The No Land Tax Party is threatening legal action to force a re-run of the New South Wales election if it does not win an Upper House seat.

Counting for seats in the Legislative Council is continuing, with the results not expected to be known until April 15.

The No Land Tax Party fielded candidates in all 93 seats across the state and had thousands of staff handing out how-to-vote cards.

Speaking on Radio National Breakfast, leader Peter Jones confirmed he was currently working on an application to the Court of Disputed Returns to have the state election results overturned.

Mr Jones claimed the party would succeed in having the poll result thrown on the grounds of alleged harassment by the Liberal Party and a glitch in the 'iVote' system.

"The first ground is there was a snafu with iVote system where 18,000 ballots incorrectly issued or issued with mistakes," he said.

"The second ground is we were subjected to an outrageous and unprecedented campaign of dirty tricks and harassment by the Liberal Party."

Mr Jones said he was confident the election results would be overturned.

Sorry, this audio has expired Peter Jones speaks to James Carleton on Radio National Breakfast

"I know we'll be successful in overturning this one, it's a dead-set certainty," he said.

"The only way the election won't be overturned is if the judge is on the take or on crystal meth."

ABC Election analyst Antony Green said the party was not going to gain a seat in the Upper House, with the Animal Protection Party the first minor party in line for last seat, but unlikely to get over the line.

He said the iVote glitch did not affect the No Land Tax Party, and a legal challenge would not succeed.

Wages still not paid

The No Land Tax Party has been criticised on social media for not paying election day workers, who were promised $300 on the day.

Mr Jones said 3,000 people were employed to hand out 'how to vote' cards for the party on election day, but 200 had earlier pulled out due to alleged harassment from Liberal Party supporters.

He said he intended to pay the workers next week.

"They should have been paid this week, but last week when I should have been organising the logistics of their pay, I was running around filling 200 vacancies by people who pulled out because they'd been harassed by the Liberal party," he said.

"We engaged 3,600 but many didn't show up.

"So I'm doing this week what I should have done last week so that means people will be paid next week."

Mr Jones, a former union official, said the workers had been told that "polite and patient people will be paid first and rude and obnoxious people will be paid last".

Campaign run out of Canberra

Mr Jones would not be drawn on who was advising the party as he did not want to "embarrass them", but confirmed that the campaign was being run out of Canberra.

"That's where our campaign advisers and experts are," he said.

When pressed on who they were, he said: "I don't want to embarrass them at the moment."

Mr Jones was then asked why colleagues would consider the disclosure of their involvement in the campaign an embarrassment.

"Not an embarrassment — we've got serious work to do today to make sure these people are paid and the fewer distractions we have, the quicker we'll be able to get that job done," he said.

Mr Jones was asked if any past parliamentarians were behind his party.

"Well there's certainly some people with political pedigree, yes," he said.

"From the Liberal side, definitely from the Liberal side.

"I was asked mainly as a hired gun to give advice to the No Land Tax campaign, for which they've been very grateful. All of them, well almost all of them, are on the Liberal side of politics.

"I was told under no circumstances would we be allowed to prefer the Labor party or the Greens but we had to prefer the Liberal Party and that's precisely what we did."