Electoral material
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General requirements
The NSW Electoral Commission may provide guidance on whether electoral material (how-to-vote cards, posters, social media posts) complies with electoral laws, but it does not provide legal advice. Electoral participants should seek their own legal advice before producing their electoral material if they have any concerns about its legality.
The legislation provides requirements in relation to content, type, placement and distribution of electoral material during the regulated election period.
Political parties, candidates, their workers, individuals, organisations and community groups must also comply with any other laws about roads, private and public property and other public spaces regulated by local councils or the NSW Police Force when distributing and displaying electoral material.
The regulated election period
The regulated election period begins on the day of the close of rolls i.e. the 40th day prior to election day until 6pm on election day.
During the regulated election period, all electoral material must meet the requirements of the legislation.
Prior to the regulated election period, neither the NSW Electoral Commission nor the Returning Officer has any involvement in the regulation of electoral material. However, councils may enforce laws and regulations regarding the size and placement of posters in their local government area at any time.
Electoral expenditure is defined in the Electoral Funding Act to include amongst other things, the expenditure on the production and distribution of election material as well as the expenditure on postage. You must not accept political donations or make payments for electoral expenditure unless you first register under the Electoral Funding Act whether or not you are duly nominated as a candidate for an election. Accepting political donations or incurring electoral expenditure prior to being registered under the Electoral Funding Act may result in significant penalties.
Electoral material definition
Electoral material: means anything, including without limitation a how-to-vote card, poster or advertisement containing electoral matter (whether in a tangible or an electronic form).
Electoral matter means:
- any matter that is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held or that is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any election or
- the name of a candidate at any election, the name of the party of any such candidate, the name or address of the headquarters or campaign office of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter that purports to depict any such candidate or to be a likeness or representation of any such candidate.
In addition, on election day, electoral matter also means any express or implicit reference to, or comment on:
- an election
- any local government council or any previous council
- any local government Councillor or previous Councillor
- the government, the opposition, a previous government or a previous opposition, of New South Wales or any other State or Territory of the Commonwealth
- a member or former member of the Parliament of New South Wales or any other State or Territory of the Commonwealth
- a political party, a branch or division of a political party or a candidate in an election or
- an issue submitted to, or otherwise before, the electors in connection with an election.
Name and address on electoral material
A person must not, during the regulated election period, print, publish, distribute or publicly display electoral material (other than the announcement in a newspaper of the holding of a meeting), without legibly showing on the material:
- the name and address of the person on whose instructions the material was printed, published, distributed or displayed and
- if the material has been printed, the name of the printer and the street address of the premises at which it was printed.
The address of a person means an address, including a full street address and suburb or locality that is located in Australia at which the person can usually be contacted during the day, but does not include a post office box.
A street address of the premises does not include a post office box number or a DX number.
Authorisation requirements may vary depending on the type of material, refer to the section Authorisation of electoral material for the full requirements.
Non-complying electoral material
All electoral material
During the regulated election period, electoral material does not comply with the legislation if it:
- does not contain the name and address of the person authorising the electoral material as explained above
- has been printed, and does not contain the name and the street address of the printer of the electoral material as explained above
- contains voting directions that are misleading
- contains untrue or incorrect statements intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his or her vote
- contains incorrect or misleading information about a person’s candidature for an election
- uses the name of a registered political party in a way that is likely to be misleading
- uses the word ‘Independent’ and the name of a registered political party suggesting an affiliation with that party (unless the name of that party includes the word ‘Independent’)
- uses voting directions contrary to the directions on the ballot paper, or that suggest a person tick or cross, leave blank, write on, or repeat or omit a preference on a ballot paper
- could result in an elector voting informally
- suggests voting is not compulsory (except for a council poll)
- contains words or matter that are obscene or offensive or
- is intended or likely to mislead an elector that it is an official communication from the Electoral Commissioner or the NSW Electoral Commission or an electoral services provider.
