New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 88

88 Nomination deposit

(1) The nomination of a candidate is not valid unless, by 12 noon on the nomination day, the person nominated or some person on his or her behalf deposits with the Electoral Commissioner, in the approved manner, the sum of--

(a) in relation to an election for a district--$250, or

(b) in relation to a periodic Council election--$500.

(2) However, the amount of the deposit for a candidate for a periodic Council election included in a group comprising more than 10 candidates is $5,000 divided by the number of candidates in that group.

(3) The deposit of a candidate for an election for a district is to be returned if--

(a) the candidate is elected, or

(b) the total number of first preference votes cast in the candidate's favour is at least 4% of the total number of first preference votes cast in the election, or

(c) the candidate dies before the election day concerned, or

(d) the candidate withdraws his or her name from nomination under this Division.

(4) The deposit of a candidate for a periodic Council election is to be returned if--

(a) the candidate is elected, or

(b) at least one of the candidates in the group in which the candidate is included is elected, or

(c) the total number of first preference votes cast in the candidate's favour or in favour of the members of the group in which the candidate is included is at least 4% of the total number of first preference votes cast in the election, or

(d) the candidate dies before the date of the election, or

(e) the candidate withdraws his or her name from nomination under this Division.

(5) The deposit of a candidate that is to be returned is to be returned to the person that lodged the deposit.

(6) In any other case the deposit is forfeited to the State.