CONSOLIDATED ACTS OF SAMOA 2009

ELECTORAL ACT 1963

Arrangement of Provisions

TITLE

PART I
PRELIMINARY

1. Short title and division into Parts
2. Interpretation

Officer of the Electoral Commissioner

3. Electoral Commissioner
3A Responsibilities, functions, duties and powers of the Commissioner
3B. Officers of the Commissioner
4. Duty to report suspected breaches

PART II
QUALIFICATIONS OF MEMBERS

5. Who may be candidates for election as Members
6. Removal of name from roll without cause
7. Effect of registration on wrong roll
8. Public servants may become candidates or be elected
9. Members disqualified from being public servants

Vacancies

10. How vacancies created
11. Proof of disqualification
12. Registrar of Court to notify cause of vacancy in certain cases
13. Commissioner of Births and Deaths to notify Speaker of death of member
14. Offence for disqualified member to sit
15. No person to be elected for more than one constituency

PART IIA
POLITICAL PARTIES

15A. Registration of Political Parties
15B. Application for Registration
15C. Registration
15D. Inspection of Register
15E. Cancellation of registration
15F. Election of Candidates

PART III
REGISTRATION OF ELECTORS

16. Qualifications of electors 
16A. Rules for determining place of residence within Samoa
16B Disqualification for registration
16C Detention in prison pursuant to conviction
17. Compilation of electoral rolls
18. Transitional
18A Revision of Electoral Rolls
18B. Compulsory registration of electors and voters
18C. Electronic register

PART IV
INDIVIDUAL VOTERS

19. Qualifications of voters
20. Registration of absentee voters
21. Registration of voters
22. Retention on the roll
23. Procedure following claim for registration
24. Voter required to notify Commissioner on occurrence of certain events
25. Voter's name entered or re-entered

PART V
ROLLS

Objections and Alterations

25A. Registration of electors
25B. Signing and witnessing of applications for registration, etc.
25C. Procedure following application for registration
25D. Applications received while rolls temporarily closed
25E. Notice to be given when person ceases to be qualified
26. Elector's or voter's objection
27. Commissioner's objection
28. Time limit for objections and hearings by District Court after closing of rolls
29. Procedure on reference of claim or objection to District Court

Purging of Rolls

30. Commissioner of Births and Deaths to notify adult deaths
31. Commissioner of Marriage to notify women's marriages
32. Removal of names from roll by Commissioner
32A. Corrupt practices list
33. Assistance to be given Commissioner

Closing and Printing of Rolls

34. Rolls closed by the Commissioner
35. Main rolls to be printed
36. Supplementary rolls to be printed
36A. Composite rolls
36B. Composite rolls required for by-elections
37. Requirement of printing of rolls
38. Inspection of main and supplementary rolls
39. Copies of rolls for Commissioner
39A. Dormant file
39AA. Removal of names from dormant file by Commissioner
39AB. Computer compiled list of names on dormant file
39AC. Purposes of dormant file and computer compiled list of names on dormant file.
39AD. Inspection of computer compiled list of names on dormant file.

PART VI
OFFENCES

40. False statements or declarations
41. Wilfully misleading Commissioner
42. Failure to deliver claim or application
43. Misfeasance of Commissioner

PART VII
GENERAL ELECTIONS AND BY-ELECTIONS

General Elections

44. Head of State's writ for election
45. Writs for general election
45A. Contents of writs
45B. Commissioner to notify Commissioner
45C. No writ to issue pending election petition

By-Elections

46. Speaker's warrant for issue of writ
46A. Power to resolve in certain cases that by-election not be held
46B. Writ for by-election
47. When Deputy Speaker to act for Speaker

Nominations

48. Nomination of candidates
49. Nomination fee
50. Acceptance or rejection of nomination
51. Advertisement of nomination
52. Withdrawal of nomination
53. Procedure where nominations insufficient

Contested Elections

54. Procedure where election not contested
55. Public notice of polling day and candidates
56. Form of ballot papers
56A. Name of political party

Death of Candidate

57. Death before close of nomination
58. Death after close of nominations

Polling at Elections

59. Polling, places
60. Polling booths, ballot boxes, ballot papers, etc.
61. Allocation of Officers
62. Deputy Returning Officers, poll clerks, and interpreters
63. Poll clerks and interpreters to make declaration
64. Scrutineers
65. Hours of polling
65A. Amendments to Public Holidays Act 2008

The Ballot

66. Ballot box to be kept locked during poll
67. Persons not to remain in polling booth
68. Persons not to be spoken to in booth
69. Questions may be put to elector or voter
70. Issue of ballot papers 
70A. Who may vote
70B. Repealed
70C. Special voters
70D. Voting by special voters
70E. Employees to have time off to vote
71. Method of voting
72. Spoilt ballot papers
73. Voter blind or unable to read or write
74. Procedure when second vote given in same name

Preliminary Count of Votes

75. Procedure after close of poll

PART VIII
PROCEDURE AFTER POLLING DAY

Scrutiny of the Rolls

76. Arrangements for scrutiny of the rolls
77. Marked copies of rolls to be compared
78. Parcels to be secured after scrutiny

Official Count and Declaration of Poll

79. Counting the votes
80. Declaration of result of poll

Recount

81. Application to District Court Judge for recount
82. Ballot papers and certificate to be compared on recount

Disposal of Ballot Papers

83. Disposal of ballot papers, roll, etc.
84. Disposal of packets
85. Papers taken from parcels as evidence in certain cases

Maintenance of Order at Elections

86. Presiding Officers to maintain order
87. Adjournment of Poll

Custody of Ballot Papers

88. Prevention of irregularities as to ballot papers

Offences at Elections

89. Interfering with or influencing electors or voters
90. Publishing defamatory matter at election time 
91. Erasing or altering official mark on ballot paper
92. Offences in respect of ballot papers and ballot boxes
93. Property to be stated as being in Commissioner
94. Infringement of secrecy

PART IX
CORRUPT AND ILLEGAL PRACTICES

Corrupt Practices

95. Personation
96. Bribery
97. Treating
97A. Conduct of "O'o" and "Momoli"
98. Undue influence

Illegal Practices

99. Procurement of voting by unqualified electors or voters
99A. Illegal Activities during period of election

General Provisions

100. Cinematograph films
101. Punishment for corrupt or illegal practice
102. Persons charged with corrupt practice may be found guilty of illegal practice
103. Time limit for prosecutions

PART X
ELECTION PETITIONS

104. Method of questioning election
105. Election petitions
106. Time for presentation of election petition
107. Security for costs
107A. Statutory declaration by petitioner
108. More than one petition relating to same election
109. Rules of Court

Trial of Election Petition

110. Court and place of trial
111. Trial of petition
112. Avoidance of election of candidate guilty of corrupt practice
113. Avoidance of election for general corruption
113A. Rolls to be used in by-election when original election avoided
114. Votes to be struck off for corrupt practices
115. Real justice to be observed
116. Irregularities not to invalidate election
117. Decisions of Court to be final
118. Certificate of Court as to result of election
119. Report of Court as to corrupt or illegal practices
120. Special report
121. Signature and effect of certificate and report

Witnesses

122. Summons and examination of witnesses
123. Certificate of indemnity to witness

Costs

124. Expenses of witnesses
125. Costs of petition
126. Costs payable by persons proved guilty of corrupt or illegal practice

Withdrawal and Abatement of Petition

127. Withdrawal of petition
128. Substitution of new petitioner
129. Report on withdrawal
130. Abatement of petition
130A. Offence to pay money to stop petition

General Provisions

131. Withdrawal and substitution of respondent before trial
132. Submission of report to Attorney- General

PART XI
MISCELLANEOUS PROVISIONS

133. Service of notices
134. Commissioner exempt from Court fees
135. Validation of irregularities
135A. Repealed
136. Regulations
137. Repeals and savings

Schedules

______________

THE ELECTORAL ACT 1963
1963 No.16

AN ACT to provide for the election of members of the Legislative Assembly.
[19 December 1963]
[Commencement date: 19 December 1963]

PART I
PRELIMINARY

1. Short title and division into Parts - (1) This Act may be cited as the Electoral Act 1963.

(2) This Act is divided into Parts, as follows:

Part I: Preliminary (Sections 1 to 4)
Part II: Qualifications of Members (Sections 5 to 15)
PART IIA: Political Parties (15A -15F)
Part III: Registration of Electors (Sections 16 to 18C)
Part IV: Individual Voters (Sections 19 to 25)
Part V: Rolls (Sections 25A to 39AD)
Part VI: Offences (Sections 40 to 43)
Part VII: General Elections and By-elections (Sections 44 to 75)
Part VIII: Procedure after Polling Day (Sections 76 to 94)
Part IX: Corrupt and Illegal Practices (Sections 95 to 103)
Part X: Election Petitions (Sections 104 to 132)
Part XI: Miscellaneous Provisions (Sections 133 to 137).

2. Interpretation - (1) In this Act, unless the context otherwise requires:

"Adult" means a person of or over the age of 21 years; and where public notice has been given in respect of a Polling day includes a person who will have attained the age of 21 years on or before that day;

"Assistant" means a person appointed as an assistant under section 25A;

"Bankrupt" means a bankrupt within the meaning of the laws relating to bankruptcy in force in Samoa;

"Bribery" has the meaning assigned to that term by section 96;

"By-election" means any election other than a general election;

"Candidate" means any person who has been nominated as a candidate for election as a Member of Parliament and in Parts IX and X includes any person who has declared his intention of becoming a candidate;

"Constitution" means the Constitution of the Independent State of Samoa;

"Constituency" means a territorial constituency constituted under the Territorial Constituencies Act 1963;

"Corrupt practice" means any act declared by this Act to be a corrupt practice;

"Costs" includes charges and expenses;

"Deputy Commissioner" means a Deputy Commissioner appointed under this Act; and includes any person authorised to exercise the powers, duties and functions of a Deputy Commissioner;

"Deputy Electoral Officer" means a Deputy Electoral Officer appointed under this Act; and includes any person authorised to exercise the powers, duties and functions of a Deputy Electoral Officer;

"Election" means an election of a Member of Parliament;

"Elector" in relation to any territorial constituency, means a person registered, or qualified to be registered, as an elector of that territorial constituency

"Electoral Commissioner" and "Commissioner" mean the Electoral Commissioner appointed under section 3, and includes any person appointed as Acting Electoral Commissioner under section 3 and any person authorised by the Electoral Commissioner or Acting Electoral Commissioner to exercise the responsibilities, functions, duties and powers of the Electoral Commissioner or Acting Electoral Commissioner, as the case may require;

"Electoral Officer" means a Electoral Officer appointed under this Act; and includes any person authorised to exercise the powers, duties, and functions of a Electoral Officer;

"Electoral roll" means the roll kept by the Commissioner of the electors of a territorial constituency;

"Foreign country" means any country other than Samoa;

"Gazette" means the Samoa Gazette;

"General election" means an election which takes place after the dissolution or expiration of the Legislative Assembly;

"Government" means the Government of Samoa;

"Illegal practice" means any act declared by this Act to be an illegal practice;

"Individual voters' roll" means the roll kept by the Commissioner pursuant to Part IV;

"Main roll", in relation to any territorial constituency or individual voters, means the main roll printed for the territorial constituency or individual voters and for the time being in force;

"Matai title" means the title which is entered in the Register of Matais established and kept pursuant to the Land and Titles Act 1981 other than a title held as a complimentary honour only;

"Member" means a Member of Parliament;

"Minister" means the Minister responsible for the Legislative Assembly;

"Nomination day", in relation to any election, means the day appointed by public notice as the latest day for the nomination of candidates;

"offence" means any act or omission for which anyone can be punished under the Crimes Ordinance 1961 or under any other enactment and shall include any crime prescribed by law;

"Personation" has the meaning assigned to that term by section 95;

"Polling day", in relation to any election, means the day appointed by the public notice for that election for the polling to take place if a poll is required;

"Prescribed" means prescribed by this Act or by regulations made thereunder or (for the purposes of Part X) by rules of Court;

"Presiding Officer" means the Electoral Officer or any Deputy Electoral Officer appointed under section 3 and presiding at any polling place or booth on the day of the polling;

"Public notice" means publication:

(a) In the Gazette; and

(b) In the Savali; and

(c) In a newspaper published in Samoa, or by means of notices posted in conspicuous places at Apia and at such other place or places in Samoa as the Commissioner thinks fit, or by means of notices broadcast by radio; and "publicly notify" has a corresponding meaning.

"Public place" has the same meaning as in section 2 of the Police Offences Ordinance 1961;

"Public servant" means a person employed in the service of the Government, not being honorary service; but does not include any person to whom subsection (2) applies; and does not include:

(a) Any person by reason of his holding an office for which a salary is payable under the Civil List Act 1964; or

(b) Any person remunerated by fees or a commission and not by wages or salary.

"public service law" means any law in force relating to the public sector and includes:

(a) the Public Service Act 2004; and

(b) the Public Finance Management Act 2001.

"Roll" means an electoral roll, the individual voters' roll, a main roll, or a supplementary roll, as the case may be;

"Speaker" means the Speaker of the Legislative Assembly;

"Standing Orders" means the Standing Orders of the Parliament of Samoa;

"Statement" includes not only words but also pictures, visual images, gestures, and other methods of signifying meaning;

"Supplementary roll", in relation to any territorial constituency or individual voters, means a supplementary roll printed for the territorial constituency or individual voters and for the time being in force;

"Territorial constituency" means a constituency constituted under the Territorial Constituencies Act 1963;

"Treating" has the meaning assigned to that term by section 97;

"Undue influence" has the meaning assigned to that term by section 98;

"Voter" means a person registered, or qualified to be registered, as a voter on the individual voters' role;

"Writ" means a writ for an election issued under this Act;

"Writ Day" in relation to any election means the day of the issue of the writ for that election;

A reference to a numbered form is a reference to the form so numbered in the First Schedule.

(2) Where any person:

(a) Is appointed by the Government, or any department or agency of the Government to be a member of any Commission, Council, Board, Committee, or other body; or

(b) Is a member of any Commission, Council, Board, Committee, or other body of which any members receive any payment out of public money,

that person shall not by reason of that membership be deemed to be a public servant, whether or not the person receives any travelling allowances, or travelling expenses.

Officer of the Electoral Commissioner

3. Electoral Commissioner - (1) Subject to this section, there shall be appointed by the Head of State, acting on the advice of Cabinet, an Electoral Commissioner who shall have and exercise the responsibilities, functions, duties and powers conferred by this Act and any applicable law.

(2) The Commissioner shall:

(a) Hold office for a period of three (3) years on terms and conditions approved by Cabinet;

(b) Be paid such salary, allowances and other benefits as determined by Cabinet, following receipt by Cabinet of a report from the Remuneration Tribunal in accordance with the provisions of the Remuneration Tribunal Act 2003;

(c) Not hold any other public office or engage in any business or other employment without the prior written approval of Cabinet; 

(d) At the time of appointment and whilst holding the position of Commissioner, not -

(i) Be a member of any political party; or

(ii) Assist, support or endorse any Member, any Candidate and any person who has declared an intention to become a Candidate, other than performing the Commissioner's responsibilities, functions, duties and powers under this Act;

(e) Be subject to public service law; and

(f) Be eligible for re-appointment, subject to compliance with this Act and satisfactory performance.

(3) The office of Commissioner shall be vacated immediately if the Commissioner:

(a) Breaches subsection (2)(c) or (2)(d) or (4); or

(b) Is declared bankrupt in Samoa or elsewhere; or

(c) At the time of appointment and whilst holding the position of Commissioner, has a conviction or is convicted for any offence, in Samoa or elsewhere:

(i) Under this Act; or

(ii) Involving dishonesty or corruption; or

(iii) Where the penalty for such offence includes imprisonment for one (1) year or longer (irrespective of whether such penalty has been or is imposed concerning such conviction); or

(d) Is determined by a medical practitioner to be unable to perform the Commissioner's responsibilities, functions, duties and powers due to any physical or mental incapacity; or

(e) Is absent from duty or Samoa for a period of five (5) consecutive days without the Minister's written consent or other lawful excuse; or

(f) After due enquiry, is declared by the Chief Justice of the Supreme Court to have engaged in any personal or official conduct or other behaviour in Samoa or elsewhere which the Chief Justice determines, acting in the Chief Justice's absolute discretion, could bring or has brought into disrepute or could or has cast doubt on the integrity or honesty or impartiality of:

(i) The office of Commissioner; or

(ii) The Samoan electoral process; or

(iii) The proper administration of this Act.

(4) Upon appointment and annually thereafter by the 30th day of June the Commissioner shall provide the Head of State, the Speaker, the Minister and the Clerk of the Legislative Assembly with a Declaration of Pecuniary Interests and Convictions in a form approved by the Attorney General.

(5) The Declarations under subsection (4) shall be available for public inspection without cost at the Office of the Clerk of the Legislative Assembly during normal business hours.

(6) Where:

(a) The Office of Commissioner is vacant; or

(b) The Commissioner is on leave or absent from duty; or

(c) For any other reason the Commissioner is unable or unwilling to perform the Commissioner's responsibilities, functions, duties and powers,

the Head of State, acting on the advice of Cabinet, may appoint a person qualified to be Commissioner under this section as Acting Electoral Commissioner for a period no longer than three (3) months.

(7) An Acting Electoral Commissioner appointed under subsection (6) shall:

(a) Be subject to the provisions of this Act, including this section, in so far as such provisions are consistent with subsection (6);

(b) Exercise the Commissioner's responsibilities, functions, duties and powers; and

(c) During such appointment, be deemed for all purposes to be Commissioner.

3A. Responsibilities, functions, duties and powers of the Commissioner-(1) The Commissioner shall have the following responsibilities, functions and duties:

(a) To exercise the responsibilities, functions, duties and powers given to the Commissioner under this Act and any applicable law;

(b) To advise the Head of State, the Legislative Assembly and any Committee of the Legislative Assembly (through the Speaker), the Government and the Minister concerning Samoa's electoral system, policies and laws;

(c) To provide reasonable and appropriate assistance and advice to the Speaker, Members, the Clerk of the Legislative Assembly, Candidates and persons declaring an intention to become a Candidate as to their compliance with the provisions of this Act and any applicable law;

(d) Upon written direction from the Legislative Assembly (through the Speaker) or Cabinet (through the Minister) or the Minister or by the Commissioner's own determination, to initiate, sponsor, carry out and publish studies and research on Samoa's electoral system and laws;

(e) To undertake public awareness and education programs concerning Samoa's electoral system and laws;

(f) Within six (6) months of the end of each financial year to prepare and provide to the Minister an annual report on the work of the office of the Commissioner, such report to include financial statements and accounts and audit report on such statements and accounts in a form approved and audited by the Controller and Chief Auditor;

(g) Within six (6) months from the date of each General Election and each by-election to prepare and provide to the Speaker a report on the conduct and result of such election;

(h) To provide, in cases approved by Cabinet, assistance in matters relating to elections and referendums (including the secondment of personnel and the supply or loan of materials) to authorities of foreign countries and international and regional organisations;

(i) To determine issues of eligibility of electors and voters and candidates and other complex issues in a timely manner prior to the closing of rolls or immediately prior to polling day; and

(j) To perform such other responsibilities, functions, duties and powers conferred on the Commissioner under any other law.

(2) Upon receipt of a report under:

(a) Subsection (1)(f), the Minister shall lay the report before the Legislative Assembly forthwith;

(b) Subsection (1)(g), the Speaker shall lay the report before the Legislative Assembly forthwith.

(3) The Commissioner shall have the power to exercise all of the responsibilities, functions and duties conferred by this Act and any applicable law.

