Public funding of election campaigns

Candidates for State elections may be eligible to be reimbursed for certain electoral expenditure incurred in connection with a State by-election.

Candidates 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 on its website.

For further information go to the NSW Electoral Commission website or contact us.

What is the Election Campaigns Fund?

The Election Campaigns Fund is the fund kept by the NSW Electoral Commission for each State by-election to reimburse eligible candidates for electoral expenditure incurred in connection with the by-election. 

In relation to the public funding of election campaigns for a State by-election ‘electoral expenditure’ means electoral expenditure incurred during the capped expenditure period for the by-election (issue of the writ to election day) that is within the candidate’s applicable expenditure cap.

Payments are made by the NSW Electoral Commission from the fund into the campaign account of an eligible candidate or the party’s State campaign account in the case of a candidate who is a member of a registered party.

What are the eligibility criteria for a candidate?

A nominated candidate is eligible for payments from the Election Campaigns Fund in respect of a State by-election if:

• the candidate is registered in the Register of Candidates for the election on the election day for the election, and
• the candidate is elected, or the total number of first preference votes received by the candidate is at least 4% of the total number of first preference votes in the electoral district in which the candidate was duly nominated for election.

What is the amount of public funding available to a candidate?

The amount payable from the Election Campaigns Fund to an eligible candidate is determined following the by-election. As a guide the following applies:

• $5.60 for each first preference vote received by the candidate in the election, or
• the total amount of the actual campaign expenditure of the candidate, whichever is the lesser.

Electoral expenditure of the candidate does not include electoral expenditure of the party. If a party wishes to claim electoral expenditure, the party must invoice the candidate for electoral expenditure incurred by the party (whether or not the candidate has a legal liability to pay the invoice). The expenditure that has been invoiced to the candidate may then be included in a claim for payment made by the candidate.

Making a claim for payment

To receive a payment from the Election Campaign Fund, an eligible candidate must make a claim to the NSW Electoral Commission.

The NSW Electoral Commission writes to all eligible candidates to inform them how and when to make a claim for payment.

Final payments to candidates and parties

If an eligible 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.