Introduction
The Local Government Act 1993 (the Local Government Act) and the Local Government (General) Regulation 2021 (the Local Government (General) Regulation) provide for the conduct of local government elections in NSW. The Electoral Funding Act 2018 (the Electoral Funding Act) and the Electoral Funding Regulation 2018 (the Electoral Funding Regulation) provide for the management and disclosure of election campaign finances and the registration of electoral participants at local government elections.
Councils can enter into an arrangement with the Electoral Commissioner to administer their local government elections in accordance with the Local Government Act and Local Government (General) Regulation. The NSW Electoral Commission is an independent statutory authority consisting of three members, including the Electoral Commissioner, which regulates and enforces electoral laws, including the management and disclosure of election campaign finances and the registration of electoral participants. It also assists the Electoral Commissioner to conduct elections and provides education and information to election participants and the public about elections in NSW. NSW Electoral Commission is generally used on our website and in our publications to refer to the organisation that assists both the three members of the Electoral Commission and the Electoral Commissioner to exercise their functions.
The NSW Electoral Commission makes significant information available about elections for the benefit of all participants and in the public interest. Information in this publication about electoral processes and procedures is for the general guidance and education of election participants and other stakeholders only. It is not legal advice. The NSW Electoral Commission cannot give legal advice and does not publish guidance information about all potential operational and regulatory scenarios that may be relevant for election participants. Election participants should always consider seeking their own independent legal advice about their specific situation, in appropriate circumstances.
Information provided by the NSW Electoral Commission is based on legislation at the date of publication. Any changes made to NSW electoral legislation are communicated in our election bulletins and on the NSW Electoral Commission website. Prospective candidates should regularly check the website for any changes. All of the legislation is available from the NSW Legislation website.
All councils in New South Wales have indicated they will enter into an arrangement with the Electoral Commissioner to conduct their elections, with the exception of:
- Fairfield City Council, and
- Liverpool City Council
Fairfield and Liverpool City councils have engaged an electoral services provider to administer their elections. Information published by the NSW Electoral Commission about candidate and group registrations, political donations, electoral expenditure, campaign accounts, record keeping and disclosures still applies to those elections. However, electoral participants will need to contact those councils or the Returning Officer for those elections about the administration of candidate nominations, registration of electoral material, polling places, voting and election results.
All forms and publications referred to can be downloaded from the NSW Electoral Commission website elections.nsw.gov.au. Parties, candidates and scrutineers can also contact us on 1300 022 011. View detailed information and procedures for the candidate and group registration process and election campaign finances.
The Office of Local Government (OLG) has responsibility for local government across New South Wales. Information about local government legislation and policy regarding elections, finance, infrastructure, governance, performance, collaboration and community engagement is available on the OLG website.
Key checklist for candidates and parties
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I have checked the key dates for the election |
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I have registered to accept political donations and incur electoral expenditure and I know the difference between registering and nominating |
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I know who is responsible for managing disclosure of my donations and expenditure |
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I have a campaign account for receiving donations and paying for expenditure |
Campaign accounts and record keeping |
| I understand the caps that apply to my campaign expenditure and accepting political donations | |
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I know how to lodge my nominations forms and deposit by the deadline |
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I have properly authorised my electoral material and how-to-vote cards |
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I know the requirements to register my electoral material and how-to-vote cards to distribute on election day |
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I know the rules about where and how electoral material and how-to-vote cards can be distributed |
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I have familiarised myself with the role of scrutineers and know how to appoint a scrutineer |
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I have familiarised myself with election and electoral funding offences |