Former TOP staffer Sean Plunket is the subject of two election complaints that have been referred to police.
The Electoral Commission has referred four incidents to police in relation to social media use on election day.
Two of these concern Mr Plunket, TOP's former communications director.
On election day he posted a cryptic tweet that read: "Hope everyone remembers to put a top on before going out to vote, when it's cold, two tops."
The other two involved "other persons/organisations" according to a statement from the Electoral Commission.
It's against the Electoral Act to publish or distribute statements that may influence voters on election day, until booths close at 7pm - including on social media.
The Commission won't comment any further on the detail of the complaints as they are now before police.
Last election, several tweets from public sportspeople that endorsed National were referred to police. Warnings were issued, but no prosecutions were made.
Mr Plunket since been appointed as a member of the Broadcasting Standards Authority, and he is due to start in the role this month.