3B. Officers of the Commissioner - (1) Subject to subsection (5), the Public Service Commission may appoint on the recommendation of the Commissioner:

(a) An Assistant Electoral Commissioner and other Officers and Assistants as required;

(b) Returning Officers, Deputy Returning Officers, polling officers, Deputy Registrars and such other officers and clerks as required to carry out the provisions of this Act; and

(c) Substitutes for any persons appointed under paragraph (a) to act in case of their sickness, absence, death or removal.

(2) Substitutes appointed under subsection (1)(b) shall have all the responsibilities, functions, duties and powers of the persons for whom they are acting.

(3) For all purposes the fact that a substitute so acts shall be sufficient evidence that the substitute is authorised so to act.

(4) All persons appointed under this section shall be subject to the authority and direction of the Commissioner.

(5) Subject to subsection (4), every:

(a) Deputy Returning Officer shall have and may exercise in and about the polling place for which the officer is appointed all of the responsibilities, functions, duties and powers of a Returning Officer; and

(b) Deputy Registrar shall have and may exercise all of the responsibilities, functions, duties and powers of the Commissioner.

4. Duty to report suspected breaches - (1) All persons employed in the office of the Commissioner or under the authority or direction of the Commissioner shall promptly report to the Commissioner any breach or suspected breach of any of the provisions of this Act or any applicable law.

(2) Where:

(a) The Commissioner receives a report under subsection (1); or

(b) The Commissioner becomes aware of any breach or suspected breach of the provisions of this Act or any applicable law,

the Commissioner shall ensure that such breach or suspected breach is reported to the appropriate authority for investigation, prosecution or other action, as the case requires.

PART II
QUALIFICATIONS OF MEMBERS

 5. Who may be candidates for election as Members - (1) Subject to the provisions of the Constitution and of this Act, any person who is registered as an elector of any constituency and is the holder of a matai title is qualified to be a candidate and to be elected as a Member of Parliament for that constituency, and any person who is registered as a voter on the individual voters' roll and is the holder of a matai title is qualified to be a candidate and to be elected as a Member of Parliament representing the individual voters, if in either case, as required by Article 45 of the Constitution, he or she:

(a) Is a citizen of Samoa; and

(b) Is not disqualified under the provisions of the Constitution or of any Act,

Provided that:

(a) The requirement for a candidate registered in the individual voters' roll to hold a matai title shall only apply to the 2011 General Elections and any other elections thereafter;

(b) A member of Parliament representing or who had represented the individual voters shall not be disqualified from being a Member of Parliament for not holding a matai title for any period leading up to the 2011 General Elections.

(2) Any other person shall be disqualified for being a candidate for, or being elected as a Member of Parliament.

(3 A person shall be disqualified as a candidate, or from election as a Member of Parliament representing a constituency, if he or she:

(a) Loses any qualification required to enable him or her to be registered as an elector of that constituency; or 

(b) Has not resided in Samoa for a period equalling or exceeding three (3) years ending with the day on which the Nomination paper is lodged with the Commissioner; or

(c) Does not have a statutory declaration in Form 1D in the First Schedule from:

(i) The Pulenuu of his or her village; or

(ii) Any other person determined by the Commissioner, if the Commissioner is of the opinion that the Pulenuu is unable to, or

cannot properly, provide the statutory declaration, that the candidate satisfies the three (3) year residential requirement in paragraph (b) and, unless the Commissioner is satisfied that the candidate is banished from his or her village, satisfies village service requirements.

(3A) For the purposes of this section:

"village service requirements" means the services a matai renders to his or her village in accordance with the customs of that particular village.

(4) A person shall be disqualified for being a candidate for, or being elected as a Member of Parliament representing the individual voters if he or she loses any qualification required to enable him or her to be registered as an individual voter or that person fails to provide his or her statutory declaration to the Commissioner that the person has resided in Samoa for a period equalling or exceeding three (3) years ending with the day on which the Nomination paper is lodged with the Commissioner.

(5) A person shall be disqualified for being a candidate or being elected as a Member of Parliament if he or she:

(a) Is an undischarged bankrupt; or

(b) Has been:

(i) Convicted in any jurisdiction within the previous eight (8) years, of an offence punishable by death or by imprisonment for a term of four (4) years or more; or

(ii) Convicted or found guilty in Samoa of a corrupt practice and has not been removed from the Corrupt Practices List under section 32A; or

(c) If of unsound mind and is subject to an order of medical custody made under the Mental Health Act 2007.

(6) Nothing in subsection (2) or subsection (3) applies to:

(a) A person who is appointed to a post under the Foreign Affairs Act 1976 and is outside Samoa during the course of that appointment;

(b) A person who is the spouse of the person so described;

(c) A person, who is appointed to a post in an international organisation overseas under Government sponsorship or nomination; or

(d)	(i) A person who satisfies the Commissioner that the person is required to obtain and has obtained medical treatment outside of Samoa for more than 125 days in any one year or more for the consecutive three (3) year period ending on nomination day.

(ii) The Commissioner shall be satisfied of the matters referred to in this paragraph if the person provides the Commissioner with declarations in Forms 1A and 1B of the First Schedule"

(iii) If any statutory declaration in (ii) is false or misleading the person claiming benefit of the statutory declaration or other information under subsection (2) or subsection (3) shall forfeit such benefit.

(7) For the purposes of this section "resided in Samoa for a period equaling or exceeding three (3) years" shall mean a person has been in Samoa for at least 240 days in each year for a consecutive three year period ending on nomination day.

(8) The calculation of the time periods provided in subsection (7) of this section shall not include any temporary absences by persons who are required to be absent from Samoa pursuant to the conduct of official duties where they are the holder of a Government position, post or office or a member or official of a representative body or an organisation which is based in Samoa.

6. Removal of name from roll without cause - Any person duly qualified as an elector or voter who has been registered on any electoral or the individual voters' roll but whose name has been removed from any roll through no fault of his or her own shall not, by reason only of not being registered as an elector or voter, be disqualified from becoming a candidate and being elected; but in every such case he or she shall forward to the Commissioner, at the time when he or she sends the nomination or consent to nomination, a statutory declaration to the effect that he or she is not disqualified as an elector or voter, as the case may be, under the provisions of this or any other Act, that he or she still retains that qualification, and that his or her name has been removed from the roll through no fault of his or her own.

7. Effect of registration on wrong roll - The nomination of any person as a candidate for election, or a person's election as a Member of Parliament, shall not be questioned on the ground that, though the person has chosen and is entitled to be registered as an elector of any constituency, he or she was not in fact registered as an elector of that constituency but was registered in error as an elector of some other constituency.

8. Public servants may become candidates or be elected - (1) Any public servant who desires to become a candidate for election as a Member of Parliament shall, on application, be granted special leave of absence for the purpose of his or her candidature.

(2) That special leave shall commence on a day to be selected by him or her, being not later than nomination day, and in the event of his or her nomination as a candidate, shall continue until the 7th day after polling day, unless he or she withdraws his or her nomination.

(3) During the period of that special leave he or she shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive in respect of that period any salary or remuneration as a public servant except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled.

(4) Except as provided in the foregoing provisions of this section his or her rights as a public servant shall not be affected by his or her candidature.

9. Members disqualified from being public servants - If any public servant is elected as a Member of Parliament he or she shall, forthwith upon the date on which he or she is declared so elected, be deemed to have vacated his or her office as a public servant.

Vacancies

10. How vacancies created - The seat of a Member of Parliament shall become vacant on the occurrence of any of the events specified in Article 46(2)(a), (b) or (c) of the Constitution, and in addition he or she shall be disqualified from holding his or her seat:

(a) If on three (3) consecutive sitting days he or she fails, without permission of the Speaker of the Legislative Assembly, to attend in the Assembly in the manner and for the period prescribed under the Standing Orders of the Parliament of Samoa; or

(b) If he or she takes any oath or makes any declaration or acknowledgement of allegiance or adherence to any foreign country; or

(c) If he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign country, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign country; or

(d) If he or she becomes a bankrupt; or

(e) If he or she is convicted in Samoa or in American Samoa of a crime punishable by death or by imprisonment for a term of 2 years or upwards, or has been convicted in Samoa of a corrupt practice, or is reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or

(f) If he or she becomes a public servant; or

(g) If on an election petition the Court declares his or her election void; or

(h) If he or she becomes of unsound mind and subject to an order of medical custody made under the Mental Health Act 2007; or

(i) If being a Member representing a constituency he or she ceases to be qualified to be a candidate to represent that constituency, or if being a Member representing the individual voters he or she ceases to be qualified to be a candidate to represent them; or

(j) If the Member acts in accordance with the provisions of section 15F(4)(a) and (b);

(k) If while he or she is a Member of Parliament he or she is guilty of conduct unbecoming a Member of Parliament.

(l) If he or she is proved to the satisfaction of a Committee of the Legislative Assembly to have acted for commission or other reward as agent on behalf of the owner or for any other person having an interest in any land for the purpose of securing the purchase or acquisition of that land by the Government.

11. Proof of disqualification - (1) If and as soon as the Speaker has reason to believe or suspect that any Member of Parliament has become disqualified from holding his seat on the grounds set out in section 10(k) or 10(m) the Speaker shall charge that Member with such disqualification, and if the Legislative Assembly is then sitting shall do so orally in the Assembly.

(2) If any Member of Parliament other than the Speaker charges any other Member with having become disqualified from holding his or her seat on the grounds set out in the said paragraph (k) other than in a sitting of the Legislative Assembly, he or she shall immediately notify the Speaker of that charge.

(3) If the Speaker or any other Member of Parliament charges any other Member with having become disqualified from holding his or her seat on the grounds set out in the said paragraphs (k) or (m), and that other Member does not admit the charge in writing (by cable if he or she is not in Samoa) within 7 days of it being brought to his or her attention, the Speaker shall refer the charge to the Supreme Court by motion, and it shall be determined by that Court pursuant to Article 47 of the Constitution.

(4) The Speaker shall give notice of the Speaker's motion to the Member who is alleged to have misconducted himself or herself, unless in any case the Speaker is excused by the Court on special grounds from so doing.

(5) Any person with whom the Member charged is alleged to have misconducted himself or herself shall be entitled to be treated as a party to the motion and to be heard thereon.

(6) On the Speaker referring a charge to the Supreme Court by motion under this section, the Assembly may by resolution suspend the Member charged until the motion has been disposed of.

(7) A Member suspended under this section shall not during the period of his suspension be entitled to sit in or otherwise take part in the proceedings of the Assembly or any Committee thereof, to perform any of the functions or powers of a Member or have any of the privileges or immunities of a Member.

(8) A Member suspended under this section shall not be entitled to any pay or allowance for the period of his or her suspension unless the Supreme Court holds that he or she is not disqualified.

(9) If the Speaker is charged by any other Member with having become disqualified from holding his or her seat as a Member on the grounds set out in the said paragraph (k), the Deputy Speaker shall perform the functions and duties of the Speaker under the foregoing provisions of this section.

12. Registrar of Court to notify cause of vacancy in certain cases - (1) The Registrar of the Supreme Court shall, within 48 hours after adjudication as a bankrupt of a Member of Parliament, or after conviction in any jurisdiction within the previous eight (8) years, of an offence punishable by death or by imprisonment for a term of four (4) years or more, or after he or she has been convicted of a corrupt practice, notify the fact to the Speaker, or to the Head of State if there is no Speaker or if the Speaker is absent from Samoa.

(2) Every Commissioner who fails to send any notice required by this section commits an offence and shall be liable on summary conviction to a fine not exceeding 1 penalty unit for every day during which he or she fails to send such notice.

13. Commissioner of Births and Deaths to notify Speaker of death of Member - The Commissioner of Births and Deaths by whom the death of any Member of Parliament is registered shall, within 24 hours of making the registration, notify the fact to the Speaker.

14. Offence for disqualified member to sit - Every Member of Parliament who sits or votes therein being disqualified under the provisions of this Act and knowing that he or she is so disqualified or after his or her seat has become vacant under this Part shall be liable to a fine not exceeding 1 penalty unit for every day on which he or she so sits or votes.

15. No person to be elected for more than one constituency - (1) Where a Member of Parliament for any constituency is also elected as a Member of Parliament for any other constituency his or her election for that other constituency shall be void.

(2) Where at elections held on the same polling day any person is elected as a Member of Parliament for two (2) or more constituencies, his or her election shall in every case be void.

PART IIA
POLITICAL PARTIES

15A. Registration of Political Parties-(1) Subject to this Part of this Act, an eligible political party may by application in Form 1C of the First Schedule be registered for the purposes of this Act.

(2) The Commissioner shall establish and maintain a Register known as the Register of Political Parties, containing a list of Political Parties registered under this Part of the Act.

15B. Application for Registration - (1) An application for the registration of an eligible political party may be made to the Commissioner by the Secretary of the party.

(a) Repealed by the Electoral Amendment Act 2009, No.21.

(b) Repealed by the Electoral Amendment Act 2009, No.21.

(2) An application for the registration of an eligible political party:

(a) Shall be in writing; and

(b) Shall be signed by the applicant; and

(c) Shall:

(i) Set out the name of the party; and

(ii) If the party wishes to be able to use for the purposes of this Act an abbreviation of its name; set out the name of that abbreviation; and

(iii) Set out the name and address of the applicant and the capacity in which he or she makes the application; and

(iv) Be accompanied by a declaration made by the applicant in the manner provided by section 19 of the Oaths, Affidavits and Declarations Act 1963, that the party has at least 8 current financial members who are eligible to enroll as electors or voters.

(3) Upon receipt of an application for the registration of a political party, the Commissioner shall deal with the application in accordance with this part of this Act and determine whether the party can be registered.

(4) No application for registration will be accepted after the day on which the writs for a election or by-election are issued.

(5) No application for registration will be accepted where in the opinion of the Commissioner the name of the proposed party or any proposed abbreviation of such:

(a) Is indecent or offensive; or

(b) Is excessively long; or

(c) Is likely to cause confusion or mislead electors; or

(d) Contains any reference to a title or Honour or similar form of identification.

15C. Registration - (1) Where the Commissioner determines that a political party should be registered, the Commissioner shall:

(a) Register the party by entering in the register:

(i) The name of the party; and

(ii) If an abbreviation of the name of the party was set out in the application, that abbreviation and;

(b) Give written notice to the applicant that the party has been registered; and

(c) Cause notice of the registration of the party to be published in the Gazette.

(2) When an application for registration is refused the Commissioner shall give the applicant written notice of the refusal and the reasons for such refusal.

(3) It shall be the duty of the Secretary of any political party registered to:

(a) Supply the address for service of all correspondence under this part of the Act to the Commissioner;

(b) Notify the Commissioner immediately of any changes in the address for service of correspondence;

(c) Notify the Commissioner immediately whenever a new Secretary of the party is appointed;

(d) Notify the Commissioner if the number of current financial members falls below 100.

(4) The Commissioner may amend the details of the Register from time to time when there have been any changes pursuant to subsection (3).

(5) Where a registered political party seeks to change its name or its abbreviation, no amendment to an existing registered party may be made but a fresh application for registration must be submitted to the Commissioner for his or her consideration.

15D. Inspection of Register – Members of the public are entitled to inspect the register during working hours on any day on which the Office of the Commissioner is open.

15E. Cancellation of registration - (1) The Commissioner shall cancel the registration of any registered political party:

(a) As the result of a request on behalf of the party made by the Secretary or other Office holder;

(b) Where the Commissioner becomes aware that the number of current financial members falls below 100.

(2) Where registration of a political party is cancelled the Commissioner:

(a) Shall give written notice to the applicant and the Secretary of the political party with the reasons for cancellation;

(b) Cause notice of the cancellation to be published in the Gazette.

15F. Election of Candidates - Notwithstanding any other law, including but not limited to Standing Orders:

(1) Subject to subsection (3), a Candidate elected as a Member, where the ballot paper for such election cites the Candidate's membership of a political party, shall sit in the Legislative Assembly as a member of that political party during the term for which the Candidate was so elected.

(2) Subject to subsection (4), a Candidate elected as a Member, where the ballot paper for such election cites the Candidate as independent (meaning the Candidate is not a member of a political party at the time of election), may, prior to taking the oath of allegiance, join a political party in the manner provided by Standing Orders and thereafter such elected Candidate shall sit in the Legislative Assembly as a member of that political party during the term for which the Candidate was so elected.

(3) Subject to subsection (4), a Candidate elected as a Member, where the ballot paper for such election cites the Candidate's membership of a political party and upon election, but prior to taking the oath of allegiance, it appears that such political party does not have sufficient membership to be recognised as a political party in the Legislative Assembly under Standing Orders, may, prior to taking the oath of allegiance, join another political party or become an independent in the manner provided by Standing Orders and thereafter the elected Candidate shall sit in the Legislative Assembly as a member of such other political party or as an independent, as the case may require, during the term for which the Candidate was so elected.

(4) Where:

(a) A Candidate elected as a Member is or becomes, as the case may be, a member of a political party in accordance with subsection (1) or (2) or (3); and

(b) The Candidate resigns subsequently from such political party and becomes a member of another political party during the term for which the Candidate was so elected,

the seat of such Candidate as a Member of Parliament shall become vacant and such Candidate shall be disqualified from holding such seat.

(5) After taking the oath of allegiance, a Candidate elected as a Member with the ballot paper for such election citing the Candidate as an independent, remains an independent during the term for which the candidate was so elected.

(6) Where a Candidate does not comply with subsection (5) the seat of such candidate as a Member of Parliament shall become vacant and such candidate shall be disqualified from holding such seat.

PART III
REGISTRATION OF ELECTORS

16. Qualifications of electors - (1) Subject to the provisions of the Constitution and of this Act every adult person shall be qualified to be an elector of a constituency if:

(a) He or she is a Samoa citizen; and

(b) His or her name does not appear on the individual voters roll.

(2) The constituency in which an elector shall be registered shall be determined according to the following provisions:

(a) If the elector is the holder of a Matai title he or she shall be registered in the constituency in respect of which the title exists or, if the elector is a plural title holder, he or she shall be registered in the constituency in respect of which one of those titles exists, as he or she may choose once between general elections;

(b) If the elector is not the holder of a Matai title, the elector shall be registered in:

(i) The constituency in which the elector resides; or

(ii) If the elector is the spouse or parent or child or brother or sister of a Matai and such elector chooses, the constituency in which such Matai is registered;

(c) Paragraph (b) shall not apply in respect of any Matai title acquired by a brother or sister of an elector from or through the spouse of such brother or sister;

(d) Repealed by the Electoral Amendment Act 2005 (No. 3)

(e) Repealed by the Electoral Amendment Act 2005 (No. 3)

(f) Repealed by the Electoral Amendment Act 2005 (No. 3)

(g) Deleted by the Electoral Amendment Act 2000 (No. 8).

(3) Subject to this Act, an elector shall be eligible to transfer the constituency in which the elector is registered once only between general elections provided that such transfer is done not less than five (5) years from the most recent previous transfer (if any).

(4) Despite subsection (3) no transfer shall be made after the date of the first publication of the notice in the Gazette caused by the Speaker under section 46, until after the vacancy to which the notice relates is supplied.

(5) Repealed by the Electoral Amendment Act 2005 (No. 3)

(6) Repealed by the Electoral Amendment Act 2005 (No. 3)

(7) Repealed by the Electoral Amendment Act 2005 (No. 3)

(8) Repealed by the Electoral Amendment Act 2005 (No. 3)

16A. Rules for determining place of residence within Samoa - (1) Subject to the provisions of this section, the place where a person resides within Samoa at any material time or during any material period shall be determined for the purpose of this Act by reference to the facts of the case.

