New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 237

237 Voiding election for illegal practices

(1) If the Court of Disputed Returns finds that a successful candidate has committed or has attempted to commit an offence under section 209 (Electoral bribery, treating and selling of votes) or 210 (Interference with right to vote), his or her election is to be declared void.

(2) A finding by the Court of Disputed Returns does not bar or prejudice any prosecution for any illegal practice.

(3) The Court of Disputed Returns is not to declare that any person returned as elected was not duly elected or declare any election void--

(a) on the ground of any illegal practice committed by any person (other than the candidate) and without the candidate's knowledge or authority, or

(b) on the ground of any illegal practice other than a contravention or attempted contravention of section 209 (Electoral bribery, treating and selling of votes) or 210 (Interference with right to vote),

unless the Court is satisfied that the result of the election was likely to be affected and that it is just that the candidate should be declared not to be duly elected or that the election should be declared void.