Nomination as a candidate: Legislative Assembly

Legislative Assembly candidates must be enrolled in New South Wales as at 6pm on the day the writs for the election are issued. They do not need to be enrolled in the district they are contesting.

For example, a person enrolled in the Coffs Harbour district may nominate as a candidate in the Parramatta district.

A candidate for the Legislative Assembly may be nominated in one of two ways:

• by a registered political party, or

• by 25 electors enrolled in the district being contested.

Nomination by a registered political party

The registered officer or deputy registered officer of a registered political party can nominate a candidate for an electoral district, provided the party has been registered with the NSW Electoral Commission for 12 months prior to the close of nominations.

The relevant nomination forms and deposit are:

The registered political party may choose to have either the full or abbreviated party name printed below the candidate’s name on the ballot paper.

Nomination by 25 electors

A person can be nominated as a candidate for an electoral district by 25 electors who, as at 6pm on the day of the issue of the writs, are enrolled in the district being contested.

A candidate cannot nominate themselves. The nominators can include family members. An elector cannot nominate more than one candidate.

It is the candidate’s responsibility to ensure that their nominators are enrolled for the district that they are intending to contest.

It is strongly recommended that candidates have more than 25 nominators, in the event that some are found to be not enrolled or not enrolled in the relevant district or to have nominated another candidate.

The relevant nomination forms and deposit are:

These candidates may choose to have either the word ‘Independent’ printed below their name on the ballot paper, or nothing printed below their name on the ballot paper.

Child Protection Declaration

The Electoral Act provides that the nomination of a candidate for the Legislative Assembly is not valid unless it is accompanied by a Child protection declaration. 

This declaration must be lodged with the nomination form by the close of nominations. If a person fails to  complete and lodge this declaration the nomination will be invalid. The declarations of all candidates will be made public on the NSW Electoral Commission website.

It is a criminal offence to make a false declaration (maximum penalty of up to five years imprisonment). After the election, the declarations of elected candidates will be reviewed by the Children’s Guardian and a report on the findings tabled in both Houses of Parliament.

Nomination deposit

A nomination deposit of $250 must be lodged for each candidate nominating for the Legislative Assembly. The nomination deposit of $250 must be lodged by the close of nominations.

When the nomination is lodged through the NSW Electoral Commission’s nomination online management system the nomination deposit can be paid electronically by Visa or Mastercard. If the nomination is lodged in person the deposit must be paid in cash, by bank cheque or credit union or building society cheque made out to the NSW Electoral Commission.

Nomination timeframe

The Legislative Assembly nomination form, Child Protection Declaration and deposit can only be lodged from 8am Monday, 27 February 2023, to 12 noon, Wednesday, 8 March 2023.

They may be lodged by any of the following methods:

• using the NSW Electoral Commission’s nomination online management system

• by hand delivery to the Election Manager's office for the district being contested

• by hand delivery to the NSW Electoral Commission, by appointment

• by post to the NSW Electoral Commission, GPO Box 832, SYDNEY NSW 2001

• by email to candidates@elections.nsw.gov.au, however the nomination deposit cannot be paid by email (and must be received by 12 noon, Wednesday, 8 March 2023 for a nomination lodged by email to be valid).

Nomination forms lodged are not valid unless they are signed by or include an image of the actual signature of the candidate and the registered officer (or deputy registered officer) of a registered political party or nominators, as applicable, appears on the nomination form and on the Child Protection Declaration.

It is strongly recommended that any potential candidate who lodges their nomination then telephones the NSW Electoral Commission head office or the Election Manager, as applicable, to confirm the nomination has been received.

The onus is on the candidate to ensure all applicable forms and the deposit are lodged by 12 noon, Wednesday, 8 March 2023.

Any nomination forms, Child Protection Declarations or deposits received after 12 noon, Wednesday, 8 March 2023, will not be accepted.

Defective nomination

When a nomination is lodged, an election official at NSW Electoral Commission head office or Election Manager, as applicable, will review the form(s) to assess whether it has been fully completed. This includes checking that:

• the candidate appears on the authorised roll of electors in New South Wales as at 6pm on the date of the issue of the writs, Monday, 6 March 2023

• the address on the nomination form matches the candidate’s enrolled address

• if the candidate is nominated by a registered political party, that the details and the signature of the registered officer (or deputy registered officer) are correct

• if the candidate is nominated by 25 electors, that the nominators are enrolled in the relevant electoral district as at 6pm on the date of the issue of the writs and that a nominator has not nominated another candidate in the election

• the nomination form is complete in all other respects

• the Child Protection Declaration is complete

• the nomination deposit has been paid.