How-to-vote cards
A how-to-vote card is electoral material with directions or suggestions (whether express or implied) in relation to the casting of votes, whether or not it contains:
- any representation or partial representation of a ballot-paper or portion of a ballot-paper or
- any representation or partial representation apparently intended to represent a ballot-paper or portion of a ballot-paper.
A how-to-vote card does not comply with the legislation if:
- the voting directions relate to two or more council areas
- the candidates do not give first preference to themselves
- it is for a registered political party that has not endorsed a candidate for the election
- it is for a registered political party that does not preference its candidates before all other candidates
- a group does not preference all its candidates before giving preferences to any other candidates
- it contains instructions for voting both above the line and also for below the line, and:
- the below the line instructions give preferences for only some of the individual members of that group or
- the below the line instructions give preferences to individual members of that group in a different order from that appearing on the ballot paper
- it contains voting directions without using group voting squares and:
- does not give preferences for at least half the number of candidates to be elected or
- does not contain a statement as to how many other preferences must be marked on the ballot paper to cast a formal vote.
For example, if there are seven Councillors to be elected in an undivided council area an elector must vote for at least four candidates that is, half the number of candidates to be elected. A how-to-vote card may be distributed that states:
- Vote: 1 Bill Smith, 2 Mary Jones, 3 Mohamed Kalli, 4 Chris Wong or
- Vote 1 Bill Smith and remember you must vote for at least 4 candidates.
Misleading Information
It is an offence during the regulated period to print, publish or distribute electoral material that contains either voting directions or an untrue statement that is intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of their vote.
This does not extend to the truth or otherwise of political statements that seek to motivate or influence the decision whom to vote for. It refers to the act of marking a ballot paper, for example, instructing an elector to place the number ‘1’ on a ballot paper more than once.
Directions for voting printed on electoral material must be consistent with the requirements for a formal vote as printed on the ballot paper. It is an offence to encourage an elector to vote using a tick or a cross. Electoral material which uses the name, abbreviation, derivative or acronym of the name of a registered political party in a way which may mislead an elector is also illegal.
While the NSW Electoral Commission does not regulate the truth of political statements, it monitors disinformation and misinformation posted online during the election that has the potential to mislead the public about electoral processes. Our Disinformation Register rebuts prominent false and misleading statements about these processes.
Accuracy of how-to vote content distributed at voting centres
When including a sample of the ballot paper on how-to-vote material, the details must be an accurate representation of the ballot paper, such as the spelling of candidate’s names, registered political party names and the inclusion and exclusion of the word Independent must appear exactly as they will on the ballot paper for the election. Partial representations of the ballot paper may be accepted.
On the days following the ballot paper draw, the NSW Electoral Commission will make ballot paper templates available at elections.nsw.gov.au. These templates will assist candidates in preparing their how-to-vote material.
It is important to note that how-to-vote material that looks exactly like a ballot paper may confuse electors. This could result in the elector placing the how-to-vote material in the ballot box and discarding the ballot paper, for example by placing it in a rubbish bin. When this occurs, the ballot paper is not admitted to the count.
Incorrect election date
To avoid confusion, candidates and parties who are considering displaying election posters (in compliance with other laws) before the regulated period starts are encouraged to make changes to any such poster that refers to the previous election date as soon as possible. Other electoral material referring to the previous election date should also not be distributed.
Registration of electoral material for distribution on election day that refers to the previous election date will not be approved. During the regulated period, posters and other electoral material that includes incorrect information about the election date may be subject to compliance action by the NSW Electoral Commission.
Use of coats of arms, logos, trademarks
The coats of arms, logos, trademarks of local councils and other public or private organisations are the property of those bodies. It is recommended approval is obtained from those bodies before they are included on electoral material.
Although the NSW Electoral Commission will not direct that distribution of such electoral material cease on that basis alone, other bodies may still take legal action against persons involved with the material.
Electoral advertising on radio and TV
There is no requirement to cease any political advertising on radio and television prior to election day.