(2) For the purposes of this Act a person can reside in one place only.

(3) A person resides at the place where that person chooses to make his or her home by reason of family or personal relations or for other domestic or personal reasons.

(4) Where the property on which a person's home is located is divided between two or more constituencies, that person shall:

(a) If his or her dwelling is located wholly within one of those constituencies, be deemed to reside in that constituency; or

(b) In any other case, be deemed to reside in the constituency in which is located:

(i) The front door or other main entrance of his or her dwelling; or

(ii) Where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated.

(5) A person who is detained in any penal institution or hospital by virtue of any enactment shall not, by reason only of that detention, be treated for the purpose of subsection (3) as residing there.

(6) The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person:

(a) Is occasionally or temporarily absent from that place; or

(b) Is absent from that place for any period because of his or her service or that of his or her spouse as a member of Parliament; or

(c) Is absent from that place for any period because of his or her occupation or employment or that of his or her spouse; or

(d) Is absent from that place for any period because he or she or his or her spouse, is a student,-

even if such absence involves occasional or regular residence at another place or other places.

(7) Except as provided in subsection (6), a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding his or her home for the time being is temporary only.

(8) A Samoan citizen who is outside Samoa shall be deemed to reside where he or she had his last home in Samoa; but nothing in this subsection shall affect the application of section 16 for the purpose of determining the qualification of any person for registration as an elector or section 70B.

(9) In the case of a person who is appointed to be a member of the Cabinet, or who is the spouse of any person so appointed, the following provisions shall apply notwithstanding anything to the contrary in this section, namely:

(a) So long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of a constituency (in this subsection referred to as the original constituency), notwithstanding his or her absence therefrom at the seat of Government or otherwise, unless and until he or she duly applies for registration as an elector of another constituency of which he or she is, apart from the provisions of this paragraph, qualified to be an elector.

(b) Upon being registered as an elector of the other constituency pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original constituency.

(10) A person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place in the harbour is situated.

16B. Disqualification for registration - (1) The following persons are disqualified for registration as electors or voters:

(a) A person who is detained in a hospital, a prison or some other place of security under the Mental Health Act 2007;

(b) A person detained in any prison pursuant to a conviction;

(c) A person whose name is on the Corrupt Practices List made out for any constituency.

(2) The Commissioner of the Court in which any order or conviction is made shall not later than the 5th day of the month next succeeding the date of the order or conviction forward to the Commissioner the name, place of residence and description of the patient or offender and particulars of the order or conviction.

16C. Detention in prison pursuant to conviction - Where a person who has been sentenced to a full time custodial sentence is received into a prison in which that person is to serve the whole or part of that sentence the Gaoler of that prison shall not later than the 5th day of the month next succeeding the date of the conviction forward to the Commissioner a notice showing:

(a) The name, previous residential address and date of birth of that person;

(b) The name and address of the prison.

17. Compilation of electoral rolls - (1) For each constituency the Commissioner shall compile and at all times maintain an electoral roll, which the Commissioner shall make and keep as complete and accurate as possible.

(2) Subject to Part V, the Commissioner shall make such additions to, deletions from and other amendments to each electoral roll as appear to him to be necessary as the Commissioner receives information relevant to such roll.

(3) Repealed by section 7(3) Electoral Amendment Act 1990.

(4) A person shall not be entitled to be registered as an elector in more than one constituency or more than once in one constituency, notwithstanding that he or she may be a plural title holder.

(5) Repealed by section 7(3) Electoral Amendment Act 1990.

18. Transitional - (1) Every person who is registered as an elector in any constituency on the 27th day of November 1990 shall without further application be registered on the roll compiled pursuant to section 17 after that date.

(2) Unless the Commissioner in any particular case otherwise determines it shall not be necessary for any person whose name appears on the main or supplementary roll prepared for the purposes of the Plebiscite Act 1990 to comply with the provisions of section 25A for the purposes of enrolment for any election held in 1991.

(3) Any person to whom subsection (2) applies may be registered as an elector or as a voter by:

(a) Appearing before the Commissioner or an assistant for the purpose of obtaining a Certificate of Identity; and

(b) Satisfying the Commissioner as to the constituency in respect of which that person should be registered, or, as the case may be, by satisfying the Commissioner that he or she should be registered on the individual voters' roll.

(4) This section shall apply notwithstanding any provision to the contrary in section 25A.

18A. Revision of Electoral Rolls - (1) The Commissioner shall direct an enquiry to be made concerning the particulars of all persons whose names are on the roll.

(2) The Minister may from time to time issue a public notice specifying a period during which the enquiries directed under subsection (1) are to be undertaken and shall where practicable publish such notice in every year in which a Parliament is due to expire.

(3) Where a Parliament is dissolved while an enquiry under subsection (1) is in progress the Commissioner shall not be obliged to complete that enquiry.

(4) Every enquiry shall be in the prescribed form and shall require the person to whom it is addressed to sign and return the form together with any corrections to the Office of the Commissioner.

(5) Every completed form accepted by the Commissioner as being in order shall be deemed to be an application for registration as an elector.

(6) Where the Commissioner receives during a period specified under subsection (2) or within six (6) days before the commencement of any such period a duly completed application for registration as an elector that application shall be deemed to be a completed form under this section.

(7) The completed form shall contain the particulars specified in Form 1D in the Schedule.

(8) Where any person fails to respond to an enquiry under subsection (2) the Commissioner shall after making such further enquiry as the Commissioner thinks fit remove the name of that person from the roll:

PROVIDED THAT the name of that person shall not be removed where:

(a) The Commissioner is satisfied that such person is alive; and

(b) According to the records of the Commissioner such person is the holder of a valid identification card.

(9) Nothing in this section shall affect the provisions of this Act as to the production of a valid Certificate of Identity required under the provisions of section 70B.

18B. Compulsory registration of electors and voters - (1) Every person qualified to be registered as an elector or a voter under this Act shall (if he or she is in Samoa), make application in the prescribed form to the Commissioner of Electors for registration as an elector or voter within one month after the date upon which he or she first becomes qualified to be registered as an elector or voter.

(2) Every person commits an offence against this section who being required by this section to apply for registration as an elector or voter, during any period, knowingly and willfully fails to do so.

(3) No person who applies for registration as an elector or voter shall be liable to prosecution for an earlier failure to apply for registration.

(4) Every person who commits an offence against this section shall be liable to a fine not exceeding 1 penalty unit for a first conviction and to a fine not exceeding 2 penalty units on any subsequent conviction.

18C. Electronic register – There shall be a register in electronic form of all electors and voters.

PART IV
INDIVIDUAL VOTERS

19. Qualifications of voters - (1) Subject to the provisions of the Constitution and of this Act every person shall be qualified to be an individual voter and to have his or her name entered on the individual voter's roll if the person is an adult citizen of Samoa and not disqualified as a candidate for election by virtue of any of the provisions of section 5, and if:

(a) His or her name was entered on the European electoral roll on the 30th day of November 1963; or

(b) He or she:

(i) Is the child or grandchild of a parent whose name was entered on, or who if alive on the 30th day of November 1963, would have qualified to have his or her name entered on the European electoral roll on 30th day of November 1963; and

(ii) Was unborn or had not attained the age of 21 years on the 30th day of November 1963; or

(c) He or she acquired citizenship of Samoa by naturalisation or by registration; or

(d) He or she acquired citizenship of Samoa by birth and is the child of a parent who is not a citizen of Samoa or of a parent who if alive at the date of the commencement of the Citizenship Act 1972 would not have automatically qualified to be a citizen of Samoa by virtue of any provision of that Act; or

(e) His or her spouse is registered as an individual voter.

(2) Notwithstanding the provisions of subsection (1) no person shall be qualified to have his or her name entered on the individual voters' roll if the person is registered as an elector:

(a) Repealed by the Electoral Amendment Act 2009, No.21.

(b) Repealed by the Electoral Amendment Act 2009, No.21.

(c) Repealed by the Electoral Amendment Act 2009, No.21.

20. Registration of absentee voters - Notwithstanding anything to the contrary in this or any other Act, if any person would be qualified to have his name entered on the European electoral roll on the 30th day of November 1963 on application, but it is impossible or difficult for him or her to claim such entry before the 30th day of November 1963 by reason of absence from Samoa at any time during the period between the first reading of this Act in the Legislative Assembly and the 30th day of November 1963, he or she may, at any time within 6 months of returning to Samoa, claim to have his or her name entered on the European electoral roll, and the Commissioner may enter his or her name on that roll, and any such entry shall be deemed to have been made on the 30th day of November 1963.

21. Registration of voters - Every person desirous of having his or her name entered on the individual voters' roll shall (unless his or her name is already on the roll) deliver in person to the Commissioner or an Assistant to the Commissioner a claim in form No.2.

22. Retention on the roll - (1) Every person whose name is entered on the individual voters' roll shall be entitled to have his or her name retained on that roll so long as he or she remains qualified to be an individual voter.

(2) A person who is registered as a voter may by notification to the Commissioner require the Commissioner to remove his or her name from the individual voters' roll.

23. Procedure following claim for registration - (1) If the Commissioner is satisfied that any voter who claims to be registered as a voter is qualified to be registered he or she shall forthwith enter the voter's name on the roll.

(2) If after making such inquiries as he or she thinks fit the Commissioner is not so satisfied the Commissioner shall with five (5) days of the receipt of the claim give notice in writing to the claimant setting forth the particulars of which proof is required.

(3) If the claimant fails to furnish proof of his qualifications satisfactorily to the Commissioner within 10 days after the giving of notice to him or her under subsection (2), the Commissioner shall refuse the claim and forthwith notify the claimant accordingly.

(4) Within 14 days after the giving to the claimant of a notice of refusal under subsection (3), the claimant may require the Commissioner to refer his or her claim to a District Court.

(5) The Commissioner shall notify the claimant of the time and place appointed for the hearing of the claim by such District Court.

24. Repealed by the Electoral Amendment Act 2009, No.21.

25. Repealed by the Electoral Amendment Act 2009, No.21.

(2) No person whose name has been deleted from the individual voters' roll pursuant to section 24(2) by reason of marrying a person holding a Matai title or exercising any customary right or privilege in regard to customary land shall be eligible to have his or her name re-entered on the individual voters' roll if his or her spouse should die or they should be divorced or if his or her spouse should cease to hold such a title or to exercise any such right or privilege:

PROVIDED THAT a woman whose name was on the European electoral roll on or before the 30th day of November 1963, or was ever on or qualified to be on the individual voters' roll only by reason of her marriage, and who has not subsequently been disqualified from being on the latter roll for any other reason, shall be eligible, on the death of her husband or on her divorce from him, to have her name entered or re-entered on the individual voters' roll.

PART V
ROLLS

25A. Registration of electors - (1) Every person who wishes to be registered as an elector in any constituency shall unless his or her name is already on the roll make application in person to the Commissioner or to an assistant appointed by the Commissioner to receive such application.

(2) The Commissioner shall appoint and make available such assistants as the Commissioner considers necessary for the purposes of subsection (1) of this section or of section 21 and may appoint and make available assistants in any Embassy or Consulate of Samoa in a foreign country.

25B. Signing and witnessing of applications for registration, etc. - (1) Every person making any application or declaration in respect of registration as an elector or voter shall do so in Form 1D or 2 of the Schedule, as the case may require, and shall either sign or place his or her mark on the application or declaration and must add to his or her signature, occupation and address.

(1A) Subsections (1A) to (1K) inclusive shall apply to Parts III, IV and V of this Act.

(1B) Despite the other provisions of this Act, where there is any inconsistency between this section and the provisions in Parts III, IV and V, this section shall prevail to the extent of such inconsistency.

(1C) At the time of receiving an application for registration or re-registration or transfer of registration as an elector or voter, the Commissioner shall photograph or cause to be photographed the person seeking such registration or re-registration or transfer of registration, as the case may require.

(1D) Subject to subsection (1J), where a person referred to in subsection (1C) is registered or re-registered as an elector or voter or whose registration as an elector or voter is transferred in accordance with this Act, the Commissioner shall record or print the person's photograph on the appropriate roll adjacent to the name of the person.

(1E) Where a roll is used in a General Election or By-election, the Commissioner and all electoral officials shall use rolls prepared in accordance with subsection (1D).

(IF) Where a roll is required by this Act or any other law to be available for public or other inspection or use (howsoever described), the Commissioner shall provide or produce, as the circumstances require, such roll without the photographs required under subsection (1D).

(1G) Where for any reason a person applying for registration or re-registration or transfer of registration as an elector or voter fails or refuses or is unable to be photographed in accordance with subsection (1C), the Commissioner shall not register such person on a roll as an elector or voter.

(1H) Every person registered as an elector or voter as at the date of commencement of the Electoral Amendment Act 2005 shall be required to re-apply for such registration in accordance with the provisions of this Act and this section at a time and place and in such manner determined by the Commissioner by Public Notice.

(1I) Every person registered and photographed in accordance with this Act and this section shall be required to be re-photographed in accordance with the provisions of this section at time intervals of not less than nine (9) years and not more than 10 years from the date on which the person was last photographed under this section at a time and place and in such manner determined by the Commissioner by Public Notice.

(1J) The Commissioner shall substitute photographs of electors and voters taken in accordance with subsection (1I) for previous photographs of electors and voters taken, recorded or printed in accordance with the provisions of this section, as the case may require.

(1K) Every person required to be photographed in accordance with this section who fails to do so without lawful excuse commits an offence punishable by a fine not exceeding 1 penalty unit.

(2) Where a person making an application or declaration in respect of registration as an elector or a voter is physically disabled, the application or declaration may be signed on his or her behalf by a registered elector or voter who signs by direction of the physically disabled person and who indicates on the application or declaration:

(a) That the applicant or declarant is a physically disabled person.

(b) That the application or declaration is being signed by direction of the applicant or declarant.

(3) The place in respect of which registration is claimed must be specified in such manner as to enable it to be clearly identified.

(4) The Commissioner may reject any application or declaration that does not comply with subsection (1) or subsection (3) or fails to supply any of the information required by Form 1D or as the case may be, Form 2, of the Schedule.

(5) Every application for registration as an elector shall be witnessed by the Commissioner or an assistant.

25C. Procedure following application for registration - (1) If the Commissioner is satisfied that any person who claims to be registered as an elector or a voter (whether by transfer from another territorial constituency or from the individual voters' roll or otherwise) is qualified to be registered the Commissioner shall within five (5) days of the receipt of the claim forthwith enter the name of the applicant on the appropriate roll.

(2) If after making such inquiries as the Commissioner thinks fit the Commissioner has reason to believe that any applicant is not qualified to be registered the Commissioner shall within five (5) days of receipt of the claim give notice in writing to the claimant setting forth the particulars of which proof is required.

(3) If the applicant fails to furnish proof of his qualifications satisfactorily to the Commissioner within 10 days after the giving of notice under subsection (2), the Commissioner shall refuse the application and forthwith notify the applicant accordingly.

(4) Within 14 days after the giving to the applicant of a notice of refusal under subsection (3), the applicant may require the Commissioner to refer the claim to a District Court.

(5) The Commissioner shall notify the applicant of the time and place appointed for the hearing of the application by the District Court.

25D. Applications received while rolls temporarily closed - (1) The Commissioner shall not at any time in the period that any roll is temporarily closed, register any application as an elector or voter that the Commissioner receives after 4p.m. on the day before the commencement of that period.

25E. Notice to be given when person ceases to be qualified - (1) Every person who ceases to be qualified to be enrolled as an elector in any constituency or as an individual voter shall give notice of that fact to the Commissioner within one (1) month of his or her ceasing to be so qualified.

(2) Every person who fails to comply with this section commits an offence and is liable upon conviction to a fine not exceeding 2 penalty units.

Objections and Alterations

26. Electors' or voters' objection - (1) Any elector or voter may at any time object to the name of any person being on the roll for a constituency, or individual voters, upon the ground that:

(a) The person is not qualified as an elector in terms of section 16; or

(b) The person is not qualified as a voter in terms of section 19; or

(c) The name should appear on some other roll; or

(d) The person whose name is objected to is also registered as an elector or voter under the same or another name either on the same or another roll.

(2) Every objector shall make his objection in writing specifying particulars of the objection and the grounds thereof, and shall serve his or her objection on the Commissioner and a copy thereof on the person objected to.

(3) Unless within five (5) days after the service of the copy of the objection the person objected to agrees with the Commissioner that the latter may delete the entry objected to, or satisfies the Commissioner that he or she is entitled to have the entry objected to retained on the roll, or the objection is withdrawn, the Commissioner shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.

27. Commissioner's objection - (1) The Commissioner may at any time object to the name of any person being on a roll on the ground that person is not qualified to be registered as an elector or voter, as the case may be.

(2) The Commissioner shall forthwith give notice in writing to the person objected to of the objection and of the particulars and grounds thereof.

(3) Unless within five (5) days after the giving of notice of the objection to the person objected to he or she agrees with the Commissioner that the latter may delete the entry objected to, or satisfies the Commissioner that he or she is entitled to have the entry objected to retained on the roll, or the objection is withdrawn, the Commissioner shall refer the objection to a District Court and shall notify the person objected to of the time and place appointed for the hearing.

(4) Nothing in this section shall affect the provisions of this Act as to the removal by the Commissioner of names from any roll.

28. Time limit for objections and hearings by District Court after temporary closing of rolls - When the roll for any constituency or individual voters has been temporarily closed in accordance with section 34(1) and (2):

(a) No objection shall be made under section 26 or section 27 in respect of any roll unless 21 clear days before polling day remain;

(b) No application or objection referred to a District Court under section 23, section 26 or section 27 shall be determined by the Court within the period of 14 clear days before polling day.

29. Procedure on reference of claim or objection to District Court - (1) The following provisions of this section shall apply with respect to proceedings on the reference to a District Court of a claim under section 23 or of an objection under section 26 or section 27.

(2) The Commissioner, any claimant, any objector, and the person objected to may appear before the Court either in person or by some person appointed by him or her in writing or by a barrister or solicitor.

(3) In the case of an objection the person objected to may forward to the Commissioner of the Court a statement signed by him or her giving reasons why the entry objected to should be retained on the roll, and the Court shall take any such statement into account in determining the objection.

(4) If any person objected to does not either appear or forward a statement as aforesaid the Court shall make an order that the entry objected to be removed from the roll.

(5) Except as otherwise provided in this Act, the entry objected to shall not be removed from the roll until the objection has been determined.

(6) At the hearing of an objection no grounds of objection shall be taken into account except those specified in the written objection.

(7) In any proceedings to which this section applies the Court may make such order as to costs as it thinks fit.

(8) Subject to the provisions of this section, the ordinary rules or procedure of the Court shall apply.

(9) The Commissioner shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the orders of the Court.

Purging of Rolls

30. Commissioner of Births and Deaths to notify adult deaths - The Commissioner of Births and Deaths shall within 48 hours after the registration of the death of any adult person notify the Commissioner to enable him or her to amend any roll if necessary.

31. Commissioner of Marriages to notify women's marriages - (1) The Commissioner of Marriages shall within 48 hours after the marriage of any woman elector or voter send notice thereof to the Commissioner.

(2) On receipt of any such notice the Commissioner shall take all proper steps, after verification of the particulars contained in the notice, to amend any roll if necessary.

(3) If for any reason the alteration is not made in the appropriate roll before polling day the elector or voter shall, if otherwise qualified, be entitled to vote at that election in respect of her former name as appearing on the roll.

