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Solomon Islands Sessional Legislation |
(NO. 6 OF 2018)
(NO. 6 OF 2018)
PASSED by the National Parliament this twenty-fourth day of August 2018.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of the Bill)
Clezy Rore
Clerk to National Parliament
ASSENTED to in Her Majesty’s name and on Her Majesty’s behalf this seventh day of September 2018.
Sir Frank Utu Ofagioro Kabui
Governor-General
Date of Commencement: see section 2.
AN ACT TO REGULATE THE REGISTRATION OF ELECTORS AND THE ELECTION OF MEMBERS OF THE NATIONAL PARLIAMENT AND FOR RELATED PURPOSES.
ENACTED BY THE NATIONAL PARLIAMENT OF SOLOMON ISLANDS.
Table of provisions
PART 1 PRELIMINARY MATTERS
1 Short title
2 Commencement
3 Definitions
4 Meaning of “ordinarily resident”
5 Meaning of “campaign activity”
PART 2 ELECTORAL SYSTEM, RIGHTS AND CONSTITUENCIES
6 First-past-the-post voting system
7 Right to be an elector
8 Right to be a candidate
9 Right to vote
10 Electoral constituencies
PART 3 ADMINISTRATION
Division 1 Electoral Commission
11 General functions and powers
12 Functions relating to Provincial Assemblies
13 Deputy Chairperson
14 Meetings
15 Committees
Division 2 Chief Electoral Officer
16 Functions and powers
17 Impartiality and independence
Division 3 Electoral Office
18 Establishment and functions
19 Staff
20 Funds
21 Annual report
Division 4 Electoral officials
Subdivision 1 Appointment
22 Registration managers
23 Registration officers and assistants
24 Revising officers and assistants
24A Restrictions on appointments
25 Election managers
26 Returning officers and assistants
27 Presiding officers and polling assistants
Subdivision 2 Administrative matters
28 Appointment requirements
29 Remuneration
30 General complaints about electoral officials
PART 4 REGISTRATION OF ELECTORS
Division 1 Preparation for registration
31 Registration period and centres
32 Registration notice
Division 2 Registration and changes to registration
33 Applying for registration
34 Changes to registration
35 Provisional list of electors
Division 3 Objections in relation to provisional list of electors
Subdivision 1 Making an objection
36 Objection period
37 Objection to omission from list
38 Objection to inclusion on list by elector
39 Objection to inclusion on list by Commission
40 How objection must be made
41 Notification of objections
Subdivision 2 Dealing with objections
42 Public inquiry to be held
43 Time and place of public inquiry
44 Conduct of inquiry
45 Who may be present at public inquiry
46 Decision on objection
47 Record of decisions
48 Final list of electors
Division 4 Register of electors
49 Register of electors
50 Extracts from register
51 Elector identification system
52 Notification of death of potential elector
Division 5 Pre-registration of young persons
53 Entitlement to pre-registration
54 Applications and forms
55 Objections and inquiries
56 List of pre-registered electors
57 Transfer to final list of electors
PART 5 CONDUCT OF ELECTIONS
Division 1 Key dates in the conduct of an election
58 Election date
59 Nomination period and place
60 Notices of election date and nomination period
61 Power to defer part of an election
62 Campaign period
Division 2 Candidates for election
63 Nomination of candidate
64 Validity of nomination
65 Candidate representing political party
66 Withdrawal of nomination
67 Death of candidate
68 Polling and counting agents
69 Campaign expenses
Division 3 Arrangements for voting
70 When voting must take place
71 Arrangements for voting
72 Notice of election
73 Form of ballot paper
74 Ballot paper draw
75 Photographs and symbols on ballot paper
76 Ballot boxes
77 Display of candidates’ names, photographs and symbols
78 Arrangements for persons with disabilities
Division 4 Voting
Subdivision 1 Voting generally
79 Hours of voting
80 Persons entitled to be in polling stations
81 Ballot paper account
82 Official mark
83 Issuing ballot papers
84 Recording of votes generally
85 Recording of votes by electors with disabilities
86 Remote voting
87 Spoilt ballot papers
88 Tendered ballot papers
89 Conduct in polling stations
90 Complaints during voting
91 Protested and invalidated votes
92 Presiding officer's functions at close of voting
Subdivision 2 Pre-poll voting
93 Appointment of date and officials for pre-poll voting
94 Electors eligible for pre-poll voting
95 Application for pre-poll voting
96 Polling agents
97 Conduct of pre-poll voting
PART 6 COUNTING OF VOTES
98 Place and time of count
99 Persons who may be present during counting
100 Verification of ballot papers
101 Invalid ballot papers
102 Counting of votes
103 Equality of votes
104 Complaints during counting process
PART 7 RESULTS OF ELECTIONS
105 Unopposed candidates
106 Declaration and notification of elected candidate
107 Publication of election results
PART 8 PETITIONS RELATING TO ELECTIONS AND MEMBERS OF PARLIAMENT
108 Election petition
109 Status petition
110 Vacancy petition
111 Procedures and rules for petitions
112 Non-compliance with this Act
PART 9 OFFENCES
113 Misleading information or document
114 Confidentiality of information
115 Protection of register
116 Duty of employers to release electors
117 Failure to comply with direction or requirement
118 Obstructing or threatening an electoral official
119 Impersonating an electoral official
120 Fraudulent voting
121 Interfering with voting
122 Interfering with ballot papers and ballot boxes
123 Display, publication and distribution of false material
124 Engaging in campaign activity outside campaign period
125 Campaign expenses and donations
126 Election bribery
127 Undue influence
128 Inciting election boycott
129 Effect of certain offences
PART 10 MISCELLANEOUS PROVISIONS
130 Power to correct errors
131 Delegation of powers and functions
132 Requirements for publication of notices
133 Forms
134 Custody of election documents
135 Protection from liability
136 Regulations
PART 11 REPEALS, TRANSITIONAL MATTERS AND CONSEQUENTIAL AMENDMENTS
Division 1 Repeals and transitional matters
137 Definitions
138 Repeal
139 Continuation of subsidiary legislation
140 Continuation of staff
141 Continuation of register
141A Use of symbols for 2019 election
142 Transitional regulations
Division 2 Consequential amendments
143 Amendment of Political Parties Integrity Act 2014
144 Amendment of Honiara City Act 1999
145 Amendment of Provincial Government Act 1997
146 Amendment of Public Holidays Act (Cap. 151)
SCHEDULE 1
SCHEDULE 2
PART 1 PRELIMINARY MATTERS
This Act may be cited as the Electoral Act 2018.
This Act commences on the date or different dates appointed by the Minister by notice in the Gazette.
In this Act:
“approved form” means a form approved under section 133(2);
“assistant registration officer” means a person appointed as such under section 23;
“assistant returning officer” means a person appointed as such under section 26;
“assistant revising officer” means a person appointed as such under section 24;
“ballot paper account” has the meaning given in section 81;
“campaign activity” has the meaning given in section 5;
“candidate” means a candidate for election;
“CEO” means the Chief Electoral Officer appointed under section 57A of the Constitution;
“Commission” means the Electoral Commission established by section 57 of the Constitution;
“committee” means a committee appointed under section 15;
“constituency” has the meaning given in section 10;
“correctional centre” means a correctional centre established under the Correctional Services Act 2007;
“count” means the counting of votes in an election under Part 6;
“counting agent” means a person appointed as such under section 68 ;
“counting centre” means a place fixed for the counting of votes under section 98;
“Court” means the High Court;
“days” means consecutive days;
“election” means:
(a) an election for one or more members of Parliament; and
(b) includes the nomination of candidates, the voting and the counting of votes;
“election date” means the date appointed for an election under section 58;
“election manager” means a person appointed as such under section 25;
“election petition” has the meaning given in section 108;
“elector” means a person registered as an elector under Part 4;
“Electoral Office” means the Electoral Office established by section 18;
“electoral official” means any of the following:
(a) a person appointed under Part 3, Division 4;
(b) the Commission and the CEO;
(c) a staff member carrying out the functions or powers of an electoral official under a delegation;
“eligible elector”, in relation to pre-poll voting, has the meaning given in section 94;
“entitled person”, in relation to a constituency, means a person entitled to be registered as an elector in the constituency under section 55 of the Constitution;
“final list of electors” means a final list of electors for a constituency approved under section 48;
“general election” means an election held following a dissolution of Parliament;
“identification number” means the number assigned to an elector by the Commission and recorded on the register of electors under section 49;
“independent candidate” means a candidate who does not represent a political party;
“inquiry period” has the meaning given in section 43(1);
“invalid ballot paper” means a ballot paper that is invalid under section 101;
“invalidated votes list” has the meaning given in section 91(4);
“nomination” means the nomination of a person to stand as a candidate in an election;
“nomination period”, for an election, means the period mentioned in section 59(1) for nominating candidates for election;
“nomination place”, for a constituency, means a place declared as such under section 59(2);
“nominator” means an elector who nominates a candidate for election under section 63;
“notice of election” means a notice of election published under section 72;
“objection” means an objection made under section 37, 38 or 39 to the inclusion or omission of a person on or from a provisional list of electors;
“objection period” has the meaning given in section 36;
“Office” means the Electoral Office;
“official mark” means a mark mentioned in section 82;
“ordinarily resident”, in a constituency, has the meaning given in section 4;
“political party” means a political party registered under the Political Parties Integrity Act 2014;
“polling agent” means a person appointed as such under section 68;
“polling assistant” means a person appointed as such under section 27;
“polling day”, for an election, means the election date;
“pre-poll voting” means voting held under Part 5, Division 4, Subdivision 2;
“pre-poll voting place” has the meaning given in section 93;
“pre-poll presiding officer” has the meaning given in section 93;
“presiding officer” means a person appointed as such under section 27;
“protested votes list” has the meaning given in section 91(3);
“province” includes Honiara City;
“Provincial Assembly”:
(a) means a Provincial Assembly established by the Provincial Government Act 1997; and
(b) includes the Honiara City Council established by the Honiara City Act 1999;
“provisional list of electors”, for a constituency, has the meaning given in section 35(1);
“public inquiry” means a public inquiry into an objection;
“register of electors” means the register of electors mentioned in section 49;
“Registrar” means the Registrar of Political Parties within the meaning of the Political Parties Integrity Act 2014;
“registration” means registration as an elector;
“registration centre” means a place declared as such under section 31;
“registration manager” means a person appointed as such under section 22;
“registration officer” means a person appointed as such under section 23;
“registration period” means a period for the registration of electors set under section 31;
“returning officer” means a person appointed as such under section 26;
“revising officer” means a person appointed as such under section 24;
“spoilt ballot paper” means a ballot paper cancelled under section 87;
“staff member” means staff member of the Electoral Office;
“status petition” has the meaning given in section 109;
“tendered ballot paper” means a ballot paper mentioned in section 88;
“tendered votes list” has the meaning given in section 88;
“vacancy petition” has the meaning given in section 110;
“voter” means an elector voting at an election.
(1) For section 55(2)(b) of the Constitution, a person is “ordinarily resident” in a constituency if:
(a) the person has been continuously residing in the constituency for at least 6 months; or
(b) the person is taken to have been residing in the constituency under subsection (2).