Writing and drawing or depicting electoral matter
A person must not, during the regulated period, write, draw or depict any electoral matter directly on any property, being a roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water), unless the person:
- was the owner or joint owner of the property or
- performed the act concerned with the permission in writing of the owner or a joint owner of the property or
- was the owner or joint owner of the premises on which the vehicle, vessel or hoarding was situated or
- performed the act concerned with the permission in writing of the owner or a joint owner of the premises.
These exemptions do not apply to any premises or property occupied or used by, or under the control or management of:
- the Crown or a NSW Government agency, or
- any council or county council.
Electoral material at pre-poll voting
Electoral material may be handed out and posters displayed at pre-poll voting provided the material and posters comply with the legislative requirements.
There is no requirement for electoral material and/or posters distributed or displayed at pre-poll voting to be registered.
The following rules also apply:
- electoral material and/or posters cannot be distributed or displayed inside the pre-poll venue
- electoral material and/or posters cannot be displayed or distributed within 6 metres of the entrance to the pre-poll venue, and
- posters cannot be displayed on the exterior of a building used as a pre-poll venue.
Note: ‘Distribution’ also means placement of electoral material that can be collected by electors.
Use of loudspeakers, sound systems, radio equipment, etc
A person cannot canvass or solicit for votes, or induce an elector not to vote for a particular candidate or group using a loudspeaker, sound system, radio equipment, etc where that activity is audible within the early voting centre.
Electoral material at declared facilities
Electoral material handed out and posters displayed at declared facilities (e.g. nursing homes) must meet the legislative requirements.
There is no requirement for electoral material and/or posters distributed or displayed at declared facilities to be registered.
In addition, the following rules apply at declared facilities:
- electoral material and/or posters cannot be distributed or displayed inside the declared facility
- electoral material and/or posters cannot be displayed or handed out within six metres of the entrance to the declared facility
- posters cannot be displayed on the exterior of a declared facility.
‘Distribution’ also means placement of electoral material that can be collected by electors.
Please note that declared facilities include hospitals, nursing homes, retirement villages or similar facilities that are either privately or publicly owned.
Registered political parties, groups, candidates, and other persons or organisations, may make their own arrangements with the management of the declared facility venue for electoral material to be left at the venue, or for candidate visits to occur, before election officials are taking votes at these venues (i.e. electoral material/posters must be removed and canvassing must cease within the restricted areas while the facilities are being used).
Electoral material at polling place election day
Definition of a polling place
The polling place is deemed to be the building where voting takes place on election day. Unless specifically instructed by the Electoral Commissioner, the polling place does not include the grounds that surround the building, even if the grounds are enclosed by a fence or other boundary.
Therefore, the entrance to the polling place is the door through which you enter the building where voting will take place, that is, the external door of the building. This is applicable even when voting is taking place in a room within that building, or in only one section of that building.
Electoral material may be handed out and posters displayed at polling places provided the materials and/or posters meet the legislative requirements. Electoral material must also be registered.
Six metre rule
It is an offence to obstruct the access or approaches to the polling place, or to distribute electoral material or canvass electors or display posters within six metres of the entrance to a polling place.
‘Distribution’ also means placement of electoral material that can be collected by electors.
Using tape or some other landmark, such as a tree, post or line across a path, the Polling Place Manager will establish and mark out a place that is six metres from the entrance.
The polling place on election day
This diagram illustrates the following:
- electoral material and/or posters cannot be distributed or displayed inside the polling place
- electoral material and/or posters cannot be displayed or handed out within six metres of the entrance to the polling place
- posters cannot be displayed on the exterior of a building used as a polling place.
Canvassing in or near polling place
A person must not canvass for votes, or solicit the vote of any elector, or induce any elector not to vote for any particular candidate or group of candidates, or induce any elector not to vote at the election, on election day within a polling place, or within 6 metres of an entrance to a polling place.