32. Removal of names from roll by Commissioner - (1) The Commissioner shall, at any time except as provided in subsection (3), remove from any roll:

(a) The name of every person not qualified to be registered as an elector or voter who requests in writing that his or her name be removed from the roll; and

(b) The name of every person of whose identity the Commissioner is satisfied and whose death has been notified in writing:

(i) By the Commissioner of Births and Deaths; or

(ii) By the spouse, father, mother, brother, sister or child of the deceased and provided that the person so advising the Commissioner is at least 18 years of age.

(c) The name of any person whom the Commissioner upon enquiry is satisfied has ceased to be qualified to be enrolled on that roll if:

(i) The Commissioner has notified that person by delivery to him or her or (if the person cannot be found) by leaving at the last known address a notice of the Commissioner's intention to remove the name of that person from the roll and calling upon the person to show cause why his or her name should not be so removed; and

(ii) After 21 days following the giving of that notice the person has not satisfied the Commissioner that he or she remains qualified to be registered on that roll.

(d) The name of every person whose name is entered on the Corrupt Practices List made out for that Constituency or for the Individual Voters.

(2) Notwithstanding anything in this Act the Commissioner, on being satisfied that the name of any person has been omitted or removed from any roll by mistake or clerical error, or through false information, may restore the name of that person to the roll at any time.

(3) Except as provided in subsection (2) it shall not be lawful for the Commissioner to enter on or remove from any roll the name of any person after the date fixed for the temporary closing of the roll and before the day following the polling day in connection with which the roll has been closed.

(4) If the Commissioner offends against the provisions of this section he or she shall be liable to a fine not exceeding 1 penalty unit for every name improperly entered on or removed from the poll.

(5) In addition to other powers of alteration conferred by this Act, the Commissioner may at any time, subject to subsection (3), alter the roll:

(a) By correcting any mistake or omission in the particulars of the enrolment of a person;

(b) By striking out the superfluous entry when the name of a person appears more than once on the roll.

(6) Where an error made by or on behalf of the Commissioner has resulted in a person being registered as an elector of a constituency other than the constituency in respect of which the person should have been registered.

(7) Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Commissioner shall, on removing that name, enter it on a list to be known as the "list of post-writ day deletions.

32A. Corrupt Practices List - (1) Where it is proved before the Commissioner that any person who is registered or who applies for registration as an elector or voter has within the immediately preceding period of five (5) years:

(a) Been convicted of a corrupt practice; or

(b) Been reported by the Supreme Court in its report on the trial of an election petition to have been proven guilty of a corrupt practice,

the Commissioner shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

(2) The Commissioner shall remove the name of every person from the Corrupt Practices List at the expiration of five (5) years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the Supreme Court.

(3) Whenever a main roll is printed for the constituency or Individual Voters a copy of the Corrupt Practices List for the constituency or Individual Voters shall be appended to it and printed and published with it.

(4) Whenever a supplementary roll is printed for the constituency or Individual Voters a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the constituency or Individual Voters shall be appended to the supplementary roll and printed and published with it.

33. Assistance to be given Commissioner - (1) All members of the Police shall at the request of the Commissioner assist the Commissioner by informing the Commissioner of the name of any person who they believe is registered as a voter but not qualified to be so registered and shall give the Commissioner any information he or she requests relating to the qualifications of any person for registration as a voter.

(2) All members of the Police shall also assist the Commissioner by making such enquiries and obtaining such information as the Commissioner requests.

Closing and Printing of Rolls

34. Rolls closed by the Commissioner - (1) In every year in which a general election is to be held, all rolls shall be temporarily closed on a date to be fixed by the Commissioner which shall not be less than four (4) months before the last possible date for general elections, and after such date no name shall be added to the roll to which it relates until after that election PROVIDED that, despite section 25D, for electors and voters turning 21 years of age within four (4) months up to polling day, their names may be added to the rolls if they apply for registration before the four (4) months period preceding polling day.

(2) Where a by-election is to be held, the roll shall be temporarily closed on a date to be fixed by the Commissioner, and after such date no name shall be added to the roll to which it relates until after that by-election.

(3) The Commissioner shall give public notice of the date the roll or rolls will close at least 15 days before the date so fixed to close the roll or rolls.

35. Main rolls to be printed - (1) From time to time, the Commissioner shall cause the roll for each constituency to be printed, containing the names, numbered consecutively in alphabetical order according to the English alphabet, of all persons whose names are lawfully on the roll. The roll for each constituency shall be in Form No.3 and shall be issued under the hand of the Commissioner.

(2) From time to time the Commissioner shall cause the individual voters' roll to be printed, containing the names, numbered consecutively in alphabetical order, according to the English alphabet of all persons whose names are lawfully on the roll. The roll shall be in Form No.4, and shall be issued under the hand of the Commissioner.

(3) The printed rolls so formed, signed, added to, or altered from time to time as herein provided, shall for the time being be the electoral and individual voters' rolls for Samoa.

36. Supplementary rolls to be printed - (1) The Commissioner may from time to time prepare supplementary rolls containing names added to any roll after the printing of the main roll and an indication of names removed from the main roll, and may cause the same to be printed, and every supplementary roll shall be deemed to be a part of the main roll to which it refers.

(2) The names in any supplementary roll shall be numbered consecutively, starting with the number next higher than the last number on the last printed roll for electors or voters, whether main or supplementary.

36A. Composite to Rolls - (1) The Commissioner may from time to time cause to be printed a composite roll for the constituency or Individual Voters which roll:

(a) Shall subject to any additions alterations and deletions made to the electoral roll for the constituency or Individual Voters contain a list of:

(i) All persons whose names appear on the main roll for the constituency or Individual Voters; and

(ii) All persons whose names appear on any existing supplementary roll for the constituency or Individual Voters; and

(iii) All persons whose names do not appear on the main roll for the constituency or Individual Voters or any existing supplementary roll for the constituency on a date to be fixed for the closing of that composite roll by the Commissioner; and

(b) Shall subject to paragraph (a) be printed in the manner prescribed by section 35 in respect of a main roll.

(2) Where the date for the closing of a composite roll for a constituency or Individual Voters is writ day in relation to an election in that constituency or for Individual Voters the Commissioner of Electors:

(a) Shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and

(b) Shall not be obliged to issue a supplementary roll under the provisions of section 36(1) in relation to that election.

(3) Where a composite roll for a constituency or Individual Voters is printed under this section:

(a) The composite roll shall, notwithstanding section 34, be the main roll until a new main roll is printed for the constituency under section 34(1) and (2) or a new composite roll is printed for the constituency or Individual Voters under this section; and

(b) The main roll and any supplementary rolls that were in force for the constituency or Individual Voters immediately before the date of the closing of the composite roll shall cease to be in force.

(4) Nothing in this section:

(a) Limits the provisions of section 34(1) and (2); or

(b) Prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining:

(i) Whether any person's name should appear on the main roll or any supplementary roll for the time being in force for any constituency or Individual Voters; or

(ii) Whether any person is qualified to vote in any constituency or Individual Voters as a special voter.

36B. Composite rolls required for by-elections - Notwithstanding anything in section 34, the Commissioner shall cause a composite roll for that constituency or for Individual Voters to be closed and printed as at writ day for the by-election.

37. Requirements of printing of rolls - The requirement of printing of rolls may, for the purposes of this Part, be satisfied by typewriting and any mechanical process of reproducing typewritten copies, and the term "printed" wherever used in this Part shall, where necessary, be construed accordingly.

38. Inspection of main and supplementary rolls – (1) Printed copies of the main rolls and of the supplementary rolls shall be kept for inspection by the public at the office of the Commissioner in Apia, at the Post Office in Apia, and at such other convenient places as the Commissioner from time to time directs.

(2) Any person may inspect at the Commissioner's office without payment at any time when the office is open for the transaction of business:

(a) The main rolls and the supplementary rolls so kept;

(b) The applications of any persons who have applied or claimed to be registered as electors or voters but whose names are not on the relevant roll.

(3) A printed copy of the electoral roll for each constituency shall be kept for inspection by the public without payment at convenient times at the residence of each Pulenuu holding office in the constituency concerned.

39. Copies of rolls for Commissioner - Printed copies of the main rolls and supplementary rolls, certified correct by the Commissioner, shall be supplied by him to the Commissioner, as the same are required from time to time for the purpose of conducting any election.

39A. Dormant file - The Commissioner shall create a dormant file showing the particulars of those persons whose names have been removed from the roll for the constituency or Individual Voters as a result of the latest revision of the roll under section 18A.

39AA. Removal of names from dormant file by Commissioner - (1) The Commissioner shall remove from the dormant file:

(a) The name of any person who registers as an elector after the revision of the roll under section 18A has been completed;

(b) The name of every person of whose identity the Commissioner is satisfied and whose death has been notified to the Commissioner in writing:

(i) By any Commissioner of Births and Deaths; or

(ii) By the spouse, father, mother, brother, sister or child of the deceased provided that the person so advising the Commissioner is at least 18 years of age.

(2) Notwithstanding subsection (1), the Commissioner shall keep, for the purpose of the next election to be held in the constituency or for Individual Voters to which the dormant file relates, a copy of the dormant file as first created.

(3) Where more than one revision of the roll takes place under section 18A between two (2) successive elections in a constituency or for Individual Voters, the Commissioner shall keep, for the purposes of the later of these two (2) elections, copies of each of the dormant files as first created.

39AB. Computer compiled list of names on dormant file - (1) The Commissioner shall from time to time cause to be printed a computer compiled list showing the names and other particulars of the persons whose particulars are held in any dormant file.

(2) Copies of each computer compiled list printed pursuant to subsection (1) shall be kept by the Commissioner for the purposes of the next election to be held in the constituency or for Individual Voters to which the file relates.

39AC. Purposes of dormant file and computer compiled lists of names on dormant file- Each dormant file and each computer compiled list printed pursuant to section 39A(1) may be used for the purpose of determining whether any persons is qualified, under section 16, to vote at any election held in the constituency or for Individual Voters to which the file or list relates.

39AD. Inspection of computer compiled list of names on dormant file - (1) A copy of the most recent computer complied list printed pursuant to section 39A for a constituency or for Individual Voters shall be kept for inspection by the public at the office of the Commissioner.

(2) Any person may inspect at the Commissioner's office without payment at any time between 9.00 am and 4.00 pm on any day on which the office is open for the transaction of business any computer compiled list that is kept for inspection by the public at the Commissioner's office.

(3) The Commissioner may, at the request of any person, make any computer compiled list printed pursuant to section 36B available for public inspection, under the supervision of any Deputy Commissioner if the Commissioner is satisfied that a large number of persons are likely to attend the meeting.

(4) Where a list is made available for public inspection under subsection (3), that list shall be made available at such times and places as the Commissioner thinks fit.

(5) In the case of a computer compiled list, neither the power of inspection conferred by subsection (2) nor the power to inspect the list when it is made available for public inspection under subsection (4) includes the power to copy the list.

PART VI
OFFENCES

40. False statements or declarations - Every person who knowingly and wilfully makes a false statement in any claim, application, declaration or objection for the purposes of Part III, Part IV or Part V shall be liable to a fine not exceeding 8 penalty units or to imprisonment for a term not exceeding 6 months.

41. Wilfully misleading Commissioner - (1) Every person shall for each offence be liable to a fine not exceeding 8 penalty units or to imprisonment for a term not exceeding six (6) months who:

(a) Wilfully misleads any Commissioner in the compilation of any roll, or wilfully enters or causes to be entered thereon any false or fictitious name or qualification or the name of any person whom he or she knows to be dead; or

(b) Signs the name of any other person, whether requested to do so or not, or any false or fictitious name, to any form of claim, application, declaration or objection for the purposes of Part III, Part IV or Part V either as claimant, applicant, declarant, objector or witness; or

(c) Signs his or her name as witness to any signature upon any such form of claim, application, declaration or objection without either seeing the signature written or hearing the person signing declare that the signature is in his or her own handwriting and that the name so signed is his or her own proper name.

(2) It shall be the duty of the Commissioner to institute a prosecution against any person whom he or she believes to have committed any offence against this section, or the offence of aiding, abetting, counselling, or procuring the commission of any such offence by any person.

42. Failure to deliver claim or application - Every person shall be liable to a fine not exceeding 1 penalty unit who, having obtained possession of a claim or application for registration signed by any other person for the purpose of being delivered to the Commissioner for registration, wilfully or negligently fails so to deliver it so that the claimant's or applicant's name is not entered on the roll in question.

43. Misfeasance of Commissioner - Every Commissioner who knowingly and wilfully does anything contrary to the provisions of Part III, Part IV or Part V or who knowingly and wilfully omits to do anything required by Part III, Part IV or Part V to be done by him or her, shall be liable if no other penalty is elsewhere in this Act provided, to a fine not exceeding 1 penalty unit.

PART VII
GENERAL ELECTIONS AND BY-ELECTIONS

General Elections

44. Head of State's writ for election - For every general election the Head of State shall, not later than seven (7) days after the day of the dissolution or expiration of the last Parliament as the case may be, under the Head of State's hand issue a writ of election to the Commissioner for the conduct of the election of members of Parliament for all Territorial Constituencies and Individual Voters.

45. Writs for general elections - On receipt of the Head of States writ for general elections the Commissioner shall within three (3) days give public notice of the writs.

45A. Content of writ - (1) In every writ for the election of a member of Parliament there shall be appointed:

(a) The latest day for nomination of candidates being a date not earlier than the 12th day and not later than the 14th day from writ day; and

(b) The latest day for the withdrawal of nominations which shall be the 7th day from nomination day, and;

(c) A day for the polling to take place if a poll is required, being a Friday; and

(d) The latest day for the return of the writ being the 45th day after its issue.

(2) Polling Day shall not be earlier than the 12th and not later than the 14th day after nomination day.

45B. Commissioner to notify Commissioner - The Commissioner shall forthwith on signing a writ for an election to be held in any constituency or for individual voters cause a notice of the issue of the writ to be sent to the Commissioner.

45C. No writ to issue pending election petition – If after the petition has been presented against the return of any member representing a constituency, or individual voters, his or her seat becomes vacant on any of the grounds mentioned in section 5 of this Act, no writ to fill the vacancy shall be issued until after the petition has been disposed of, and not then if the Court determines that member was not duly elected and that some other person was duly elected.

By-Elections

46. Speaker's warrant for issue of writ - (1) Where: 

(a) Parliament is not in session; or

(b) The Legislative Assembly is adjourned and is not due to meet again for more than 14 days,

and it appears to the Speaker that the seat of any member has become vacant, the Speaker shall forthwith cause a notice of the vacancy and of the cause thereof to be published in the Gazette.

(2) Where the vacancy arises from death or resignation the Speaker shall, forthwith upon the publication of the notice in the Gazette, by warrant under the Speaker's hand direct the Commissioner to proceed forthwith to issue a writ to supply the vacancy.

(3) Where the vacancy arises from any cause other than death or resignation, then, as soon as conveniently may be after the expiration of 10 days from the date of the publication of the notice in the Gazette, the Speaker, on its being established to the Speaker's satisfaction that a vacancy does exist, shall, by warrant under the Speaker's hand, direct the Commissioner to proceed forthwith to issue a writ to supply the vacancy.

(4) Where a vacancy exists at the commencement of any session and no writ has been issued to supply the vacancy, or where a vacancy occurs during a session, the Speaker shall forthwith upon being ordered to do so by the Legislative Assembly, by warrant under the Speaker's hand, direct the Commissioner to proceed forthwith to issue a writ to supply the vacancy.

(5) Nothing in subsections (1) to (4) applies in respect of any vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

46A. Power to resolve in certain cases that by election not be held - Notwithstanding anything in section 46, no writ shall be issued for a by-election to supply a vacancy in the Legislative Assembly if:

(a) The vacancy arises in the period of six (6) months ending with the date of the expiration of the Parliament; or

(b) Following the tabling in the Legislative Assembly by the Prime Minister of a document informing the Assembly that a general election is to be held within six (6) months of the occurrence of the vacancy.

46B. Writ for by-election - The Commissioner shall as soon as reasonably practicable after receiving a warrant, but in any case not later than 21 days after the date of the receipt of the warrant, issue a writ for election to supply the vacancy:

PROVIDED THAT, in any case in which it appears appropriate, the Head of State may, by Order, authorise the Commissioner to postpone the issue of a writ until such day as may be specified in the Order being not later than 42 days after the date of the receipt of the warrant.

47. When Deputy Speaker to act for Speaker - Where a vacancy occurs at a time when there is no Speaker or the Speaker is absent from Samoa, the Deputy Speaker shall cause a like notice to be inserted in the Gazette, and the like proceedings to be taken as are provided for in section 46.

Nominations

48. Nomination of candidates - (1) Any person qualified under Part II may, with the person's consent, be nominated as a candidate for election for any constituency or for the individual voters, by not less than two (2) registered electors of that constituency, or by two (2) registered voters, as the case may be, by a nomination paper in form No.5.

(2) Consent to the nomination of any person shall be given by that person in writing or by telegram, but need not be given at the time when the nomination paper is lodged.

(3) Every nomination paper and every consent shall be lodged with or given to the Commissioner not later than noon on nomination day. The Commissioner shall give a receipt in writing for every nomination accepted by him or her.

(4) Each candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the Commissioner, is sufficient to identify the candidate.

(5) No elector or voter may nominate more than one (1) candidate.

(6) Any registered elector or voter may inspect any nomination paper or consent at the Commissioner's office without payment at any time when the office is open for the transaction of business.

49. Nomination fee - Every candidate, or some person on the candidates behalf, shall pay to the Commissioner a nomination fee of $300 not later than noon on nomination day.

50. Acceptance or rejection of nomination - (1) The Commissioner shall reject the nomination of any candidate:

(a) If the nomination paper and the consent of the candidate are not lodged with him or her not later than noon on nomination day; or

(i) If the consent of the Candidate does not state that he or she is qualified to be elected a member of Parliament in terms of Part II of the Electoral Act 1963 and of any other enactment; or

(b) If the nomination paper does not state that the candidate is a registered elector of a specified constituency, or, registered as an individual voter; or

(c) If the nomination paper is not signed by at least two (2) registered electors of the constituency for which the nomination is made, or, in the case of an individual voter, by at least two (2) registered voters; or

(d) If the nomination fee is not paid as required by this Act; or

(e) If the nomination paper is not accompanied by a statutory declaration in Form 1D in the First Schedule.

(2) Repealed by the Electoral Amendment Act 2009, No.21.

51. Advertisement of nomination - At the hour of noon on the day appointed for the nomination of candidates, or as soon thereafter as practicable, the Commissioner, shall cause the names of all candidates so nominated to be posted in a conspicuous place outside the place named in the said public notice, and shall in each constituency give public notice of the nominations for that constituency.

52. Withdrawal of nomination - (1) Not later than seven (7) days from nomination day, a candidate may sign and deliver or cause to be delivered to the Commissioner a paper in Form 6 in the First Schedule, stating that the candidate withdraws his or her nomination. The Commissioner shall give public notice thereof.

(2) No withdrawal of nomination which does not comply with subsection (1) shall have any effect.

(3) If any candidate withdraws his or her nomination in accordance with subsection (1), the candidate shall not be capable of being elected at any poll which it may still be necessary to hold.

53. Procedure where nominations insufficient - (1) If there is only one member to be elected for any constituency or by individual voters, and if no candidate is nominated or if the only candidate nominated withdraws his or her nomination, the Commissioner shall, after the expiration of three (3) months from polling day, declare the seat to be vacant and thereupon the provisions of section 47 shall apply.

(2) If there is more than one member to be elected for any constituency or by individual voters, and if no candidate is nominated or if the number of candidates nominated is less than the number of members to be elected, or if any candidate or candidates who have been nominated withdraw his, her or their nominations and the number of candidates who remain (if any) is less than the number of members to be elected, the Commissioner shall, after the expiration of three (3) months from polling day, declare to be vacant any seat in excess of the number of remaining nominations and thereupon the provisions of section 47 shall apply to each such vacant seat.

