NSW election officials have not breached electoral laws — secure relocation of ballot boxes is standard practice

^{By Renee Davdison}

Video footage of NSW election officials moving ballot papers from an early voting station has been shared by social media users to falsely claim that the state’s electoral laws have been breached. 

In the video shared on Facebook on March 22, 2023, two NSW election officials are seen carrying ballot boxes to their car. The unnamed woman recording the video can be heard telling the officials that it is “illegal” to remove the ballot papers from the polling station. An unknown man can also be heard saying “this is another rigged election, is it?”. 

Facebook users have shared the video online to falsely claim that the movement of ballot boxes before election day is in breach of the state’s electoral laws. 

For instance, in one Facebook post containing the video, the user wrote: “MAITLAND For all those who have voted prepoll in NSW Elections, please note the NSWEC cannot remove your ballots until after 5pm election night. 

“It is now up to YOU to contact the NSWEC to demand a full police investigation and arrests immediately.”

Another Facebook user sharing the video similarly claimed: “IT APPEARS BALLOTS ARE BEING MISHANDLED IN CONTRAVENTION OF ELECTORAL LAW.”

But the claims are false. According to the NSW Electoral Commission (NSWEC), the relocation of ballot boxes before election day is permitted. 

“When an early voting centre has taken a large amount of votes it is usual practice for full ballot boxes to be moved to the Election Manager’s office for secure storage during the early voting period,” the NSWEC wrote on its Twitter account on March 23, 2023.

“This relocation of boxes is permitted and there are processes in place to ensure a robust audit trail of the ballot box movements,” the NSWEC said.

The NSWEC has listed the claim on its Disinformation Register where it outlines the processes in place to ensure all ballot boxes are stored securely.

“All ballot boxes are sealed and those seal numbers are recorded by election officials,” the NSWEC says on its Disinformation Register.

When the ballot boxes are collected, their security seal is recorded by both the early voting centre and the election official doing the collection, the register says. The ballot box is then transferred to the election manager’s office where its number is recorded and signed off by the election manager.

“The election manager then stores the ballot boxes from the early voting centre in a secure zone until they are required for sorting and counting,” it says. “The ballot boxes are not moved from the secure area until after voting stops at 6pm on election night.”

A spokeswoman for the NSWEC also confirmed in an email to RMIT FactLab that the removal of ballot boxes is driven by security and transparency and the boxes are only unsealed in the presence of scrutineers.

“The ability for scrutineers to be present when the ballot boxes are sealed at a voting centre is an important transparency measure,” spokeswoman Laura Maclean said. “When ballot boxes are unsealed after 6pm on election night for sorting and counting at a voting centre or other ballot counting place, this must also be done in the presence of any scrutineers.”