(2) A person is taken to have been residing in a constituency even if the person is not residing in the constituency if the person is entitled to be or is a member of a group, tribe or line indigenous to the constituency.
(3) For subsection (1)(a):
(a) a person resides at a place if the person has chosen to make the place his or her usual place of residence; and
(b) a person’s usual place of residence is not affected only by temporary absences from the place, even if an absence involves occasional or regular residence at another place; and
(c) a person is not taken to be residing in a place only because the person owns a dwelling at the place.
(1) A “campaign activity” is any activity that is intended, calculated or likely to:
(a) affect the result of an election; or
(b) influence an elector in relation to the casting of his or her vote at an election.
(2) Without limiting subsection (1), a campaign activity may be any of the following:
(a) conducting a demonstration or procession;
(b) making or publishing a statement, speech or advertisement;
(c) conducting a public opinion poll;
(d) distributing anything (including a document that imitates a ballot paper) that has on it:
(i) the names of candidates and any direction or indication as to the candidate a person should vote for; or
(ii) anything else intended, calculated or likely to influence a person’s vote;
(e) displaying the name of a candidate or political party, emblem, slogan, logo or symbol;
(f) distributing ribbons, streamers, rosettes, or items of a similar nature in a candidate’s or political party’s colours;
(g) making oral representations to a person.
(3) However, the following are not campaign activities:
(a) broadcasting or publishing an advertisement as a community service, other than an advertisement broadcast or published by or on behalf of a candidate or political party;
(b) broadcasting or publishing news in relation to an election by a news organisation.
PART 2 ELECTORAL SYSTEM, RIGHTS AND CONSTITUENCIES
The first-past-the-post voting system applies in Solomon Islands.
A person is entitled to be registered as an elector in a constituency if the person:
(a) is entitled to be registered under section 55(1) of the Constitution; and
(b) is not disqualified from being registered as such under section 55(2) or (3) of the Constitution.
Note
Under section 55(1) of the Constitution, a person is entitled to be registered if the person is a citizen of Solomon Islands who is at least 18 years of age. However, section 55(2) and (3) limit the entitlement to registration.
Section 55(2) stipulates that a person cannot be registered in more than one constituency, and cannot be registered in any constituency in which the person is not ordinarily resident. In addition, there are circumstances outlined in section 55(3) in which a person will be disqualified from registration entirely, mostly related to criminal offences and sentences.
A person is qualified to be a candidate for election as a member of Parliament if the person:
(a) is qualified for election under section 48 of the Constitution; and
(b) is not disqualified for election under section 49 of the Constitution.
Note
Under section 48 of the Constitution, a person is qualified for election if the person is a citizen of Solomon Islands who is at least 21 years of age. However, section 49 outlines a range of disqualifying factors.
An elector has the right to vote in an election in accordance with section 56(1) of the Constitution.
Note
Section 56(1) of the Constitution outlines the circumstances in which a person is prevented from voting, mostly related to criminal offences and sentences. In addition, section 56(2) prevents a person from voting at an election in a constituency in which the person is not registered.
(1) A “constituency” is an electoral constituency approved by Parliament (on the recommendation of the Constituency Boundaries Commission) by resolution under section 54 of the Constitution.
(2) For information purposes, the constituencies approved by Parliament are set out in Schedule 1.
(3) The Commission may amend Schedule 1 by regulation to reflect any changes to the list of constituencies approved by Parliament.
Division 1 Electoral Commission
The functions and powers of the Commission are as follows:
(a) its functions and powers under section 58 of the Constitution;
(b) [paragraph deleted in Committee]
(c) to promote public awareness of this Act, including conducting education and information programmes;
(d) to initiate, sponsor, and carry out study or research necessary for the performance of its functions and the exercise of its powers;
(e) to supervise the registration of electors and the conduct of elections;
(f) any other functions or powers specified in this Act or any other written law.
Note
The Electoral Commission is established by and appointed under section 57 of the Constitution.
Under section 137(4) of the Constitution, the Commission is not subject to the direction or control of any other person or authority, except where otherwise provided by the Constitution.
The Commission must carry out the registration of electors and the conduct of elections for Provincial Assemblies.
The members of the Commission may elect a member (other than the CEO) to be the Deputy Chairperson.
Note
The Chairperson of the Commission is appointed under section 57 of the Constitution.
The procedures for meetings of the Commission are as follows:
(a) the Chairperson of the Commission convenes and chairs meetings;
(b) the Deputy Chairperson convenes and chairs meetings if the Chairperson is absent;
(c) if, for any reason, the Chairperson and the Deputy Chairperson are absent from a meeting, the members present may elect one of them (other than the CEO) to chair the meeting;
(d) a quorum for a meeting is 2 members;
(e) the chair of the meeting has a deliberative vote and, if the votes are equal, has a casting vote;
(f) the Commission may determine any other meeting procedures.
(1) The Commission may appoint committees for the purpose of advising the Commission in the exercise of its powers and the performance of its functions.
(2) A committee is subject to the directions of the Commission.
(3) A member of the Commission may be appointed to a committee.
(4) The Commission may determine the functions of a committee, which may include advising the Commission in relation to any of the following:
(a) the registration of electors and the conduct of elections generally;
(b) ensuring that appropriate funding is provided to register electors and conduct elections;
(c) coordinating plans and resources provided by government agencies for the registration of electors and the conduct of elections;
(d) initiating and adopting of policies that would:
(i) result in an integrated approach towards assisting the Office during the registration of electors and the conduct of elections; or
(ii) encourage cooperation and sharing of Government resources, including to help provincial governments in the registration of electors and the conduct of elections;
(e) building networks and partnerships with non-governmental organisations, civil society groups and the private sector to help in the registration of electors and the conduct of elections;
(f) any other matter the Commission requires assistance with.
(5) A committee may co-opt additional members.
Division 2 Chief Electoral Officer
The functions and powers of the CEO are as follows:
(a) to manage the Commission in the performance of its functions and the exercise of its powers;
(b) to manage the Office, its staff members and electoral officials;
(c) to develop and formulate policies on the conduct of elections for consideration by the Commission and the Government;
(d) any other function or power specified in this Act or any other written law.
Note
The CEO is appointed under section 57A of the Constitution.
In carrying out his or her powers and functions, the CEO:
(a) must act impartially and in accordance with the law; and
(b) is not subject to the direction or control of any other person, except policy directions of the Commission.
(1) The Electoral Office is established.
(2) The functions of the Office are:
(a) to provide the administrative and logistical framework for the registration of electors and the conduct of elections; and
(b) to be the secretariat for the Commission; and
(c) any other function specified in this Act or any other written law.
(1) The Public Service Commission may, in consultation with the CEO, appoint the staff members of the Office.
(2) The staff members of the Office are public officers subject to the directions of the CEO in the performance of their functions.
For the purposes of the Public Financial Management Act 2013:
(a) the Office is taken to be a Government agency, with a head of revenue and expenditure in the national budget prepared in accordance with that Act; and
(b) the CEO is the accountable officer for the Commission, as the person in charge of the day to day operations of the Office.
(1) The CEO must prepare and give to the Minister and the Speaker of Parliament a report on the performance of the Office’s functions during each financial year, including the following:
(a) a report on the activities of the Office during the year;
(b) the Office’s accounts for the financial year, as prepared in accordance with the requirements of the Public Financial Management Act 2013.
(2) The report must be given to the Minister by 31 March following the end of the financial year.
(3) The Minister must table a copy of the report in Parliament within 12 sitting days after the Minister receives it.
Division 4 Electoral officials
(1) The CEO may, during a registration period, appoint a person to be the registration manager for a province.
(2) The function of the registration manager is to coordinate registration of electors in all the constituencies in that province.
(3) A registration manager is subject to the directions of the CEO.
(1) Subject to section 24A, the CEO may appoint a person to be the registration officer for a constituency.
(2) The function of the registration officer is to register electors in the constituency.
(3) A registration officer is subject to the general directions of the CEO, but is not subject to any direction in relation to a decision on an application for registration.
(4) Subject to section 24A, a registration officer may, with the approval of the CEO, appoint assistant registration officers.
(5) The function of assistant registration officers is to assist in the registration of electors.
(6) Assistant registration officers are subject to the directions of the appointing registration officer.
(1) Subject to section 24A, the CEO may appoint a person to be the revising officer for a constituency.
(2) The function of the revising officer is to deal with objections to the inclusion or omission of persons on or from lists of electors in the constituency.
(3) A revising officer is subject to the general directions of the CEO, but is not subject to any direction in relation to a decision on an objection.
(4) Subject to section 24A, a revising officer may, with the approval of the CEO, appoint assistant revising officers.
(5) The function of an assistant revising officer is to assist the revising officer in his or her functions.
(6) Assistant revising officers are subject to the directions of the appointing revising officer.
24A Restrictions on appointments
(1) The powers of appointment in sections 2324 are subject to the requirements of this section.
(2) A person cannot hold the following positions at the same time:
(a) registration officer and revising officer;
(b) registration officer and assistant revising officer;
(c) revising officer and assistant registration officer.
(3) In addition, a person is not eligible to be appointed as a revising officer or an assistant revising officer for a constituency if the person has held the position of registration officer for the constituency at any time in the 5 year period immediately before the appointment.
(1) The CEO may appoint a person to be the election manager for a province.
(2) The function of the election manager is to coordinate elections in all the constituencies in that province.
(3) An election manager is subject to the general directions of the CEO.
(1) The CEO may appoint a person to be the returning officer for a constituency.
(2) The function of the returning officer is to conduct elections in that constituency.
(3) A returning officer is subject to the general directions of the CEO, but is not subject to any direction in relation to:
(a) whether the nomination of a candidate is valid; or
(b) whether a ballot paper is valid.
(4) A returning officer may, with the approval of the CEO, appoint assistant returning officers.
(5) The function of an assistant returning officer is to assist the returning officer to conduct elections in the constituency.
(6) Assistant returning officers are subject to the directions of the appointing returning officer.
(1) The returning officer for a constituency may, with the approval of the CEO, appoint:
(a) a person to be the presiding officer for a polling station in the constituency; and
(b) polling assistants for the polling station.
(2) The function of a presiding officer is to manage the conduct of an election at the polling station.
(3) A presiding officer is subject to the general directions of the appointing returning officer.
(4) The function of a polling assistant is to assist the presiding officer to manage the conduct of the election at the polling station.
(5) Polling assistants are subject to the directions of the presiding officer.
(6) A presiding officer:
(a) may authorise a polling assistant to carry out at a polling station any function or power of the presiding officer under this Act; but
(b) must not authorise a polling assistant to carry out the power to order the removal of a person from the polling station.
Subdivision 2 Administrative matters
(1) A person with power to appoint an electoral official must:
(a) ensure that:
(i) the person appointed is suitably qualified or experienced for the position; and
(ii) the person appointed is a fit and proper person to carry out the functions and powers of the position; and
(iii) the person is appointed on merit; and
(iv) there is, as far as possible, a gender balance at all levels of electoral officials; and
(b) give the person appointed a signed letter of appointment specifying their duties.