Contested Elections

54. Procedure where election not contested - (1) The Commissioner shall, by public notice on or before polling day, in respect of any constituency or individual voters, declare that the candidate or candidates shall be deemed to be elected, and report accordingly to the Head of State:

(a) If there is only one member to be elected and if only one candidate is nominated, or if any candidate who has been nominated withdraws his or her nomination and there remains only one candidate; or

(b) If there is more than one member to be elected and if the number of candidates nominated is equal to or less than the number of Members to be elected, or if any candidate or candidates who have been nominated withdraw his or their nomination and the number of candidates who remain is equal to or less than the number of members to be elected.

(2) Thereupon the Head of State shall, by warrant under the Head of State's hand, declare such candidate or candidates to be elected.

55. Public Notice of polling day and candidates - If the number of candidates exceeds the number of Members to be elected, the Commissioner shall forthwith give a second public notice of polling day, and public notice of the names of the candidates.

56. Form of ballot papers - (1) The ballot papers to be used at any election shall be in Form 7.

(2) Forthwith after nomination day for an election, the Commissioner shall, if a poll is required to be taken, cause ballot papers to be printed in sufficient numbers for the election.

(3) Every ballot paper shall contain a list of all the persons nominated as candidates who have not withdrawn their nominations (which list shall be in the manner prescribed by this Act).

(4) On the ballot paper:

(a) The names of candidates shall be arranged alphabetically in order of their surnames;

(b) The given names of the candidates shall follow the candidates surname;

(c) The surnames of the candidates shall (except in the case of a special ballot paper that is not printed) be in large characters and bold type;

(d) The name of the political party of the candidate, if any:

(i) Shall be shown immediately below the candidate's name; and

(ii) Shall be in characters that are smaller than those used for the surname of the candidate; and

(iii) Shall not be in bold type.

(e) Such other matter, if any, as may be necessary to distinguish the names of the candidates shall be shown.

(5) No candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election, but shall have the word "independent" shown on the ballot paper immediately below that candidate's name.

(6) Subject to subsection (4)(e), no other identification, such as occupation, title, honor, or degree, shall be included on the ballot paper in relation to any candidate's name or political party.

(7) A square shall be shown on the ballot paper to the right of each candidate's name.

(8) Every ballot paper shall have a counterfoil in Form 8.

(9) There shall also be printed on the top right-handed corner of every ballot paper and in the space provided in the counterfoil attached thereto, a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive, so that no 2 ballot papers for the Constituency or Individual Voters shall bear the same number.

(10) Where any question arises concerning the order or manner in which the names of the candidates or the names of political parties are to be shown on the ballot paper, the Commissioner shall decide the question.

56A. Name of political party - (1) Where a name is shown on a nomination paper or other document in which a candidate lists a registered political party, the Commissioner may require confirmation of such candidates eligibility to claim that accreditation.

(2) No unregistered political party shall be recognised by the Commissioner.

Death of Candidate

57. Death before close of nomination - (1) Where a candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations the nomination shall be treated in all respects as if it had not been made, and the nomination fee shall be returned to the personal representatives or, as the case may be, to the person who paid it.

(2) Where in any such case the candidate dies on nomination day or on the day before nomination day the time for the close of nominations in that constituency, or for individual voters (if the candidate is an individual voter), shall be deemed to be postponed by five (5) days.

58. Death after close of nominations - (1) If any candidate dies after the close of nominations and before the close of the poll or if the successful candidate dies after the close of the poll and before the declaration of the result of the poll, the provisions of this section shall apply.

(2) The election shall be deemed to have failed and the seat shall be deemed to be vacated.

(3) Where the candidate dies before polling day the Commissioner shall, upon being satisfied of the fact of the death, countermand the notice of the poll in that particular constituency or for individual voters as the case may be.

(4) Where the candidate dies on polling day before the close of the poll the Commissioner or the Presiding Officer shall, upon being satisfied of the fact of the death, immediately close the poll and declare it to be null and of no effect.

(5) Where the candidate dies after the close of the poll and before the declaration of the result of the poll, and it is found on the completion of the count of votes or on a recount that the candidate, if still living, would have been elected the Commissioner shall, upon being satisfied of the fact of the death, endorse on the report to the Head of State the fact of the death and that the candidate, if still living, would have been elected.

(6) The provisions of this Act as to equality of votes between candidates shall apply notwithstanding the death of one of those candidates after the close of the poll.

(7) Where the poll is interrupted in consequence of the death of a candidate all ballot papers placed in the several ballot boxes shall be taken out by the several Presiding Officers and, being made up into secured packages, shall be sent unopened to the Commissioner, who shall forthwith destroy them in the presence of a District Court Judge or other judicial officer.

(8) A fresh public notice shall be issued by the Commissioner forthwith for a new election and, except as otherwise provided, all proceedings in connection with the new election shall be had and taken anew.

(9) The main roll and supplementary rolls which were to be used at the election which has failed shall be used at the new election without any amendment or addition.

(10) It shall not be necessary to nominate afresh any candidate who at the time of the countermand or close of the poll was a duly nominated candidate:

PROVIDED THAT any such candidate may withdraw his nomination not later than five (5) clear days before the new polling day.

(11) All appointments of polling places made in respect of the election which has failed shall continue in respect of the new election.

Polling at Elections

59. Polling places - (1) The Commissioner shall by public notice, given at least seven (7) days before polling day, appoint a sufficient number of polling places in each constituency where an election is being held and for individual voters, for the taking of the poll.

(1A) The Commissioner may also designate polling places for any constituency which may be located outside the territorial boundaries of such constituency where considered appropriate.

(2) No polling place shall be appointed either for the receipt of ordinary or special votes outside the islands of Upolu, Savaii or Manono.

60. Polling booths, ballot boxes, ballot papers, etc. - The Commissioner shall provide the following things for taking the poll:

(a) One or more rooms for polling booths at each polling place, and in each booth one or more inner compartments, separated from but opening into the booth and having no other opening;

(b) In each inner compartment pencils for use of the electors or voters or other suitable facilities for the marking of ballot papers;

(c) In each booth one or more ballot boxes having a lock and key and a slit in the upper side by which the ballot papers may be put into the box;

(d) In each booth one or more copies of the main roll and supplementary rolls for the constituency or individual voters, as the case may be, and a sufficient number of ballot papers.

61. Allocation of Officers - (1) The Commissioner shall prescribe the constituency or constituencies in which and the individual voters in respect of which Electoral Officers, Deputy Electoral Officers, poll clerks and interpreters shall exercise their functions.

(2) A Electoral Officer shall have the powers and may perform any of the duties of the Commissioner in the constituency or constituencies or in respect of the individual voters to which he or she is appointed and shall be subject to the authority and control of the Commissioner.

(3) The Commissioner shall exercise supervision over the functions of Electoral Officers, Deputy Electoral Officers, poll clerks and interpreters, and may give any such officers directions as to the performance of their duties.

62. Deputy Returning Officers, poll clerks, and interpreters - (1) The Commissioner shall appoint for each polling booth a Deputy Electoral Officer to conduct the poll at that booth and one or more poll clerks to assist the Deputy Electoral Officer, and may appoint such additional Deputy Electoral Officers and poll clerks and such interpreters as he or she considers necessary.

(2) A Electoral Officer may himself exercise all the powers, duties, and functions of a Deputy Electoral Officer in respect of any one polling booth.

(3) Any Electoral Officer or Deputy Electoral Officer may at any time on or before polling day appoint in writing a substitute to act for him or her in respect of that election in case of his or her absence from duty.

(4) If the Deputy Electoral Officer fails to open the polling at any booth, or if he or she is absent from duty and has not appointed a substitute, any poll clerk at the booth may act for him or her and in that event shall be deemed to be his or her substitute.

(5) Every substitute while acting for any Electoral Officer or Deputy Electoral Officer shall have all the powers, duties, and functions of that Electoral Officer or Deputy Electoral Officer.

63. Poll clerks and interpreters to make declaration - Every poll clerk and interpreter shall before the poll, and every substitute for a Deputy Electoral Officer shall before acting, make a declaration in form No.1 before the Commissioner, Electoral Officer, another Deputy Electoral Officer or a person authorised to take a statutory declaration by section 21 of the Oaths, Affidavits and Declarations Act 1963.

64. Scrutineers - (1) Each candidate may, by writing under his or her hand, appoint one scrutineer for each polling booth at any election.

(2) Every scrutineer shall, before being allowed to act, make a declaration in Form No.1 before a Electoral Officer, a Deputy Electoral Officer or a person authorised to take a statutory declaration by section 21 of the Oaths, Affidavits and Declarations Act 1963.

(3) Any scrutineer who during the hours of polling leaves the polling booth to which he or she is appointed, without having first obtained the permission of the Presiding Officer at that polling booth, shall not be entitled to re-enter the booth or to resume his scrutiny.

(4) Nothing in this Act shall render it unlawful for a scrutineer to communicate to any person information as to the names of persons who have voted.

(5) No candidate shall act as a scrutineer under this Act.

65. Hours of polling - (1) The poll at every election shall commence at 8 o'clock in the morning of polling day, and, except as otherwise provided in this Act, shall finally close at 3 o'clock in the afternoon of the same day or at 7 o'clock in the evening of the same day if polling day is a Saturday.

(2) Every elector or voter who at the close of the poll is present in a booth for the purpose of voting shall be entitled to receive a ballot paper and to mark and deposit it in the same manner as if he or she had voted before the close of the poll.

65A. Amendments to Public Holidays Act 2008 – (1) The definition of "public holiday" in section 2 of the Public Holidays Act 2008 is amended by:

(a)	inserting after paragraph (m) the following paragraph:

"(n) polling day and the day immediately preceding polling day in any general elections"; and

(b)	renaming the current paragraph "(n)" to paragraph "(o)".

(2) Section 5 of the Public Holidays Act 2008 is amended by inserting after paragraph (m) the following paragraph:

"(n) the Electoral Commissioner, his or her staff and such assistants working under his or her direction on public holidays during elections.

The Ballot

66. Ballot box to be kept locked during poll - The Presiding Officer at each polling booth shall, before the opening of the poll, and in the sight of any of the scrutineers present, see that the ballot box is empty, and shall close and lock it, and retain the key in his or her possession; and the ballot box shall not again be opened until after the close of the poll:

PROVIDED THAT, if the lock of a ballot box is damaged or defective so that the box cannot be locked, the Presiding Officer shall securely seal the box instead of locking it.

67. Persons not to remain in polling booth - Not more than 6 electors or voters shall be allowed in a polling booth or more than one elector or voter in any inner compartment at one and the same time; and no person shall be allowed to remain in any polling booth except the Presiding Officer and his or her clerks, any of the scrutineers, an interpreter, and as many constables as the Presiding Officer thinks necessary to keep the peace.

68. Person not to be spoken to in booth - (1) No scrutineer or other official or unofficial person shall speak to any elector or voter in a polling booth either before or after the elector or voter has given his or her vote, except only the Presiding Officer or poll clerk (with an interpreter if necessary), who may ask the questions he or she is authorised to put, and give such general directions as may assist any elector or voter to give his or her vote, and in particular may on request inform an elector or voter orally of the names of all the candidates in alphabetical order.

(2) Every person who offends against this section shall be liable on summary conviction to a fine not exceeding 1 penalty unit, and may be at once removed from the booth by order of the Presiding Officer.

69. Questions may be put to elector or voter - (1) The Presiding Officer may, and if so required by any scrutineer shall, before allowing any person to vote, put to him or her the following questions:

(a) Are you the person whose name appears as A.B. in the roll now in force for the (Name) constituency, or the individual voters' roll, as the case may be?

(b) Are you still possessed of the qualifications in respect of which you are enrolled?

(c) Have you already voted at this election?

(2) In every such case the Presiding Officer shall require the questions to be answered in writing signed by the person to whom they are put.

(3) Every person to whom those questions are put who does not answer them, or does not answer the first and second in the affirmative and the third in the negative, shall not be permitted to vote.

(4) Every person who wilfully and knowingly makes a false answer to any of the questions that the Presiding Officer may put to him or her under this section shall be liable to a fine not exceeding 2 penalty units.

70. Issue of ballot papers - (1) Every Presiding Officer shall, in accordance with the provisions of this section, issue ballot papers to all electors or voters who apply to vote at the booth in respect of which he or she is appointed.

(2) The elector or voter shall state his or her name to the Presiding Officer and shall give such particulars as may be necessary to identify the entry in the printed rolls relating to the elector or voter.

(3) If the name of the elector or voter appears in the rolls a line shall be drawn through his or her name and number.

(4) If the name of the elector or voter appears in the rolls the Presiding Officer shall then issue to the elector or voter a ballot paper after he or she has prepared it in the following manner:

(a) Unless a consecutive number has been printed on the ballot paper and on the counterfoil, he or she shall enter on both the counterfoil and the back of the ballot paper in the spaces provided a number (called a consecutive number), beginning with the number one in the case of the first ballot paper issued by him or her, and on all succeeding papers issued by him or her the numbers shall be consecutive, so that no 2 ballot papers issued in the same booth shall bear the same number;

(b) He or she shall then fold over the corner of the ballot paper on which the consecutive number appears and shall firmly fix a piece of gummed paper over that corner so as effectively to conceal the consecutive number;

(c) On the counterfoil of the ballot paper he or she shall write his or her initials, and the number appearing in the roll against the name of the elector or voter;

(d) He or she shall place the official booth stamp on the perforation between the counterfoil and the back of the ballot paper.

(5) Every Presiding Officer who fails faithfully to perform any duty imposed by this section, by reason whereof any of the requirements of the section are not effectively fulfilled, shall be liable to a fine not exceeding 2 penalty units:

PROVIDED THAT, insofar as the failure relates to the duty of fixing a piece of gummed paper over the consecutive numbers so as effectively to conceal it, it shall be a sufficient defence if he or she satisfies the Court that he or she took all reasonable precautions to secure the same.

70A. Who may vote - Subject to the other provisions of this Act any person whose name lawfully appears on the main roll or any supplementary roll for a constituency or on the main or supplementary individual voters' roll as the case may be and who is qualified to be registered as an elector for the constituency or as an individual voter shall be qualified to vote at an election in that constituency or as an individual voter as the case may be.

70B. Repealed by the Electoral Amendment Act 2005 (No. 3)

70C. Special voters - A person who is qualified and registered to vote at any election in any constituency and wishes to cast his or her vote for that constituency may vote as a special voter at a polling place outside that constituency.

70D. Voting by special voters - (1) Notwithstanding anything to the contrary in this Act, a special voter may vote at such place within Samoa, at such time, in such manner, and upon or subject to such conditions as appear in this Act or are as may be prescribed in that behalf by regulations made under this Act.

(2) Different methods of voting may be prescribed for different classes of special voters.

(3) The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot paper for any district may be in a different series from that used for the ordinary ballot papers.

(4) Each candidate may, by writing under his or her hand, appoint one scrutineer to be present at the office of the Commissioner when the Commissioner is performing duties in relation to declarations in respect of special votes.

(5) Every scrutineer shall, before being allowed to act, make a declaration in Form 1 before a Electoral Officer or the Deputy Electoral Officer or a person authorised to take a statutory declaration by section 21 of the Oaths, Affidavits and Declarations Act 1963.

(6) No candidate shall act as scrutineer under this section.

(7) Subject to the provisions of this section and section 70C of this Act, and to the provisions of any regulations made for the purposes, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

70E. Employees to have time off to vote - (1) Every elector or voter employed in the services and places of employment in section 5 of the Public Holidays Act 2008 shall be given reasonable time for the purpose of voting and it shall not be lawful for any employer to make any deduction from any renumeration payable to any such worker in respect of such absence.

(2) Repealed by the Electoral Amendment Act 2009, No.21.

(3) Repealed by the Electoral Amendment Act 2009, No.21.

71. Method of voting - (1) The elector or voter, having received a ballot paper, shall immediately retire into one of the inner compartments provided for the purpose, and shall there alone and secretly indicate on the ballot paper the candidate or candidates for whom he or she desires to vote by marking a cross in a square set opposite to the name of each:

PROVIDED THAT no ballot paper shall be rejected as informal that clearly indicates the candidate or candidates for whom the elector or voter intended to vote whether that indication is made in the manner prescribed by this section or otherwise. 

(2) Every elector or voter shall, before leaving the inner compartment, fold his or her ballot paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box.

72. Spoilt ballot papers - (1) Any elector or voter who, not having deposited his or her ballot paper in the ballot box, satisfies the Presiding Officer that he or she has spoilt it by inadvertence may be supplied with a fresh ballot paper, but only after the spoilt one has been returned to the Presiding Officer.

(2) The Presiding Officer shall:

(a) Cancel every such spoilt ballot paper by writing across the face thereof the words "Spoilt by elector or voter, and a fresh ballot paper issued" and writing his or her initials thereon;

(b) If any ballot paper is inadvertently spoilt by the Presiding Officer or any other official, cancel it by writing across the face thereof the words "Spoilt by official" and also the words "and a fresh ballot paper issued" if that is the case, and writing his or her initials thereon;

(c) Retain all spoilt ballot papers in his or her possession until the close of the poll.

(3) The Presiding Officer shall make up into separate packets and shall deliver to the Commissioner as soon as practicable after the close of the poll all spoilt ballot papers at the polling booth at which he or she presided.

(4) The provisions of section 83(1) providing for the disposal of ballot papers shall apply with respect to the disposal of spoilt ballot papers.

73. Voter blind or unable to read or write - (1) Any elector or voter who is wholly or partially blind, or is unable to read or write (whether because of physical handicap or otherwise), or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.

(2) At the request of any such elector or voter who has received a ballot paper the Presiding Officer shall accompany him or her into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the elector or voter with the assistance of the Presiding Officer or may be marked by the Presiding Officer in accordance with the instructions of the elector or voter.

(3) The person assisting the elector or voter shall sign his or her name on the back of the ballot paper and shall add the words "Witness for blind or partially blind person" or "Witness for person unable to read or write" or "Witness for person not familiar with the English language", as the case may be, and shall fold the ballot paper so that its face cannot be seen before depositing it in the ballot box.

(4) A poll clerk or some other person nominated by the elector or voter may also accompany him or her into the inner compartment and may, if so desired by the elector or voter, inspect the ballot paper before it is deposited in the ballot box.

(5) Every person who is present in accordance with this section or with any regulations when an elector or voter votes and who communicates at any time to any person any information obtained as to the candidate for whom the elector or voter is about to vote or has voted, or as to the number on the ballot paper given to the elector or voter, commits an offence, and shall be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding 5 penalty units, or both.

74. Procedure when second vote given in same name - If any person proposing to vote at any election gives as his or her name the name of any person to whom a ballot paper has already been given at the same election, he or she shall be dealt with in all respects in like manner as any other elector or voter:

PROVIDED THAT the ballot paper of any such person shall not be deposited in the ballot box or be allowed by the Presiding Officer, but shall be set aside for separate custody.

Preliminary Counts of Votes

75. Procedure after close of poll - (1) At each polling booth the Presiding Officer shall, as soon as practicable after the close of the poll, in the presence of such of the scrutineers as choose to be present and the poll clerks, but of no other person, perform the following duties:

(a) He or she shall make up into separate parcels:

(i) The certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted; and

(ii) All the counterfoils of ballot papers that have been issued to electors or voters; and

(iii) All the spoilt ballot papers; and

(iv) All the unused ballot papers.

