Legislative Council
Elections 2020

Considering Standing as a Candidate?


2020 Legislative Council election Facebook breach of section 196 of the Electoral Act 2004

At the 2020 Legislative Council elections, a possible breach of section 196 of the Act in a single Facebook post (where a candidate was mentioned without their consent) was brought to the attention of the Electoral Commissioner. After investigating the matter and referring it to the Director of Public Prosecutions, the Director advised there was no reasonable prospect of conviction and that he would not prosecute the matter.

In light of the process arising from this complaint and the advice received on this matter, the Electoral Commissioner noted the following:

  • This offence is largely a continuation/carry over of a very similar section in the preceding electoral act — section 243(4), Electoral Act 1985. The Act became law before the development of social media and the use of social media for electoral and election discourse.
  • While the definition of “publish” in the Act includes by publication on the internet, section 196(1) was written to primarily refer to physical actions (print, publish and distribute) with physical items (advertisement, “how to vote” card, handbill pamphlet, poster or notice).
  • The Act does not establish any similar restrictions on the use of a candidate’s name in a political speech, personal conversation or on talk back radio. The relatively recent rise of social media appears to fall between the historical discourse of delivered material and verbal social/personal communication.
  • It may be arguable the Facebook post is political discourse that could be considered closer to a radio interview or public debate than a handbill, “how to vote” card or notice.
  • A breach of section 196 is a criminal offence which has severe consequences: that is a “fine not exceeding 300 penalty units or imprisonment for a term not exceeding 12 months, or both.”
  • A wide interpretation of the term notice to include such comments could be seen as seriously infringing freedom of speech and political communications.

 Electoral Commissioner's statement

The Electoral Commissioner has an important role to encourage and enforce compliance with all electoral laws and to review and respond to possible breaches. Therefore, while I will continue to ask individuals to refrain from actions that may breach section 196 of the Act, I am currently of the view that some publications on social media, including those in the nature of the Facebook post in question, are not likely to present a sufficiently compelling case to seek the commencement of criminal prosecution. However, I will continue to consider each case on its merits.



Information for Candidates

 Single-page supplement inserted into booklet 24 June.

This 2020 edition of the information booklet is designed to assist intending candidates for Tasmanian Legislative Council elections.

New in 2020

Following recent amendments to the Electoral Act 2004:

  • The restrictions on publishing advertisements and comments relating to a candidate or election issue in a newspaper on polling day have been removed (see page 18 of booklet).
  • All applications for postal votes must be received before 4pm on the 8th day before polling day. Therefore the deadline for receipt of postal vote applications for the 2020 Legislative Council elections is 4pm Friday 24 July 2020 (see page 20 of booklet).

Nominating

  Nominations have closed.

Candidates can be nominated in 2 ways:

Individual (non-party) nomination

The non-party nomination form for individuals is used for nomination of an individual candidate. Following amendments to the Electoral Act 2004 in November 2015, these candidates can choose to have the word independent placed under their name on the ballot paper.

  Nomination form (individual, non-party candidates) [PDF, 339KB]

Nominated by a party

The party nomination form enables a registered party to nominate its candidate for a division.

  Nomination form (candidate nominated by a registered party) [PDF, 355KB]

How to lodge your nomination

  Nominations have closed.

Nominations can be received after the writ is issued (6pm Monday 22 June 2020).

It is the responsibility of the candidate to ensure that the nomination form and the $400 deposit are received by the returning officer (also the Commissioner for party nominations) before the close of nominations 12 noon Thursday 2 July 2020.

For the 2020 Legislative Council elections, your nomination form and deposit can be lodged with the returning officer at the following locations:

Huon
Election Office
48a Browns Road
Kingston
Rosevears
Election Office
212 York Street
Launceston

In addition, party nominations only may be lodged with the Commissioner at the following location:

Tasmanian Electoral Commission
Level 3, 169 Main Road
Moonah

For the 2020 Legislative Council elections, the returning officers are:

Huon
Lissa Villeneuve
Ph 6208 8761
Rosevears
Sarah Mathews
Ph 6208 8771

Candidate Expenditure

  For the 2020 Legislative Council elections, the reporting period for candidate expenditure still begins at Wednesday 1 January 2020.

For Legislative Council elections, election expenditure is capped and details must be provided in a return within 60 days of the result of the election being declared. The expenditure limit for the 2020 elections is $17,500.

  Candidate expenditure return [PDF, 796KB]

The Commission also provides a    TEC expenditure template [XLS, 15KB], to assist candidates with recording their items of expenditure. If using this template, candidates must include a printed a copy of the completed Template and attach it to the Expenditure Return Form. Please ensure that the first and final pages (including the candidate declaration) have also been completed before lodging.

Prior to the last election, the TEC reviewed election expenditure policies in relation to re-used or re-cycled election material. The policy now requires reporting of expenses incurred only for the current election.

For example:

  • If re-using signs or material from a previous election, the value for that material is not required in the return.
  • Costs to update re-used material, such as stickers to overlay on old signs, should be included.

See the    Information for Candidates booklet [PDF, 2.4MB] for more details.


Campaigning and advertising

For Tasmanian Parliamentary elections, campaign material must be authorised between the issue of the writ and the close of poll. Campaign material must not contain an image or name of another candidate without their consent. See the Candidate's Handbook for more details about these and other conditions that apply.

Electoral Commissioner's policy on electoral matter on the internet    



How to access the Electoral Act 2004 and other legislation

The Electoral Act 2004 and other up-to-date Tasmanian Acts and Regulations can be accessed at Tasmania's consolidated legislation online.



Authorisation of election matter on the internet

Under section 191(1)(b) of the Electoral Act 2004, all electoral matter published on the internet between the issue of the writ for an election and the close of poll at that election must contain the name and address of the responsible person at the end.

Address means a street address (not a post office box or an electronic address) at which the responsible person resides or can be readily contacted.

Responsible person means the person taking responsibility for causing electoral matter to be published.

Electoral matter means matter which is intended or likely to affect voting in an election.

The Electoral Commissioner recommends that candidates and other persons with websites (including ‘Facebook’ pages) containing electoral matter should ensure that the name and address of the responsible person appears on each page.

For example, an appropriate place to include authorisation on a website would be on a footer, or on ‘Facebook’ at the end of a post that contains electoral matter.


Related information

Results

Progressive results...

Learn more   
Your Candidates

Huon and Rosevears candidates have been announced...

Learn more   
Ways to Vote

Services to help you have your say in the Huon and Rosevears Legislative Council elections.

Learn more   
Polling Places

Find your nearest polling place on polling day...

Learn more    
Divisions

The divisions of Huon and Rosevears are scheduled to go to election in 2020...

Learn more   
Enrolment

Check your enrolment, update your details, or enrol to vote...
(opens in new tab)

Learn more   
Coronavirus and the election

Learn what the TEC is doing, and what you can do....

Learn more