Eligibility and disqualification for local government election candidates
The NSW Electoral Commission can only provide general advice about eligibility and disqualification for local government elections.
You should obtain independent legal advice if you are concerned about your eligibility to nominate for an election.
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The Local Government Act 1993 explains who may be elected and who is disqualified from holding civic office as a local councillor or mayor. The relevant sections are 274, 275 and 276. The Local Government Act is available on the NSW Legislation website here.
The following information is not legal advice. The NSW Electoral Commission cannot confirm whether or not you (or any other potential candidate) are eligible to nominate for an election. You should obtain independent legal advice about your circumstances if you are concerned about your eligibility to nominate for election.
Each council is representative of a local government area
Every local government area (area) has a council. Elected representatives, known as the councillors, form the governing body of a council. The mayor is the leader of the council and is either elected from among the councillors or popularly elected by the electors in the area.
A person who is elected as a councillor or mayor is referred to as holding ‘civic office.’
Registering and nominating as a candidate
Registration as a candidate is different to nominating as a candidate.
Registration as a candidate does not mean that you are eligible to nominate as a candidate for an election.
Registration as a candidate is for the purposes of electoral funding laws, so you may legally receive donations and make payments for your campaign (known as electoral expenditure).
Nomination as a candidate is a separate process. Nomination is the process that must be completed to have your name included on the ballot paper to contest the election.
Eligibility to nominate as a candidate
To nominate as a candidate, you must:
- Be enrolled in the area for which you intend to nominate, and
- Must not be disqualified from holding civic office.
These two requirements are explained in more detail below.
You must be enrolled to nominate as a candidate
You must be enrolled by the fortieth day preceding the election day to be eligible to nominate for a local government election.
You must be enrolled by 6pm on Monday 5 August 2024 to nominate for the NSW Local government elections to be held on 14 September 2024.
You may be enrolled for a local government election on either the:
- Residential roll for an area, based on where you live, or
- If eligible, the non-residential roll or roll of occupiers and ratepaying lessees in the area (NRR).
You can check your residential enrolment on our website. You can update your residential enrolment on the Australian Electoral Commission website. Information about non-residential enrolment for local government elections is also available on our website.
A candidate for councillor must be enrolled in the area
You must be enrolled in the area in which you nominate as a candidate for councillor.
If the area is divided into wards, you may be enrolled in one ward but nominate for another.
You may nominate for more than one ward in the area, but you must withdraw all but one nomination before the close of nominations, otherwise all of your nominations will be rejected.
You may, if eligible because of the NRR, be a candidate and be elected as a councillor in more than one council area.
A candidate for popularly elected mayor must be enrolled in the area
You must be enrolled in the area in which you nominate as a candidate for mayor.
If the area is divided into wards, you may be enrolled in any of the wards.
You may, if eligible because of the NRR, be a candidate and be elected mayor in more than one council area.
Disqualification from civic office
The Local Government Act includes numerous reasons that disqualify a person from holding civic office.
The NSW Electoral Commission will not determine whether you (or any other potential candidate) is subject to the disqualifications.
A person elected to civic office can be dismissed by the NSW Civil and Administrative Tribunal (NCAT) after the election if it finds the person was in fact disqualified. It is also an offence to act in a civic office while disqualified.
You should obtain independent legal advice about your circumstances if you are concerned that you may be disqualified.
A person is disqualified from holding civic office:
- while the person is an employee of the council for which they wish to stand for election or holds an office or place of profit under the council.
- while disqualified from being an elector.
- while a member of the Parliament of NSW:
- if a councillor or mayor becomes a member of the Parliament of NSW, then they will not be disqualified until the end of their term as councillor or mayor or for 2 years (whichever is shorter).
- a member of the Parliament of NSW may nominate and be elected to a civic office if they cease to be a member of the Parliament before the first meeting of the council after the election.
- while a judge of any State of Commonwealth court.
- while serving a sentence (including an intensive correction order), except a sentence imposed for a failure to pay a fine.
- while holding a civic office, or within 2 years before nominating for election, election or appointment to that office, the person is convicted of an offence in connection with elections and polls under the Local Government (General) Regulation 2021.
- while holding a civic office, or within 7 years before nomination for election, election or appointment to that office, the person is convicted in New South Wales of an offence that is punishable by imprisonment for 5 years or more, or convicted in another State or Territory, or under a law of the Commonwealth, of an offence that, if committed in New South Wales, would be an offence so punishable.
- while holding a civic office, or within 2 years before nomination for election, election or appointment to the office, the person is convicted of an offence under the Electoral Funding Act 2018 punishable by imprisonment for 2 years or more.
- while a surcharge, payable by the person under Part 5 of Chapter 13 of the Local Government Act remains unpaid within 6 months of it becoming payable.
- while disqualified from holding a civic office under a provision of the Local Government Act or under the Crimes Act 1900 for corruptly receiving commissions and other corrupt practices.
- while disqualified from managing a corporation under the Corporations Act 2001 (Cth). Note: the reasons for which include matters related to bankruptcy and insolvency.
- during the 5 year period after a third or subsequent order is made against the person for suspension from civic office for misconduct, by the Departmental Chief Executive (DCE) or the NCAT on a referral from the DCE.
If a person resigns from civic office, they may not be elected to civic office in the same area until:
- if not disqualified - the first anniversary after their resignation, or the next ordinary election for the area (whichever occurs first), or
- if disqualified - the first ordinary election after the person ceases to be disqualified.
Some disqualifications for other elections do not apply
Disqualifications that may apply at federal or state elections do not apply to local government elections.
A person is not disqualified from holding civic office:
- if they are an employee of or hold an office or place of profit at a council different to the council for which they wish to stand for election.
- if they are member of the NSW or Australian public service.
- if they are legally a ‘dual citizen.’