(b) He or she shall then open the ballot boxes and, taking therefrom all the ballot papers therein, proceed to ascertain the number of votes received by each candidate;

(c) He or she shall set aside as informal all ballot papers which do not clearly indicate the candidate for whom the elector or voter desired to vote;

(d) He or she shall announce the result of the voting at the polling booth at which he or she presides and arrange for the result of the voting to be transmitted as soon as possible to the Commissioner;

(e) He or she shall make up into separate parcels:

(i) The used ballot papers, together with (but in separate enclosures) the ballot papers set aside as informal, and the ballot papers set aside under section 74; and

(ii) A certificate signed by himself or herself of the number of votes received by each candidate, the number of ballot papers set aside as informal, the number of ballot papers set aside under section 74, the number of spoilt ballot papers, the number of unused ballot papers, and the numbers of ballot papers originally delivered to him or her.

(2) The Commissioner (and his or her assistants) or such Returning Officers as designated by the Commissioner to scrutinise the particular roll, shall be present at the scrutiny in addition to one person appointed as scrutineer by each candidate.

(3) The Presiding Officer shall forthwith forward all the parcels mentioned in this section to the Commissioner.

PART VIII
PROCEDURE AFTER POLLING DAY

Scrutiny of the Rolls

76. Arrangements for scrutiny of the rolls - (1) The Commissioner shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll, and shall give at least three (3) clear days' notice in writing to each of the candidates of the time and place at which he or she will commence the scrutiny.

(2) No person other than the Commissioner and his assistants, and one person appointed as scrutineer by each candidate for the purpose, shall be present at the scrutiny.

(3) No candidate shall act as scrutineer under this section.

(4) A scrutineer may be appointed under this section by telegram.

77. Marked copies of rolls to be compared - (1) The Commissioner shall, in the presence and hearing of his or her assistants (if any) and such scrutineers as choose to be present, but of no other person, compare one with another all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and shall on an unmarked copy of the main roll and every supplementary roll (called the master roll) draw a line through the number and name of any elector or voter who is shown on any of the certified copies of the rolls at having received a ballot paper.

(2) If on that comparison, or from the report of a Presiding Officer on the ballot papers set aside under section 74, and after such inquiry as the Commissioner deems necessary, it appears that the same elector or voter has received more than one ballot paper, the Commissioner shall, in the presence of his or her assistants (if any) and such scrutineers as choose to be present but of no other person open the parcel or parcels of ballot papers used at the polling booth or polling booths at which that elector or voter appears to have received a ballot paper, and shall select therefrom the ballot papers which appear from their consecutive numbers and counterfoils to have been issued to that elector or voter, and shall disallow every vote appearing to have been given by means of the ballot papers so selected:

PROVIDED THAT, if the Commissioner is satisfied that one and only one of the ballot papers was lawfully received by the elector or voter entitled thereto and that he or she was not in any way concerned in the issue of the other ballot paper or ballot papers, the Commissioner shall not disallow the vote of that elector or voter under this section but shall disallow the other vote or votes.

(3) Except in the case of the ballot papers so selected therefrom, the Commissioner shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the candidate for whom any particular elector or voter has voted.

78. Parcels to be secured after scrutiny - (1) When the Commissioner has selected from any parcel all the ballot papers he or she is required to select therefrom, he or she shall forthwith, in the presence of his assistants (if any) and such scrutineers as choose to be present, but of no other person, close and secure the parcel and shall endorse a memorandum of the fact of the ballot papers having been selected from that parcel, specifying the same by the name of the person to whom the same appear to have been delivered, and shall sign the endorsement with his or her name.

(2) The Commissioner shall set aside all ballot papers selected by him or her from any parcel as herein provided, and shall in the presence of his or her assistants (if any) and such scrutineers as choose to be present, but of no other person, secure those ballot papers in a separate parcel, and shall endorse the parcel with a description of the contents thereof, and shall sign the endorsement with his or her name.

Official Count and Declaration of Poll

79. Counting of votes - (1) On completion of the scrutiny hereinbefore directed the Commissioner, with such assistants and such Returning Officers designated under section 76, as the Commissioner deems necessary, and in the presence of such of the scrutineers appointed under section 76 as choose to be present, but of no other person, shall select and open one of the parcels of used ballot papers referred to in section 75(1)(e) and shall mark each ballot paper therein with a number in consecutive order, beginning with the number one, so that no 2 ballot papers in that parcel shall bear the same number:

PROVIDED THAT the procedure set out in this subsection need not be delayed until the inquiries under section 77(2) have been completed, but the ballot papers from any particular polling booth shall not be counted until any inquiries in respect of ballot papers from that booth have been completed.

(2) When the ballot papers from the parcel so selected have been marked as aforesaid the Commissioner shall make a record of the last number marked, and shall then, in the presence of his or her assistants (if any) and such of the scrutineers as choose to be present, but of no other person, deal with the ballot papers as follows:

(a) He or she shall reject as informal any ballot paper:

(i) That does not bear the official mark if there is reasonable cause to believe that it was not issued to an elector or voter by any Presiding Officer; or

(ii) That does not clearly indicate the candidate for whom the elector or voter desired to vote; or

(iii) That has anything not authorised by this Act written or marked thereon by which the elector or voter can be identified; or

(iv) That purports to vote for more candidates than the number of candidates to be elected:

PROVIDED THAT no ballot paper shall be rejected as informal by reason only of some informality in the manner in which it has been dealt with by the elector or voter if it is otherwise regular, and if in the opinion of the Commissioner the intention of the elector or voter in voting is clearly indicated:

PROVIDED ALSO THAT no ballot paper shall be rejected as informal by reason only of some error or omission on the part of an official, if the Commissioner is satisfied that the elector or voter was qualified to vote at the election:

(b) The Commissioner shall then count the number of votes received by each candidate, and the number of votes rejected as informal, and compare the result of that count with the certificate of the Presiding Officer in respect of the preliminary count, and shall, where necessary, amend that certificate, and every such certificate shall be initialed by the Commissioner.

(c) The Commissioner shall then make up and secure the parcel anew, and endorse thereon a memorandum specifying the number of ballot papers contained in the parcel, the number of votes received by each candidate, the number of informal ballot papers, the name of the polling place, and the number of the booth at which the votes were recorded; and the endorsement shall be signed by the Commissioner.

(3) After the ballot papers from one parcel have been dealt with in the manner aforesaid, those from the remaining parcels shall be successively dealt with in like manner, the marking of the ballot papers to commence with the number one in the case of each parcel.

(4) The final count of the number of votes under this section shall be conducted by the Commissioner and if he or she so chooses, with the assistance only of his or her full time staff.

80. Declaration of result of poll - (1) When all the ballot papers have been dealt with as aforesaid the Commissioner, having ascertained the total number of votes received by each candidate, shall forthwith declare the result of the poll including the number of votes received by each candidate by giving public notice thereof in Form No.9 and report the result of the poll to the Head of State.

Thereupon the Head of State shall:

(a) Receive from the Commissioner the return of the writ issued by the Head of State to the Commissioner to conduct elections; and

(b) By warrant under his hand declare the successful candidate or candidates to be elected.

(2) Where there is an equality of votes between candidates and the addition of a vote would entitle one of those candidates to be declared elected, the Commissioner shall forthwith apply to a District Court Judge for a recount under section 81, and all the provisions of that section shall apply accordingly, except that no deposit shall be necessary.

Recount

81. Application to District Court Judge for recount - (1) Where any candidate has reason to believe that the declaration by the Commissioner of the number of votes received by each candidate is incorrect, and that on a recount thereof the first-mentioned candidate might be found to be elected, he or she may, within three (3) days after the public notice of the result of the election, apply to a District Court Judge for a recount of the votes.

(2) Every such application shall be accompanied by a deposit of $500.

(3) The District Court Judge shall cause a recount of the votes to be commenced within three (3) days after receiving the application, and shall give notice in writing to the Commissioner and to each of the candidates or their scrutineers of the time and place at which the recount will be made.

(4) The recount shall be made in the presence of the District Court Judge or of an officer appointed by him or her for the purpose, and shall as far as practicable be made in the manner provided in the case of the original count:

PROVIDED THAT no person shall be present at the recount except the District Court Judge or the officer appointed by the Judge, his or her assistants (if any), the Commissioner and his or her assistants (if any) and the scrutineers appointed under section 76.

(5) In any case where on any recount under this section there is an equality of votes between candidates and the addition of a vote would entitle one of those candidates to be declared elected the Commissioner shall determine by lot which candidate shall be elected.

(6) The District Court Judge shall have all the powers that the Commissioner had on the original count, and may reverse any decision made by the Commissioner in the exercise of those powers.

(7) If on the recount the District Court Judge finds that the declaration of the result of the poll was incorrect the Judge shall order the Commissioner to make an amended declaration of the result of the poll by giving public notice thereof in Form No.9 and to give an amended report of the result of the poll to the Head of State. Thereupon the Head of State shall, by warrant under the head of State's hand, revoke the previous warrant and declare the successful candidates to be elected.

(8) The District Court Judge may make such order as to the costs of and incidental to the recount as the Judge deems just, and, subject to any such order, shall direct the deposit made under this section to be returned to the person who paid it.

82. Ballot papers and certificate to be compared on recount - (1) At any recount made as aforesaid the Commissioner shall produce to the District Court Judge all the used ballot papers, together with the certificate stating the total number of ballot papers used at the election.

(2) If on comparing the number of ballot papers stated in the certificate with the ballot papers used at the election the District Court Judge finds that any of the ballot papers have been lost, stolen, or in any way interfered with during the interval between the official count and the recount, the official count made by the Commissioner shall be deemed to be correct, and the result of the poll declared accordingly. Where in any such case there is an equality of votes between candidates and the addition of a vote would entitle one of those candidates to be declared elected, the Commissioner shall determine by lot which candidate shall be elected.

Disposal of Ballot Papers

83. Disposal of ballot papers, rolls, etc. - (1) As soon as practicable after polling day the Commissioner shall enclose in separate packets in the following manner all the parcels transmitted to him or her by the several Presiding Officers or made up and secured by himself or herself, that is to say:

(a) He or she shall enclose in one or more separate packets all the parcels of used ballot papers, and all counterfoils corresponding to those ballot papers; in one or more other separate packets all parcels of unused and spoilt ballot papers; in another all parcels of ballot papers set aside under section 74 and section 78; and in one or more other separate packets all parcels containing ballot paper accounts, copies of rolls (except the master roll), books, or other papers, as provided in this Act;

(b) He or she shall properly secure the said several packets, and endorse them with a description of the contents thereof respectively; and the name of the constituency or individual voters, the name of the polling place and number of the polling booth; and the date of the polling; and shall sign the endorsement; and shall forthwith forward the said packets to the Commissioner of the Supreme Court;

(c) He or she shall also at the same time properly secure and transmit to the Commissioner of the Supreme Court a parcel containing all ballot papers printed for the election and not used by the Commissioner or distributed for use to any Presiding Officer.

(2) The Commissioner of the Supreme Court shall forthwith give or send to the Commissioner a receipt under his or her hand for the said packets and parcel.

(3) The Commissioner shall send the master roll to the Commissioner appointed under section 3, and the Commissioner shall keep it until the close of the next general election. Any registered elector or voter may inspect any master roll at the Commissioner's office without payment of any fee at any time when the office is open for the transaction of business.

84. Disposal of packets - (1) The packets and parcel shall be safely kept for one year unopened, unless a Court of competent jurisdiction orders them, or any of them, to be opened.

(2) At the end of one year the packets and parcel shall be destroyed unopened in the presence of the Commissioner of the Supreme Court and the Clerk of the Legislative Assembly.

85. Papers taken from parcels as evidence in certain cases - (1) Any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively, under the hand of the Commissioner of the Supreme Court, a certificate of the several particulars by this Act required to be endorsed on the parcel, shall be conclusive evidence in any Court or before any Committee of the Legislative Assembly that it was so taken and that it, if a ballot paper was deposited and, if a roll or book, was kept or used at the election and booth to which the endorsement and the writing relate.

(2) Every ballot paper so certified shall be evidence of a vote given at the poll, and of the correspondence of the number appearing on the ballot paper with the number appearing on any roll so certified as of the same election and booth, according to the tenor of the said ballot paper.

(3) But in the case of the ballot papers set aside or selected by a Presiding Officer or by the Commissioner the correspondence shall be evidence only of some person having voted in the name appearing on the roll.

Maintenance of Order at Elections

86. Presiding Officers to maintain order - (1) Every Presiding Officer shall maintain order and keep the peace at the polling place or booth where he or she is conducting the poll, and may, without any other warrant than this Act:

(a) Cause to be arrested and taken before a District Court Judge any person reasonably suspected of committing or attempting to commit at the polling place or booth any of the offences mentioned in section 92; or

(b) Cause to be removed any person who obstructs the approaches to a polling booth, or wilfully and unnecessarily obstructs the proceedings at the polling, or conducts himself or herself in a disorderly manner, or causes a disturbance, or wilfully acts in any manner in defiance of the lawful directions of the Presiding Officer.

(2) All constables shall aid and assist the Presiding Officer in the performance of his or her duty.

87. Adjournment of Poll - Where the polling at any polling place cannot start or has to be suspended whether by reason of riot or open violence, natural disaster, or any other cause, the Presiding Officer shall adjourn the taking of the poll at that polling place to the following day, and if necessary from day to day until the poll can be taken, and shall forthwith give public notice of the adjournment in such manner as he or she thinks fit:

PROVIDED THAT the poll shall not be kept open for more than 10 hours in all at any polling place.

Custody of Ballot Papers

88. Prevention of irregularities as to ballot papers - In order to prevent the commission at any election of irregularities in respect of the improper possession of ballot papers the following provisions shall apply:

(a) The Commissioner shall give to the person printing the ballot papers a receipt specifying the total number of ballot papers received by him or her, and it shall be the duty of the printer to see that all copies of the ballot papers other than those delivered to the Commissioner are immediately destroyed;

(b) Every Presiding Officer shall give to the Commissioner a receipt specifying the total number of ballot papers received by him or her, and shall be personally responsible for the safe custody of all such ballot papers from the time they are received by him or her until they are disposed of in accordance with this Act;

(c) Every Presiding Officer shall be personally responsible for the safe custody of all ballot papers used at the polling booth at which he or she presides from the time each ballot paper was placed in the ballot box by the elector or voter until the parcel of used ballot papers has been delivered to the Commissioner as in this Act provided and the Presiding Officer has obtained from the Commissioner a receipt in writing for the parcel, which receipt the Commissioner is in all cases required to give on such delivery;

(d) In like manner the Commissioner shall be personally responsible for the safe custody of all ballot papers used at the polling booth at which he or she presides, and of all parcels of used ballot papers for which he or she has given a receipt to a Presiding Officer, until they have been sent by him or her to the Commissioner of the Supreme Court as aforesaid;

(e) Every person who fails to take reasonable steps to secure the safe custody of all ballot papers for which he or she is responsible, with the result that any such ballot paper is removed from his custody, shall be liable on conviction to a fine not exceeding 8 penalty units or to imprisonment for a term not exceeding one (1) year;

(f) Every person shall be liable on conviction to a fine not exceeding 8 penalty units who wilfully or negligently allows any copy of a ballot paper printed by him or her to come into the possession of any person other than the Commissioner;

(g) Every person shall be liable on conviction to a fine not exceeding 2 penalty unit who obtains possession of or has in his or her possession any ballot paper other than the one given to him by the Commissioner or a Presiding Officer for the purpose of recording his or her vote, or retains any ballot paper in his or her possession after leaving any polling booth.

Offences at Elections

89. Interfering with or influencing electors or voters - (1) Every person commits an offence and shall be liable on conviction to a fine not exceeding 8 penalty units who at an election:

(a) In any way interferes with any elector or voter either in the polling booth or while on his or her way thereto, with the intention of influencing him or her or advising him or her as to his or her vote;

(b) At any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever;

(c) At any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph apparatus;

(d) At any time on polling day before the close of the poll, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper to be used at the poll and having thereon the names of the candidates or any of them, together with any direction or indication as to the candidate for whom any person should vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote;

(e) At any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts, any statement advising or intended or likely to influence any elector or voter as to the candidate for whom he or she should vote;

PROVIDED THAT this paragraph shall not apply to any statement in a newspaper published before 6 o'clock in the afternoon of the day before polling day:

PROVIDED ALSO THAT where any statement is so exhibited before polling day in a fixed position not in view of a polling place it shall not be an offence to leave it so exhibited on polling day:

PROVIDED FURTHER THAT the Commissioner may at any time on polling day cause to be removed or obliterated any statement to which this paragraph applies which is exhibited within half a mile of a polling place, and may recover all expenses incurred in so doing from the persons by whom or by whose direction the statement was exhibited, as a debt due by them jointly and severally to the Government:

(f) At any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper) having thereon the names of the candidates or any of them;

(g) Exhibits or leaves in any polling booth any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting;

(h) At any time on polling day before the close of the poll, within, or at the entrance, to, or in the vicinity of, any polling place or booth:

(i) Gives or offers to give to any person any written or oral information as to any name or number on the main roll or any supplementary roll being used at the election;

(ii) Permits or offers to permit any person to examine any copy for the main roll or any supplementary roll being used at the election.

(2) It shall not be an offence against this section for any person to wear or display (whether on his or her person or not) any party emblem.

(3) Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.

90. Publishing defamatory matter at election time - Every person shall be liable on conviction to a fine not exceeding 8 penalty units or to imprisonment for a term not exceeding six (6) months who at any time after public notice has been given by the Commissioner under section 45 or section 47 and before the close of the poll publishes or exposes, or causes to be published or exposed, to public view any document or writing or printed matter containing any untrue statement defamatory of any candidate and calculated to influence the vote of any elector or voter.

91. Erasing or altering official mark on ballot paper - Every person shall be liable on conviction to a fine not exceeding 8 penalty units who erases, obliterates, or alters any official mark, stamp, or writing on any ballot papers, or places thereon any writing, print or other matter which might lead persons to believe that it was put thereon by any official or person duly authorised in that behalf.

92. Offences in respect of ballot papers and ballot boxes - (1) Every person commits an offence against this section who:

(a) Forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper, or the official mark on any ballot paper;

(b) Without due authority supplies any ballot paper to any person;

(c) Fraudulently puts into any ballot box any paper other than the ballot paper that he or she is authorised by law to put therein;

(d) Fraudulently takes out of a polling booth any ballot paper;

(e) Without due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers, then in use for the purposes of an election, or in course of transmission by post or otherwise, or thereafter whenever the same may be kept as a record of the election.

(2) Every person who commits an offence against this section shall be liable on conviction:

(a) If an officer appointed under this Act, to imprisonment for a term not exceeding two (2) years;

(b) If any other person, to imprisonment for a term not exceeding six (6) months.

(3) Every person who attempts to commit any offence against this section shall be liable on conviction to imprisonment for term not exceeding one half of the longest term to which a person committing the offence may be sentenced.

93. Property to be stated as being in Commissioner - In any prosecution for an offence in relation to any ballot boxes, ballot papers, or marking instruments at an election the property in the boxes, papers, and instruments may be stated as being in the Commissioner.

94. Infringement of secrecy - (1) Every official, clerk, scrutineer, interpreter, and constable in attendance at a polling booth shall maintain and aid in maintaining the secrecy of the voting in the booth, and shall not communicate to any person, except for some purpose authorised by law, any information likely to defeat the secrecy of the ballot.

(2) No person, except for some purpose authorised by law, shall:

(a) Interfere with or attempt to interfere with an elector or voter when marking his vote;

(b) Attempt to obtain in a polling booth information as to the candidate for whom any elector or voter in a booth is about to vote or has voted;

(c) Communicate at any time to any person any information obtained in a polling booth as to the candidate for whom any elector or voter at the booth is about to vote or has voted, or as to the consecutive number on the ballot paper given to any elector or voter at the booth.

