Nomination as a candidate: Legislative Council

Legislative Council candidates must be enrolled in New South Wales as at 6pm on the day the writ for the election is issued.

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

• by a registered political party. The registered officer or deputy registered officer of a registered political party can nominate a candidate, provided the party has been registered with the NSW Electoral Commission for 12 months before the day of the close of nomination; or

• by 25 electors who are enrolled in New South Wales as at 6pm on the day the writ for the election is issued.

Forming a group

Legislative Council candidates may form a group on the Legislative Council ballot paper. A group can consist of between two and 21 candidates.

Where there are 15 or more candidates in a group, candidates can request that a group voting square be printed on the ballot paper to be used for ‘above the line’ voting. A group of 14 or fewer candidates cannot request a group voting square.

It is important to note that any combination of candidates may form a group on the ballot paper, for example:

• a group may be formed by candidates from the one registered political party

• a group may be formed by candidates from two or more registered political parties

• a group may be formed by candidates nominated by 25 electors, or

• a group may be formed from a combination of candidates from a registered political party or parties, and candidates nominated by 25 electors.

The order of the candidates in a group is determined by the candidates themselves, by all candidates signing the grouping form indicating their agreement to their position within the group.

Ungrouped candidates

A Legislative Council candidate not in a group is referred to as an ‘ungrouped candidate’. Ungrouped candidates are not entitled to a group voting square above the line and will be shown in one or more columns on the far right of the ballot paper.

Sample Legislative Council ballot paper

Following is a sample Legislative Council ballot paper. Candidates are divided into groups and labelled alphabetically across the ballot paper from left to right, i.e. Group A, Group B, Group C, etc.

Ungrouped candidates appear in a column on the far right of the ballot paper.

In the sample Legislative Council ballot paper below, assume Groups A, B, C and E each have between 15 and 21 candidates in their group and are therefore entitled to request a group voting square. Group D has fewer than 15 candidates in the group and are therefore not entitled to a group voting square.

Registered political party nomination and grouping

Where a registered political party wishes to nominate candidates and form a group on the Legislative Council ballot paper, the relevant nomination forms and deposit are:

These candidates may request that a group voting square be printed on the ballot paper to be used for ‘above the line’ voting provided there are between 15 and 21 candidates in the group.  

The full or abbreviated party name of the registered political party will be printed below the group voting square, and it is also printed below each candidate’s name on the ballot paper.  

Refer to ‘Group E – The Greens’ on the sample Legislative Council ballot paper above to demonstrate how a registered political party group would appear on the ballot paper. 

Where two or more registered political parties wish to nominate candidates and form a composite group on the Legislative Council ballot paper, please refer to ‘Group C - Liberal/The Nationals’ on the sample Legislative Council ballot paper on the preceding page to demonstrate how a composite registered political party group would appear on the ballot paper. 

Registered political party ungrouped candidate nomination

Where a registered political party wishes to nominate one candidate with that candidate appearing as an ungrouped candidate in the far right column(s) on the Legislative Council ballot paper, the relevant nomination forms and deposit are:

The full or abbreviated party name of the registered political party is printed below the candidate’s name on the ballot paper.

Refer to candidate ‘Phillip Bright – Unity Party’ in the far right column on the sample Legislative Council ballot paper on the preceding pages to demonstrate how this candidate would appear on the ballot paper.

Nomination by 25 electors

A person can be nominated as a candidate by 25 electors who, as at 6 pm on the day of the issue of the writ, are enrolled in New South Wales.

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 in New South Wales.

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

The relevant nomination forms and deposit are:

Ungrouped candidates will appear in the far right column(s) on the Legislative Council ballot paper.

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.

Refer to candidates ‘Larry White Independent’, ‘Lenny Bruston’ and ‘Rodney Whiterod Independent’ in the far right column on the sample Legislative Council ballot paper on the preceding pages to demonstrate how these candidates would appear on the ballot paper.

Nomination by 25 electors forming a group

A candidate nominated by 25 electors may wish to form a group on the ballot paper with other candidates nominated by 25 electors.

The relevant nomination forms and deposit are:                                          

Two or more candidates nominated by 25 electors may form a group. Where there are between 15 and 21 candidates in the group, they can request that a group voting square be printed on the ballot paper to be used for ‘above the line’ voting.

The group cannot be identified by a name below the group voting square ‘above the line’. The word ‘Independent’ cannot be shown below the group voting square or against candidates’ names ‘below the line’.

