Public funding of election campaigns
Parties registered for state elections and candidates may be eligible to be reimbursed for certain electoral expenditure incurred in connection with the 2023 NSW State election.
Parties and candidates at the 2023 NSW State election should understand the entitlements they may have to claim a reimbursement of electoral expenditure incurred as set out in the Electoral Funding Act and the Electoral Funding Regulation.
This section provides an overview of the public funding of election campaigns of parties and candidates.
Details of the claims made and the amounts paid to eligible parties and candidates are published in the NSW Electoral Commission’s annual report and Reports section of the website.
For further information, learn more about the Election Campaigns Fund or contact us.
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What is the Election Campaigns Fund?
The Election Campaigns Fund is the fund kept by the NSW Electoral Commission to reimburse eligible parties and candidates for electoral expenditure incurred in connection with a State general election, and eligible candidates for electoral expenditure incurred in connection with or a State by-election.
In relation to the public funding of election campaigns for the 2023 NSW State election, ‘electoral expenditure’ means electoral expenditure incurred between 1 July 2022 and 25 March 2023 that is within the party or candidate’s applicable expenditure cap.
Payments are made by the NSW Electoral Commission from the fund into the State campaign account of a party or the campaign account of a candidate.
What are the eligibility criteria for a party?
A party is eligible for payments from the Election Campaigns Fund in respect of the 2023 NSW State election if:
it is a registered political party on election day
it endorses nominated candidates for the election and the NSW Electoral Commission is satisfied that the candidates claim to be endorsed by the party, and
it satisfies at least one of the following criteria:
in the case of the Legislative Assembly election, the total number of first preference votes received by all the candidates endorsed by a party is at least four per cent of the total number of first preference votes in all electoral districts in which the candidates were nominated for election, or
in the case of the Legislative Council election, the total number of first preference votes received by all the candidates endorsed by a party (and by all other candidates included in the same group) is at least four per cent of the total number of first preference votes in that election, or
at least one of the candidates endorsed by a party is elected at the election.
What are the eligibility criteria for a candidate?
A nominated candidate, who is not a member of a party, or whose party is not an eligible party, is eligible for payments from the Election Campaigns Fund if:
the candidate is registered in the register of candidates for the election on the election day; and
in the case of a candidate for the Legislative Council election, the candidate was not included in a group, or was included in a group where none of the members were endorsed by a party, and
the candidate satisfies at least one of the following criteria:
in the case of the Legislative Assembly election, the candidate is elected or the total number of first preference votes received by the candidate is at least four per cent of the total number of first preference votes in the electoral district in which the candidate was duly nominated for election, or
in the case of the Legislative Council election, the candidate is elected or the total number of first preference votes received by the candidate (and, if included in a group, by all other candidates included in the same group) is at least four per cent of the total number of first preference votes in the election.
What is the amount of public funding available to an eligible party?
The amount payable from the Election Campaigns Fund to an eligible party or candidate is the lesser of the following:
for an eligible party, certain amounts (‘dollar per vote’) for each first preference vote received by the endorsed candidates of the party, or for an eligible candidate, a certain amount (‘dollar per vote’) for each first preference vote received by the candidate, or
the total amount of the actual campaign expenditure incurred by the eligible party and its endorsed candidates or incurred by the eligible candidate.
Advance payments to eligible parties
A registered party is eligible for advance payment from the Election Campaigns Fund for electoral expenditure incurred in connection with the election if it was eligible to receive a payment from the Election Campaigns Fund at the 2019 NSW State election.
A party may receive the following amounts payable as an advance payment:
50 per cent of the total amount to which the party was entitled for the 2019 NSW State election. This may be paid as a lump sum or by instalments, from 1 October 2022 and before the issue of the writs for the election, which is expected to be on 6 March 2023.
a further 25% of the total amount to which the party was entitled for the 2019 NSW State election. This may be paid after the issue of the writs for the election.
The advance payment will be deducted from the amount payable to the party from the Election Campaigns Fund for the 2023 NSW State election.
If a party receives an advance payment greater than the amount (if any) to which it becomes entitled from the election campaigns fund after the election, it must repay the excess to the NSW Electoral Commission within 60 days after the day for the return of the writs for the election.
Any advance payment in respect of the election must be repaid, to the NSW Electoral Commission, on demand if:
the party does not contest the election, or
the party ceases to operate or be registered before election day; or
the party is or has been wound up or dissolved before election day.
Making a claim for payment
To receive a payment from the Election Campaign Fund, an eligible party or candidate must make a claim to the NSW Electoral Commission.
The NSW Electoral Commission writes to all eligible parties and candidates to inform them how and when to make a claim for payment.
Preliminary payments to eligible parties
After the election, if a party makes a claim from the Election Campaigns Fund and the NSW Electoral Commission is unable to finalise the claim within 14 days, the NSW Electoral Commission is required to make a preliminary payment within that period.
The preliminary payment will be 90 per cent of the total amount estimated by the NSW Electoral Commission to be payable to the party, less any advance payments made for the election.
In making an estimate, the NSW Electoral Commission may rely on information contained in the claim lodged by the party.
If a party receives a preliminary payment in excess of the amount (if any) to which it becomes entitled, it must repay the excess to the NSW Electoral Commission within 60 days from the NSW Electoral Commission notifying the party.
Final payments to candidates and parties
If an eligible party or candidate makes a claim from the Election Campaigns Fund the claim will be audited by the NSW Electoral Commission and a determination will be made as to the amount payable to the party or candidate, taking into account any advance or preliminary payments made to the party.