The NSW Liberal Party is threatening to take legal action against the state’s electoral commission.
Last week, the party announced it had missed the deadline to file around 140 prospective candidates’ paperwork for the upcoming NSW local council elections.
The Liberal Party then requested an extension, which the NSW Electoral Commission (NSWEC) declined.
The party is now considering legal action, accusing the NSWEC of failing to give enough warning that the deadline was approaching.
Local elections
On 14 September, NSW will hold local council elections.
The NSWEC set a deadline for nominating candidates: 12pm, Wednesday 14 August.
Five days before the deadline, it sent out a reminder to parties.
After the deadline, no new candidates could register to appear on the ballot.
Liberals
Last week, it emerged the Liberal Party had missed its deadline to nominate candidates for some local elections around the state.
It means at least 138 Liberal candidates won’t appear on ballot papers.
Election analyst Ben Raue, author of The Tally Room blog, estimates eight local councils won’t have any Liberal candidates in the running.
This includes areas where the Liberals previously performed well, including Lane Cove and the Northern Beaches.
The error was blamed on the party’s state director Richard Shields, who was fired from his role last week.
In the aftermath, senior Liberal figure Don Harwin asked the NSWEC to extend the deadline to Wednesday 21 August.
Harwin alleged the NSWEC opened nominations for candidates five days before the deadline.
Under state law, the NSWEC must open nominations seven days before the deadline.
NSW electoral commission
The NSWEC denied Harwin’s request over the weekend. In a statement, it cited the “very significant ramifications” a deadline extension would have on the elections.
It said it had provided notice of the nomination deadline “months in advance,” via its website, “state-wide advertising,” and directly to major parties.
The NSWEC said political parties and candidates had been advised of the 14 August deadline as early as May.
Legal threat
After Sunday’s decision, the NSW Liberal Party said it’s next action will be to “pursue legal avenues to compel [the NSWEC] to extend the nomination deadline.”
A statement from the party said, “This is about more than just a date — it’s about the NSWEC’s responsibility to ensure that the electoral process is conducted fairly… The integrity of our democracy is at stake.”
State Liberal leader Mark Speakman said: “If there is any chance of rectifying this situation, if there’s a reasonable legal basis to do so, then I expect [party leadership] will be investigating”.
