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New Zealand Enforces Strict Election Day Campaigning Rules

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New Zealand voters face strict restrictions on political campaigning during election day, with authorities prohibiting activities that could influence voting until polling stations close at 7 p.m. Violations of the Electoral Act 1993 can result in fines of up to $20,000, covering activities ranging from campaign displays to social media posts.

The restrictions apply nationwide on election day, including public spaces, polling locations and online platforms. According to the Electoral Commission, voters and political parties must avoid distributing campaign material or encouraging people to support particular candidates while voting remains open.

Election signs and advertising hoardings must be removed by midnight on the Friday before election day. Vehicles displaying political advertisements, including bumper stickers, must also be kept out of public view.

Mona Krewel, a senior lecturer in comparative politics at Victoria University of Wellington Te Herenga Waka, supports giving voters a break from political campaigning after an extended election period.

"I think there is a good argument for giving voters a bit of peace and quiet on election day. At this point, the campaign has been going on for long enough, and all parties have had a fair opportunity to inform voters about their policies and candidates," Krewel said.

However, existing campaign restrictions do not require people to delete previously published political material. The Electoral Commission allows existing website and social media content to remain available if users access it voluntarily and the material is not actively promoted, updated or reposted on election day.

Krewel said the commission does not require people to erase their entire online political history.

"The Electoral Commission does not ask people to completely remove stuff from social media or websites on election day, as long as people are not actively being pushed towards that content and only see it when they decide to access it voluntarily," Krewel said.

She also questioned whether demanding the removal of all existing political material would be practical.

"Asking for everything to be removed entirely is probably also unrealistic these days," she said.

New Zealand's changing voting habits have also raised questions about whether the current legislation adequately reflects modern election practices. Increasingly popular advance voting means some voters encounter political campaigning shortly before casting their ballots.

"With advance voting becoming increasingly popular and many New Zealanders casting their ballots well before election day, the regulation is becoming somewhat outdated," Krewel said.

She explained that the rules create different campaigning conditions for people who vote early and those who wait until election day.

"We essentially have a situation where some voters are still exposed to active campaigning right up until the moment they cast their vote, while those who vote on election day get a campaign-free environment. So the original rationale for the restriction is becoming less convincing as voting habits change," she said.

Public awareness of the restrictions may also be incomplete, particularly regarding personal social media accounts. Krewel warned that even seemingly harmless political endorsements could breach electoral law.

"Most people probably know the basics, but I doubt that many are aware that something as seemingly harmless as posting 'Vote for [whichever party]!' on their personal social media account on election day could constitute a breach of electoral law," Krewel said.

She described the restrictions as striking a fair balance between protecting voters from active campaigning and allowing them to access previously published political information voluntarily.

"The restrictions strike a fair balance," Krewel said.

The Electoral Commission separately warns voters against publishing material intended to influence others during polling hours.

"Don't post anything to social media or a website on election day that could influence voters," the Electoral Commission warns.

The commission also prohibits publishing photographs or videos of people completing their ballots because doing so could violate voter privacy. Exceptions may be granted by electorate managers for authorized media coverage or candidate voting appearances.

Campaigning restrictions also cover activities around polling stations. During advance voting, political advertising was prohibited at voting places and within 10 meters of their entrances.

The government strengthened rules against electoral treating last year by establishing a 100-meter exclusion zone around polling stations. Free food, drinks and entertainment are prohibited within that area, although ordinary refreshments provided at locations such as tangi gatherings and school staffrooms remain permitted.

Asking voters how they cast their ballots is also prohibited during election day and advance voting. The Electoral Commission reported that 20 people were referred to police over election-related social media posts in 2023.

Krewel said enforcement remains challenging because authorities cannot monitor every online publication. The Electoral Commission generally relies on public complaints to identify and investigate potential violations.

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Editors Team
Daisy Floren

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