NSW Fines or Jail for Giving Out Unregistered Election Material Near Early Voting Centres

Electoral Legislation Amendment (Elections) Bill 2026

5 May 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

campaign finance criminal penalties data privacy election administration elections electoral system information sharing political donations political parties privacy public safety voter registration voting access +8 more

Introduced by: The Hon Jenny Aitchison MP (ALP); The Hon John Graham MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

New criminal offence for producing or distributing digitally generated electoral material that falsely depicts a real person doing something they did not do (AI deepfakes), during an election campaign. Individuals face a fine of up to 60 penalty units (2026: $6,600) or 6 months jail, or both; companies face a fine of up to 300 penalty units (2026: $33,000).
New offence for distributing AI-generated electoral material without a clear statement that it is AI-generated.
New offences for photographing or recording inside a voting centre or ballot-counting place without the manager's permission, or recording people in ways reasonably likely to cause intimidation or harassment, with fines of up to 20 penalty units (2026: $2,200).
Political parties can no longer be registered in NSW if their name consists solely of an individual's name, or uses only the words 'Independent Party' or 'Independent'.
Voters who cannot enter a voting centre due to physical disability, illness, advanced pregnancy, or similar condition can be allowed by the centre manager to complete their ballot paper outside.
Disclosures of political donations must specify whether the donation was solicited by or made for the benefit of a particular candidate endorsed by the party, and if so, which candidate.
The Electoral Commissioner must give the ICAC a list of enrolled voters if the ICAC asks in writing for the purpose of an investigation.
Political donations received during the pre-election period must be disclosed within 7 days of receipt, much faster than under the standard reporting timetable.
Registered political parties or MPs can be fined up to 1,000 penalty units (2026: $110,000) if they break a security agreement regarding election information.
People can be fined up to 20 penalty units (2026: $2,200) for collecting another person's personal details for a postal vote application without written consent.
People can be fined up to 20 penalty units (2026: $2,200) for asking someone to send their postal vote application to anyone other than the Electoral Commissioner.
People can be fined up to 20 penalty units (2026: $2,200) for distributing postal vote applications that are not in the approved form.
People who distribute unregistered election material within 100m of an early voting centre can be fined up to 20 penalty units (2026: $2,200) or face 6 months jail. Corporations can be fined up to 100 penalty units (2026: $11,000).

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“On behalf of the Opposition, I contribute to debate on the Electoral Legislation Amendment (Elections) Bill 2026, and I join with the Minister in adding our thanks to the work of the Joint Standing Committee on Electoral Matters.”

Official source →

Mark Latham IND

“The Electoral Legislation Amendment (Elections) Bill 2026 is very broad omnibus legislation that gives a major update to electoral laws in New South Wales. I congratulate Minister Graham on the work and effort he has put into the bill. He has consulted widely and taken on ideas from across the Parliament and the community.”

Official source →

Tania Mihailuk IND

“I make a very brief contribution to the Electoral Legislation Amendment (Elections) Bill 2026, which I support, as I imagine every member of the House does. The bill proposes to amend four pieces of legislation: the Electoral Act 2017, the Electoral Funding Act 2018, the Independent Commission Against Corruption Act 1988 and the Local Government Act 1993.”

Official source →

Cate Faehrmann GRN

“I speak in support of the Electoral Legislation Amendment (Elections) Bill 2026. I note the contribution of my colleague the member for Balmain, Kobi Shetty, the Greens spokesperson for democracy, who led in debate on the bill in the other place. The bill introduces sensible measures that strengthen integrity and confidence in the electoral system in this State.”

Official source →

John Graham ALP

“I make a couple of comments about the overall effect of the bill. The bill helps reach the Government’s goals of participation and confidence in the electoral system. It will regulate AI for the first time. I have no doubt that we will have to change the regulations over time as things develop, but it is important that we are stepping into this.”

Official source →

News articles and press releases

Second Reading Speech, Electoral Legislation Amendment (Elections) Bill 2026

Ms JENNY AITCHISON, Minister for Regional Transport — 2026-03-17

The Electoral Legislation Amendment (Elections) Bill 2026 amends the Electoral Act 2017 and the Electoral Funding Act 2018, among other Acts, to facilitate the 2027 New South Wales general election and to implement recommendations made by the Joint Standing Committee on Electoral Matters—which I will refer to as the joint standing committee—and one recommendation made by the Independent Commission Against Corruption. In August last year the Minister for Local Government notified the House of the Government's intention to bring the 2027 general election date forward by two weeks to avoid a clash with the Easter holiday weekend, which falls over the weekend of Saturday 27 March 2027. The bill includes special provisions to facilitate the holding of the election on 13 March 2027, which is two weeks earlier than it is due to fall otherwise.