How does a state election work?

A state election must be held in New South Wales on the fourth Saturday in March every four years.

During a state election, voters must elect representatives to all 93 seats in the Legislative Assembly (a 'general' election) and half the 42 seats in the Legislative Council (a 'periodic' election). 

State elections are conducted by the NSW Electoral Commissioner.

Issuing the writs

An election officially begins with the issue of the writs. The Governor of New South Wales issues writs directing the NSW Electoral Commissioner to conduct an election. The writs contain the following information:

• the date of the writ

• the contents of the writ

• the nomination day

• the election day

• the return day.

The Electoral Commissioner must give public notice of the information contained in the writs.

Writs for the Legislative Assembly

In the Legislative Assembly, one member represents a single electoral district for a term of four years. A writ directing the election of that member is issued for each electoral district in New South Wales. There are currently 93 electoral districts in the State. Writs for a general election of members of the Legislative Assembly must be issued within four days from:

• the publication of the proclamation dissolving the Legislative Assembly in the Government Gazette, or

• the date of the expiration of the Legislative Assembly (ie on the completion of a four-year term).

Writs for the Legislative Council

Members of the Legislative Council represent the state as a whole, so a single writ is issued for a Legislative Council election. The writ for a periodic Legislative Council election cannot be issued until after the issue of the writs for the Legislative Assembly. Both elections must be on the same day.

Voting systems 

Voters elect members of the Legislative Assembly for four-year terms using an optional preferential voting system. You must write the number '1' in the square next to the candidate of your choice. You can show more choices if you want, starting with the number '2'.

Members of the Legislative Council are elected for eight-year terms using a proportional representation voting system. This system allocates seats in proportion to the votes cast once a certain quota has been reached.

You can read more about how to complete your ballot papers during a State election.

Return of the writs

The NSW Electoral Commissioner must return the writs to the Governor within 60 days of their date of issue, unless the Governor directs a later date. This is done by publishing a notice in the Government Gazette.

The NSW Electoral Commissioner is required to certify the name of the elected candidate for each Legislative Assembly district, and the names of the elected candidates for the Legislative Council, on the writs before returning them.

The return of the writs marks the official end of the election.

By-elections

A by-election is an election in a single electoral district, and can take place outside the normal four-year cycle.

By-elections are held when a vacancy arises in the Legislative Assembly, for example when a member resigns or dies in office. They are conducted in the same way as a general election, although the Speaker of the Legislative Assembly will issue writs to the NSW Electoral Commissioner rather than the Governor of New South Wales.

Relevant legislation

All state elections in NSW are conducted in accordance with the Constitution Act 1902 and Electoral Act 2017.

The political donations and electoral expenditure of political parties, candidates and other election participants are regulated by the Electoral Funding Act 2018 and Electoral Funding Regulation 2018.