Regulation of electoral material and election conduct

Strict laws apply to electoral material used by participants and supporters during campaigning at NSW State and Local Government elections. Strict laws also apply to the conduct of people around voting centres/polling places. 

Some electoral material must also be registered with the NSW Electoral Commission before it is allowed to be handed out on election day. 

There are a number of criminal offences that prohibit certain conduct relating to electoral material and conduct around voting centres. These rules are focused on ensuring that the integrity of the voting process is protected. It must be clear, for example, who is accountable for any electoral material that is distributed around New South Wales elections. New South Wales electors must also be able to enter voting places and cast their vote without undue interference from election participants. 

Although this is not a complete list, the following are important examples. Some of this conduct is only prohibited at particular times around elections. 

Misleading voters in electoral material

It is an offence to print, publish or distribute material that misleads electors in the proper method of casting a vote (e.g. directing that two candidates each be given a first preference vote). 'Casting a vote' extends only to marking a ballot paper, not to forming a political view about who to vote for. 

It is also an offence to encourage an elector to vote using a tick or a cross. Any directions for voting printed on any material must be consistent with the requirements for a formal vote as printed on the ballot paper. 

It is also an offence for electoral material to use the name, abbreviation, derivative or acronym of the name of a registered political party in a way which may mislead an elector. It is an offence to use the word 'Independent' and the name, abbreviation, derivative or acronym of a registered political party in a way that suggests or indicates an affiliation with that registered political party. For example, independent candidates cannot describe themselves as 'Independent Liberal' or 'Independent Labor'. 

It is an offence for electoral material to mislead a voter into thinking it was an official communication from the Electoral Commission. This may include electoral material containing voting suggestions that infer they are official instructions about how to vote validly. 

Canvassing for votes around voting centres/polling places

During early voting, a person must not canvass for votes in a pre-poll voting office (canvassing includes distributing electoral material). It is also an offence to canvass for votes using a loud speaker, amplifier or similar broadcasting device that can be heard within a pre-poll voting office. 

On election day, it is an offence to canvass for votes within a polling place or within 6 metres of the entrance to a polling place or to use a loud speaker, amplifier or similar broadcasting device that can be heard within a polling place or within 6 metres of the entrance to a polling place.

Distributing unauthorised electoral material

All electoral material distributed during the "regulated period" in the lead up to and on election day must contain the correct authorisation. The authorisation must be clearly printed or spoken. This includes electoral material in electronic form, such as SMSs, robocalls and social media posts.

The NSW Electoral Commission may seize and destroy unauthorised electoral material being distributed during voting. 

Read more about electoral material rules and the registration of electoral material.

Posters displayed without property owner’s permission

It is a criminal offence to display posters on private premises without the written permission of the owner during the regulated period. It is an offence to display posters on electricity assets, such as power poles.