(2) An electoral official must show his or her letter of appointment if requested by a person.
(3) The CEO must publish notice of each appointment in the Gazette.
(4) However, the validity of an appointment is not affected only because notice of the appointment is not published in the Gazette.
An electoral official is entitled to the remuneration fixed by the Commission after consulting the Permanent Secretary responsible for finance.
(1) Any of the following persons (the “complainant”) may lodge a written complaint with the Commission against a decision, action or inaction of an electoral official (the “respondent”) in relation to the person:
(a) a political party; or
(b) a candidate; or
(c) a person seeking to be nominated as a candidate.
(2) The complaint must:
(a) set out the decision, action or inaction and the alleged facts; and
(b) be lodged within 2 days after the complainant becomes aware of the decision, action or inaction; and
(c) include the name, position, political party (if any), and contact information of the complainant.
(3) The Commission must:
(a) record the complaint in a register of complaints; and
(b) give the complainant and the respondent a fair hearing; and
(c) decide the complaint:
(i) if the complaint relates to a decision that a nomination is invalid under section 64 – within 24 hours after receiving it; or
(ii) if the complaint relates to any other matter – within 3 days after receiving it; and
(d) give its decision in writing to the complainant and the respondent, including the relevant facts and reasons for the decision.
(4) Despite section 14(d), the Commission may be represented by a panel of at least 2 members to hear and decide the complaint.
(5) In deciding the complaint, the Commission may:
(a) reverse, alter or amend the decision, action or inaction; and
(b) order any decision or inaction to be taken or action to cease.
(6) A complaint that could be dealt with under section 90 or 104 must first be exhausted under that section before the complaint can be pursued again under this section.
PART 4 REGISTRATION OF ELECTORS
Division 1 Preparation for registration
(1) The Commission must set a period for the registration of electors:
(a) before each general election; and
(b) at any other time it considers appropriate.
(2) The Commission may extend a registration period at any time before it ends.
(3) During a registration period, the Commission must declare places to be registration centres where electors can register in person.
(4) The Commission may declare a place outside a constituency to be a registration centre for the constituency, provided there is also at least one registration centre in the constituency.
(5) A registration centre may be for registration of electors from one or more constituencies.
(6) The Commission may declare a part of a correctional centre to be a registration centre for one or more constituencies.
Note
Section 55(3)(a) of the Constitution limits the circumstances in which a person who is serving a sentence of imprisonment is entitled to register as an elector.
(1) The registration officer for a constituency must publish notice of the registration period and centres for the constituency.
(2) The notice must:
(a) be published as soon as possible after the Commission appoints the registration period; and
(b) state the registration period; and
(c) list the registration centres for the constituency; and
(d) specify that an entitled person who is not already an elector may be registered as an elector during the registration period.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
Division 2 Registration and changes to registration
(1) A person may apply for registration during a registration period.
(2) The application:
(a) must be made in Form 1 to the registration officer for the constituency in which the person seeks to be registered; and
(b) may be made:
(i) personally at a registration centre for the constituency; or
(ii) in another way permitted by the regulations; and
(c) must be accompanied by the evidence prescribed by regulation of the person’s qualifications for registration in the constituency and identity.
(3) The registration officer for the constituency must:
(a) approve the application if satisfied:
(i) of the applicant’s identity; and
(ii) that the applicant is an entitled person in relation to the constituency; or
(b) otherwise, refuse the application.
(4) If the officer approves the application, the officer must give the Commission the applicant's completed application form, endorsed as approved by the officer.
(1) An elector may apply to the registration officer for a constituency during a registration period:
(a) for the elector’s registration to be transferred to the constituency from another constituency; or
(b) to amend any of the elector’s details recorded in the register of electors.
(2) The application must be:
(a) made in the approved form; and
(b) accompanied by evidence sufficient to support the application.
(3) The registration officer must:
(a) approve an application:
(i) under subsection (1)(a) – if satisfied that the applicant is an entitled person in relation to the other constituency; or
(ii) under subsection (1)(b) – if satisfied that the changed detail is correct; or
(b) otherwise, refuse the application.
(1) The Commission must, within 40 days after the end of the registration period, make an alphabetical list for each constituency (a “provisional list of electors”) consisting of the following:
(a) the name of each person whose application for registration in the constituency was approved under section 33 during the registration period;
(b) the name of each person whose application for transfer of registration to the constituency was approved under section 34;
(c) the name of each person who was already registered in the constituency before the registration period.
(2) In preparing the list, the Commission may correct any duplications in registration that appear to have been made by mistake.
(3) As soon as practicable after a list is made, the Commission must give a copy of the list to the registration officer and the revising officer for the constituency.
(4) The registration officer must publish the list within:
(a) 14 days after the officer receives it; or
(b) the alternative period set by the Commission.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
Division 3 Objections in relation to provisional list of electors
Subdivision 1 Making an objection
(1) The “objection period” is the period set by the Commission within which objections may be made in relation to a provisional list of electors.
(2) The Commission must:
(a) set an objection period of at least 10 days beginning no earlier than the date the list is published; and
(b) must publish notice of the objection period before the period begins.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
(3) The Commission may extend the objection period.
A person may object to the omission of their name from a provisional list of electors for a constituency if:
(a) the person applied during the registration period for:
(i) registration in the constituency; or
(ii) transfer of their registration from another constituency to the constituency; and
(b) the person’s name is not on the provisional list of electors for the constituency.
An elector may object to the inclusion of a person on a provisional list of electors for a constituency on the basis that the other person:
(a) is not an entitled person in relation to the constituency; or
(b) is registered in another constituency; or
(c) has died.
The Commission must object to the inclusion of a person on a provisional list of electors for a constituency if, when making the list, the Commission considers that the person:
(a) is not an entitled person in relation to the constituency; or
(b) is currently registered in another constituency; or
(c) has died.
An objection must be made:
(a) in the approved form, to the registration officer for the constituency; and
(b) before the end of the objection period.
(1) A registration officer who does not receive any objections in relation to a provisional list of electors by the end of the objection period must notify the Commission.
(2) A registration officer who receives one or more objections in relation to a provisional list of electors must:
(a) within 4 days after the end of the objection period, send to the revising officer for the constituency each objection received; and
(b) within 10 days after the end of the objection period, publish:
(i) a list of each objection received; and
(ii) the name of the person who made the objection.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
(3) The registration officer must make all reasonable attempts to give the person who is the subject of the objection notice of the objection.
Subdivision 2 Dealing with objections
An objection must be dealt with by way of a public inquiry to determine whether the objection is upheld.
(1) The Commission must set a period of at least 10 days within which a public inquiry is to be held (the “inquiry period”).
(2) The inquiry must be conducted by:
(a) the revising officer for the relevant constituency; or
(b) if the revising officer is unable to conduct it, an assistant revising officer for the constituency.
(3) The officer conducting the inquiry may determine:
(a) the place the inquiry is to be held, which must be within the constituency; and
(b) the date and time at which the inquiry will be held, which must be within the inquiry period.
(4) At least 4 days before the date of the inquiry, the officer must:
(a) publish notice of the place, date and time of the inquiry; and
(b) give written notice of the place, date and time of the inquiry to:
(i) the person (which may be the Commission) who made the objection; and
(ii) in the case of an objection to the inclusion of a person’s name on a provisional list of electors – that person.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
. (5) The officer may adjourn the inquiry from time to time and change its location, provided that:
(a) the inquiry is completed within the inquiry period; and
(b) at least 4 days before each hearing of the inquiry, the officer publishes and gives notice of the location and time of the hearing in accordance with subsection (4).
In conducting the inquiry, the officer may do any of the following:
(a) summon a person to appear and give evidence or to produce a document to the inquiry;
(b) require a person at the inquiry to give any information the officer considers necessary for the purpose of the inquiry;
(c) administer oaths and take evidence on oath.
(1) Any member of the public may attend a hearing of a public inquiry.
(2) The following persons are entitled to appear at and present oral or written evidence to a public inquiry:
(a) the person (which may be the Commission) who made the objection;
(b) in the case of an objection to the inclusion of a person’s name on a provisional list of electors – that person;
(c) a representative of a person mentioned in paragraph (a) or (b).
(1) The officer conducting a public inquiry must consider the evidence presented at the inquiry before making a decision on the objection.
(2) In the case of an objection to the omission of a person’s name from a provisional list of electors list, the officer must:
(a) if the officer is satisfied on the evidence that the person is entitled to be included on the list – order that the person’s name be inserted on the list; or
(b) otherwise – dismiss the objection.
(3) In the case of an objection to the inclusion of a person’s name on a provisional list of electors, the officer must:
(a) if the officer is satisfied on the evidence that the person is not entitled to be included on the list – order that the person’s name be deleted from the list; or
(b) otherwise – dismiss the objection.
(4) The officer may order a person to pay costs of the inquiry or of witnesses if:
(a) the officer dismisses the objection; and
(b) the officer considers that the objection was frivolous or vexatious.
(5) An order made under subsection (4) is taken to be an order of a Magistrates’ Court for the purpose of its execution.
The officer who conducts a public inquiry must, as soon as practicable after the inquiry is concluded:
(a) record the officer’s decision (including reasons for it) in the approved form; and
(b) send the Commission the record of the decision and the notice of objection to which the decision relates.
(1) The Commission must, as soon as reasonable practicable after receiving the record of a decision ordering the amendment of a provisional list of electors, amend the list in accordance with the order.
(2) The Commission must approve a final list of electors for a constituency as soon as practicable:
(a) after receiving notice under section 41 that no objections were made in relation to the provisional list of electors for the constituency; or
(b) if one or more objections were made – after receiving the record of decision on each objection and, if necessary, amending the provisional list of electors accordingly.
Division 4 Register of electors
(1) The register of electors is constituted by the final lists of electors for each constituency.
(2) The register of electors is evidence of whether a person is entitled to vote at an election in the absence of evidence to the contrary.
(3) The Commission must keep the register of electors in the form it approves, which may be electronic.
(4) The Commission must assign a unique identification number to each person on the register, and record that number with the person’s name.
(1) The CEO may, on written request and on payment of the prescribed fee, give a political party or candidate a list of electors for the constituency for which the candidate or party’s candidate is seeking election.
(2) The list of electors:
(a) must only contain the names of electors and the polling stations to which they have been assigned; and
(b) must not include any other personal information relating to an elector, including their residential address, finger print, photograph or date of birth.
(1) The Commission may establish any of the following identification systems for verifying the identity of electors:
(a) a manual or electronic finger printing system;
(b) identification cards with photographic images;
(c) photographic images inserted into the register of electors;
(d) any other system that is computerised, photographic or electronic.
(2) The Commission may require electors to allow authorised electoral officials to take finger prints, photographs and other identification data for the purpose of an identification system.
(3) The photograph of the face of an elector must:
(a) show a close up of the face and top of the shoulders of the elector; and
(b) clearly show the elector’s facial features from the tip of the chin to the uncovered crown of the head, including the left and right sides of the face.
(4) The Commission may require an elector to take a new photograph every 10 years.
(1) The Registrar of Births and Deaths must notify the CEO in writing if the death of a person over the age of 18 years is registered under the Births and Deaths (Registration) Act (Cap. 168), within 14 days after the death is registered.
