Legislative Council: voting and counting

Legislative Council voting

To cast a formal vote an elector may choose to vote either ‘above the line’ or ‘below the line’ on the Legislative Council ballot paper. 

Voting above the line 

If an elector chooses to vote above the line, they must place the number ‘1’ in the group voting square for the group of their choice. 

The elector may show further preferences by placing the number ‘2’ in the group voting square next to their second choice, the number ‘3’ in the group voting square next to their third choice and so on. 

In the example Legislative Council ballot paper at Figure 1, assume Groups A, B, C and E each have 15 candidates in their group. The elector has voted above the line. The numbers below the line illustrate how this ballot paper would be counted.

Figure 1

Voting below the line 

If an elector chooses to vote below the line, they must vote for at least 15 candidates by placing the numbers ‘1’ to ‘15’ in the squares next to the candidates in the order of their choice. 

The elector may show further preferences, starting with the number ‘16’ and so on. 

When voting below the line, the elector is not required to vote for all candidates in a group before voting for candidates in another group as shown in Figure 2. 

Figure 2

Ballot papers marked above and below the line

If a ballot paper is marked both above the line and below the line, and both sections are formal, the below the line section takes precedence. If one section (above or below the line) is formal and the other informal, the formal section takes precedence. 

Under no circumstances should an elector be instructed to vote both above and below the line on their ballot paper.

Legislative Council counts

Legislative Council ballot papers will undergo the following counts:

Legislative Council counts timeline

The following table is a guide to the timing and locations of the Legislative Council counts. Please note this timetable may be subject to change and you must refer to the NSW Electoral Commission’s website for up-to-date information. 

Note: Reference to Week 1 is the first week after election day, Week 2 the second week and so on. 

Legislative Council distribution of preferences

The Distribution of Preferences will take place at the NSW Electoral Commission head office in Sydney following the completion of check count and data entry.  

The Distribution of Preferences will be conducted using PRCC. It will take approximately one hour to complete. Candidates, scrutineers, media and other interested parties may be present to witness the distribution of preferences. 

Legislative Council results on the NSW Electoral Commission website

As the initial first preference count is conducted from 6pm election night, the results will be displayed on the NSW Electoral Commission Virtual tally room page for the information of candidates, registered political parties, the public and the media. 

Initial first preference count results will be updated on the virtual tally room as the initial counts progress for early voting, declared facilities, postal and declaration votes in the weeks after election day. 

Check count first preference figures will be displayed on the Virtual Tally Room from approximately the Wednesday following election day onwards. 

As the check count and data entry progresses over the three week period of counting, a Legislative Council state summary report will be updated daily on the Virtual Tally Room.

Reporting of final results

Following the completion of the check count and data entry of Legislative Council ballot papers and the conduct of the Distribution of Preferences using PRCC, the NSW Electoral Commission website will display the following official result reports: 

• Count of first preference results; and 
• Distribution of Preferences results. 

Recount

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 State election event webpage. 

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 writ

The Electoral Commissioner will endorse the name of the successful candidates on the writ and will return the writ 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 are advised to seek their own legal advice should they wish to pursue this course of action.