Explainer: Why you won’t hear much about the election on election day

Explainer - Today is election day. But you won't be hearing much about it until after the polls close at 7pm.New Zealand has mandatory rules about how much campaigning is allowed, and you could possibly be hit with a fine of up to $20,000 if you ignore them.What can't I do?On election day, you are no longer allowed to do any campaigning or anything that would influence voters. This includes signs, demonstrations and posts on social media."I think there is a good argument for giving voters a bit of peace and quiet on election day," said Mona Krewel, a senior lecturer on comparative politics at Victoria University of Wellington Te Herenga Waka who has been tracking the role of social media in previous elections."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," she said.Download the Electoral Commission's full guide to rules on election day here.What are the penalties?According to the Electoral Act 1993, interfering with or influencing voters can lead to a fine of up to $20,000.Is there any campaigning allowed at a polling place?It's strictly forbidden to do anything anywhere that might influence voters until the polls close at 7pm.During early voting, any campaigning or advertising was prohibited at voting places or within 10 metres of their entrance.Can I keep that election hoarding up on my front fence?No. All election signs and hoardings must be removed by midnight the Friday before election day. Vehicles with election signs, bumper stickers and other political advertising must be out of public view as well.Political parties and MPs can leave fixed signage at their offices and headquarters if they were up before election day and aren't explicitly part of the campaign.Can I post a selfie online with my ballot telling everyone to vote like me?Heck no. On election day from midnight to 7pm, you can't post or share any content on social media about your vote."Don't post anything to social media or a website on election day that could influence voters," the Electoral Commission warns.There is no exemption for "the expression of personal political views online" according to the Electoral Commission, so in other words, no matter how you feel really, really strongly about your personal party vote, keep it to yourself for a few hours.In 2023, the Electoral Commission said it reported 20 people referred to police over social media posts on election day.Social media posts on election day can violate the rules.ROBIN UTRECHT / ANP MAG / ANP via AFPDo I have to take down everything I've ever written in the past about the election?No. You're not required to remove existing material on websites or social media as long as you don't update it on election day or advertise it, or repost old material on election day, and as long as it's only available to people who choose to access it.Even things like having your profile picture promoting a party or candidate could be considered an offence, so check your socials carefully."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."Asking for everything to be removed entirely is probably also unrealistic these days."There is an argument that restrictions laid out in the Electoral Act 1993 aren't quite fit for purpose in 2026, and that plenty of influencing still goes on during early voting."With advance voting becoming increasingly popular and many New Zealanders casting their ballots well before election day, the regulation is becoming somewhat outdated," Krewel noted."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."Many people probably aren't even aware of the restrictions on election day posting, Krewel said."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 the restrictions "strike a fair balance" as people can still seek out previous information online on voting day if they wish, but they also give voters a break from a feed full of election hype on the day itself.As you head to the polls this week, there's some rules you need to be aware of.RNZ/Nosiphi MapukataCan I just take a cool TikTok of the people who are voting?Absolutely not. The Electoral Commission asks people to respect the privacy of others.Publishing photos or videos of someone filling out their ballot is a potential offence.Some permissions can be granted by electorate managers for photo ops, like a candidate casting their vote or media coverage of voting.Enforcement of the social media rules are difficult, though, Krewel said."The Electoral Commission does not actively monitor everyone's conduct on election day, and realistically, it couldn't possibly police everything people post online. Instead, it largely relies on complaints and responds when potential breaches are brought to its attention."There are rules about conduct around voting places, too.RNZ/Nosiphi MapukataCan I give away free sausages outside polling places to everyone voting?Nah, mate.Last year, the government moved to strengthen the offence of "treating" by creating a 100-metre buffer around polling stations where free food, drink and entertainment are not allowed.Any place acting as a voting place that would ordinarily be providing food is allowed to - such as refreshments at a tangi or tea and coffee in a school staffroom.Can I poll people leaving about who they voted for?Nope. You can't do that on election day or during advance voting."Our processes ensure people have a positive experience, and that their privacy and other rights are protected," the Electoral Commission notes.Aggressive behaviour will not be tolerated at the polls.RNZ / Nick MonroCan I just hang out at the voting place for a while afterwards to soak up the vibes?"Once you have voted, we ask that you don't linger and leave the voting place straight away," the Electoral Commission advises.The Electoral Commission has also warned people that aggressive behaviour won't be tolerated - a concern particularly high this year."Members of the public who are disruptive or causing a disturbance will be told to leave the voting place. Failure to comply with this direction is an offence and may be referred to police."Can I stand out in front of the polling place with a megaphone telling everyone to vote for my candidate?That's a definite no, for all the reasons mentioned above.Can I at least wear my party colours or badge?According to the Electoral Commission, you may wear a party lapel badge or rosette with party colours, a party name and branding, but not a candidate name. Any lapel badge or rosette you wear must include a promoter statement. You can also wear party colours, but only on people or vehicles.Can I remind people to vote or help them get to the polls?You are allowed to contact people to offer help or a reminder, but must not influence how they vote.If you need help to vote, the Electoral Commission also offers several special services for those with disabilities or in need of support.Last question - can I bring my dog?Of course, although they can't vote if they're not enrolled, and it's strictly up to the polling place's rules itself if they're allowed inside.Who do I complain to if someone is breaking those rules?You can start with the Electoral Commission. If they believe an offence has been committed, they'll refer people to the police. They can't enforce the law or prosecute offenders themselves.Krewel said she didn't see the election day restrictions as any real kind of freedom of speech issue."People have plenty of time to express their political opinions throughout the election campaign and can freely do so again immediately after election day," she said."We're essentially talking about a temporary restriction of just one day, intended to give voters some peace and quiet to make their decision."