Allegations and offences
All parties, candidates, their helpers and scrutineers, must comply with the Electoral Act and the Electoral Funding Act. Potential breaches are dealt with in accordance with the NSW Electoral Commission’s Compliance and enforcement policy and Procedures.
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Electoral offences
The NSW Electoral Commission is responsible for investigating and enforcing electoral offences at NSW State elections.
If you consider a breach of electoral laws has occurred or is taking place you may:
in the first instance, refer the breach to the Election Manager for the electoral district. The Election Manager can assess the allegation and endeavour to arrange for the breach to be remedied by the election participant as quickly as possible or, if immediate rectification is not possible, they will refer it to head office for review; or
refer the breach, preferably in writing, directly to candidates@elections.nsw.gov.au.
The display or distribution of electoral material is only regulated during the regulated period for the election (that is, from the issue of the writs to 6pm on election day). Electoral material outside this period is not regulated by the NSW Electoral Commission, other than the display, publication or distribution of material falsely appearing to have been authorised by the Electoral Commission or Electoral Commissioner, which is an offence at all times.
Examples of electoral law breaches, including some electoral material offences, include:
Misuse or disclosure of, or failure to comply with an undertaking regarding enrolment information in a list of electors provided to a candidate or party.
Electoral bribery including asking for or receiving any property or benefit in order to influence or affect the vote of another person (electoral bribery must be of a serious nature calculated to influence the vote of a particular person in a particular way and does not include the general provision of food and drink at "sausage sizzles" or benefit concerts and the like during election campaigns).
Making false or misleading statements or declarations in electoral forms, and improperly signing or witnessing forms.
Printing, publishing or distributing non-complying electoral material including how-to-vote cards and posters, for example, by not including the name and address of the person who authorised the material or the name and place at which it was printed.
Printing, publishing or distributing electoral material likely to mislead an elector in relation to the casting of a vote, or that falsely appears to have been authorised by the Electoral Commission or Electoral Commissioner.
Canvassing or displaying election posters within six metres of the entrance to a voting centre on election day.
Distributing electoral material on election day that has not been registered by the NSW Electoral Commission.
Failure of an elector to vote.
Impersonation of an elector, or voting more than once at an election.
Failure to follow a direction (written or verbal) given by an election official to maintain order at a voting centre.
While allegations received by the NSW Electoral Commission will be acknowledged, there are strict limitations on disclosure of information relating to our investigation functions, including to any candidate or party officer who reported a potential breach.
We may be authorised or required by law, however, to disclose personal information reported to us in some circumstances. 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, or to the person who may have reported the breach.
Electoral funding offences
The NSW Electoral Commission is responsible for investigating and enforcing electoral funding offences.
If you consider a breach of the electoral funding laws has taken place, you may refer the breach in writing to the Funding Disclosure Compliance and General Counsel Division of the NSW Electoral Commission:
Mail: GPO Box 4046 Sydney 2001
Examples of breaches of electoral funding laws include:
candidate not registered for the election before accepting donations or making payment for electoral expenditure
third-party campaigner not registered before making payment for electoral expenditure incurred during the capped expenditure period
failure to update the registered details of a candidate or third-party campaigner that is registered for the election
failure to deposit political donation into the campaign account as required
payment of electoral expenditure from an account other than the campaign account
making or accepting unlawful political donations
failure to know the name and address of a person making a reportable political donation
failure to keep a record of a reportable political donation and/or issue a receipt to the donor
making or accepting an unlawful indirect campaign contribution
failure to disclose political donations or electoral expenditure and
making a false statement in an application for registration or in a disclosure.
Because of the nature of certain electoral funding breaches, the NSW Electoral Commission may not be able review or investigate allegations before or during the election, or prior to the relevant disclosure, claim and supporting documents are lodged by a political participant.
While allegations received by the NSW Electoral Commission will be acknowledged, there are strict limitations on disclosure of information relating to our investigation functions, including to any candidate or party officer who reported a potential breach.
We may be authorised or required by law, however, to disclose personal information reported to us in some circumstances. 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, or to the person who may have reported the breach.