The NSW Liberal Party has dropped a threat to take legal action against the state Electoral Commission if it isn’t granted more time to nominate candidates for council elections next month.

Nominations for the September 14 poll closed on August 14, but the Liberal Party failed to register candidates in time, leaving more than 130 candidates out in the cold.

The Liberal Party has blamed the electoral commission for the stuff-up, saying the commission published a formal election notice five days before close of nominations on August 14, rather than seven.

On Sunday the Liberal Party called on the Electoral Commission to urgently reconsider its decision to refuse a request to extend the deadline, arguing the commission “did not comply with the timeframe to provide formal notice under its own regulation before closing nominations”.

“Should the NSW Electoral Commission fail to act, the Liberal Party of Australia NSW Division will be left with no other option but to pursue legal avenues to compel it to extend the nomination deadline,” the Liberal party statement said.

“The integrity of the 2024 NSW Local Government Elections depends on the Commission’s willingness to correct its mistake and ensure that the integrity of the democratic process is maintained.”

However, late on Tuesday acting NSW Liberal Party state director Wilson Chessell said after receiving legal advice, a decision had been made to drop the threatened action.

“The NSW Liberal Party received advice from Senior Counsel in relation to the irregularities in the process for nomination of local government candidates conducted by the NSW Electoral Commission. Having given consideration to that advice the division will not be taking any legal proceedings.”

Electoral Commissioner Dr Matthew Phillips previously said he didn’t accept there could have been a ‘realistic possibility’ that liberal officials or endorsed candidates could have been unaware of the nomination day.

 Dr Phillips said he wasn’t satisfied that it was possible to lawfully extend the nomination period in line with the Liberal Party’s request and his decision remained unchanged.

“And, even if it were, it would not be appropriate to do so given the very significant ramifications it would have for the conduct of the elections,” he said.

The delivery of the election was the focus of his agency, he said.

“The NSW Electoral Commission staff remains focused on the delivery of the elections. Our Returning officers are in place across the state and the election period is now in full swing with ballot paper production underway. Full details about the election, including candidates in ballot paper order can be found on our website,” Dr Phillips said.

The Liberal Party on Thursday sacked state director Richard Shields over the imbroglio, with state president Don Harwin saying Mr Shields’ failure to meet a fundamental responsibility had rendered his position “untenable”.

It’s understood that the Liberal Party is also facing a potential class action from candidates affected by the blunder.

Comment below to have your say on this story.

If you have a news story or tip-off, get in touch at editorial@governmentnews.com.au.  

Sign up to the Government News newsletter