If the nomination papers are lodged in person the candidate (or their representative) should remain at the NSW Electoral Commission head office or Election Manager’s office, as applicable, until all checks have been made. This may take several hours.

If the nomination is ultimately found to be defective, the candidate or their representative or the registered officer (or deputy) as appropriate, will be informed. It is their responsibility to rectify and re‑lodge any defective nomination by 12 noon, Wednesday, 8 March 2023.

It is strongly recommended that all nominations are lodged as early as possible so that any defects can be fixed by the candidate or their representative before nominations close. If compliance with the necessary requirements for a valid nomination has not occurred by 12 noon, Wednesday, 8 March 2023 the nomination will be rejected.

Corrections of defects in nomination forms after 12 noon on 8 March 2023 are not authorised by the Electoral Act. It is the responsibility of every person nominating to ensure that their forms do not contain any defects.

Candidate's details on the NSW Electoral Commission website

Legislative Assembly nomination forms are confidential and are not available to be inspected by members of the public, other prospective candidates or their representatives, media or scrutineers.

The following candidate details will be displayed on the NSW Electoral Commission website after the ballot paper draw is held on Thursday, 9 March 2023:

• the candidate’s name

• the Legislative Assembly district for which the candidate nominated

•  the suburb, town or other locality of the candidate’s place of residence (including for silent electors)

• the Child Protection Declaration

• the candidate’s contact details (if supplied).

It is suggested that candidates check their details on the website to ensure they are displayed correctly. If a candidate finds an error on the website, they should contact the NSW Electoral Commission’s candidate helpdesk on 1300 022 011 immediately.

Withdrawal of a nomination

Legislative Assembly candidates may withdraw their nomination before 12 noon, Wednesday, 8 March 2023, by lodging a completed SE.231 Withdrawal of nominations form with the NSW Electoral Commissioner or the Election Manager.

A withdrawal request can only be signed by the candidate. A registered officer (or deputy registered officer) of a registered political party cannot withdraw a candidate’s nomination, even though the party has nominated that candidate.

A withdrawal request can be lodged in person or by email. If submitting the withdrawal request by email, it must contain the signature or an image of the actual signature of the candidate.

The NSW Electoral Commission strongly recommends that any potential candidate who lodges a withdrawal of a nomination contact the NSW Electoral Commission’s candidate helpdesk on 1300 022 011 to confirm the withdrawal has been received.

A candidate for the Legislative Assembly cannot withdraw their nomination after 12 noon, Wednesday, 8 March 2023. Their name will appear on the ballot paper.

If a candidate who withdraws their nomination is registered as a candidate under the Electoral Funding Act, the candidate still has legal obligations under that Act and may be required to submit disclosures of political donations and electoral expenditure. The candidate may request the NSW Electoral Commission to cancel their registration. Contact us for further information if you have withdrawn your nomination.

Death of a candidate

Death of a Legislative Assembly candidate before the close of nominations

If a Legislative Assembly candidate dies after being nominated (that is the nomination has been lodged with the Electoral Commissioner or Election Manager) and before 12 noon, Wednesday, 8 March 2023, the day named as the nomination deadline is extended by 24 hours for that district only.

Death of a Legislative Assembly candidate before 6pm election day

If a Legislative Assembly candidate dies after 12 noon, Wednesday, 8 March 2023 and before 6pm, Saturday, 25 March 2023, the election is taken to have failed in that district. A new writ will be issued for that district for an election to be held at a later date. The Legislative Council election will still proceed in that district.

Death of a Legislative Assembly candidate after 6pm election day

If a Legislative Assembly candidate dies after 6pm, Saturday, 25 March 2023, but before the election has been declared by the Electoral Commissioner, the election is not taken to have failed. If the deceased candidate is elected, a vacancy will be taken to have occurred.

Dual nominations

If at 12 noon, Wednesday, 8 March 2023, a person is a candidate in more than one Legislative Assembly district, or a candidate in both a Legislative Assembly district and the Legislative Council, each of those nominations is void.

Return of nomination deposit

After the election, the nomination deposit is returned if the candidate:

• is elected

• has received at least four percent of the total number of formal first preference votes

• dies before election day

• withdrew the nomination before 12 noon, Wednesday, 8 March 2023

• had their nomination rejected due to it being incomplete at 12 noon, Wednesday, 8 March 2023.

The deposit is returned to:

• the registered officer of the party (if the candidate was nominated by a registered political party); or

• in any other case the candidate (or a person authorised by the candidate in writing to receive it).