General information
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General information
Election calendar
View the key dates for the 2024 NSW Local Government elections.
Returning Officer
The Electoral Commissioner appoints a Returning Officer for each council area where the Commissioner is conducting the election.
The Returning Officer conducts an election, constitutional referendum or council poll on behalf of, and under the direction of the Electoral Commissioner.
Certain council areas may share a Returning Officer and those councils may be grouped into ‘regions’ for that purpose only. The councils in each region will share the Returning Officer and office infrastructure.
The list of councils and regional groupings (if applicable) will be available on the NSW Electoral Commission's website.
Returning Officer's office
Returning Officers set up an office that is open to the public approximately six weeks before the election.
Details of each Returning Officer’s office address and office hours will be available from the NSW Electoral Commission website or by contacting us.
NSW Electoral Commission website
The NSW Electoral Commission website contains relevant information such as key election dates, general information regarding the elections, election campaign finance requirements, enrolment information, details of registered political parties, forms, the nominations online management system, candidate details following the close of nominations, pre-poll and postal voting details, polling place locations and election results.
Candidate enquiries
A candidate or party that has an enquiry about the processes for the nomination of candidates, the registration of electoral material, voting or counting information can call 1300 022 011 between 9am and 5pm weekdays and during the weekend of the election or email candidates@elections.nsw.gov.au
A candidate or party that has an enquiry about: the registration of candidates and groups for the election, the rules that apply to political donations and electoral expenditure and making disclosures can call 1300 022 011 between 9am and 5pm weekdays or email fdc@elections.nsw.gov.au.
Elector Enquiry Centre
An elector enquiry centre is established for electors who have questions about voting and other election processes. The Elector Enquiry Centre number is 1300 135 736.
Electoral rolls
It is compulsory for Australian citizens living in New South Wales aged 18 years and over to be enrolled to vote at local government elections.
A person can only be enrolled once in a particular council area. However, an elector may also be included on the non-residential roll of other NSW council areas where they meet the required criteria for acceptance onto such a roll.
The roll of electors
The roll of electors for each council area or ward is a composite roll, comprising:
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the residential roll
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the roll of non-resident owners of rateable land, and
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the roll of occupiers and ratepaying lessees.
The residential roll
The residential rolls for NSW local government elections are maintained by the NSW Electoral Commission with the assistance of the Australian Electoral Commission. A residential roll for each council area or ward will be prepared for the elections.
Voting is compulsory for all electors on a residential roll.
The roll of non-residential electors and the roll of occupiers and ratepaying lessees
The General Manager of each council receives applications for and prepares the roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees. Electors can enrol in more than one council area if they meet the criteria for inclusion onto a roll of non-resident owners of rateable land or roll of occupiers and ratepaying lessees, but can only vote once within a council area. The enrolment qualifications for the roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees can be found on the NSW Electoral Commission website.
Voting is optional for electors on the roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees in all council areas and wards.
The roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees lapses after each election and the General Manager of a council is to prepare a new roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees for the next election and keep it updated.
Any enquiries regarding properties and entitlements for the roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees should be directed to the relevant council.
Close of rolls
The residential roll, roll of non-resident owners of rateable land and roll of occupiers and ratepaying lessees close at 6pm on the closing date of the election (ie 6pm on the 40th day prior to election day). A person must be enrolled prior to the close of rolls to be eligible to nominate for election.
Copy of the list of electors to candidates
Candidates are entitled to a copy of the list of electors for the ward or council they are contesting. Upon request, the list will be provided in electronic form and will contain the particulars of electors entitled to vote in the ward or council the candidate is contesting. Candidates can request a list of electors by completing the form LG.220 Candidate request for list of electors and submitting to enrolmentsupport@elections.nsw.gov.au. The form can be obtained from the Returning Officer, the NSW Electoral Commission website, or by contacting the candidate call centre on 1300 022 011.
The list of electors will only be made available once a person has been declared a candidate by the returning officer. This declaration takes place on the day after the close of nominations as part of the ballot paper draw process. It is important to note that it is an offence to use information in the list of electors for any purpose other than in connection with the election and that significant penalties apply.
Council areas and elections
Mayoral election
Certain councils have a Mayor ‘popularly elected’ by all the electors in the area for a four year term. That election is held at the same time as the election of Councillors.
Candidates should refer to the NSW Electoral Commission website for those councils holding mayoral elections.
Where the Mayor is not popularly elected, they are elected by and from the elected Councillors for a two year term. The NSW Electoral Commission is not involved in those elections.
Councillor election
Council areas are either divided into wards or are undivided (no wards). The number of Councillors elected varies from council to council.
Where councils have wards, an equal number of Councillors are elected for each ward.
The election of a popularly elected Mayor and the election of Councillors are conducted concurrently, but separately. If for example a council has a total of 10 Councillors, and the Mayor is popularly elected, it would have an election for nine Councillors and an election for a Mayor. Where a council has a popularly elected Mayor a person cannot be elected to both offices (that is, Mayor and Councillor) in the same council area.
Constitutional referenda and council polls
Constitutional referenda
A council may resolve to conduct a constitutional referendum on any of the following issues:
- determine whether or not the Mayor is to be popularly elected
- increase or reduce the number of Councillors
- divide the council area into wards or abolish all wards, and
- change the method of election of Councillors for an area divided into wards.
A constitutional referendum is decided by a majority of the formal votes.
Voting in a constitutional referendum is compulsory for all electors on the roll and the result is binding on the council.
If the constitutional referendum is passed, the result takes effect at the next council general election.
Council polls
A council may resolve to conduct a council poll on any issue for its guidance, for example, whether to construct a roundabout on the main street.
The council may determine that a council poll be held in only a specific part of the council area, for example, in one ward or a particular group of streets and, as such, not all electors may be eligible to vote in a poll.
Voting in a council poll is not compulsory for electors on the roll and the result is not binding on the council.
The NSW Electoral Commission website will include details of those councils holding a constitutional referendum or council poll.
Electoral offences
The NSW Electoral Commission is responsible for investigating and enforcing electoral offences at local government elections. This includes offences relating to the use and distribution of enrolment information.
If you consider a breach of the electoral laws has occurred you may, in the first instance, refer the breach in writing to the Returning Officer for the local government area. The Returning Officer will assess the allegation and endeavour to arrange for the breach to be remedied. If the breach has not been remedied with the assistance of the Returning Officer the breach may be referred to the NSW Electoral Commission for a further review and possible investigation. Alternatively, the breach may be referred directly to the NSW Electoral Commission (refer to details in the section Complaints and enquiries about electoral material).
The display or distribution of electoral material is only regulated by the NSW Electoral Commission during the regulated election period, from the close of rolls that is 40 days prior to election day to 6pm on election day. The rules that apply to electoral material during the regulated election period do not apply outside the regulated election period.
Examples of electoral breaches 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 NSW 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
- impersonation of an elector, or voting more than once at an election.