More to the story on how much a vote is worth at the NSW election

^{By Frank Algra-Maschio}

A video shared on social media which makes claims on how much public funding candidates or parties may earn at the New South Wales state election is missing some vital context.

The video claims that candidates will receive $4.66 per first preference vote if they get more than 4 per cent of the vote in a Legislative Assembly district race, and $3.50 per vote if they are elected to the Legislative Council.

The video provides only a snapshot on how much a candidate or party might receive per vote and their eligibility criteria for such funding. There is much more to this process than is stated in the video.

Candidates and parties are subject to different eligibility criteria and dollar per vote figures, which is not specified in the video. 

The video also does not explain that they must prove to the NSW Electoral Commission (NSWEC) that the expenses they claim were spent on election activities. And it fails to mention that NSW legislation specifies that expenditure on elections by candidates and parties is capped.

The video was shared on Instagram and Facebook by “Turning Point Australia”, which has 91k followers on Facebook and 22k on Instagram. 

Turning Point is a group founded in the USA to promote conservative values in high schools and colleges. Its connection with these Australian accounts is unclear.

FactLab determined a similar claim made by Turning Point in relation to the 2022 federal election that was also missing context.

The NSWEC confirmed to FactLab via email that certain requirements apply for candidates and parties to receive funding from its dedicated Election Campaigns Fund.

The stated purpose of the NSWEC Election Campaigns Fund is to “reimburse relevant electoral expenditure of eligible political parties and candidates”.

Firstly, there are different criteria for parties and candidates to meet to be considered eligible for funding.

Parties become eligible for funding if their endorsed candidates receive 4 per cent of the total first preference votes across all Legislative Assembly districts where they nominated candidates, or 4 per cent of the total vote in the Legislative Council. A party is also eligible if any of its candidates are successfully elected.

Independent candidates must either be elected or reach the 4 per cent threshold in the electoral district in which they are running for either house.

The $4.66 and $3.50 figures which the video refers to applies to parties, not to candidates. But the video fails to make this clear.

A party may also claim $5.25 per first preference vote received by endorsed candidates in the Legislative Council, which typically occurs when parties only endorse candidates for this house.

Independent candidates who meet the eligibility criteria are entitled to $4.66 per first preference vote in a Legislative Assembly race, but they are entitled to $5.25 per first preference vote if they are running for the Legislative Council.

However, these dollar per vote calculations are not the only basis on which parties or candidates may receive funding from the Election Campaigns Fund. 

Candidates or parties receive the lesser amount of either the dollar per vote calculation or the total amount of the actual campaign expenditure incurred by the candidate or the party. 

This ensures that parties or candidates receive no public funding above what is expended on the election.

According to the NSWEC, actual campaign expenditure is “electoral expenditure incurred in connection with a State election that is within a party or candidate’s expenditure cap.” 

Electoral expenditure is further defined in Electoral Funding Act 2018 No 20 (NSW) as “expenditure for or in connection with promoting or opposing, directly or indirectly, a party or the election of a candidate or candidates or for the purpose of influencing, directly or indirectly, the voting at an election”.

The act specifies that this might include expenditure on advertising, the production and distribution of election material (e.g. corflutes) or engagement of staff in the campaign.

Only electoral expenditure incurred during a certain period can be claimed. For a state general election, this period commences on 1 July preceding the election and ends on election day.

Some parties are eligible to receive payments in advance of the election. This calculation is based on the funding that party received at the previous election. Advance payments are deducted from the final amount paid to the party following the election.

Once the NSWEC has notified a candidate or party that they are eligible to receive funding, they must lodge a claim with the commission. 

An eligible candidate or party will not receive any public funding if they do not lodge a claim, even if they are only seeking funding based on the dollar per vote figure.

The invoices or receipts for each item of expenditure claimed must be provided, and claims are made available to the public here.

The NSWEC may reject items of expenditure, for example if there is no supporting documentation or it is not deemed as electoral expenditure. 

There is also a cap on what any eligible candidate or party can receive. 

NSW legislation stipulates the figure certain candidates or parties are allowed to spend on electoral expenditure during an election campaign. For example, an independent candidate in either house may not spend more than $198,700 on electoral expenditure. 

Expenditure in excess of the cap cannot be reimbursed from the Election Campaigns Fund.

The NSWEC also provides public funding to parties and candidates under the Administration Fund and to parties under the New Parties Fund.

_{Thumbnail photo credit: ABC News, Anne Delaney.}