a political donation or incurring electoral expenditure, or
- a gift made to or for the benefit of a candidate, the whole or part of which was used or is intended to be used by the candidate:
- solely or substantially for a purpose related to an election, or
- to enable the candidate to make, directly or indirectly, a political donation or to incur electoral expenditure, or
- to reimburse the candidate for making, directly or indirectly, a political donation or incurring electoral expenditure, or
- a gift made to or for the benefit of an entity or other person (not being a party, elected member, group or candidate), the whole or part of which was used or is intended to be used by the entity or person:
- to enable the entity or person to make, directly or indirectly, a political donation or to incur electoral expenditure, or
- to reimburse the entity or person for making, directly or indirectly, a political donation or incurring electoral expenditure
This includes payments at fundraising events, annual or other subscriptions paid to a party, dispositions of property between parties or branches of a party, and uncharged loan interest.
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Postal vote
Eligible electors who are unable to attend a voting centre during voting hours on election day may apply to vote by post. Electors must apply for a postal vote and they must be eligible to vote as a postal voter.
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Postal vote application
Electors wishing to postal vote must complete a postal vote application, unless they are a registered general postal voter in which case they will automatically receive a postal ballot paper.
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Preferences
The numbers written by the elector in the square next to a candidate’s name or group on the ballot paper are called preferences. The number ‘1’ is the first preference; number ‘2’ is the second preference and so on.
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Proportional representation
The method of counting the votes for the Legislative Council election.
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Quota
In a proportional representation count for the Legislative Council candidates are elected when they have received a ‘quota’ of formal votes.
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Recount
If requested by a candidate and approved by the Electoral Commissioner, a recount of votes may be conducted to confirm the original result. Recounts can also be ordered by the Electoral Commissioner.
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Registered electoral material
Electoral material, including how-to-vote cards, registered by the Electoral Commissioner for distribution on election day. Only registered electoral material can be distributed on election day. In order to be registered it must satisfy certain requirements.
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Registered general postal voter (also known as a registered early voter (postal))
Electors who meet certain legislative requirements can apply to become a registered general postal voter with the Australian Electoral Commission. Registered general postal voters will receive their postal ballot papers automatically without having to apply.
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Registered political party (RPP)
A political party registered under the Electoral Act for state elections.
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Registration
The process by which an individual applies to the NSW Electoral Commission to be registered under the Electoral Funding Act as a candidate for an election.
The process by which registered candidates apply to be registered under the Electoral Funding Act as a group of candidates for an election.
A candidate or group must be registered before accepting political donations or paying for electoral expenditure for the election.
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Regulated election period
The period from the issue of the writs and ending at 6pm on election day in which certain campaigning activities are regulated.
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Returning officer
The Electoral Commissioner is the returning officer for all 93 Legislative Assembly districts and the Legislative Council.
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Roll tablet
Handheld electronic device that contains an electronic copy of the authorised roll for all State districts. Roll tablets are used to search for specific enrolment details of any elector registered to vote in NSW. They are not used to mark off electors.
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Scrutiny
The check of declaration envelopes to ensure compliance before the vote is admitted to the count. Also the process of checking ballot papers for formality.
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Scrutineer
A person appointed in writing by a candidate or registered political party to witness electoral procedures on behalf of the candidate or registered political party.
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Third-party campaigner
A third-party campaigner is a person or entity (other than an associated entity, party, elected member, group or candidate) who incurs more than $2,000 in electoral expenditure for a State election during the capped expenditure period for the election.
A third-party campaigner does not include an associated entity, party, elected member, group or candidate.
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Two candidates preferred count (TCP)
Provides an indication of the likely election outcome in a Legislative Assembly district by notionally distributing preferences from the lowest polling candidates to the two selected ‘preferred’ candidates. A two candidates preferred count is not the official distribution of preferences.
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Voting centre
A place appointed by the Electoral Commissioner for the purpose of taking the poll at an election (and includes an early voting centre).
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Voting Centre Manager
The election official responsible for managing an early voting centre, or a voting centre on election day.
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Writ
The document by which the Governor of New South Wales directs the Electoral Commissioner to conduct an election.