Legislative changes

Changes regarding the role of the Electoral Commissioner and election officials, the electoral roll, the conduct of elections, electoral matter and material and voting were made to the Parliamentary Electorates and Elections Act 1912 to be in place for the 2007 NSW State Election.

The State Electoral Office was renamed the New South Wales Electoral Commission (NSWEC).

The Electoral Commissioner now:

• has greater responsibilities, authority and accountability in the overall management of the election process and the appointment of election officials
• is appointed for an initial ten year period and must not have been a member of a political party in the five years leading up to their appointment
• is the recipient of all 93 writs for the Legislative Assembly as well as the writ for the Legislative Council
• is responsible for the placement of all electoral media advertising
• prepares and certifies the list of non-voters and signs a certificate stating that a person entitled to vote failed to do so
• takes receipt of all relevant papers, from returning officers at the conclusion of the electoral process, and destroys them after six months if there are no legal proceedings.

Election Officials

Returning officers are:

• responsible for the overall administration of the election within an electoral district
• appointed by the Electoral Commissioner for a specified electoral district and term.

Polling place managers are responsible for the conduct and administration of the election at polling places on election day.

All other officers involved in the election process will be known as election assistants.

The power of election officials to arrest offenders at polling places has been removed and made the sole responsibility of the Police.

Election officials are no longer required to remove illegal electoral posters from private property.

Electoral Roll

Electors are now required to provide date of birth but not occupation for inclusion on the roll.

The roll will no longer be available for sale and commercial use will be prohibited.

Heavy penalties for misuse of electoral information introduced.

Provision made for parliamentarians, registered political parties, and candidates to receive copies of the roll at specified times.

Electoral Commissioner has the discretion to provide enrolment information for the purposes of medical research and public health screening programs.

Conduct of elections

Candidates’ names and suburb/locality of residence will be displayed in the returning officer’s office after close of nominations. The public will also be notified through advertisements and our website.

Electoral details still required to be published in the Government Gazette for historical purposes but can now be done after the election.

Registered political parties may make bulk nominations of their candidates for the Legislative Assembly up to noon on the day before the close of nominations.

Candidates’ deposits may be paid by bank cheques issued by non-banking financial institutions and refunds may be made to registered political parties and groups rather than individual candidates.

Licensed premises may be used as a polling place provided that liquor is not available in the area being used for voting purposes and it is not accessible from any area where liquor is being served.

A standardised form to be used for candidates’ nominations of scrutineers and their acceptance declarations. A copy of the original form may be used but will require scrutineers’ signatures each time they participate in the election process.

Electoral matter and material

The definition of electoral matter broadened to include references to:

• the current or previous government, opposition or Members of Parliament of any state or the Commonwealth
• a political party/candidate in the election
• an issue put to the community.

All material to be distributed on or before election day must be submitted by 5 pm on the 8th day before election day to be registered by the Electoral Commissioner.

Material will only be registered if it:

• shows the name and address of the author and printer
• is not obscene or offensive
• could not result in electors casting an informal vote.

On election day registered material for an electoral district will be available on request at the returning officer’s office for inspection by scrutineers or electors enrolled in the district.

Size limit on posters has been removed, except in limited circumstances.

Canvassing of votes within six metres of a polling place prohibited.

Voting

Election officials will be required to initial the front of each ballot paper given to an elector.

There will be one ballot paper for the Legislative Assembly whether it is to be used on election day or completed as a postal vote.

Election officials may help electors that are unable to vote, if satisfied it is due to visual impairment or physical disability.

If an elector records their vote by placing numbers outside the squares printed on the ballot paper but clearly beside the name of candidates, it is to be treated as a formal vote.

The Electoral Commissioner and returning officers may issue and receive postal vote applications and ballot papers.

Three criteria added to eligibility requirements of registered general postal voters for consistency with Commonwealth legislation:

• silent electors
• people caring for an infirm person at home
• those whose religious beliefs preclude attendance at a polling place on election day.

As per Commonwealth legislation silent electors may cast a pre-poll/postal vote.

The Electoral Commissioner or an election official may witness the signature of a person applying for a postal vote.

Electors may make an oral declaration that they meet the eligibility requirements to cast a pre-poll vote. They will still be required to complete a written declaration on the envelope for their ballot paper/s.

An election official may provide advice to another election official, by fax or email, about the number of absent votes taken for his or her electoral district.