Nomination as a candidate: Legislative Assembly
Legislative Assembly candidates must be enrolled in New South Wales as at 6pm on the day the writs for the election are issued. They do not need to be enrolled in the district they are contesting. For example, a person enrolled in the Coffs Harbour district may nominate as a candidate in the Parramatta district.
A candidate for the Legislative Assembly may be nominated in one of two ways:
- by a registered political party; or
- by 25 electors enrolled in the district being contested.
On this page
Nomination by a registered political party
The registered officer or deputy registered officer of a registered political party can nominate a candidate for an electoral district, provided the party has been registered with the NSW Electoral Commission for 12 months before the close of nominations.
The relevant nomination forms and deposit are:
| Forms and deposit | Further information |
|---|---|
|
Registered political party candidate nomination form SEBY.202 |
Signed by the candidate and the registered officer or deputy registered officer of the registered political party |
|
Child protection declaration |
Signed by the candidate |
|
Nomination Deposit |
$250 per candidate |
The registered political party may choose to have either the full or abbreviated party name printed below the candidate’s name on the ballot paper.
Nomination by 25 electors
A person can be nominated as a candidate for an electoral district by 25 electors who, as at 6 pm on the day of the issue of the writs, are enrolled in the district being contested.
A candidate cannot nominate themselves. The nominators can include family members. An elector cannot nominate more than one candidate.
It is the candidate’s responsibility to ensure that their nominators are enrolled for the district that they are intending to contest.
It is strongly recommended that candidates have more than 25 nominators, in the event that some are found to be not enrolled or not enrolled in the relevant district or to have nominated another candidate.
The relevant nomination forms and deposit are:
| Forms and deposit | Further information |
|---|---|
|
Nomination of a candidate by 25 electors form SE.201 |
Signed by the candidate and at least 25 eligible electors |
|
Child protection declaration |
Signed by the candidate |
|
Nomination deposit |
$250 per candidate |
These candidates may choose to have either the word ‘Independent’ printed below their name on the ballot paper, or nothing printed below their name on the ballot paper.
Child protection declaration
The Electoral Act provides that the nomination of a candidate for the Legislative Assembly is not valid unless it is accompanied by a Child protection declaration.
This declaration must be lodged with the nomination form by the close of nominations. If a person fails to complete and lodge this declaration the nomination will be invalid. The declarations of all candidates will be made public on the NSW Electoral Commission website.
It is a criminal offence to make a false declaration (maximum penalty of up to five years imprisonment). After the election, the declarations of elected candidates will be reviewed by the Children’s Guardian and a report on the findings tabled in both Houses of Parliament.
Nomination deposit
A nomination deposit of $250 must be lodged for each candidate nominating for the Legislative Assembly. The nomination deposit of $250 must be lodged by the close of nominations.
When the nomination is lodged through the NSW Electoral Commission’s nomination online management system the nomination deposit can be paid electronically by Visa or Mastercard. If the nomination is lodged in person the deposit must be paid in cash, by bank cheque or credit union or building society cheque made out to the NSW Electoral Commission.
Nomination timeframe
The Legislative Assembly nomination form, Child Protection Declaration and deposit can only be lodged from the issue of the writ for the by-election to 12 noon on the nomination day, i.e. when nominations close.
For the 2024 Epping, Hornsby and Pittwater State by-elections, that is from Friday, 27 September 2024, to 12 noon, Thursday, 3 October 2024.
Any nomination forms, Child Protection Declarations or deposits received after 12 noon on the nomination day cannot be accepted.
Nominations can only be lodged as follows:
- in person at the election manager’s office,
- in person at the NSW Electoral Commission’s head office, 231 Elizabeth Street, Sydney. Please contact the candidate helpdesk on 1300 022 011 or by email candidates@elections.nsw.gov.au to make an appointment.
To ensure nominations are received within the strict, legislated timeframes, we recommend not lodging a nomination by post. Online lodgement is not available for the by-election.
Defective nomination
When a nomination is lodged, an election official at NSW Electoral Commission head office or Election Manager, as applicable, will review the form(s) to assess whether it has been fully completed. This includes checking that:
- the candidate appears on the authorised roll of electors in New South Wales as at 6pm on the date of the issue of the writ
- the address on the nomination form matches the candidate’s enrolled address
- if the candidate is nominated by a registered political party, that the details and the signature of the registered officer (or deputy registered officer) are correct
- if the candidate is nominated by 25 electors, that the nominators are enrolled in the relevant electoral district as at 6pm on the date of the issue of the writs and that a nominator has not nominated another candidate in the election
- the nomination form is complete in all other respects
- the Child Protection Declaration is complete
- the nomination deposit has been paid.