Use of loudspeakers, sound systems, radio equipment, etc
A person cannot canvass and/or solicit for votes, or induce an elector to vote for a particular candidate or group using a loudspeaker, sound system, radio equipment, etc, where that activity is audible within the polling place or within 6 metres of an entrance to the polling place.
Projections of voters at polling places
Data projections of estimated voter turnout at each polling place will be published on elections.nsw.gov.au in prior to the election.
This information will be of assistance to candidates, registered political parties and third-party campaigners to plan how many how-to-vote cards they may require at each polling place and to assist when allocating candidate/party workers to attend each polling place.
Posters
Display of posters
During the regulated period for a local government election, the NSW Electoral Commission regulates the display of posters in two general ways:
- whether it complies with requirements about its content, e.g. incorrect or misleading information about voting, that it includes the name and address of the person authorising the material, etc.
- whether it has been placed in or on certain places, e.g. posters are not permitted on certain premises, or within 6 metres of venues at which people are voting, etc.
A person must not, during the regulated election period, publicly display or permit or cause to be publicly displayed, a poster consisting of electoral material that contravenes the law – see Non-complying electoral material.
A person must not, during the regulated election period, display or permit or cause to be displayed a poster on or within any premises occupied or used by, or under the control or management of:
- the Crown or a NSW Government agency
- any council or county council or
- on or within any other premises unless the person was the owner or a joint owner of the premises or, performed the act concerned with the permission in writing of the owner or a joint owner of the premises.
Premises includes any structure or building, so a person who attaches a poster to an electricity or other utility pole without the written consent of its owner is breaching the law.
The following exceptions apply to the display of posters:
- posters may be displayed on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for voting is situated
- posters may be displayed within the grounds of an enclosure in which a building used for voting is situated
- posters may be displayed on a vehicle on a road or road related area (within the meaning of section 4(1) of the Road Transport Act 2013 and
- posters may be fixed or attached to a table or stall on a footpath or other public places at any time of day of voting for an election.
Size of posters and their period of display
The NSW Electoral Commission does not regulate the size of posters or the period of when they are displayed.
Candidates and parties must also be aware of other laws about election posters that the NSW Electoral Commission does not regulate. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 states election posters may also be ‘exempt development’ not requiring development approval. For example, to be exempt development a poster must (note that other conditions apply):
- not be more than 0.8m2 in area, and;
- be displayed only during the following periods
- 8 weeks immediately preceding the day on which the election is held
- the day on which the election is held
- 1 week immediately following the day on which the election is held.
The NSW Electoral Commission does not regulate these laws. Candidates and parties should contact their local council or obtain independent advice.
Authorisation of electoral material
The following table is a summary of the authorisation requirements of electoral material.
Definitions:
The address of a person means an address, including a full street address and suburb or locality that is located in Australia at which the person can usually be contacted during the day. The address does not include a post office box.
A street address of the premises does not include a post office box number or a DX number.
An electoral participant means a party, a registered officer of a party, a candidate, a group of candidates, a third-party campaigner or an associated entity.
Item | Material | Authorisation requirement |
---|---|---|
1 | How-to-vote card, poster, leaflet, sticker, magnet | a) The name and address of the person on whose instructions the material was printed, published, distributed or displayed.