(2) The Commission must delete the person’s name from the register.
Division 5 Pre-registration of young persons
A person is entitled to be pre-registered as an elector in a constituency if the person:
(a) is 17 years of age (a “young person”); and
(b) would, if the person were 18 years of age or over, be entitled to be registered in that constituency.
(1) A young person may apply, during a registration period, to be pre-registered as an elector.
(2) The application must be made and dealt with under Division 2 as if it were an application for registration.
(3) A provisional list of pre-registered electors must be published under section 35 as if it were a provisional list of electors.
An objection in relation to a provisional list of pre-registered electors may be made and dealt with under Division 3 as if it were an objection in relation to a provisional list of electors.
The Commission must approve a final list of pre-registered electors for each constituency under section 48 as if it were a final list of electors.
The CEO must transfer the name of a young person from a list of pre-registered electors for a constituency to the final list of electors for the constituency:
(a) when the person turns 18 years of age; or
(b) if the young person will turn 18 years of age after the end of a registration period but on or before an election date – when the final list of electors is prepared for the purpose of that election.
PART 5 CONDUCT OF ELECTIONS
Division 1 Key dates in the conduct of an election
(1) The date for a general election is appointed by the Governor-General by proclamation under section 74 of the Constitution.
Note
Under section 74 of the Constitution, the date set must be within 4 months after Parliament is dissolved.
(2) For any other election, the Governor-General must, by Gazette notice, appoint an election date.
(3) The proclamation or notice setting an election date must be published at least 56 days before the election date.
(1) The period during which nominations of candidates for election must be made:
(a) begins the day after an election date has been set; and
(b) ends 42 days before the election date.
(2) The Commission must, by Gazette notice, declare places to be nomination places where nominations can be made in person.
(3) The Commission may declare a place outside a constituency to be a nomination place for the constituency, provided there is also at least one nomination place in the constituency.
(1) The returning officer for a constituency must publish a notice stating:
(a) the election date and hours of voting; and
(b) the nomination period and each nomination place for the constituency; and
(c) the place at which, and the time by which a candidate may withdraw his or her nomination.
(2) The returning officer must publish the notice as soon as possible, but within 7 days after the election date is appointed.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
(1) This section applies if the Commission is satisfied that, because of any unforeseen natural or man-made reason, it is not or will not be reasonably possible to:
(a) conduct an election in all or part of a constituency in accordance with a date set under section 58 or 59; or
(b) complete the counting of votes immediately following an election.
Example
An unforeseen natural cause may be a natural disaster such as a flood or storm. An unforeseen man-made cause may be a civil disturbance.
(2) The Commission may do any of the following:
(a) advise the Governor-General to appoint a new election date;
(b) set a new date for the last day of the nomination period;
(c) if an election has taken place – direct that the counting of votes be deferred or suspended to a later specified date.
(3) A date set under subsection (2)(a) or (b):
(a) must be within 14 days after the date originally set; and
(b) is taken to be the date set under section 58 or 59 (as the case may be).
The campaign period for an election begins on the date of publication of the election date and ends 24 hours before the election date.
Division 2 Candidates for election
(1) A person who wishes to stand as a candidate for election in a constituency must be nominated by 3 electors who are registered in and reside in the constituency at the time of the nomination.
(2) The nomination must:
(a) be made in Form 2 to the returning officer for the constituency; and
(b) be made personally at a nomination place in the constituency and
(c) be made within the nomination period; and
(d) be accompanied by a nomination fee of $5000; and
(e) for the candidate of a political party – meet the requirements of section 65.
(3) A person may only be nominated as a candidate in one constituency, and an elector may only nominate one candidate.
(4) If an elector nominates more than one candidate:
(a) the elector’s first nomination is valid; and
(b) the elector’s second or subsequent nomination is void.
(1) The returning officer for a constituency must decide whether a nomination received for the constituency is valid:
(a) if the nomination is received at least 24 hours before the end of the nomination period – as soon as possible after the nomination is received; or
(b) otherwise – within 24 hours after the end of the nomination period.
(2) The returning officer may decide that a nomination is invalid on one or more of the following grounds:
(a) that the proposed candidate:
(i) is not qualified for election under section 48 of the Constitution; or
(ii) is disqualified from election under section 49 of the Constitution; or
(iii) is already nominated in another constituency;
(b) that the nomination was not made in accordance with the requirements of section 63;
(c) that any of the nominators are not eligible to nominate the proposed candidate.
(3) If the returning officer decides that the nomination of a person is invalid:
(a) the officer must:
(i) record the decision and the reasons for it on the nomination form; and
(ii) give the person or any of the person’s nominators a copy of the form with the decision recorded as soon as possible; and
(b) the person may be nominated again within the nomination period; and
(c) the person, or the political party the person represents, may lodge a complaint about the decision under section 30.
(1) A candidate representing a political party must:
(a) be a registered member of the political party under the Political Parties Integrity Act 2014; and
(b) together with his or her nomination form, give the returning officer a certificate signed by the Registrar certifying that the candidate:
(i) is a registered member of the political party; and
(ii) is a candidate of the political party at the election.
(2) The nomination of a candidate representing a political party cannot be amended to change the status of the candidate so that the candidate is an independent candidate or represents another political party.
(3) However, the candidate may withdraw his or her nomination and be nominated again under a different status during the nomination period.
(1) A candidate may withdraw his or her nomination by written notice to the returning officer signed by the candidate (a “notice of withdrawal”).
(2) The candidate must give the notice to the returning officer within 48 hours after the end of the nomination period.
(3) The withdrawal takes effect when the notice is received by the returning officer.
(4) However, a notice of withdrawal is not effective:
(a) if it reduces the number of candidates in a constituency to zero; or
(b) if:
(i) the notice is one of 2 or more notices of withdrawal that together reduce the number of candidates in a constituency to zero; and
(ii) either:
(A) the notices were received at the same time; or
(B) it is impossible to determine which of the notices was received first.
(5) An assistant returning officer residing within the constituency for which the candidate has been nominated:
(a) may accept a notice of withdrawal if the officer is satisfied that difficulty of communication will prevent the notice of withdrawal being given to the returning officer within 48 hours after the end of the nomination period; and
(b) must, as soon as possible, inform the returning officer of the notice of withdrawal.
(1) This section applies if a candidate dies:
(a) after the end of the nomination period; and
(b) before polling day.
(2) The returning officer for the constituency must report the death to the Commission.
(3) The Commission must request the Governor-General to cancel the election and appoint a new election date for the constituency.
(4) The process under this Part for the conduct of the election begins again, with a reduced nomination period set by the Commission.
(5) However, a new nomination is not required for a candidate whose nomination was valid at the time of the cancellation of the election.
(1) A candidate may, not later than 10 days before polling day, appoint:
(a) up to 2 persons to be the candidate’s polling agents for each polling station; and
(b) up to 2 persons to be the candidate’s counting agents for each counting centre.
(2) The appointment is not effective until the candidate has given the returning officer for the constituency written notice of the appointment, stating:
(a) the name and address of each polling agent and their assigned polling station; and
(b) the name and address of each counting agent.
(3) The function of a polling agent is to observe the election process in a polling station in the candidate’s constituency.
(4) The function of a counting agent is to observe the counting of votes in the candidate’s constituency.
(5) Only one polling agent for a candidate is permitted in a polling station at any time.
(6) Only one counting agent for a candidate is permitted in a counting centre at any time.
(7) The returning officer for a constituency must:
(a) before polling begins, give each presiding officer for a polling station in the constituency the name of each polling agent assigned to the polling station; and
(b) before counting of votes begins, give the assistant returning officer responsible for a counting centre for the constituency the names of each counting agent.
(1) Within 90 days after the publication of an election result under section 107, a candidate in the election must submit to the CEO a statement of account specifying:
(a) all expenses incurred by the candidate in relation to the candidate’s campaign for election; and
(b) the source of all funds (including the amount received from each source) used to meet those expenses.
(2) The regulations may make provision for the preparation and content of the statement of account.
Division 3 Arrangements for voting
Voting must take place for an election in a constituency if more than one candidate is nominated in the constituency.
The returning officer for a constituency must:
(a) ensure a sufficient number of polling stations are provided in the constituency; and
(b) ensure that a list of electors assigned to vote at each polling station is prepared and endorsed by the CEO; and
(c) provide each presiding officer with sufficient numbers of ballot papers with counterfoils; and
(d) ensure each polling station has:
(i) polling booths for recording votes; and
(ii) a way for voters to mark ballot papers; and
(iii) copies of the register of electors that contains the list of electors assigned to vote at the polling station; and
(e) do anything else necessary for the proper conduct of the election.
(1) The returning officer for a constituency must publish a notice of election in the constituency at least 14 days before the election date.
(2) The notice must state the following:
(a) the polling date and the hours for voting;
(b) the full name and address of each candidate and his or her nominators;
(c) a photograph of the face of each candidate and the symbol (if any) allocated to each candidate on the ballot paper;
(d) the location of each polling station;
(e) a list of the electors assigned to vote at each polling station (as endorsed by the CEO under section 71(b)).
Note
See section 132 for requirements in relation to the publication of notices under this Act.
The ballot paper for an election must be in Form 3.
(1) The sequence in which the names of candidates in a constituency will appear on the ballot paper for that constituency must be decided in accordance with the procedures prescribed by regulation.
(2) On the day the nomination period closes, the returning officer for the constituency must publish a notice:
(a) fixing the place, date and time (which must not be later than 7 days after the nomination period ends) at which the sequence will be decided; and
(b) inviting any person who wishes to be present to attend.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
Alongside a candidate’s name, a ballot paper must include:
(a) a photograph of the candidate’s face; and
(b) if the candidate is an independent candidate who elects to be represented by a symbol – a symbol allocated by the returning officer for the constituency; and
(c) if the candidate is representing a political party – the party symbol registered under the Political Parties Integrity Act 2014.
Note
Section 141A modifies the application of this section for the 2019 general election only.
(1) The presiding officer at a polling station must ensure that the polling station has a sufficient number of ballot boxes.
(2) Immediately before the voting begins at the polling station, the presiding officer must:
(a) show the electors who are present an empty ballot box to be used when the voting begins, so that they may see that the box is empty; and
(b) then close, seal and secure the empty ballot box, in a way that will prevent the box being opened without breaking the seal.
(3) If the ballot box in use is full, the presiding officer must:
(a) securely seal it to prevent the addition of any ballot paper into it; and
(b) then follow the procedures in subsection (2) for the next ballot box to be used.
(4) The presiding officer must ensure that:
(a) only one ballot box is used at any given time; and
(b) each full and empty ballot box is placed conspicuously within the polling station in clear view of polling officials and other persons entitled to be in the polling station.
The presiding officer must display in a conspicuous place at the polling station, a list of the names of candidates along with their photographs and symbols (if any).
The returning officer must ensure that appropriate arrangements are made for electors with disabilities or other special needs to cast their votes, including by ensuring polling stations and polling booths are accessible.
Subdivision 1 Voting generally
(1) The hours of voting on polling day are from 7am to 5pm, subject to subsections (2) and (3).
