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General
The NSW Electoral Commission may provide guidance on whether electoral material (how-to-vote cards, posters, social media posts) complies with electoral laws, but it does not provide legal advice. Electoral participants should seek their own legal advice before producing their electoral material if they have any concerns about its legality.
The legislation provides requirements in relation to content, type, placement and distribution of electoral material during the regulated election period.
Political parties, candidates, their workers, individuals, organisations and community groups must also comply with any other laws about roads, telegraph poles, private and public property and other public spaces regulated by authorities such as local councils, the NSW Police Force, and the Australian Communications and Media Authority when distributing, displaying or broadcasting electoral material. Any civil action between individuals with respect to the content of electoral material are not matters regulated by the NSW Electoral Commission.
The regulated election period
The regulated election period is from the date of the issue of the writs up to 6pm on election day, i.e. from Monday, 6 March 2023, to 6pm, Saturday, 25 March 2023.
Before the regulated election period, neither the NSW Electoral Commission nor the Election Manager regulate the content of electoral material (other than the display, publication or distribution of material falsely appearing to have been authorised by the Electoral Commission or Electoral Commissioner, which is always an offence). However, there are other laws, regulations and codes enforced by local councils and other regulatory bodies that impact the display, publication and broadcasting of electoral material.
Further, electoral expenditure is defined in the Electoral Funding Act to include amongst other things, the expenditure on the production and distribution of election material as well as the expenditure on postage. You must not accept political donations or make payments for electoral expenditure unless you first register under the Electoral Funding Act whether or not you are duly nominated as a candidate for an election. Accepting political donations or incurring electoral expenditure prior to being registered under the Electoral Funding Act may result in significant penalties.
During the regulated election period, all electoral material must meet the requirements of the Electoral Act.
Electoral material definition
Electoral material means anything, including without limitation a how-to-vote card, poster or advertisement containing electoral matter (whether in a tangible or an electronic form).
Electoral matter definition
Electoral matter means:
- any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election or
- the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.
In addition, on election day, electoral matter also means any express or implicit reference to, or comment on:
- an election
- any local government council or any previous council
- any local government Councillor or previous Councillor
- the government, the opposition, a previous government or a previous opposition, of New South Wales or any other State or Territory of the Commonwealth
- a member or former member of the Parliament of New South Wales or any other State or Territory of the Commonwealth
- a political party, a branch or division of a political party or a candidate in an election, or
- an issue submitted to, or otherwise before, the electors in connection with an election.
Use of coats of arms, logos and trademarks
The coats of arms, logos, trademarks of local councils and other public or private organisations may be the property of those bodies. It is recommended approval is obtained from those bodies before they are included on electoral material.
Although the NSW Electoral Commission will not direct that distribution of such electoral material cease on that basis alone, other bodies may still take legal action against persons involved with the material.
Writing and drawing or depicting electoral matter
A person must not, during the regulated period, write, draw or depict any electoral matter directly on any property, being a roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water), unless the person:
- was the owner or joint owner of the property or
- performed the act concerned with the permission in writing of the owner or a joint owner of the property or
- was the owner or joint owner of the premises on which the vehicle, vessel or hoarding was situated or
- performed the act concerned with the permission in writing of the owner or a joint owner of the premises.
These exemptions do not apply to any premises or property occupied or used by, or under the control or management of:
- the Crown or a NSW Government agency, or
- any council or county council.
Electoral material at an early voting centre
Electoral material may be handed out and posters displayed at early voting centres provided the material and/or posters meet legislative requirements.
There is no requirement for electoral material and/or posters distributed or displayed at early voting centres to be registered.
In addition to those requirements detailed earlier, the following rules apply at early voting centres:
- electoral material and/or posters cannot be distributed or displayed inside the early voting centre;
- electoral material and/or posters cannot be displayed or handed out within 6 metres of the entrance to the early voting centre; and
- posters cannot be displayed on the exterior of a building used as an early voting centre.
‘Distribution’ also means placement of electoral material that can be collected by electors.
Use of loudspeakers, sound systems, radio equipment, etc
A person cannot canvass or solicit for votes, or induce an elector not to vote for a particular candidate or group using a loudspeaker, sound system, radio equipment, etc where that activity is audible within the early voting centre.
Electoral material at declared facilities
Electoral material handed out and posters displayed at declared facilities (e.g. nursing homes) must meet the legislative requirements.
There is no requirement for electoral material and/or posters distributed or displayed at declared facilities to be registered.