b) If the material has been printed, the name of the printer and the street address of the premises at which it was printed. Note: See also Registration of electoral material. |
2 | T-shirt, buttons, badges, pens, pencils, balloons |
No authorisation required. |
3 | Electoral advertising in newspapers |
The name and address of the person on whose instructions the material was printed, published, distributed or displayed. |
4 | SMS | The name and address of the person on whose instructions the material was published, distributed or displayed. May satisfy the requirement by including a URL link to a website or by including in a separate SMS sent immediately from the same number. |
5 | Robocalls (automated telephone calls) |
The name and address of the person on whose instructions the call was made. |
6 | Bulk letters and emails |
a) The name and address of the person on whose instructions the material was printed, published, distributed or displayed b) If the material is printed, the name of the printer and the street address of the premises at which it was printed. A letter or email sent to a person in reply to a letter or email from that person, or a letter or email sent for personal purposes, does not require the authorisation. |
7 | Electronic billboard and digital road signs | The name and address of the person on whose instructions the material was displayed. |
8 | Paid electoral advertisements on the internet | The name and address of the person on whose instructions the material was published, distributed, displayed. |
9 | Radio and television | Refer to the Australian Communications and Media Authority website: acma.gov.au |
10 | Social media post by an electoral participant (or on behalf of an electoral participant)– not paid |
The name and address of the electoral participant on whose instructions the material was published, distributed or displayed Authorisation may be displayed:
- For video and animation, the authorisation can be voiced but must also be displayed for a minimum of 3 seconds.
|
11 | Social media post not from an electoral participant where no amount was paid to the platform | No authorisation required |
12 |
Paid Social media posts (for example where an amount was paid to the social media platform) |
The name and address of the person on whose instructions the material was published, distributed or displayed. If the social media post includes text, the authorisation may be in the text. If a photograph, image, video or animation is attached to or embedded in the social media post, the authorisation may be in the photograph, image, video or animation. If the authorisation is included in a video or animation, the authorisation must be displayed for a minimum of three seconds. |
13 | Other forms of electronic media and advertising | The name and address of the person on whose instructions the material was published, distributed or displayed. |
T-shirts, lapel badges, balloons, etc
The following items are exempt from the electoral material authorisation requirements and are not required to be registered for distribution on election day:
- T-shirts, lapel buttons, lapel badges, pens, pencils and balloons or
- a business or visiting card that promotes the candidacy of any person in an election or
- a letter or other card that bears the name and address of the sender that does not contain a representation or purported representation of a ballot paper for use in an election.
Electoral advertising in newspapers
Advertisements placed in newspapers require the name and address (post office box not acceptable) of the person who authorised the material. The printer is deemed to be the printer of the newspaper.
Advertisements placed in newspapers on election day do not need to be registered.
SMS
SMS communication containing electoral matter must contain the authorisation, however an SMS is not required to include the relevant name and address provided that:
- the message contains a hyperlink to a website where the name and address are published and the website remains active for the duration of the regulated period, or
- the name and address are included in a separate SMS sent immediately after the message containing the electoral material and the messages are both sent from the same number.
Information about telemarketing and spam as it relates to political matters is available at the Australian Communications and Media Authority website: acma.gov.au
Robocalls
Automated telephone calls containing electoral matter (also known as ‘robocalls’) must contain the name and address of an individual on whose instructions the call was made, in a clear voice, spoken in English. Automated telephone calls include automated “push poll” (attempting to sway or alter prospective voters’ view) or traditional automated polls that contain electoral matter.
Bulk letters and emails
Emails containing electoral matter sent to multiple or ‘bulk’ recipients must include the authorisation. It is not sufficient to provide the authorisation at a separate URL link included in the email.
Letters containing electoral matter posted to multiple or ‘bulk’ recipients must include the name and address of the sender. If a letter contains a ballot paper representation, the details of the printer are also required.
A letter or email sent to a person in reply to a letter or email from that person, or a letter or email sent for personal purposes, does not require the authorisation.
Advertisements on electronic billboards, digital road signs or other similar device
A person must not, during the regulated period, display any electoral matter on an electronic billboard, digital road sign or other similar device, unless the matter contains, in visible, legible characters, the name and address of the person on whose instructions the matter was displayed.
Electoral advertising on radio and TV
Under the Broadcasting Services Act 1992 (Cth) certain authorisation details (called ‘required particulars’) must be announced in political advertising broadcast on radio and television. For a radio broadcast, the required particulars must be announced at the end of the advertisement. For a television broadcast, the required particulars must be announced and shown at the end of the advertisement. The required particulars will be depend on who authorised the broadcast, e.g. a registered political party, an other entity, or a natural person.