(2) The Commission may approve other hours (on polling day) of voting for a constituency.
Note
See section 132 for requirements in relation to the publication of notices under this Act.
(3) If, at the end of the voting hours, an elector who has not voted is standing in the line to vote (even if the elector is outside the polling station in the line) or is inside the polling station, the presiding officer station must allow the elector to vote.
Only the following persons are entitled to be in a polling station during polling hours:
(a) any elector assigned to vote at the station under section 71(b);
(b) the returning officer and any assistant returning officer for the constituency;
(c) the presiding officer and any polling assistant for the polling station;
(d) a polling agent assigned to the polling station;
(e) a police officer on duty at the polling station;
(f) a person accredited by the Commission to monitor or observe the election;
(g) any other person who, in the presiding officer’s opinion, has lawful reason to be in the polling station.
The presiding officer for a polling station must:
(a) before voting begins, fill in an account in the approved form (a “ballot paper account”) recording:
(i) the total number of ballot papers at the station; and
(ii) the total number of tendered ballot papers at the station; and
(b) when the voting ends, complete the ballot paper account in accordance with section 92(3).
(1) The returning officer for a constituency must prepare a list of official marks that may be used to mark ballot papers before they are issued.
(2) The returning officer must give the list to the presiding officer for each polling station in the constituency.
(1) An elector must personally cast his or her vote at the polling station the elector is assigned to under section 71(b).
(2) Before giving a person a ballot paper, the presiding officer:
(a) must ask the person the following questions:
(i) “Are you the person whose name and photograph are on the register of electors as follows [reading out loud to the person the name of the elector on the register]?”;
(ii) “Have you already voted at this election?”; and
(b) must be satisfied of the following:
(i) that the person is an elector registered in the constituency who has been assigned to vote at the polling station under section 71(b);
(ii) of the identity person;
(iii) that the person has not already voted.
(3) Immediately after the process under subsection (2), the presiding officer or a polling assistant must:
(a) call out the name of the elector; and
(b) place a mark against the name of the elector on the register of electors; and
(c) subject to subsection (4), mark with indelible ink one finger on either of the elector’s hands; and
(d) mark the ballot paper with an official mark; and
(e) give the ballot paper to the elector and direct the elector to go to a polling booth.
(4) The presiding officer or polling assistant may dispense with the requirement under subsection (3)(c) if it is reasonably necessary to do so because the elector has a physical disability.
Subject to section 85, an elector who receives a ballot paper must:
(a) go immediately into a polling booth; and
(b) secretly record his or her vote on the ballot paper by placing one mark inside the square opposite the name of the candidate the elector wishes to vote for; and
(c) fold and insert the marked ballot paper into the ballot box before leaving the polling station.
If an elector is unable to cast his or her vote because of a physical disability, the presiding officer must, in the presence of the elector and a witness chosen by the elector:
(a) ask the elector the name of the candidate the elector wishes to vote for, and confirm the answer; and
(b) record the elector’s vote as required by section 84; and
(c) fold and insert the marked ballot paper into the ballot box.
The regulations may prescribe procedures for persons who are unable to attend a polling station for prescribed reasons to vote remotely.
(1) This section applies if an elector:
(a) accidentally deals with his or her ballot paper in a way that renders it invalid (“spoils” the ballot paper); and
(b) returns the ballot paper to the presiding officer; and
(c) satisfies the presiding officer that the ballot paper has been spoilt by accident.
(2) The presiding officer must:
(a) first, cancel and retain the spoilt ballot paper; and
(b) then, give the elector a new ballot paper.
(1) This section applies if an elector applies for a ballot paper after another person has voted under the same name.
(2) The presiding officer must give the elector a tendered ballot paper in accordance with the procedure specified in section 83.
(3) A tendered ballot paper must be of a colour different from a normal ballot paper.
(4) The presiding officer must enter the name of the elector on a list of electors who have been given tender ballot papers (the “tendered votes list”).
(5) The tendered votes list is admissible in a legal proceeding.
(1) The presiding officer at a polling station is responsible for keeping order at the polling station.
(2) The presiding officer may order that a person be removed from the polling station if the person:
(a) behaves in an disorderly manner or otherwise disrupts voting; or
(b) is not entitled to be in the polling station; or
(c) fails to obey an order of the presiding officer.
(3) A police officer or any other person authorised by the presiding officer may remove the person from the polling station.
(4) The person must not re-enter the polling station during polling day, unless permitted by the presiding officer.
(5) However, the powers in this section must not be exercised to prevent the casting of vote of an elector entitled to vote at that polling station unless the elector’s behaviour is so disorderly that allowing the elector would threaten the conduct of voting at the polling station.
(1) An elector or polling agent at a polling station may complain to the presiding officer during the hours of voting about:
(a) an alleged breach of a voting procedure at the polling station; or
(b) a person engaging in a campaign activity at or in the vicinity of the polling station; or
(c) interference with the rights of an elector or polling agent at the polling station.
(2) The presiding officer must:
(a) record the complaint in the approved form; and
(b) immediately decide the complaint; and
(c) record the decision, including the reasons for the decision; and
(d) if the presiding officer is satisfied that the complaint is substantiated, immediately take appropriate action to remedy the cause of the complaint.
(1) This section applies if a polling agent at a polling station suspects a person to be impersonating an elector for the purpose of voting.
(2) The polling agent may inform the presiding officer of the suspicion.
(3) If the person denies the allegation of impersonation:
(a) the person is still entitled to cast his or her vote (if they have not already voted); but
(b) the presiding officer must:
(i) record "protested against for impersonation" against the person’s name in the marked copy of the register of electors; and
(ii) record the elector’s name and identification number on a list (the “protested votes list”).
(4) If the person admits the allegation of impersonation, the presiding officer:
(a) must not allow the person to vote; and
(b) must record the admission in the approved form, which must be and signed by the person and witnessed by the presiding officer; and
(c) must:
(i) record “refused vote for impersonation” against the person’s name in the marked copy of the register of electors; and
(ii) record the elector’s name and identification number on a list (the “invalidated votes list”); and
(d) refer the person to a police officer; and
(e) give the police officer a copy of the signed admission form.
(5) The protested votes list, the invalidated votes list and admission forms are admissible in a legal proceeding.
(1) Immediately after voting closes at a polling station, the presiding officer must, in the presence of each polling agent at the station:
(a) parcel or secure the items mentioned in subsection (2) into separate packets; and
(b) securely seal each packet to prevent anything else being inserted into it.
(2) The items are:
(a) each ballot box used at the polling station, unopened and securely sealed; and
(b) the marked copies of the register of electors; and
(c) all unused ballot papers; and
(d) the counterfoils of all used ballot papers; and
(e) all spoilt ballot papers; and
(f) all unused tendered ballot papers; and
(g) the tendered votes list; and
(h) the protested votes list and the invalidated votes list; and
(i) any completed forms recording an admission of impersonation under section 91(3); and
(j) any other document recording events at the polling station.
(3) The presiding officer must:
(a) complete the ballot paper account showing the number of ballot papers issued to the officer and accounting for them as follows:
(i) the number of unused ballot papers;
(ii) the number of spoilt ballot papers;
(iii) the number of used tendered ballot papers;
(iv) the number of unused tendered ballot papers;
(b) give all packets and the ballot paper account:
(i) to the returning officer; or
(ii) to an assistant returning officer who must give them to the returning officer.
(1) The Commission may, by notice:
(a) set:
(i) a date and time earlier than polling day at which for pre-poll voting will be conducted; and
(ii) the date by which applications for pre-poll voting must be made, which must be at least 7 days before the date for pre-poll voting; and
(b) declare the place or places at which pre-poll voting is to be conducted (a “pre-poll voting place”).
(2) The Commission must appoint a presiding officer for each pre-poll voting place (a “pre-poll presiding officer”).
An elector is eligible to vote in pre-poll voting (an “eligible elector”) if the elector:
(a) is an electoral official who will be engaged in the conduct of the election on polling day; or
(b) is a police officer who will be on duty on polling day; or
(c) belongs to a class of electors prescribed by regulation to be so eligible.
(1) A person may apply to vote in pre-poll voting.
(2) The application must be:
(a) in the approved form; and
(b) made to a pre-poll presiding officer by the date set under section 93(1)(a)(ii).
(3) The pre-poll presiding officer must:
(a) if the officer is satisfied that the person is an eligible elector – approve the application; or
(b) otherwise – refuse the application.
A candidate’s polling agent is entitled to be present at a pre-poll voting place in the constituency in which the candidate is nominated.
(1) Subject to this section, pre-poll voting is to be conducted in accordance with Subdivision 1.
(2) In addition to a ballot paper, an eligible elector must be given an envelope showing the elector’s constituency.
(3) When pre-poll voting is completed, the pre-poll presiding officer for a pre-poll voting place must, in the presence of any polling agents:
(a) open the ballot box and remove the sealed envelopes from the box; and
(b) sort the sealed envelopes into the constituencies written on the envelopes; and
(c) in the approved form, record the number of envelopes for each constituency; and
(d) parcel the sealed envelopes and the completed approved form into a packet for each constituency; and
(e) seal and secure the packet; and
(f) immediately send each packet to the election manager for the constituency.
(4) The election manager must give each packet to the returning officer for the relevant constituency.
PART 6 COUNTING OF VOTES
The Commission must fix a place, date and time for the counting of votes for each constituency.
The following persons are entitled to be in a counting centre and be present during each process under this Part:
(a) the electoral manager for the relevant province;
(b) the returning officer and each assistant returning officer for the relevant constituency;
(c) a counting agent assigned to the counting centre;
(d) a police officer on duty at the counting centre;
(e) a person accredited by the Commission to monitor or observe the election;
(f) any other person permitted by the returning officer.
(1) Before opening a ballot box, the returning officer for a constituency must first verify ballot papers cast during pre-poll voting by:
(a) opening the packet received from the election manager containing the sealed envelopes; and
(b) comparing the number of sealed envelopes on the packet against the number recorded on the form attached to the packet to ensure that all the envelopes recorded are accounted for; and
(c) opening the sealed envelopes and removing the ballot papers; and
(d) placing the ballot papers into a sealed and secured packet marked “Pre-Poll Ballots” to be opened only during the counting of votes.
(2) For each ballot box received from a polling station, the returning officer must:
(a) open the ballot box and remove the ballot papers from inside the box; and
(b) while keeping them face down at all times, count and record in the approved form the number of ballot papers in the box.
(3) The returning officer must:
(a) open the following packets:
(i) unused ballot papers;
(ii) spoilt ballot papers;
(iii) the tendered votes list; and
(b) compare the ballot papers account against the following:
(i) the number of ballot papers recorded under subsection (2)(b);
(ii) the number of unused ballot papers and spoilt ballot papers in the packets opened under paragraph (a);
(iii) the tendered votes list opened under paragraph (a); and
(c) immediately reseal the opened packets; and
(d) prepare a statement in the approved form recording the results of the comparison under paragraph (b); and
(e) as soon as practicable, store the ballot papers in the ballot box from which they were removed and reseal it.