(3) Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the candidate for whom any vote is given in any particular ballot paper.

(4) No person shall directly or indirectly induce any elector or voter to display his or her ballot paper after he or she has marked it, so as to make known to any person the name of any candidate for or against whom he or she has voted.

(5) Every person who offends against this section shall be liable to imprisonment for a term not exceeding three (3) months.

PART IX
CORRUPT AND ILLEGAL PRACTICES

Corrupt Practices

95. Personation - (1) Every person is guilty of a corrupt practice who commits, or aids or abets, counsels, or procures the commission of, the offence of personation.

(2) Every person commits the offence of personation who:

(a) Votes as some other person, whether that other person is living or dead or is a fictitious person; or

(b) Having voted at any election, votes again at the same election; or

(c) Having voted at an election in any constituency or as an individual voter at a general election, votes again in another constituency or as an individual voter at the same general election.

(3) For the purpose of this section a person shall be deemed to have voted if he or she has applied for a ballot paper for himself or herself, or has marked a ballot paper for himself or herself, whether validly or not.

(4) It shall be the duty of the Commissioner to institute a prosecution against any person whom the Commissioner believed to have committed the offence of personation, or to have aided, abetted, counselled, or procured the commission of, that offence by any person, at the election for which he or she is Commissioner.

96. Bribery - (1) In this section the terms "elector" and "voter" include any person who has or claims to have a right to vote.

(2) Every person is guilty of a corrupt practice who commits the offence of bribery.

(3) Every person commits the offence of bribery who, directly or indirectly by himself or herself or by any other person on his or her behalf:

(a) Gives any money or procures any office to or for any elector or voter, or to or for any other person on behalf of any elector or voter, or to or for any other person, in order to induce any elector or voter to vote or refrain from voting; or

(b) Corruptly does any such act as aforesaid on account of any elector or voter having voted or refrained from voting; or

(c) Makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any elector or voter,

or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any person at any election or the vote of any elector or voter.

(4) For the purposes of this section:

(a) References to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration;

(b) References to procuring any office shall include references to giving, procuring, agreeing to give or procure or to endeavour to procure, any office, place, or employment.

(5) Every person commits the offence of bribery who:

(a) Advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or

(b) Knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

(6) The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election.

(7) An elector or voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(8) Every person commits the offence of bribery if after an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

97. Treating - (1) Every person is guilty of a corrupt practice who commits the offence of treating.

(2) Every person commits the offence of treating who corruptly by himself or herself or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any food, drink, entertainment, or provision to or for any person:

(a) For the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b) For the purpose of corruptly procuring himself or herself to be elected; or

(c) On account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(3) Every elector and voter who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

97A Conduct of "O'o" and "Momoli" – Despite the other provisions of this Act, the traditional presentation of "O'o" and "Momoli" by a Member or Candidate for Parliament or a person acting on behalf of such Member or Candidate shall not be considered as treating or bribery or an illegal or corrupt activity or practice provided that the presentation is made within the period commencing with the 180th day and ending with the 90th day from expiry of the then Parliament at five (5) years from the date of the last preceding General Elections.

97B. Conduct of "tautua faaauau" - (1) Despite the other provisions of this Act, the traditional service or assistance of "tautua faaauau" by a Member of Parliament or a person acting on behalf of such Member shall not be considered as treating or bribery or an illegal or corrupt activity or practice, where the service or assistance is given before 90 days prior to the expiry of Parliament at five (5) years from the date of the last preceding General Elections or given after the close of Poll on polling day.

(2) For the purposes of this section, "tautua faaauau" means the provision of service or assistance in any form or manner rendered or given to any person or organisation provided such service or assistance:

(a) Is considered to be culturally appropriate or expected;

(b) Is not excessive in the circumstances; and

(c) Is not a "O'o" or "Momoli".

(3) This section does not apply to the provision of service or assistance at a funeral or to the Member of Parliament's church minister.

98. Undue influence - (1) Every person is guilty of a corrupt practice who commits the offence of undue influence.

(2) Every person commits the offence of undue influence who:

(a) Directly or indirectly, by himself or herself or by any other person on his or her behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or herself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person, in order to induce or compel that person to vote for or against a particular candidate or to vote or refrain from voting, or on account of that person having voted for or against a particular candidate or having voted or refrained from voting; or

(b) By abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of an elector or voter, or thereby compels, induces, or prevails upon an elector or voter either to vote or to refrain from voting;

(c) By himself or herself or any other person on his or her behalf withholds a Certificate of Identity belonging to another elector or voter and in doing so induces that elector or voter to vote for a particular candidate, or prevents that elector or voter from voting for a particular candidate or from voting in that election.

99. Procurement of voting by unqualified electors or voters - Every person is guilty of an illegal practice who induces or procures to vote at any election any person whom he or she knows at the time to be disqualified or prohibited, whether under this Act or otherwise, from voting at that election.

99A. Illegal activities during period of election - (1) In this section "period of election" means the period during any election or by-election, commencing on the day after the Commissioner gives public notice of polling day and ending at the close of the Poll on polling day.

(2) Every candidate who, during a period of election except at a funeral, directly or indirectly, by himself or herself or by any other person on his or her behalf renders or makes presentation of any food, beverage, money or other valuable to an elector of his or her constituency or to an individual voter at a ceremony or activity is guilty of an illegal practice.

(3) Every elector or voter who, during a period of election except at a funeral, obtains or attempts to obtain, directly or indirectly by himself or herself or by any other person on his or her behalf, any food, beverage, money or other valuable from a candidate for election, is guilty of an illegal practice.

(4) Repealed by the Electoral Amendment Act 2009, No.21.

General Provisions

100. Cinematograph films - (1) For the purposes of this section the expression "cinematograph film" or "film" includes any screen advertisement of any description.

(2) For the purposes of this Act, the exhibition of any cinematograph film except on polling day shall not be deemed to constitute bribery or treating or an illegal practice, and any payment or contract for payment in respect of any such exhibition shall not be deemed to constitute an illegal practice notwithstanding that the film may be wholly or mainly an advertisement.

101. Punishment for corrupt or illegal practice - Every person who is guilty of any corrupt practice or any illegal practice shall be liable on conviction:

(a) In the case of a corrupt practice, to imprisonment for a term not less than two (2) years and not exceeding four (4) years or to a fine not less than 20 penalty units and not exceeding 50 penalty units, or both such imprisonment and fine; or

(b) In the case of an illegal practice, to imprisonment for a term not exceeding three (3) years or to a fine not exceeding 20 penalty units, or both such imprisonment and fine; and

(c) Any conviction under this Part shall be recorded as a criminal conviction by the Ministry of Police and Prisons Services.

102. Persons charged with corrupt practice may be found guilty of illegal practice - Any person charged with a corrupt practice may, if the circumstances warrant that finding, be found guilty of an illegal practice; and any person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

103. Time limit for prosecutions - A prosecution against any person for a corrupt practice or an illegal practice shall be commenced within seven (7) days after the day on which the Commissioner has publicly notified the result of the poll:

PROVIDED THAT where the person charged has been reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of the offence a prosecution shall be commenced within six (6) months after the offence was committed or within three (3) months after the date of the report, whichever period is the later to expire.

PART X
ELECTION PETITIONS

104. Method of questioning election - (1) No election and no declaration of result or report to the Head of State shall be questioned except by petition complaining of an unlawful election or unlawful declaration or report (in this Act referred to as an election petition) presented in accordance with this Part.

(2) A petition complaining of no declaration or report shall be deemed to be an election petition, and the Supreme Court may make such order thereon as the Court thinks expedient for compelling a declaration or report to be made or may allow the petition to be heard as provided with respect to ordinary election petitions.

105. Election petitions - (1) An election petition may be presented to the Supreme Court by one or more of the following persons:

(a) A person claiming to have had a right to be elected or returned at the election;

(b) A person alleging himself or herself to have been a candidate at the election;

PROVIDED HOWEVER THAT no petition can be filed by a person who polled less than 50% of the total number of votes polled by a person elected or returned at the election.

(c) the Commissioner, in considering the public interest, in his or her own motion:

(i) On the question of whether a candidate is qualified to be a candidate; or

(ii) Where there are allegations of breaches of this Act.

(2) The member whose election or result is complained of shall be the respondent to the petition, and if the petition complains of the conduct of any official the Commissioner or Commissioner, as the case may be, shall also be a respondent.

(3) The petition shall be in such form and state such matters as are prescribed by rules of Court, and be signed by the petitioner or all the petitioners if more than one.

(4) The petitioner shall present his or her petition by filing it in the Office of the Supreme Court at Apia, and shall serve a copy of it on each respondent thereto.

(5) The petition shall be served personally, or in such other manner as may be prescribed by rules of Court.

106. Time for presentation of election petition - (1) Subject to the provisions of this section, an election petition shall be presented within seven (7) working days after the day on which the Commissioner has publicly notified the result of the poll.

(2) If the petition questions the election or result upon an allegation of corrupt practice and specifically alleges a payment of money or other reward to have been made by the member or on his or her account or with his or her knowledge and consent since the day of such public notification in pursuance or furtherance of the alleged corrupt practice, it may be presented within seven (7) days after the date of the payment.

(3) For the purposes of this section an allegation that an election is avoided under section 113 shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.

107. Security for costs - (1) At the time of presenting an election petition or within three (3) days after the expiration of the time limited for the presentation of the petition the petitioner shall give security to the satisfaction of the Commissioner of the Court for all costs which may become payable by him or her to any witness summoned on his behalf or to any respondent.

(2) The security shall be an amount of $2,000 and shall be given by recognisance to the Government entered into by any number of sureties not exceeding five (5) or by a deposit of money, or partly in one way and partly in the other.

(3) If no security is given as required by this section no further proceedings shall be taken on the petition.

107A. Statutory declaration by petitioner - (1) At any time a petitioner presents an election petition, the petitioner shall also produce statutory declarations: 

(a) Made by himself or herself in Form 10 of the First Schedule, that the petitioner has not engaged in any corrupt or illegal practice; and 

(b) Made by the petitioner's witnesses in Form 11 of the First Schedule, that to the best of the witness' knowledge, the petitioner had not engaged in any corrupt or illegal practice.

(2) Where in the course of a petition hearing, a counter petition produces evidence accepted beyond reasonable doubt by the Court that a declaration under subsection (1) is false in any material particular, the Court may make a finding, in addition to any other findings available to the Court under this Act, that the person who made the false declaration has committed an offence and is liable to the penalties provided under section 23 of the Oaths, Affidavits and Declarations Act 1963.

108. More than one petition relating to same election - Where more petitions than one are presented relating to the same election or result, all those petitions shall be dealt with as one petition.

109. Rules of Court - (1) Rules of Court may be made in the manner prescribed by the Judicature Ordinance 1961 for the purposes of this Part.

(2) All rules made under this section shall be laid before the Legislative Assembly within 28 days after the date of the making thereof, if the Assembly is then in session, and if not, shall be laid before the Assembly within 28 days after the date of the commencement of the next ensuing session.

Trial of Election Petition

110. Court and place of trial - Every election petition shall be tried by two or more judges of the Supreme Court at such place nominated by the Court.

111. Trial of petition - (1) An election petition shall be tried in open Court without assessors, and notice of the time and place of trial shall be given not less than seven (7) days before the day of trial.

(2) The Court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.

(3) The trial of an election petition shall be proceeded with notwithstanding that the respondent may have become disqualified as a Member of Parliament, or that Parliament may have been prorogued.

(4) Subject to this Act, the Court shall have jurisdiction to inquire into and adjudicate on any matter relating to the petition in such manner as it thinks fit, and in particular may at any time during the trial direct a recount or scrutiny of the votes given at the election, and shall disallow the vote of every person proved to have been guilty of any corrupt practice, or whose name has been wrongly placed or retained on the roll:

PROVIDED THAT the vote of any person who on polling day was entitled to be registered as an elector or voter of the constituency or individual voters in question shall not be disallowed on the ground that his or her name has been wrongly placed or retained on any roll.

(5) On the trial of an election petition, unless the Court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and evidence in relation thereto received before any proof has been given that any candidate was aware of or consenting to the corrupt or illegal practice.

(6) On the trial of an election petition complaining of an unlawful election declaration or report and claiming the seat for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if he or she had presented a petition against the election of that person.

(7) In allocating a time for hearing an electoral petition the Court shall give priority to that petition over all matters before the Court which are not electoral petitions.

112. Avoidance of election of candidate guilty of corrupt practice - Where a candidate who has been elected at any election is proved at the trial of an election petition to have been guilty of any corrupt practice at the election his or her election shall be void.

113. Avoidance of election for general corruption - (1) Where it is reported by the Supreme Court on the trial of an election petition that corrupt or illegal practices committed in relation to the election for the purpose of promoting or procuring the election of any candidate thereat have so extensively prevailed that they may be reasonably supposed to have affected the result, his or her election, if he or she has been elected, shall be void.

(2) Except under this section, an election shall not be liable to be avoided by reason of the general prevalence of corrupt or illegal practices.

113A. Rolls to be used in by-election when original election avoided - Where as a result the avoidance of an election pursuant to a decision of the Supreme Court in respect of an Election Petition it is necessary for a by-election to be held, and notwithstanding any other provision of this Act, the main roll and supplementary roll which were used at the election which has been avoided shall be used at the by-election without any amendment or addition:

PROVIDED HOWEVER THAT the Commissioner shall amend the Rolls used at the election which has been avoided by removing therefrom the names of any persons who have become disqualified for registration as electors or voters pursuant to section 16B after the date of the election which has been avoided. 

114. Votes to be struck off for corrupt practices - Where, on the trial of an election petition claiming the seat for any person, a candidate is reported by the Supreme Court to have been proved guilty of bribery, treating, or undue influence in respect of any person who voted at the election, there shall, on a scrutiny be struck off from the number of votes appearing to have been received by the candidate one vote for every person who voted at the election and is reported to have been proved to have been so bribed, treated, or unduly influenced.

115. Real justice to be observed - (1) On the trial of any election petition:

(a) The Court shall be guided by the substantial merits and justice of the case without regard to legal forms or technicalities;

(b) The Court may admit such evidence as in its opinion may assist it to deal effectively with the case, notwithstanding that the evidence may not otherwise be admissible in the Supreme Court.

116. Irregularities not to invalidate election - No election shall be declared invalid by reason of:

(a) Any failure to comply with the times prescribed for doing any act; or

(b) Any omission or irregularity in filling up any form prescribed by this Act or by regulations made thereunder; or

(c) Any want or defect in the appointment of any official or scrutineer; or

(d) Any absence of, or mistake or omission or breach of duty by, any official, whether before, during, or after the polling,

if the Court is satisfied that the election was so conducted as to be substantially in compliance with the law as to elections, and that the failure omission, irregularity, want, defect, absence, mistake, or breach did not affect the result of the election.

117. Decisions of Court to be final - All decisions of the Supreme Court under this Part shall be final and conclusive and without appeal, and shall not be questioned in any way.

118. Certificate of Court as to result of election - At the conclusion of the trial of an election petition the Court shall determine whether the member whose election or return is complained of, or any and what other person, was duly elected or returned, or whether the election was void, and shall forthwith certify in writing the determination to the Speaker and the determination so certified shall be final to all intents and purposes.

119. Report of Court as to corrupt or illegal practice - (1) Where in an election petition any charge is made of any corrupt or illegal practice having been committed at the election, the Court shall, in addition to giving a certificate and at the same time, report in writing to the Speaker as follows:

(a) Whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of the corrupt or illegal practice;

(b) Whether any of the candidates has been guilty by his or her agents of any corrupt or illegal practice in reference to the election;

(c) The names of all persons proved at the trial to have been guilty of any corrupt or illegal practice and whether they have received certificates of indemnity;

(d) Whether there is reason to believe that corrupt or illegal practices have extensively prevailed at the election.

(2) In the case of someone who is not a party to the petition nor a candidate on behalf of whom the seat is claimed by the petition, the Court, before reporting him to have been proved guilty of any corrupt or illegal practice, shall first cause notice to be given to him or her, and if he or she appears in pursuance of the notice, shall give an opportunity of being heard and of calling evidence in his or her defence to show why he or she should not be so reported.

(3) For the purposes of this Act, if it is reported by the Court that a corrupt or illegal practice was committed with the knowledge and consent of a candidate he or she shall be treated as having been reported to have been proved guilty of that corrupt or illegal practice.

(4) If a candidate is reported to have been guilty by his agents of treating, undue influence, or any illegal practice, and the Court further reports:

(a) That no corrupt or illegal practice was committed at the election by the candidate with his or her knowledge or consent, and that the offences mentioned in the report were committed without the sanction or connivance of the candidate; and

(b) That all reasonable means for preventing the commission of corrupt and illegal practices at the election were taken by and on behalf of the candidate; and

(c) That the offences mentioned in the report were of a trivial, unimportant, and limited character; and

(d) That in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his or her agents,

the candidate shall not be treated for the purposes of this Act as having been proved guilty of the offences mentioned in the report.

120. Special report - At the same time as it gives its certificate at the conclusion of the trial of an election petition, the Court may make a special report to the Speaker as to any matters arising in the course of the trial an account of which, in the judgment of the Court, ought to be submitted to the Legislative Assembly.

121. Signature and effect of certificate and report - (1) The certificate and any report of the Court at the conclusion of the trial of an election petition shall be signed by the Presiding Judge.

(2) On being informed by the Speaker of the certificate and any report of the Court, the Legislative Assembly shall order the same to be entered in the Journals of the Assembly, and shall give the necessary directions for confirming or altering the result or for issuing a public notice for a new election, or for carrying out the determination, as the circumstances may require.

(3) Where the Court makes a special report the Legislative Assembly may make such order in respect of that report as it thinks proper.

Witnesses

122. Summons and examination of witnesses - (1) Witnesses may be summoned and sworn on the trial of an election petition in the same manner, as nearly as circumstances admit, as in the trial of an ordinary action.

(2) The Supreme Court may by order require any person who appears to the Court to have been concerned in the election to attend as a witness, and every person who refuses to obey any such order shall be guilty of contempt of Court.

(3) The Court may examine any person so required to attend or any person in Court, although the person is not called or examined by any party to the petition.

(4) After the examination of a witness as aforesaid by the Court he or she may be cross-examined by or on behalf of the petitioner and each respondent, or any of them.

123. Certificate of indemnity to witness - (1) A person called as a witness on the trial of an election petition shall not be excused from answering any question relating to any offence at or connected with the election on the ground that the answer thereto may incriminate or tend to incriminate himself or herself, or on the ground of privilege:

PROVIDED THAT:

(a) An answer by a person to a question put by or before the Court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him or her in any proceeding, civil or criminal;

(b) A witness who answers truly all questions which he or she is required by the Court to answer shall be entitled to receive a certificate of indemnity stating that he or she has so answered.

(2) Where a person has received a certificate of indemnity in relation to an election, and any legal proceeding is at any time instituted against him or her for any offence committed by him or her at or in connection with the election previously to the date of the certificate, the Court having cognisance of the case shall on production of the certificate stay the proceeding, and may in its discretion award to the said person such costs as he or she has been put to in the proceeding.

(3) Nothing in this section shall be deemed to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceedings to enforce any such incapacity (other than a criminal prosecution).

Costs

124. Expenses of witnesses - (1) The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions, may be allowed by the Court.

(2) Any such expenses, if the witness was called and examinated by the Court, shall be deemed to be part of the expenses of the Court, and in other cases shall be deemed to be costs of the petition.