This is general information only. Information about broadcasting of political advertising on radio and TV is available at the Australian Communications and Media Authority website: acma.gov.au
Social Media
Political parties, candidates, elected Councillors, third-party campaigners and associated entities should ensure their staff are aware of the authorisation requirements in relation to electoral material, particularly when posting publicly on social media during the regulated period.
Definition: Electoral Participant means a party, a registered officer of a party, a candidate, a group of candidates, a third-party campaigner or an associated entity.
Posts by electoral participants where no amount is paid to the platform
If no amount was paid to the social media platform provider in connection with the publication of the post the authorisation must include the electoral participant’s name and address.
Authorisation may be displayed:
- On the social media account profile for that account, or
- On a website that is directly linked to in the post.
Example: The relevant name and address for the electoral material is included in the “about”, “bio” or “impressum” part of the webpage or social media account profile of the person who made the post, or on whose behalf the post was made, that is accessible via a hyperlink or URL included or embedded in or accompanying the post.
The profile or website on which the name and address is published must remain publicly available until the end of the regulated period. For any link to a website where the authorisation is shown in a video or animation, the relevant name and address must be legibly shown for a period of at least 3 seconds.
Posts not made by an electoral participant where no amount is paid to the platform
Social media posts not made by or on behalf of an electoral participant, if no amount was paid to the social media platform provider in connection with the publication of the post, do not require an authorisation.
Paid social media posts
Authorisation must include the person’s name and address.
Authorisation must be displayed wherever the electoral matter appears, in the content that contains the electoral matter, such as the text, voice, image or video.
Other than for X (previously known as Twitter), it is not sufficient to provide the authorisation only in the ‘about’, ‘bio’ or ‘impressum’ sections of a social media site or application, or at a separate URL.
Authorisations provided via links should remain active until the end of the regulated period.
For X (previously known as Twitter), if the authorisation is too long you may use the ‘bio’ section of the relevant account if it remains in place until the end of the regulated period. Other content such as images and video containing electoral matter that may be attached to a Twitter post must include the authorisation.
Websites and other forms of electronic media and advertising
Websites, applications and other forms of electronic media and advertising containing electoral material must include the authorisation. This includes material that may appear surrounding, in the background of, or laid over the website or application content.
If the authorisation would be too long to include in search text advertisements, such as Google Ads, the authorisation may be provided at a URL link included in the search advertisement. Any authorisation provided via a URL link must remain active until the end of the regulated period.
Registration of electoral material
Registration of electoral material
All electoral material that is to be distributed on election day by registered political parties, groups, candidates, and any other persons or organisations, must be registered with the Electoral Commission.
It is an offence to distribute electoral material on election day unless the material has been registered by the electoral material registrar, ie the NSW Electoral Commissioner. ‘Distribution’ also means leaving electoral material in a position and circumstances to indicate that it is intended to be available for collection by members of the public in a public place.
Posters are not required to be registered but they must comply with the requirements.
Time period for registration of electoral material
Electoral material submitted for registration will be received by the NSW Electoral Commission head office, not the Returning Officer, in the period commencing on nomination day and ending at 5pm on the Friday 8 days prior to election day.
How to register electoral material
Registered political parties, groups, candidates, and other persons or organisations can access the online registration system following the ballot paper draw on the NSW Electoral Commission website elections.nsw.gov.au. This involves the completion of the online application form and the uploading of the electoral material to be submitted for registration. The online registration system is not available for Local Government by-elections.
Once the electoral material has been registered online, NSW Electoral Commission staff will check the material. If registration of the electoral material is approved, the applicant will receive a notification of registration. If the material is not registered the applicant will be contacted by the NSW Electoral Commission.
Returning Officers have no role in the online registration of electoral material.
If an applicant is unable to register their electoral material online please contact the candidate helpdesk 1300 022 011.
