Legislative Assembly: voting and counting
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Legislative Assembly voting
The method of voting in Legislative Assembly elections is optional preferential. To cast a formal vote, the elector must place the number ‘1’ in the square next to their first choice candidate. They have the ‘option’ to show further preferences by placing the number ‘2’ in the square next to their second choice candidate, the number ‘3’ next to their third choice candidate and so on. They may number as many or as few squares beyond their first choice candidate as they wish.
Examples of formal and informal Legislative Assembly ballot papers
View examples of Legislative Assembly ballot papers
Legislative Assembly counts overview
Legislative Assembly ballot papers will undergo the following counts:
Legislative Assembly counts timeline
The following table is a guide to the timing and locations of the Legislative Assembly counts. Please note this timetable may be subject to change and you must refer to the NSW Electoral Commission’s website for the up-to-date timeline.
Note: Reference to Week 1 is the first week after election day, Week 2 the second week and so on.
Two-candidates preferred analytics tool
The TCP analytics tool allows the public to see preference flows for any combination of TCP candidates for a given Legislative Assembly district using the final check count data. The results of each TCP count are shown by the tool to the following level of detail:
- each voting centre
- each early voting centre
- all declared facilities
- each declaration vote type.
The TCP preferred analytics tool will be published on the NSW Electoral Commission website approximately three weeks after election day.
Legislative Assembly distribution of preferences
The distribution of preferences will take place in the Election Manager’s office following the completion of the check count and data entry.
The Distribution of Preferences will be conducted using PRCC, which determines:
- formality, based on the markings on the ballot papers data entered into the system
- the absolute majority
- which candidate is to be excluded (the lowest polling candidate in the count) and the distribution of their votes to the remaining candidates in the count.
The Distribution of Preferences usually takes only a few minutes to complete. Candidates, scrutineers, media and other interested parties are entitled to be present to witness the process in the Election Manager’s offices.
A candidate may be elected without the need for a distribution of preferences if they receive an absolute majority, i.e. 50% + 1 of formal first preference votes. However, a Distribution of Preferences will still be conducted, for statistical purposes.
Legislative Assembly results on the Virtual tally room
As the initial first preference and two-candidate preferred Legislative Assembly counts are conducted from 6pm election night onwards, the results will be displayed on the NSW Electoral Commission Virtual Tally Room (VTR) for the information of candidates, registered political parties, the public and the media.
Check count first preference figures will be displayed progressively on the VTR during the weeks after election day. The check counts are the final official count used in the distribution of preferences to determine the elected candidate(s).
Reporting of final results
Following the completion of the check count and data entry of Legislative Assembly ballot papers for a district, and the conduct of the distribution of preferences in the NSW Electoral Commission computer count system, the NSW Electoral Commission website will display the following final result reports for the district:
- Legislative Assembly first preference results
- Legislative Assembly two-candidate preferred results
- Legislative Assembly distribution of preferences results
- Legislative Assembly Preference file
Recounts
At any time before the declaration of an election result, the Electoral Commissioner may re-count the ballot papers:
- if the Commissioner thinks fit, on the request of any candidate in the election, or
- on the Commissioner’s own motion.
Any request for a recount must set out the reasons for the request and be made by the candidate before the Commissioner declares the result of an election. The NSW Electoral Commission will publish the expected date and time at which each election result will be declared.
More information about the Commission’s policy in relation to recounts is available on the 2023 State election event page.
Declaration of election result
Following the completion of the distribution of preferences, the Electoral Commissioner will declare the result of the election.
Return of the writs
The Electoral Commissioner will endorse the name of the successful candidate on the writ for each electoral district and will return the writs to the Governor of New South Wales.
Disputing an election
Candidates may challenge the results of an election by filing a petition with the Prothonotary of the Supreme Court, as the Court of Disputed Returns, within 40 days of the return of the writ.
Candidates should seek their own legal advice should they wish to pursue this course of action.