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Introduction

NSW State by-elections are conducted under the Electoral Act 2017 (Electoral Act) and the Electoral Regulation 2018 (Electoral Regulation). The Electoral Funding Act 2018 (Electoral Funding Act) and the Electoral Funding Regulation 2018 (Electoral Funding Regulation) provide for the management and disclosure of election campaign finances and the registration of electoral participants. All legislation is available from the NSW Legislation website.

NSW State by-elections are conducted by the Electoral Commissioner for NSW. 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 at a NSW state election 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.

Detailed information about the candidate and group registration process and election campaign finances can be found on the website.

All forms and publications referred to can be downloaded from our website or by contacting the NSW Electoral Commission at candidates@elections.nsw.gov.au or 1300 022 011.


Key checklist for candidates and parties

Check

Sections

I have checked the key dates for the election

2024 Epping State by-election key dates

2024 Hornsby State by-election key dates

2024 Pittwater State by-election key dates

I have registered to accept political donations and incur electoral expenditure and I know the difference between registering and nominating

Registration of candidates and groups

I know who is responsible for managing the disclosure of my donations and expenditure

Who is responsible for the management and disclosure of political donations and electoral expenditure?

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

Caps on political donations

Caps on electoral expenditure

I know how to lodge my nomination forms and deposit by the deadline

The nomination process

I have properly authorised my electoral material and how-to-vote cards

Authorisation of electoral material

I know the requirements to register my electoral material and how-to-vote cards to distribute on election day

Registration of electoral material

I know the rules about where and how electoral material and how-to-vote cards can be distributed

Electoral material at an early voting centre

Electoral material at a voting centre 

I have familiarised myself with the role of scrutineers and know how to appoint a scrutineer

Scrutineers

I have familiarised myself with election and electoral funding offences

Allegations and offences