Electoral material registered in a language other than English
An English translation is required to be provided and must be lodged at the same time as the electoral material to be registered.
Display of approved electoral material
Registered electoral material will be displayed on the NSW Electoral Commission website elections.nsw.gov.au from the start of pre poll on Monday two weeks prior to election day until 6.30pm election day.
Electoral material that is registered during the first week of pre poll and prior to the closure of registration of electoral material will be progressively updated to the display of electoral material website.
Accessible electoral material
It is encouraged that electoral material that is registered is made accessible to assist electors who are blind or have low vision in accessing that material on the NSW Electoral Commission website. Please refer to EL.228 Accessibility Guide on the NSW Electoral Commission website for further assistance.
Electoral material must clearly identify the party who is distributing the material
The material must clearly identify the person, political party, organisation or group on whose behalf the material is to be distributed.
Missed deadline for registering electoral material
If the deadline for registering electoral material is not met, the electoral material cannot be distributed on election day. It is an offence to distribute unregistered electoral material on election day.
Electoral material distributed before election day does not need to be registered but must meet legislative requirements.
Printing electoral material prior to approval
It is strongly advised that registered political parties, groups, candidates, and other persons or organisations do not print electoral material for distribution on election day prior to its registration being approved.
Electoral material distributed on election day
Not all registered electoral material must be distributed on election day. For example, a person may have registered five items of electoral material. On election day, they may choose to hand out only three of those items. Electoral material may be self-withdrawn by applicants using the online registration system before the closure of registration at 5pm on the Friday 8 days prior to election day.
Ballot paper templates
On the days following the completion of the ballot paper draw by the Returning Officer, the NSW Electoral Commission will arrange for ballot paper templates to be available on elections.nsw.gov.au. These templates will assist candidates in preparing their electoral material, particularly how-to-vote material.
When including a sample of the ballot paper on how-to-vote material, the details must be an accurate representation of the ballot paper, for example, the spelling of candidate’s names, registered political party names and the inclusion or exclusion of the word ‘Independent’. This information must appear exactly as it will on the ballot paper for the election. Partial representations of the ballot paper may be accepted.
Complaints and enquiries about electoral material
Assistance
If you have questions about the preparation and registration of electoral material, e.g. before voting starts, please raise those queries using the Contact us form on our website, by emailing us at candidates@elections.nsw.gov.au or calling 1300 022 011
Reports alleging unlawful electoral material
To allege that electoral material used or published during the regulated election period is or was unlawful, a report should be made in writing by emailing us at candidates@elections.nsw.gov.au.
An allegation should include a copy of the electoral material. For electoral material published on the internet, a URL link or the name of a social media account and a screenshot should be provided.
The NSW Electoral Commission regulates elections in accordance with the law and in a transparent, fair and impartial way. While your report will be acknowledged, there are strict limitations on disclosure of information relating to our investigation functions. We may be authorised or required by law, however, to disclose personal information that you report to us. For example, the NSW Electoral Commission may be satisfied under the Electoral Act that it is in the public interest in a particular case to disclose information (including identifying information) publicly about a matter under investigation, including to any person who may have reported the breach or to the general public, for instance, regarding any investigation or other action that has been taken.
The NSW Electoral Commission conducts elections in accordance with the law and in a transparent, fair and impartial way. While your complaint will be acknowledged, our legislation limits what our response to you, for instance, regarding any investigation or other action that has been taken.
The NSW Electoral Commission will consider its compliance and enforcement policies when reviewing reported allegations about electoral material. Relevant principles include:
- proportionality: any action decided upon by the NSW Electoral Commission will be proportionate to the seriousness of potential breaches of the law and the surrounding circumstances
- prioritisation: complaints are prioritised according to a number of considerations, including but not limited to legislative timeframes and the known or foreseeable impact of potential breaches of the law and
- use of resources: decisions are made about allegations, including potential investigation and enforcement action, in a way that uses the resources of the NSW Electoral Commission appropriately.