(4) The returning officer must, on request, give a counting agent the statement prepared under subsection (3)(d).
(5) The returning officer must not open:
(a) the sealed packet containing the marked copy of the register of electors; or
(b) the sealed packet containing the counterfoils of used ballot papers.
(6) The returning officer may authorise a presiding officer or an assistant returning officer to:
(a) assist in the process of verifying ballot papers; or
(b) conduct the process of verifying ballot papers.
(7) The votes for a constituency may only be counted after the verification of ballot papers has been completed under this section for all the polling stations in the constituency.
(1) Subject to subsection (2), a ballot paper is valid and must be counted if the voter’s intention is clear from the paper.
(2) The following ballot papers are invalid and must not be counted:
(a) a ballot paper without a vote or an official mark;
(b) a ballot paper with any writing or marking that may identify the elector who cast the ballot paper;
(c) a ballot paper that does not clearly show the voter’s intention.
(3) If there is a question in relation to the validity of a ballot paper, the returning officer must decide whether it is valid, and the returning officer’s decision is final.
(4) A counting agent may object to a decision of the returning officer that ballot paper is invalid.
(5) For each ballot paper not counted, the returning officer must:
(a) write "rejected" on the ballot paper; and
(b) if the rejection was objected to by a counting agent – write "rejection objected to" on the ballot paper.
(6) The returning officer must:
(a) prepare a statement in the approved form, showing the number of ballot papers rejected under the following heads:
(i) ballot papers without a vote or an official mark;
(ii) ballot papers with any writing or marking that may identify the elector who cast the ballot paper;
(iii) ballot papers that do not clearly show the voter’s intention; and
(b) give a copy of the statement to a counting agent who requests it.
(1) The returning officer for a constituency must:
(a) re-open all the ballot boxes for the constituency that have been resealed under section 100(3)(e) and remove all the ballot papers; and
(b) remove all the pre-poll ballot papers for the constituency from the pre-poll ballot packet sealed under section 100(1)(d); and
(c) mix all the ballot papers together and make batches of ballot papers for the purpose of counting; and
(d) sort the ballot papers in each batch into one lot for valid ballot papers, and another lot for invalid ballot papers; and
(e) for each batch, count the number of ballot papers (with their faces upwards) cast in favour of each candidate; and
(f) for each batch, record in the approved form the number of votes cast for each candidate; and
(g) add and record in the approved form the total number of votes from all batches cast for each candidate; and
(h) count and record the number of invalid ballot papers.
(2) The counting of votes must, as far as is practicable, proceed continuously.
(3) The returning officer may authorise an assistant returning officer to assist in or conduct any process under subsection (1).
(4) When the count is completed, the returning officer must, in separate lots, parcel the counted ballot papers and the invalid ballot papers and securely seal the parcels.
(1) This section applies if, after counting the votes under section 102, 2 or more candidates in a constituency have an equal highest number of votes.
(2) The returning officer must:
(a) recount the votes cast for those candidates; and
(b) if the votes are still equal after the recount, report the matter to the Commission.
(3) The Commission must, in writing, advise the Governor-General to appoint an election date for a fresh election in that constituency.
(1) A counting agent may complain to the returning officer during the counting process about:
(a) an alleged breach of any counting procedure; or
(b) alleged interference with the rights of the candidate or counting agent; or
(c) an other alleged irregularity at the counting centre.
(2) The returning officer must:
(a) record the complaint in the approved form; and
(b) immediately decide the complaint; and
(c) record the decision, including the reasons for the decision; and
(d) if the officer is satisfied that the complaint is substantiated – immediately take appropriate action to remedy the cause of the complaint.
PART 7 RESULTS OF ELECTIONS
If only one candidate is nominated in a constituency, the returning officer for the constituency must:
(a) on polling day, declare the candidate to have been elected; and
(b) in writing, notify the elected candidate and the Commission of the election.
When the counting of votes is completed for a constituency, the returning officer must:
(a) declare the candidate who has the majority of votes cast to be elected; and
(b) in writing, notify the elected candidate and the Commission of the full results of the election.
(1) The Commission must:
(a) send a copy of a notice received from a returning officer under this Division to the Governor-General and the Clerk of Parliament; and
(b) as soon as practicable, publish the notice in the Gazette.
(2) Within 30 days after the notice is published, the Commission must publish the final list of electors for each constituency showing which of the electors on the list voted in the election (regardless of whether an elector’s vote was valid).
Note
See section 132 for requirements in relation to the publication of notices under this Act.
PART 8 PETITIONS RELATING TO ELECTIONS AND MEMBERS OF PARLIAMENT
(1) An “election petition” is a petition to the Court (other than a status petition or vacancy petition) in which a person complains that a member of Parliament for a constituency was not validly elected.
(2) The following persons are entitled to file an election petition:
(a) an elector in the constituency to which the petition relates;
(b) a candidate for the election in the constituency.
(3) An election petition must be filed within 30 days after the result of the election is published under section 107.
(4) The Court may, when hearing an election petition, order the returning officer for the constituency to do any of the following:
(a) produce any invalid ballot papers;
(b) open and produce a sealed packet of counterfoils of used ballot papers;
(c) produce any counted ballot papers;
(d) produce any tendered ballot papers and the tendered votes list.
(5) Without limiting the circumstances in which the Court may find that an election is void, the Court must declare the election of a candidate void if it finds that the candidate was not qualified for election or was disqualified at the time of the election.
(1) A “status petition” is a petition (other than an election petition or vacancy petition) on a question as to the right of a person to be a member of Parliament.
(2) The following persons are entitled to file a status petition:
(a) an elector;
(b) the Attorney-General.
(3) If the Court decides that a person who is a member of Parliament is not entitled to remain a member of Parliament, the person ceases to be a member on the date of the decision.
(1) A “vacancy petition” is a petition (other than an election petition or status petition) on a question as to whether the seat of a member of Parliament has become vacant.
(2) The following persons are entitled to file a vacancy petition:
(a) a member of Parliament;
(b) the Attorney-General.
(3) If the Court decides that the seat of a member of Parliament has become vacant, the seat becomes vacant on the date of the decision.
(1) The Court:
(a) must hear and decide a petition under this Part in open court; but
(b) may dismiss a petition without a hearing if:
(i) the petition is frivolous or vexatious; or
(ii) there are insufficient grounds to warrant the hearing of the petition.
(1A) The Court must decide a petition under this Part within 12 months after it is filed.
(2) The decision of the Court on a petition under this Part is final.
(3) The Chief Justice may, subject to this Act, make rules of practice and procedure in relation to petitions under this Part.
(4) Subject to rules made under subsection (3):
(a) the procedure at the hearing of an election petition, must (as near as possible) be the same (and the Court has the same powers, jurisdiction, and authority) as if it were a civil action; and
(b) witnesses:
(i) may be summoned and sworn in the same manner as in the hearing of a civil action; and
(ii) are subject to the same penalties for perjury.
(5) The Court must give a certificate of its decision on a petition under this Part to the Commission, the Governor-General and the Speaker.
(1) This section applies if it is established during a hearing of an election petition that, in relation the election concerned, there was:
(a) a failure to comply with the time required for doing anything under this Act; or
(b) an omission or irregularity in filling out a form required under this Act; or
(c) a lack of or defect in the appointment of an electoral official or polling or counting agent; or
(d) an absence of, or mistake or omission or breach of duty by, an electoral official before, during, or after polling.
(2) The Court must not declare the election invalid only because of the matter mentioned in subsection (1) if the Court is satisfied that:
(a) the registration of electors and the conduct of the election substantially complied with the Constitution, this Act and any other written law; and
(b) the matter mentioned in subsection (1) did not affect the result of the election.
(1) In this section:
“misleading information” means information that is misleading in a material particular or because of the omission of a material particular.
(2) A person commits an offence if:
(a) the person gives information to an electoral official under this Act; and
(b) the person knows or is reckless as to whether the information is misleading.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(3) A person commits an offence if:
(a) the person gives a document to an electoral official under this Act; and
(b) the person knows or is reckless as to whether the document contains misleading information.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the attention of the electoral official; and
(b) to the extent to which the person can reasonably do so – gives the electoral official the information necessary to remedy the misleading aspect of the document.
(1) A person commits an offence if the person:
(a) obtains information while exercising a power or performing a function under this Act as any of the following:
(i) the CEO;
(ii) a member of the Commission;
(iii) an electoral official;
(iv) a staff member;
(v) a police officer; and
(b) engages in conduct that results or is reasonably likely to result in the disclosure of the information to a person other than a person mentioned in paragraph (a).
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(2) Subsection (1) does not apply if the person discloses the information:
(a) for the exercise of the person's powers or the performance of the person's functions; or
(b) for the administration of this Act; or
(c) for legal proceedings arising out of the operation of this Act; or
(d) with the consent of the person to whom the information relates.
A person who alters any information in the register of electors without authorisation under this Act commits an offence.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
(1) An employer commits an offence if:
(a) an elector employed by the employer requests to be released at a reasonable time to vote at an election; and
(b) the employer:
(i) does not release the elector; or
(ii) releases the elector but reduces the elector’s remuneration for the time spent by the elector voting.
Maximum penalty: 10,000 penalty units
(2) This section binds the Crown.
A person commits an offence if the person fails to comply with a direction or requirement of an electoral official given or made under this Act.
Maximum penalty: 20,000 penalty units or imprisonment for 2 years, or both.
A person commits an offence if the person obstructs or threatens an electoral official acting in an official capacity.
Maximum penalty: 20,000 penalty units or imprisonment for 2 years, or both.
A person commits an offence if the person falsely represents, by words or conduct, that the person is an electoral official.
Maximum penalty: 20,000 penalty units or imprisonment for 2 years, or both.
A person commits an offence if the person:
(a) votes more than once at an election; or
(b) impersonates an elector (living or dead) for the purpose of voting at an election; or
(c) votes at an election knowing that he or she is not entitled to do so under the Constitution; or
(d) induces another person to vote at an election knowing that that other person is not entitled to do so under the Constitution.
Maximum penalty: 50,000 penalty units or imprisonment for 5 years, or both.
A person commits an offence if the person, without lawful authority:
(a) interferes with an elector who is casting his or her vote; or
(b) attempts to obtain information on the candidate for whom an elector is about to vote or has voted; or
(c) enters into a polling booth while another person is in the booth, or
(d) obstructs or unnecessarily delays proceedings at a polling station, including by obstructing access to the polling station.
Maximum penalty: 50,000 penalty units or 5 years imprisonment, or both.
A person commits an offence if the person, without lawful authority:
(a) removes a ballot paper from a polling station; or
(b) forges a ballot paper; or
(c) defaces a ballot paper completed by another person; or
(d) destroys a ballot paper; or
(e) supplies a ballot paper to another person; or
(f) destroys, takes, opens or interferes with a ballot box or packet of ballot papers.
Maximum penalty: 50,000 penalty units or 5 years imprisonment, or both.
A person commits an offence if:
(a) the person displays, publishes or distributes material (or causes material to be displayed, published or distributed), and
(b) the material falsely appears to have been issued by the Commission, the CEO or an electoral official.
Maximum penalty: 20,000 penalty units or imprisonment for 2 years, or both.
