A New South Wales Labor party MP has been charged with allegedly misusing electoral roll records.

Sonia Hornery, the state member for Wallsend, has been charged by the NSW Electoral Commission with using enrolment information for a purpose not permitted, the commission said in a statement released on Wednesday.

The matter will be heard at the Downing Centre local court on 28 August.

If proven, the offence carries a maximum penalty of $110,000, but the maximum fine that can be imposed in the local court where the matter is being heard is $22,000.

Hornery was elected as member for Wallsend in March 2007 and was previously a councillor on Newcastle city council.

A spokesman for the NSW opposition leader, Luke Foley, told News Corp that Hornery would not be resigning over the allegation.

Hornery has released a statement saying she would contest the charge.

“I will be vigorously defending myself on this matter,” she said.