In addition to those requirements detailed earlier, the following rules apply at declared facilities:
- electoral material and/or posters cannot be distributed or displayed inside the declared facility
- electoral material and/or posters cannot be displayed or handed out within six metres of the entrance to the declared facility
- posters cannot be displayed on the exterior of a declared facility.
‘Distribution’ also means placement of electoral material that can be collected by electors.
Please note that declared facilities include hospitals, nursing homes, retirement villages or similar facilities that are either privately or publicly owned.
Registered political parties, groups, candidates, and other persons or organisations, may make their own arrangements with the management of the declared facility venue for electoral material to be left at the venue, or for candidate visits to occur, before election officials are taking votes at these venues (i.e. electoral material/posters must be removed and canvassing must cease within the restricted areas while the facilities are being used as an early voting centre).
Electoral material at a voting centre
Definition of a voting centre
The voting centre is deemed to be the building where voting takes place on election day. Unless specifically instructed by the Electoral Commissioner, the voting centre does not include the grounds that surround the building, even if the grounds are enclosed by a fence or other boundary.
Therefore, the entrance to the voting centre is the door through which you enter the building where voting will take place, that is, the external door of the building. This is applicable even when voting is taking place in a room within that building, or in only one section of that building.
Electoral material may be handed out and posters displayed at voting centres provided the materials and/or posters meet the legislative requirements.
Six metre rule at voting centres
It is an offence to obstruct the access or approaches to the voting centre, or to distribute electoral material or canvass electors or display posters within six metres of the entrance to a voting centre.
‘Distribution’ also means placement of electoral material that can be collected by electors.
Using tape or some other landmark, such as a tree, post or line across a path, the Voting Centre Manager will establish and mark out a place that is six metres from the entrance to the voting centre.
The Commissioner has issued guidelines that voting centre managers and election officials must consider in relation to enforcing the six-metre rules.
Guidelines for voting centre managers and election officials for the 2023 NSW State election.
Diagram of a voting centre on election day
A diagram of a voting centre on election day appears below. This diagram illustrates the following:
- electoral material and/or posters cannot be distributed or displayed inside the voting centre
- electoral material and/or posters cannot be displayed or handed out within six metres of the entrance to the voting centre
- posters cannot be displayed on the exterior of a building used as a voting centre.
Canvassing in or near voting centre
A person must not canvass for votes, or solicit the vote of any elector, or induce any elector not to vote for any particular candidate or group of candidates, or induce any elector not to vote at the election, on election day within a voting centre, or within 6 metres of an entrance to a voting centre.
Use of loudspeakers, sound systems, radio equipment, etc
A person cannot canvass and/or solicit for votes, or induce an elector to vote for a particular candidate or group using a loudspeaker, sound system, radio equipment, etc, where that activity is audible within the voting centre or within 6 metres of an entrance to the voting centre.
Projections of voters at voting centres
Data projections of estimated voter turnout at each voting centre will be published on elections.nsw.gov.au in prior to the election.
This information will be of assistance to candidates, registered political parties and third-party campaigners to plan how many how-to-vote cards they may require at each voting centre and to assist when allocating candidate/party workers to attend each voting centre.
Posters
Authorisation of electoral material
Learn more about the authorisation of electoral material
Registration of electoral material
Learn more about the registration of electoral material
Enquiries and allegations about electoral material
Assistance
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 at candidates@elections.nsw.gov.au or calling 1300 022 011.
Reports alleging unlawful electoral material
To allege that electoral material used or published during the regulated election period is or was unlawful, a report should be made in writing by emailing us at candidates@elections.nsw.gov.au.
An allegation 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.
The NSW Electoral Commission regulates elections in accordance with the law and in a transparent, fair and impartial way. While your report will be acknowledged, there are strict limitations on disclosure of information relating to our investigation functions. We may be authorised or required by law, however, to disclose personal information that you report to us. For example, the NSW Electoral Commission may be satisfied under the Electoral Act that it is in the public interest in a particular case to disclose information (including identifying information) publicly about a matter under investigation, including to any person who may have reported the breach or to the general public, for instance, regarding any investigation or other action that has been taken.
The NSW Electoral Commission will consider its compliance and enforcement policies when reviewing reported allegations about electoral material. Relevant principles include:
proportionality: any action decided upon by the NSW Electoral Commission will be proportionate to the seriousness of potential breaches of the law and the surrounding circumstances
prioritisation: reported allegations are prioritised according to a number of considerations, including but not limited to legislative timeframes and the known or foreseeable impact of potential breaches of the law and
use of resources: decisions are made about allegations, including potential investigation and enforcement action, in a way that uses the resources of the NSW Electoral Commission appropriately.