A person who engages in a campaign activity in relation to an election outside the campaign period for the election commits an offence.
Maximum penalty: 20,000 penalty units or imprisonment for 2 years, or both.
(1) A candidate whose election campaign expenses exceed $500,000 commits an offence.
Maximum penalty: 50,000 penalty units or 5 years imprisonment, or both.
(2) A candidate who fails to comply with the requirements of section 69 commits an offence.
Maximum penalty:
(a) 20,000 penalty units or 2 years imprisonment, or both; and
(b) 100 penalty units for each day the offence continues.
(3) A candidate commits an offence if the candidate accepts a campaign donation from:
(a) a person who is not a citizen of Solomon Islands; or
(b) a company with at least one shareholder who is not a citizen of Solomon Islands.
Maximum penalty: 50,000 penalty units or 5 years imprisonment, or both.
(4) In this section, “campaign donation” means any transfer of property made, otherwise than by will, without consideration or with inadequate consideration that is intended to be used, or is used, solely or substantially for a purpose related to an election.
(1) A person commits an offence if:
(a) the person directly or indirectly promises, offers or gives a benefit to another person; and
(b) the person does so with the intention of influencing the other person to:
(i) vote or refrain from voting at an election; or
(ii) vote in a particular way at an election; or
(iii) influence a third person to vote, refrain from voting or vote in a particular way at an election.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(2) Subsection (1) does not apply in relation to a declaration of policy or a promise of action by a candidate as a campaign activity.
(3) A person commits an offence if:
(a) the person directly or indirectly solicits, accepts or receives a benefit for himself or herself, or another person; and
(b) the person does so with the intention that he or she will be influenced to:
(i) vote or refrain from voting at an election; or
(ii) vote in a particular way at an election; or
(iii) influence a third person to vote, refrain from voting or vote in a particular way at an election.
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(4) A person commits an offence if the person gives another person money or any other item with the intention that the money or item be used as a benefit in the commission of an offence under subsection (1).
Maximum penalty: 150,000 penalty units or imprisonment for 15 years, or both.
(5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant proves that the defendant promised, offered, gave, solicited, accepted or received the benefit:
(a) in accordance with custom; and
(b) openly, in the course of a traditional exchange of gifts; and
(c) for the benefit of a community or group of people and not for an individual.
A person commits an offence if the person directly or indirectly, by violence, intimidation, threat or physical restraint, attempts to influence another person to:
(a) vote or refrain from voting at an election; or
(b) vote in a particular way at an election.
Maximum penalty: 50,000 penalty units or 5 years imprisonment, or both.
(1) This section applies to a person who has customary authority or religious influence over a group of people.
(2) The person commits an offence if the person issues or causes to be issued a direction that, having regard to the nature and extent of the person’s authority or to a probable consequence of non-compliance with the direction, is likely to cause a group of persons to refrain from voting in an election.
Maximum penalty: 30,000 penalty units or 3 years imprisonment, or both.
(1) This section applies if a person is convicted of an offence against any of the following:
(a) section 120 (fraudulent voting);
(b) section 126 (election bribery);
(c) section 127 (undue influence).
(2) The person is disqualified for 5 years from the date of the conviction:
(a) from being registered as an elector; or
(b) from voting at an election; or
(c) from being elected as a member of Parliament.
Note
Under section 50(f) of the Constitution, a sitting member of Parliament vacates his or her seat if the member becomes disqualified from election during his or her term.
Under section 64(2) of this Act, a person who is disqualified from election is not able to be nominated as a candidate for election.
(3) The disqualification is in addition to any penalty imposed for the offence.
PART 10 MISCELLANEOUS PROVISIONS
The Commission may correct any error, omission or duplication on an application, register or other document made or issued under this Act that appears to have been made by mistake.
(1) The CEO may, in writing, delegate any of his or her functions or powers under this or any other Act, other than this power of delegation.
(2) The Commission may, in writing, delegate any of its functions or powers under this or any other Act, other than this power of delegation.
(3) A delegation under subsection (1) or (2) may be made to any of the following:
(a) a member of the Commission;
(b) a staff member;
(c) a electoral official;
(d) any other suitably qualified person.
(4) A delegation:
(a) may be subject to conditions; and
(b) may be varied, suspended or revoked; and
(c) does not prevent the delegator from carrying out the delegated function or power.
(5) A delegated function or power carried out by the delegate is taken to have been carried out by the delegator.
(6) A delegate who acts under a delegation is presumed to have had the delegation and acted under it, unless it is proven otherwise.
(1) This section applies to any requirement under this Act for a notice to be published by an electoral official.
(2) The official must publish the notice in the ways the official considers appropriate to:
(a) ensure the notice is seen as widely as is necessary in the circumstances; and
(b) to bring the notice to the attention of the persons to whom it is directed.
(3) Without limiting subsection (2), the official may publish a notice in any of the following ways:
(a) in the Gazette;
(b) in a newspaper or magazine;
(c) at a public place;
(d) on a website;
(e) in any other way considered appropriate.
(4) If a provision of this Act requires an official to publish a notice in the Gazette, the official must publish the notice in the Gazette in addition to any other way the official chooses to publish the notice.
(1) A reference in this Act to a form by number is a reference to the form of that number in Schedule 2.
(2) The Commission may approve additional forms for this Act.
(1) The CEO must:
(a) ensure that any document relating to the conduct of an election is kept in safe custody; and
(b) on the date fixed under subsection (2), destroy the following documents:
(i) all used and unused ballot papers;
(ii) all spoilt ballot papers;
(iii) all used and unused tendered ballot papers;
(iv) any other document authorised by the Commission to be destroyed.
(2) The Commission must fix a date at least 6 months after the election results are published under section 107 to destroy the documents.
(3) However, if an election petition has been filed in relation to the election, the Commission must not destroy any document relating to the petition until it has been finally determined by the Court.
(4) Also, the Commission must not destroy a document that may be required for study or research conducted under section 11(d).
(5) Information used for study or research:
(a) may only be used for statistical or analytical purposes; and
(b) must not be used in a way that discloses the identity, personal information or vote of any person.
A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act as any of the following:
(a) the CEO;
(b) a member of the Commission;
(c) an electoral official;
(d) a staff member;
(e) a police officer.
Without limiting the Commission’s general power to make regulations under section 137(1) of the Constitution, the Commission may make regulations:
(a) prescribing any matter required or permitted by this Act to be prescribed; and
(b) relating to committees; and
(c) prescribing procedures for the registration of electors and the conduct of elections; and
(d) prescribing fees for the purpose of this Act.
PART 11 REPEALS, TRANSITIONAL MATTERS AND CONSEQUENTIAL AMENDMENTS
Division 1 Repeals and transitional matters
In this Division:
“repealed Act” means the National Parliament Electoral Provisions Act (Cap. 87);
“repeal date” means the date section 138 commences.
The National Parliament Electoral Provisions Act (Cap. 87) is repealed.
(1) All subsidiary legislation made under the repealed Act that is in force immediately before the repeal date continues in force until it is repealed or revoked.
(2) A reference in subsidiary legislation continued in force under this section to a provision of the repealed Act must be read as a reference to the corresponding provision of this Act.
A person who was a member of staff of the body known as the Solomon Islands Elections Office immediately before the repeal date is taken to be a member of staff of the Electoral Office as if the person had been appointed under section 19.
The register of electors kept under the repealed Act is taken to be the register under this Act until it is revised under this Act.
141A Use of symbols for 2019 election
(1) This section applies to the general election held in 2019 only.
(2) Despite section 75, a candidate representing a political party may use an alternative symbol allocated by the returning officer for the constituency if, together with his or her nomination form, the candidate gives the returning officer a certificate signed by the executive of the political party approving the use of an alternative symbol.
(1) A regulation made by the Commission may provide for a matter of a transitional nature:
(a) because of the enactment of this Act; or
(b) to allow or facilitate the transition to the operation of this Act.
(2) The regulation may have retrospective operation to a day not earlier than the date this section commences.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The regulation must declare it is made under this section.
(5) Each regulation made under this section expires 2 years after the date this section commences.Division 2 Consequential amendments
(1) This section amends the Political Parties Integrity Act 2014.
(2) [deleted in Committee]
(3) The definition of “election” in section 2 is amended by deleting “National Parliament Electoral Provisions Act (Cap. 87)” and substituting “Electoral Act 2018”.
(4) The definition of “election day” in section 2 is amended by deleting “section 24 of the National Parliament Electoral Provisions Act (Cap. 87)” and substituting “the Electoral Act 2018”.
(5) The definition of “election period” in section 2 is amended by deleting “section 57(2) of the National Parliament Electoral Provisions Act (Cap. 87)” and substituting “the Electoral Act 2018”.
(6) Part 2 is repealed.
(7) [deleted in Committee]
(8) Section 19(2)(a) is amended by deleting “register of voters under the National Parliament Electoral Provisions Act (Cap. 87)” and substituting “register of electors under the Electoral Act 2018”.
(9) Section 22(2) is amended by:
(a) deleting “section 24 of the National Parliament Electoral Provisions Act (Cap. 87)” and substituting “the Electoral Act 2018”; and
(b) deleting “section 57(2) of”.
(10) Sections 45(4) and 46 are amended by deleting “National Parliament Electoral Provisions Act (Cap. 87)” and substituting “Electoral Act 2018”.
(1) This section amends the Honiara City Act 1999.
(2) Section 17 is amended by deleting “section 15 of the National Parliament Electoral Provisions Act” and substituting “the Electoral Act 2018”.
(3) Section 18(2)(a) is amended by deleting “National Parliament Electoral Provisions Act” and substituting “Electoral Act 2018”.
(1) This section amends the Provincial Government Act 1997.
(2) Section 12(2)(a) is amended by deleting “National Parliament Electoral Provisions Act” and substituting “Electoral Act 2018”.
(1) This section amends the Public Holidays Act (Cap.151).
(2) Section 2 is amended by inserting the following after subsection (2):
“(3) The polling day in an election other than a general election is a public holiday only in the constituency in which the election is held.”
(3) The Schedule is amended by inserting the following at the end:
“The polling day in a general election or any other election, subject to section 2(3)”.
