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Appendix B: quick guide for electorate candidates - common questions

The Quick Guide helps to answer the commonly asked questions during an election campaign and on polling day. It is not a comprehensive explanation of electoral law on campaigning. Readers should consult this Handbook, the electoral and referendum legislation and take their own legal advice when in doubt. The Electoral Commission is also willing to discuss any problems.

Election advertising

Topic Electorate candidates can Electorate candidates can’t

Election advertising -

radio and television

Promote their own election in the period from writ day to the day before polling day (26 October 2011 to 25 November 2011).

Identify the party they represent and its policies in order to promote their own election.

Broadcast outside the period from writ day to the day before polling day (26 October 2011 to 25 November 2011).

Broadcast on polling day

(26 November 2011).

Promote the party vote or attack other candidates or parties.

Broadcast without including their name and street address.

Election advertising

(other than television and radio)

Promote their own election.

Promote the party vote with written authorisation of their party secretary. The cost is treated as an election expense of the party, not the candidate. For apportionment of expenditure relating to shared advertising promoting the candidate and the party vote consult your party secretary.

Attack the policies of other candidates or parties.

Operate a website on polling day (26 November 2011).

Publish without including their name and street address.

Publish on polling day

(26 November 2011).

Display in view of a public place on polling day (26 November 2011).

Display on vehicles (including bumper stickers) in view of a public place on polling day (26 November 2011).

Put new material on a website on polling day (26 November 2011).

Advertise a website on polling day (26 November 2011).

Use systems on polling day that make website advertising available to persons who haven’t voluntarily accessed the website.

Election expenses

(promoting the candidate) 		Spend up to $25,000 (incl GST) on candidate advertising published during the regulated period (26 August 2011 to 25 November 2011). Spend more than $25,000 (incl GST) on candidate advertising published during the regulated period (26 August 2011 to 25 November 2011).

Party lapel badges

(a badge or rosette designed to be worn on the lapel) on polling day

(26 November 2011)

Feature the party name, emblem, slogan or logo on a party lapel badge.

Wear the lapel badge themselves.

Have scrutineers, party officials, or supporters wear them.

Display party lapel badges on vehicles or in other places.

Feature their name on a badge.

Permit clothing to be worn on polling day promoting the candidate or party.

Streamers, rosettes

(other than those designed to be worn on the lapel), ribbons and similar items on polling day

(26 November 2011)

Display these in party colours.

Have candidates, scrutineers, party officials or supporters wear them.

Display them on vehicles.

Feature the party name, emblem, slogan or logo on the streamers etc.

Display them on anything other than people or vehicles.

Referendum advertising

Topic Candidates can Candidates can’t

Referendum advertising -

radio and television

Broadcast a referendum programme at any time before polling day. However, candidates would need to carefully consider whether any broadcasting about the referendum would fall under the definition of an election programme. If so, it can only be broadcast from 26 October (writ day) and subject to the rules for broadcast of election programmes.

Broadcast a joint referendum and election programme subject to the rules for broadcast of election programmes

Broadcast on polling day.

Broadcast without including the name and address of the promoter of the advertisement.

Referendum advertising

(other than television and radio)

Promote or attack a particular option.

Publish a joint referendum and election advertisement subject to the rules for publication of election ads.

Operate a website on polling day (26 November 2011).

Publish without including the name and address of the promoter of the advertisement.

Publish on polling day (26 November 2011).

Display in view of a public place on polling day (26 November 2011).

Display on vehicles (including bumper stickers) in view of a public place on polling day (26 November 2011).

Put new material on the website on polling day (26 November 2011).

Advertise the website on polling day (26 November 2011).

Use systems on polling day that make the advertising available to persons who haven’t voluntarily accessed the website.
Referendum expenses

Spend up to $12,000 on referendum advertising during the regulated period.

If they register with the Electoral Commission, a candidate can spend up to $300,000 on referendum advertising during the same period.

Spend more than $12,000 on referendum advertising during the regulated period without registering.

If registered, spend more than $300,000 on referendum advertising during the same period.
Referendum lapel badges (a badge or rosette designed to be worn on the lapel) on polling day

Feature a referendum option, emblem, slogan or logo on referendum label badges.

Have scrutineers, candidates, party officials or supporters wear them as well as a party lapel badge.

Display referendum lapel badges on vehicles or in other places.

Permit scrutineers, candidates, party officials or supporters to wear clothing promoting a referendum option.

Streamers, rosettes (other than those designed to be worn on the lapel), ribbons and similar items on polling day

Display these in colours identified with a referendum option.

Have scrutineers, candidates, party officials and supporters wear them.

Display them on vehicles.

Feature a referendum option, emblem, slogan or logo on the streamers etc.

Display them on anything other than people or vehicles.