If the nomination papers are lodged in person the candidate (or their representative) should remain at the NSW Electoral Commission head office or Election Manager’s office, as applicable, until all checks have been made. This may take several hours.
If the nomination is ultimately found to be defective, the candidate or their representative or the registered officer (or deputy) as appropriate, will be informed. It is their responsibility to rectify and re‑lodge any defective nomination by 12 noon on the nomination day.
It is strongly recommended that all nominations are lodged as early as possible so that any defects can be fixed by the candidate or their representative before nominations close. If compliance with the necessary requirements for a valid nomination has not occurred by 12 noon on the nomination day the nomination will be rejected.
Corrections of defects in nomination forms after 12 noon on the nomination day are not permitted by the Electoral Act. It is the responsibility of every person nominating to ensure that their forms do not contain any defects.
Candidate’s details on the NSW Electoral Commission website
Legislative Assembly nomination forms are confidential and are not available to be inspected by members of the public, other prospective candidates or their representatives, media or scrutineers.
The following candidate details will be displayed on the NSW Electoral Commission website the day after the nomination day, after the announcement of candidates and the ballot paper draw:
- the candidate’s name
- the suburb, town or other locality of the candidate’s place of residence (including for silent electors)
- the Child Protection Declaration
- the candidate’s contact details (if supplied).
For the 2024 Epping, Hornsby and Pittwater State by-elections, the announcement of candidates and ballot paper draw will held on Friday, 4 October 2024. The location and time of the draw will be available from the NSW Electoral Commission website.
It is suggested that candidates check their details on the website to ensure they are displayed correctly. If a candidate finds an error on the website they should contact the NSW Electoral Commission’s candidate helpdesk on 1300 022 011 immediately.
Withdrawal of a nomination
Legislative Assembly candidates may withdraw their nomination before 12 noon on the nomination day by lodging a completed SE.231 Withdrawal of nominations form with the Electoral Commissioner or the Election Manager.
A withdrawal request can only be signed by the candidate. A registered officer (or deputy registered officer) of a registered political party cannot withdraw a candidate’s nomination, even though the party has nominated that candidate.
A withdrawal request can be lodged in person or by email. If submitting the withdrawal request by email, it must contain the signature or an image of the actual signature of the candidate.
The NSW Electoral Commission strongly recommends that any potential candidate who lodges a withdrawal of a nomination contact the NSW Electoral Commission’s candidate helpdesk on 1300 022 011 to confirm the withdrawal has been received.
A candidate for the Legislative Assembly cannot withdraw their nomination after 12 noon on the nomination day. Their name will appear on the ballot paper.
If a candidate who withdraws their nomination is registered as a candidate under the Electoral Funding Act, the candidate still has legal obligations under that Act and may be required to submit disclosures of political donations and electoral expenditure. The candidate may request the NSW Electoral Commission to cancel their registration. Contact us for further information if you have withdrawn your nomination.
Death of a candidate
Death of a Legislative Assembly candidate before the close of nominations
If a Legislative Assembly candidate dies after being nominated (that is the nomination has been lodged with the Electoral Commissioner or Election Manager) and before 12 noon on the nomination day, the day named as the nomination deadline is extended by 24 hours for that district only.
Death of a Legislative Assembly candidate before 6pm election day
If a Legislative Assembly candidate dies after 12 noon on the nomination day and before 6pm on the election day, the election is taken to have failed in that district. A new writ will be issued for that district for an election to be held at a later date.
Death of a Legislative Assembly candidate after 6pm election day
If a Legislative Assembly candidate dies after 6pm on the election day, but before the election has been declared by the Electoral Commissioner, the election is not taken to have failed. If the deceased candidate is elected, a vacancy will be taken to have occurred.
Dual nominations
If at 12 noon on the nomination day, a person is a candidate in more than one Legislative Assembly district, each of those nominations is void.
Return of nomination deposit
After the election, the nomination deposit is returned if the candidate:
- is elected
- has received at least four per cent of the total number of formal first preference votes
- dies before election day
- withdrew the nomination before 12 noon on the nomination day
- had their nomination rejected due to it being incomplete at 12 noon on the nomination day.
The deposit is returned to:
- the registered officer of the party (if the candidate was nominated by a registered political party; or
- in any other case the candidate (or a person authorised by the candidate in writing to receive it).