SCHEDULE 1
section 10
ELECTORAL CONSTITUENCIES
| CONSTITUENCY | WARDS | |
|---|---|---|
| | CHOISEUL PROVINCE | |
| 1 | South Choiseul | Wards 1(Wagina), 2(Katupika), 3(Vasipuki), 4(Viviru), and 5(Babatana) |
| 2 | North-West Choiseul | Wards 6(Tepazaka), 7(Batava), 8(Tavula), 9(Polo) and 10(Bangera) |
| 3 | East Choiseul | Wards 11(Susuka), 12(Senga), 13(Kerepangara) and 14(Kirugela) |
| | WESTERN PROVINCE | |
| 4 | Shortlands | Wards 1(Outer Shortlands) and 2(Inner Shortlands) |
| 5 | North Vella La Vella | Wards 9(Ndovele) and 10(Irringgilla) |
| 6 | South Vella La Vella | Wards 7(Vonunu) and 8(Mbilua) |
| 7 | Ranongga and Simbo | Wards 3(Simbo), 4(North Ranongga), 5(Central Ranongga) and 6(South Ranongga) |
| 8 | Gizo and Kolombangara | Wards 11(Gizo) and 12(South Kolombangara) and 26(North Kolombangara) |
| 9 | West New Georgia and Vonavona | Wards 13(Vonavona), 15(Munda),16(Nusa Roviana) and 25(Noro) |
| 10 | North New Georgia | Wards 14(Kusaghe) and 20(Kolombaghea) |
| 11 | South New Georgia, Rendova and Tetepari | Wards 17(Roviana Lagoon), 18(South Rendova) and 19(North Rendova) |
| 12 | Marovo | Wards 21(Mbuini Tusu), 22(Nono), 23(Nggatokae) and 24(North Vangunu) |
| | ISABEL PROVINCE | |
| 13 | Hograno, Kia and Havulei | Wards 1(Kia), 2(Baolo), 13(Kolomola), 14(Kolotubi), 15(Susubona) and 16(Samasodu) |
| 14 | Maringe and Kokota | Wards 3(Kokota), 4(Hovikoilo), 5(Buala), 6(Tirotongana), 7(Koviloko) and 8(Kmaga) |
| 15 | Gao and Bugotu | Wards 9(Kaloka), 10(Tatamba), 11(Sigana) and 12(Japuana) |
| | MALAITA PROVINCE | |
| 16 | North Malaita | Wards 7(Fo’ondo/Gwaiau), 8(Malu’u) and 9(Matakwalao) |
| 17 | Lau and Mbaelelea | Wards 6(Mandalua/Folotana), 10(Takwa) and 12(Fouenda) |
| 18 | Baegu and Asifola | Wards 11(East Baegu) and 13(Sulufou/Kwarande) |
| 19 | Fataleka | Wards 5(West Baegu/Fataleka) and 14(Sububenu/Burianiasi) |
| 20 | West Kwara'ae | Wards 3(Buma) and 4(Fauabu) |
| 21 | Central Kwara'ae | Wards 2(Aimela) and 29(Keaimela/Radefasu) |
| 22 | East Malaita | Wards 15(Nafinua) and 16(Faumamanu/Kwai) |
| 23 | Aoke and Langalanga | Wards 1(Auki) and 30(Langalanga) |
| 24 | East Kwaio | Wards 17(Gulalofou) and 18(Waneagu/Taelana Sina) |
| 25 | West Kwaio | Wards 26(Kwarekwareo), 27(Siesie) and 28(Waneagu/Silana Sina) |
| 26 | East Are Are | Wards 19(Aiaisi) and 20(Areare) |
| 27 | West Are Are | Wards 24(Mareho) and 25(Tai) |
| 28 | Small Malaita | Wards 21(Raroisu’u), 22(Aba/Asimeuru) and 23(Asimae) |
| 29 | Malaita Outer Islands | Wards 31(Luaniua), 32(Pelau) and 33(Sikaiana) |
| | CENTRAL PROVINCE | |
| 30 | Nggella | Wards 1(Sandfly/Buenavista), 2(West Gela), 3(East Gela), 4(Tulagi), 5(South-West Gela), 6(South-East Gela), 7(North-East Gela) and
8(North-West Gela) |
| 31 | Russells and Savo | Wards 9(Banika), 10(Pavuvu), 11(Lovukol), 12(North Savo) and 13(South Savo) |
| | RENNEL-BELLONA PROVINCE | |
| 32 | Rennell and Bellona | Wards 1(East Tenggano), 2(West Tenggano), 3(Lughu), 4(Kanava), 5(Te Tau Gangoto), 6(Mugi Henua), 7(Matangi), 8(East Gaongau), 9(West
Gaongau) and 10(Sa’aiho) |
| | GUADALCANAL PROVINCE | |
| 33 | North-West Guadalcanal | Wards 1(Tandai) and 2(Saghalu) |
| 34 | West Guadalcanal | Wards 3(Savulei), 4(Tangarare) and 5(Wanderer Bay) |
| 35 | South Guadalcanal | Wards 6(Duidui), 7(Vatukulau) and 8(Talise) |
| 36 | East Guadalcanal | Wards 9(Avuavu), 10(Moli), 11(Tetekanji) and 12(Birao) |
| 37 | East-Central Guadalcanal | Wards 13(Valasi), 14(Kolokarako), 15(Longgu) and 16(Aola) |
| 38 | North-East Guadalcanal | Wards 17(Paripao) and 18(East Tasimboko) |
| 39 | North Guadalcanal | Wards 21(West Ghaobata) and 22(East Ghaobata) |
| 40 | Central Guadalcanal | Wards 19(Vulolo) and 20(Malango) |
| | HONIARA CITY | |
| 41 | East Honiara | Wards 9(Kukum),10(Naha),11(Vura) and 12(Panatina) |
| 42 | Central Honiara | Wards 4(Cruz), 5(Vavaea), 6(Vuhokesa), 7(Mataniko) and 8(Kola’a) |
| 43 | West Honiara | Wards 1(Nggossi), 2(Mbumburu) and 3(Rove/Lengakiki) |
| | MAKIRA-ULAWA PROVINCE | |
| 44 | West Makira | Wards 5(Arosi South), 6(Arosi West), 7(Arosi North), 8(Arosi East) and 20(Haununu) |
| 45 | Central Makira | Wards 9(Bauro West), 10(Bauro Central) and 11(Bauro East) |
| 46 | East Makira | Wards 12(Wainoni West), 13(Wainoni East), 14(Star Harbour North), 15(Santa Ana), 16(Santa Catalina), 17(Star Harbour South), 18(Rawo)
and 19(Weather Coast) |
| 47 | Ulawa and Ugi | Wards 1(North Ulawa), 2(South Ulawa), 3(West Ulawa) and 4(Ugi and Pio) |
| | TEMOTU PROVINCE | |
| 48 | Temotu Pele | Wards 1(Fenualoa), 2(Polynesian Outer Islands), 3(Nipua/Nopoli), 4(Lipe/Temua), 5(Manuopo) and 6(Nenumpo) |
| 49 | Temotu Nende | Wards 7(Nevenema), 8(Luva Station), 9(Graciosa Bay), 10(Nea/Noole), 11(North-East Santa Cruz), 12(Nanggu/Lord Howe) and 17(Neo) |
| 50 | Temotu Vatud | Wards 13(Duff Islands), 14(Utupua), 15(Vanikoro) and 16(Tikopia) |
FORM 1
section 33
APPLICATION FOR REGISTRATION AS ELECTOR
PART A
| I | (1st name(s)): ......................... | (Other name(s)): ............................. | (Family name): .............................. |
| of (residential area):.................................................................. | |||
claim to be entitled to be registered as an elector in:
| Constituency: | | Ward: |
| Province: | | |
| Village/Area: | | |
My particulars are as follows:
| Gender: | □Male | □ Female | |
| Occupation: | | ||
| Date of birth: | .....(day) .....(month).....(year) | ||
| Place of birth | | ||
| Father’s name | First name: Other name: | Family name: | |
| Mother’s name | First name: Other name: | Family name: | |
| Contacts: | Phone: | ||
| | Email: | ||
| Have you previously registered during any previous voter registration period? □ Yes – if YES, complete PART B, and then the declaration below □ No – if NO, complete the declaration below | |||
DECLARATON TO BE SIGNED BY APPLICANT
I declare that:
APPLICANT SIGNATURE OR MARK
| Signed (or marked) by applicant this ...... day of.............2..... | .......................................... (signature/mark) |
| | |
WITNESS
| Signature (or mark) of applicant witnessed this ...... day of...........2...... | ........................................... (signature) |
| .......................................... (Full name of witness) | .................................... (Designation) |
PART B
Complete as many sections as necessary, and then return to the declaration in PART A
A. I previously registered as follows:
| Name: | | |
| Constituency: | | Ward: |
| Province: | | |
| Village/Area: | | |
| Year of registration (if known) | | |
B. I previously registered as follows:
| Name: | | |
| Constituency: | | Ward: |
| Province: | | |
| Village/Area: | | |
| Year of registration (if known) | | |
C. I previously registered as follows:
| Name: | | |
| Constituency: | | Ward: |
| Province: | | |
| Village/Area: | | |
| Year of registration (if known) | | |
D. I previously registered as follows:
| Name: | | |
| Constituency: | | Ward: |
| Province: | | |
| Village/Area: | | |
| Year of registration (if known) | | |
E. I previously registered as follows:
| Name: | | |
| Constituency: | | Ward: |
| Province: | | |
| Village/Area: | | |
| Year of registration (if known) | | |
FORM 2
section 63
NOMINATION FORM
Constituency for which the candidate seeks election:
Date of election:
1. I, [insert name of candidate], am the candidate to whom this nomination Form refers.
2. I state that I am willing to stand for election to the National Parliament as a member for the above constituency.
3. I state that I am qualified (and not disqualified) for election as a member of Parliament under the Constitution, that is to say:
(a) I am a citizen of Solomon Islands;
(b) I have attained the age of 21 years;
(c) I am registered in the ......... ward of the ... constituency;
(d) I am not, by virtue of my own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(e) I am not the holder of, or acting in, a public office;
(f) I am not an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law of a country of the Commonwealth;
(g) I have not been certified insane or otherwise adjudged to be of unsound mind under the laws of Solomon Islands;
(h) I am not under sentence of death imposed by a court in any part of the world, or under a sentence of imprisonment for a term of or exceeding 6 months other than a sentence in lieu of a fine but including a suspended sentence imposed by the court or substituted by competent authority for some other sentence imposed on me by the court;
(i) I am not disqualified from being a member of Parliament or from registration as an elector or from voting at elections under any law of Solomon Islands relating to offences connected with elections;
(j) I am not holding or acting in any office the functions of which involve any responsibility for, or in connection with, the conduct of any election of members of Parliament or the compilation or revision of any electoral register for that purpose.
..................................
Signature of Candidate
Full name:
Address:
Description or occupation:
Date:
We, the undersigned, are the nominators of the candidate, and are electors for, and reside in, the constituency for which the candidate seeks election.
| First Nominator | |
| Full Name | |
| Address | |
| Description or occupation | |
| I am registered in the ......... ward of the ...........constituency | |
| Signature: | |
| Date: | |
| Time: | |
| Second Nominator | |
| Full Name | |
| Address | |
| Description or occupation | |
| I am registered in the ......... ward of the ..........constituency | |
| Signature: | |
| Date: | |
| Time: | |
| Third Nominator | |
| Full Name | |
| Address | |
| Description or occupation | |
| I am registered in the ......... ward of the ........constituency | |
| Signature: | |
| Date: | |
| Time: | |
FORM 3
section 73(a)
BALLOT PAPER
CONSTITUENCY OF ..................................
PUT A MARK IN THE BOX OF YOUR CHOICE
VOTE FOR ONE CANDIDATE ONLY
| NAME OF CANDIDATE | PHOTOGRAPH OF CANDIDATE | SYMBOL OF CANDIDATE (IF ANY) | MARK ONLY 1 BOX BELOW |
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OFFICIAL MARK.
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