NSW Electoral Commission refuses NSW Liberal Party extension for local government election nominations
A request from the NSW Liberal Party for an extension to lodge council election nominations has been declined, after the party missed a crucial deadline to file paperwork for about 140 candidates.
The NSW Electoral Commission received a letter, dated Friday August 16, from the party's State President, Don Harwin, requesting the nomination period be extended for the elections next month.
Mr Harwin asked for the party to be given an extra seven days to submit nomination forms after its head office failed to meet the 12pm cut-off on Wednesday, August 14.
Mr. Harwin's letter is stated to indicate that, in the absence of such confirmation, urgent proceedings may be commenced in the Supreme Court of New South Wales challenging the validity of the existing nomination day, and seeking relief which would require an extension to be made to allow the New South Wales Division of the Liberal Party of Australia to nominate candidates for election.
However, on Saturday, the commission declined the request.
The Statements released Sunday, August 18 2024, from the Chairperson and Commissioner (Acting) of the NSW Electoral Commission, in regards to this matter run below:
NSW Electoral Commission: Statement by the Chairperson
18 August 2024
Response to a statement issued by the Liberal Party of Australia, New South Wales Division
Earlier today, the Liberal Party of Australia, New South Wales Division, released a statement saying that it was:
“calling on the NSW Electoral Commission to reconsider its decision to refuse a request to extend the deadline for nominations for the 2024 NSW Local Government Elections following its own admission that it made an error and did not comply with the timeframe to provide formal notice under its own regulation before closing nominations”.
The statement appears to have been based on a misapprehension that it is the responsibility of the NSW Electoral Commission to publicise an election notice. Under the Local Government (General) Regulation 2021, it is the NSW Electoral Commissioner, as the election manager, not the NSW Electoral Commission (a three-member statutory body), who is charged with the relevant responsibility.
The Commissioner has released a statement explaining his decision concerning the request from the Liberal Party and his response to the Liberal Party’s statement and earlier correspondence.
The Hon Arthur Emmett AO KC
Chairperson of the NSW Electoral Commission
Statement from the Commissioner
18 August 2024
The Liberal Party of Australia, New South Wales Division requested an extension of the nomination period from Wednesday, 14 August until Wednesday, 21 August citing a delayed publication of a formal election notice on the NSW Electoral Commission website and concerns that the nomination forms did not reflect requirements set out in legislation.
The Electoral Commissioner for New South Wales (acting), Dr Matthew Phillips, yesterday considered the correspondence and the grounds for the request. On the basis of the available information, the Commissioner was not satisfied that it is possible to lawfully extend the nomination period in line with the request and, even if it were, it would not be appropriate to do so given the very significant ramifications it would have for the conduct of the elections.
Additional correspondence from the Liberal Party of Australia, New South Wales Division was received by the Commissioner today. He has reviewed the information and communicated to the party his decision remains unchanged.
The Commissioner accepts a formal election notice was published on the NSW Electoral Commission’s website 5 days prior to close of nominations, rather than 7 days. However, the Commissioner had widely publicised the nomination date and related information on the NSW Electoral Commission’s website, as well as through state-wide advertising via print and social media months in advance of the nomination date. It had also communicated this information directly to parties and candidates on numerous occasions since May 2024.
The Commission first published the nomination date on its website in October 2023. The Commissioner does not consider there could have been a realistic possibility that officials of the New South Wales Division of the Liberal Party of Australia, or persons proposing to run as candidates endorsed by that party, could have been unaware of the nomination day or of the processes by which nominations could be made.
On Sunday, the Commissioner said the delivery of the election was the focus of his agency.
"The NSW Electoral Commission staff remains focused on the delivery of the elections. Our Returning officers are in place across the state and the election period is now in full swing with ballot paper production underway. Full details about the election, including candidates in ballot paper order can be found on our website,” Dr Phillips said.