Refer to the following groups on the sample Legislative Council ballot paper on the preceding pages to demonstrate how these groups would appear on the ballot paper:

• Group B – where there are 15 or more candidates in the group

• Group D – where there are 14 or less candidates in the group.

Nomination by registered political party or by 25 electors composite group

Candidates nominated by a registered political party or parties and candidates nominated by 25 electors may form a composite group on the ballot paper.

Where there are between 15 and 21 candidates, the group may request a group voting square be printed on the ballot paper to be used for ‘above the line’ voting.

It should be noted that in this circumstance:

• the candidates endorsed by a registered political party are not entitled to have the name of the registered political party printed below the group voting square.

• the party name or abbreviation will be displayed next to the individual candidate’s name ‘below the line’

• candidates nominated by 25 electors in the group are not entitled to have the word ‘Independent’ displayed next to their name ‘below the line’.

The relevant nomination forms and deposit are: 

Child Protection Declaration

The Electoral Act provides that the nomination of a candidate for the Legislative Council 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 declaration of all candidates will be made public on the NSW Electoral Commission website.

It is a criminal offence to make a false declaration deliberately (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 tabled in both Houses of Parliament.

Nomination deposit

A nomination deposit of $500 must be lodged for each candidate nominating for the Legislative Council, capped at $5000 for a Legislative Council group of between 10 and 21 candidates. The nomination deposit 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 Council nomination form(s), the Child protection declaration(s) and deposit and, if applicable, the Legislative Council grouping form, 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 NSW Electoral Commission,  231 Elizabeth St, SYDNEY NSW 2000

• 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.

Legislative Council nomination forms, deposits and, if applicable, grouping forms cannot be lodged at an Election Manager’s office for a district.

Nomination forms and grouping forms are not validly lodged unless the signature or an image of the actual signature of the candidate and the registered officer (or deputy) or nominators as applicable, appear on the nomination form, on the Child protection declaration and if applicable the grouping form.

It is strongly recommended that any potential candidate who lodges their nomination then telephones the NSW Electoral Commission head office 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, grouping forms 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 the NSW Electoral Commission head office will review the form(s) to assess whether it has been fully completed.This includes checking that:

• the candidate is enrolled in New South Wales as at 6pm on the date of the issue of the writ, 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 New South Wales as at 6pm on the date of the issue of the writ and that the nominator has not nominated another candidate in the election;

• the nomination form is complete in all other respects;

• the Child Protection Declaration is complete; and

• 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 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/deputy registered officer, 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 candidates 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 Council nomination forms are confidential and are not available for inspection.

The following candidate details will be displayed on the NSW Electoral Commission website after the ballot paper draw is held at 10am, Thursday, 9 March 2023:

• the candidate’s name;

• the group order (where applicable);

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

• the Child Protection Declaration; and

• the candidate’s or groups 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 immediately contact the NSW Electoral Commission’s candidate helpdesk on 1300 022 011.

Withdrawal of a nomination and/or withdrawal from a group

Legislative Council candidates may withdraw their nomination before 12 noon, Wednesday, 8 March 2023, by lodging a completed SE.231 Withdrawal of nomination form.

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 when the party has nominated that candidate.

A candidate who is a member of a group cannot withdraw a nomination unless all other candidates in the group consent by signing a SE.211 Legislative Council withdrawal of claim to be included in a group form.

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(s).

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 Council cannot withdraw their nomination after 12 noon, Wednesday, 8 March 2023.

Death of a candidate 

Death of a Legislative Council candidate before the close of nominations

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

Death of a Legislative Council after the close of nominations

 If a Legislative Council candidate dies:

• After 12 noon, Wednesday, 8 March 2023 and before 6pm on the election day, Saturday, 25 March 2023, or

• 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.

Second preference group

Candidates in groups with group voting squares are required to nominate another group with a group voting square as their second preference group.

In the event of a group having less than 15 candidates due to the death of a candidate or candidates in their group, and a voter has recorded a ‘1’ only in the group voting square for that group, a second preference is taken to be recorded for the second preference group.

Groups with group voting squares are to lodge with the Electoral Commissioner notification of who their second preference group is no later than 12 noon, Friday, 10 March 2023. The Electoral Commissioner is required to publish the second preference group selections on the NSW Electoral Commission website.

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

• one of the candidates in the group of which he or she is a member is elected

• the candidate or the group of which he or she is a member has received at least 4% of the total number of formal first preference votes

• the candidate dies before election day

• the candidate withdrew his or her nomination before 12 noon, Wednesday 8 March 2023, or

• the candidate 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)

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