125. Costs of petition - (1) All costs of and incidental to the presentation of an election petition, and to the proceedings consequent thereon, except such as are by this Act otherwise provided for shall be defrayed by the parties to the petition in such manner and in such proportions as the Supreme Court may determine; and in particular any costs which in the opinion of the Court have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or respondent, and any needless expenses incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom they were caused or incurred, whether those parties are or are not on the whole successful.

(2) If a petitioner fails for six (6) months after demand to pay to any person summoned as a witness on his or her behalf, or to any respondent, any sum certified to be due to him or her for costs, and the failure is within one year after the demand proved to the satisfaction of the Supreme Court, every person who has under this Act entered into a recognisance relating to the petition shall be held to have made default in the recognisance, and it shall be dealt with in manner provided by section 15 of the Government Proceedings Act 1974.

126. Costs payable by persons proved guilty of corrupt or illegal practice - (1) Where on the trial of an election petition it appears to the Court that any person has been guilty of any corrupt or illegal practice, the Court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceedings before the Court in relation to that offence or to that person to be paid by that person to such other person or persons as the Court thinks fit.

(2) All costs so ordered to be paid may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid.

Withdrawal and Abatement of Petition

127. Withdrawal of petition - (1) A petitioner shall not withdraw an election petition without the leave of the Supreme Court upon special application to be made in the prescribed manner.

(2) No such application shall be made until the prescribed notice of the intention to make it has been given in the constituency or among the individual voters to which the petition relates.

(3) Where there are more petitioners than one, an application to withdraw the petition shall not be made except with the consent of all the petitioners.

(4) If a petition is withdrawn, the petitioner shall be liable to pay the costs of each respondent.

128. Substitution of new petitioner - (1) On the hearing of an application for leave to withdraw a petition, any person who might in the first instance have presented the petition may apply to the Court to be substituted as a petitioner.

(2) The Court may, if it thinks fit, substitute any such applicant as petitioner, and may, if the proposed withdrawal is in the opinion of the Court the result of any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner, and that to the extent of the sum named in the security the original petitioner shall be liable to pay the costs of the substituted petitioner.

(3) If the Court does not so direct, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner within three (3) days after the order of substitution.

(4) Subject as aforesaid, a substituted petitioner shall as nearly as may be stand in the same position and be subject to the same liabilities as the original petitioner.

129. Report on withdrawal - In every case of the withdrawal of an election petition the Supreme Court shall make a report to the Speaker stating whether in its opinion the withdrawal of the petition was the result of any corrupt arrangement or in consideration of the withdrawal of any other election petition and, if so, the circumstances attending the withdrawal.

130. Abatement of petition - (1) An election petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

(2) The abatement of a petition shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.

(3) On the abatement of a petition, notice of the abatement shall be given in the prescribed manner, and within 28 days after notice is given any person who might have been a petitioner in respect of the election may apply to the Supreme Court in the prescribed manner. On any such application the Court may, if it thinks fit, substitute the applicant accordingly.

(4) Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.

130A. Offence to pay money to stop petition - A person who pays money or attempts to pay money:

(a) To prevent the instigation of an election petition; or

(b) To cause a withdrawal of an election petition, 

commits an offence and is liable upon conviction to imprisonment for a term not exceeding six (6) months or to a fine not exceeding 20 penalty units or both

General Provisions

131. Withdrawal and substitution of respondent before trial - (1) If before the trial of an election petition a respondent other than the Commissioner:

(a) Dies; or

(b) Gives the prescribed notice that he or she does not intend to oppose the petition; or

(c) Has his or her seat declared vacant in a report from the Speaker to the Head of State,

notice thereof shall be given in the prescribed manner and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the Supreme Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed three (3).

(2) A respondent who has given the prescribed notice that he or she does intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon, and shall not sit or vote in the Legislative Assembly until the Assembly has been informed of the report on the petition.

(3) Where a respondent has given the prescribed notice as aforesaid, the Court shall report that fact to the Speaker.

132. Submission of report to Attorney-General - Where the Supreme Court reports that certain persons named have been proved at the trial of an election petition to have been guilty of any corrupt or illegal practice the report shall be laid before the Attorney-General.

PART XI
MISCELLANEOUS PROVISIONS

133. Service of notices - (1) Any notice under this Act may be served on any person by delivering it to that person, and may be delivered to him or her either personally or by leaving it at his or her place of residence as stated on any roll or by posting it by registered letter addressed to him or her at that place of residence.

(2) A notice so posted shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.

(3) Where any notice is sent by registered letter addressed to any person at his or her place of residence as stated on any roll, with a special request that the letter be returned to the sender at the expiration of 15 days if the person to whom the letter is addressed cannot be found, the return of the letter by the Post Office shall be deemed sufficient proof that the person has quitted that place of residence.

134. Commissioner exempt from Court fees - The Commissioner shall be exempt from the payment of any Court fees in respect of any proceedings under this Act.

135. Validation of irregularities - Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Head of State acting on the advice of Cabinet may, by notice in the Gazette, at any time before or after the time within which the thing is required to be done, extend that time, or validate anything so done before or after the time required or so irregularly done in matter of form, or make other provision for the case as the Head of State thinks fit:

PROVIDED THAT this section shall not apply with respect to the presentation of an election petition or to the giving of security for costs in relation to an election petition.

135A. Repealed by the Electoral Amendment Act 2005 (No. 3)

136. Regulations - (1) The Head of State acting on the advice of Cabinet may from time to time, by Order, make all such regulations necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2) Regulations made under this section may prescribe penalties for offences against the regulations, not exceeding imprisonment for a term of three (3) months or a fine of 2 penalty units, or both.

(3) All regulations made under this section shall be laid before the Legislative Assembly within 28 days after the date of the making thereof if the Assembly is then in session, and, if not, shall be laid before the Assembly within 28 days after the date of the commencement of the next ensuing session.

137. Repeals and savings - (1) The enactments specified in the Second Schedule shall cease to have effect as part of the law of Samoa.

(2) The provisions of sections 20, 20A and 21 of the Acts Interpretation Act 1924 (NZ) [section 20A having been inserted therein by section 2 of the Acts Interpretation Amendment Act 1960 (NZ)] shall apply with respect to those enactments as if they had been revoked by this section.

(3) All acts done by the Head of State or the Commissioner or the Commissioner or by any other officer and all applications and declarations made by any person before the commencement of this Act in relation to the first general election of Members of Parliament to be held after the commencement of this Act which would have been valid if this Act had been in force when the act was done or the application or declaration was made are hereby validated and declared to have been lawfully done or made.

SCHEDULE
Sections 63, 64

FORM 1

DECLARATION BY RETURNING OFFICER, DEPUTY RETURNING OFFICER, POLL CLERKS, SCRUTINEERS AND OTHER OFFICERS:

I,.A.B. (Insert full residential address and occupation or description), solemnly and sincerely declare that I will well and truly serve in the office of:

* Returning Officer
* Deputy Returning Officer
* Poll Clerk
* Interpreter
* Scrutineer for C.D., a candidate; at the poll for the ........ Constituency or Representative of the Individual Voters and that I will not do anything forbidden by section 94 of the Electoral Act 1963.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

Declared at ....………....... this ............... day of ................. 20 ..... before me.

E.F. 					A.B.

* Commissioner
* Returning Officer
* Deputy Returning Officer
* (Occupation or description of a ) person authorised to take a statutory declaration by section 21 of the Oaths, Affidavits and Declarations Act 1963.
* Delete whichever do not apply.
~ Section 94 of the Electoral Act 1963 is to be printed on the back of this form and must be read by or to the declarant.

FORM 1A

Sections 5(3), 5(6) and 50

DECLARATION ON RESIDENTIAL AND VILLAGE SERVICE REQUIREMENTS

I, (Insert full name of Pulenuu or any person determined by the Electoral Commissioner in accordance with section 5(3)(c)(ii) of the Electoral Act 1963) of (Insert place of abode and occupation) 

solemnly and sincerely declare that: 

That (name of candidate):

(a)	has resided in Samoa for a period equaling or exceeding three (3) years and therefore satisfies the three (3) year residential requirement in accordance with section 5(3)(b) of the Electoral Act 1963; and

(Paragraph (b) below is to be omitted where the candidate is banished from his or her village) 

(b)	has rendered services to our village in accordance with the customs of our village and therefore satisfies the village service requirements as defined in section 5(3A) of the Electoral Act 1963.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

SWORN at ……………………. …..this )
day of …………………………….. 20__ ) …………………………………………
before me: ) 

PERSON ELIGIBLE TO TAKE A DECLARATION UNDER THE OATHS, AFFIDAVITS AND DECLARATIONS ACT 1963

FORM 1B

Section 5(6)

DECLARATION BY CANDIDATE

I, …………………………………………………………….. (full name) of …………………………………. (village) ……………………………...(occupation)

Solemnly and sincerely declare:

1. I am a registered matai elector as shown under Number………….. Page ………………………………, of the Main or Supplementary Electoral Roll, for the Electoral District of ……………………………………………………

2. I am a Matai whose title has already been confirmed and registered on the List of Matai that is at the Office of the Registrar of Titles at Mulinuu.

3. I am a citizen of Samoa.

4. I am not disqualified from being a Candidate for Election in accordance with the provisions of the Constitution of the Independent State of Samoa or any other law.

5(1) I have been in Samoa at least 240 days or more in each year for the past three (3) years up to today as detailed in the Annex to this Declaration; or

5(2) I have been in Samoa for at least 240 days or more in each year for the past three (3) years up to today and as detailed in the Annex to this Declaration apart from a period of 125 days or more in which I was away from Samoa for medical treatment as declared in the Annex to this Declaration.

5(3) I am exempt from the provisions of residing in Samoa in accordance with section 5(6)(a) or section 5(6)(b) or section 5(6)(c) of the Electoral Act 1963.

6. I am not a person who has been declared bankrupt.

7. I have not been convicted in any jurisdiction within the previous eight (8) years, of an offence punishable by death or by imprisonment for a term of four (4) years or more. 

8. I am not a person against whom an Inpatient Treatment Order has been made under the Mental Health Act 2007.

9. I have not been convicted in Samoa of a corrupt practice within the preceding 10 years.

10. I believe that I am eligible to be a Candidate for the Electoral District of ……………………………………………

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

SWORN at Mulinuu this ………………….. )
day of ………………...................... 20__ ) 
………………………………………….
before me: )

PERSON AUTHORISED TO TAKE DECLARATIONS PURSUANT TO SECTION 21 OF THE OATHS, AFFIDAVITS AND DECLARATIONS ACT 1963

18 Electoral Amendment 2009, No. 21

ANNEX to FORM 1B

CANDIDATE: DETAILS OF BEING IN SAMOA AND MEDICAL TREATMENT

1.	Section 5(4)
(i)
PERIOD
(Past 3 years)	NUMBER OF DAYS IN SAMOA
	CONFIRMING DOCUMENT	

			

(ii) Confirmation giving details of being in Samoa as shown in Passport; and

2. Section 5(6)(d)(i)

(i)
PERIOD
(Past 3 years)	NUMBER OF DAYS OUT OF SAMOA FOR MEDICAL TREATMENT

		

Confirmation of Medical Treatment by Two Doctors:

Declaration by First Doctor:

I, …………………….. (full name) solemnly and sincerely declare:

(i) That I am a qualified medical practitioner;

(ii) That I have examined and medically treated ……………. (full name of candidate); 

(iii) That ………………… (full name of candidate) was required to obtain and did obtain medical treatment for …………. (details of condition) outside of Samoa for the following period (s) in the three (3) year period ending on ………… (date of declaration by candidate)

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

SWORN at ……………………. …..this )
day of …………………………….. 20__ ) …………………………………………
before me: ) 

PERSON ELIGIBLE TO TAKE A DECLARATION UNDER THE OATHS, AFFIDAVITS AND DECLARATIONS ACT 1963

Declaration by Second Doctor:

 I, …………………….. (full name) solemnly and sincerely declare:

 (i) That I am a qualified medical practitioner;

(ii) That I have examined and medically treated ……………. (full name of candidate); 

(iii) That ………………… (full name of candidate) was required to obtain and did obtain medical treatment for …………. (details of condition) outside of Samoa for the following period (s) in the three (3) year period ending on ………… (date of declaration by candidate)

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

SWORN at ……………………. …..this )
day of …………………………….. 20__ ) …………………………………………
before me: ) 

PERSON ELIGIBLE TO TAKE A DECLARATION UNDER THE OATHS AFFIDAVITS AND DECLARATIONS ACT 1963

FORM 1C
Section 15A

APPLICATION FOR REGISTRATION OF POLITICAL PARTY

To the Electoral Commissioner:

I, ………………………………………………………………
(full name)

of……………………………………………………………
( (not P.O. Box), & phone number)
 □ Secretary

Hereby make application for 
registration of …………………………………………………
(name of Political Party)

…………………………………………………………………………
abbreviation of name, office address (not P.O. Box) & phone number)
Secretary ………………………………………………………
(name, office address (not P.O. box) & phone number)

Under Part IIA of the Electoral Act 1963

Signature:

Secretary……………………… Date: ………………………

FORM 1C - Part B - Part IIA

POLITICAL PARTY DECLARATION

Pursuant to Part IIA of the Electoral Act 1963

I, ………………………………………………………………
(full name)
of ………………………………………………………………
(not P.O. Box) & phone number)

solemnly and sincerely declare that

…………………………………………………………………
( name of Political Party)

has 8 current financial members eligible to enroll as electors or voters who are listed on the List attached to this Declaration. 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

SWORN at ……………………. …..this )
day of …………………………….. 20__ ) …………………………………………
before me: ) 

PERSON ELIGIBLE TO TAKE A DECLARATION UNDER THE OATHS AFFIDAVITS AND DECLARATIONS ACT 1963

FORM 1D
Section 25B(3)

Declaration of Personal Details for application to be registered as an Elector

"1, AB (Insert residential address; occupation and description) solemnly and sincerely declare that:

(a)	I am entitled to have my name entered on the roll of (insert territorial constituency);

I am currently registered on the roll of (Insert constituency) or the individual voters roll and wish to make my election to change my constituency to (Insert constituency) and have not so changed in the preceding period after the last general election or;

(b)	I am not currently registered on any roll as either an elector or a voter;

(c)	All the details contained in this declaration are true and correct to the best of my knowledge.

AND I make this solemn declaration conscientiously, believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

DECLARED at ……… this day )
of ……………2000 before me )

Person authorised to take declarations pursuant to section 21 of the Oaths, Affidavits and Declarations Act 1963

1. Are you a citizen of Samoa?.....................................................

2. Have you attained the age of 21 years? ..................................................

3. Are you an undischarged bankrupt? ......................................................

4. Have you been convicted in Samoa or in American Samoa of an offence punishable by death or by imprisonment for a term of 2 years or upwards or have you been convicted in Samoa or reported by the Supreme Court in its report on a trial of an election petition to have been proved of any practice declared to be a corrupt practice by the Electoral Act 1963? ........................................................

5. If so, have you:

(a) Received a free pardon?.....................................................

(b) Undergone the sentence or punishment to which you were adjudged for the offence?

6. Are you of sound mind and not subject to an order of medical custody under the Mental Health Act 2007?

7. What is (or was) the full name of your father? ................................

8. If he is dead, when and where did he die?........................................

9. What is the date of your birth?…....................................................

10. What is your father's village of origin? ..........................................

11. What are your grandfather's villages of origin? ..............................

12. Do you hold a Matai title?.............................................................

13. If so, what are the details?

Title .............................. Village ...........................................
…………………… ............................................. 

14. If you do not hold a Matai title does or did any of your grandparents

or your parents or your spouse hold Matai title?...................................

15. If so, supply particulars:

Relationship (eg. father etc)..........................................................

Title .............................................................................

Village .............................................................................

16. Does or did any of your brothers or sisters hold a Matai title otherwise then through his or her spouse?
 ..

17. If so, supply particulars:
 Name of brother/sister ….
 Title: ….
 Village: ….

18. What is the full name of your father? …..

19. What is the full name of your mother?

20. Are you rendering service to a village?

21. If so, what village?

22. What is the nature of the service and who can confirm it?

 SIGN HERE: ........................................................
 Signature of Witness:..................................................................
 Residential address of Witness:......................................................
 Qualification of Witness:.............................................................

FORM 2 Section 21

To the Commissioner for Samoa I, (insert full names, full residential address and occupation or description) hereby claim to have my name entered on the individual voters' roll for Samoa:

A. That my answers to the following questions are true and correct:

1. Are you a citizen of Samoa under the Citizenship Act 1972? 

2. Have you attained the age of 21 years? 

3. Are you an undischarged bankrupt? 

4. Have you been convicted in Samoa or in American Samoa of an offence punishable by death or by imprisonment for a term of 2 years or upwards or have you been convicted in Samoa of any practice declared to be a corrupt practice by the Electoral Act 1963? 

5. If so, have you:

(a) Received a free pardon? 

(b) Undergone the sentence or punishment to which you were adjudged for the offence?

6. Are you of sound mind and not subject to an order of medical custody under the Mental Health Act 2007? 

7. Was your name entered on the European electoral roll on the 30th day of November 1963? 

8. What is (or was) the full name of your father, mother, grandfather or grand mother? 

9. If he or she is dead, when and where did he or she die? 

10. Was your father's or mother's or grandparent's name entered on the European electoral roll on the 30th day of November 1963? 

11. If not and if he died before the 30th day of November 1963, would he if alive on that day have qualified to have his name entered on the European electoral roll on that day? 
12. Were you unborn or under the age of 21 years on the 30th day of November 1963?

13. Did you acquire your citizenship of Samoa by:

 (a) Naturalisation? 

 (b) Birth? 

14. If the latter:

 (a) Is your father, if alive, a citizen of Samoa? 

 (b) Would your father if alive at the date of the commencement of the Citizenship of Samoa Ordinance 1959 on the 8th day of September 1959 have automatically qualified to be a citizen of Samoa by virtue of any provision of that Ordinance? 

15. Have you taken the oath of allegiance in the manner and form provided by section 12 of the Citizenship Act 1972? 

I, AB (Insert residential address, occupation) solemnly and sincerely declare that:

(a) I am entitled to have my name entered on the individual voters roll; and

(b) The details contained in this declaration are true and correct; and

(c) I am not registered on any other roll in Samoa.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

DECLARED at …………….this day )
of ………………, before me )

Person authorised to take declarations pursuant to section 21 of the Oaths, Affidavits and Declarations Act 1963

FORM 3
Section 35 (1)

ELECTORAL ROLL FOR TERRITORIAL CONSTITUENCY

ROLL OF PERSONS ENTITLED TO VOTE AS 
ELECTORS OF THE TERRITORIAL CONSTITUENCY OF -
	
 Number on Roll	 Title(s) or Surname	 Taulealea or 
 Christian
 Name(s)	Sub-Village
or Pitonuu	Village or
Nuu	Occupation
or
Description	

Commissioner

FORM 4 Section 35 (2)
INDIVIDUAL VOTERS' ROLL

ROLL OF PERSONS ENTITLED TO VOTE
FOR REPRESENTATIVES OF THE INDIVIDUAL VOTERS
	
Number on
Roll	Title(s) or Surname	Christian
Names	Residence	Occupation or
Description	
	
Commissioner

FORM 5
Section 48(1)

To the Commissioner for the Constituency ....................................

WE, the undersigned registered electors of the Constituency, registered individual voters, hereby nominate ................. (Name), of (Residence and occupation), a registered elector of the .................... Constituency, a registered individual voters, with his (or her) consent, as a candidate at the election of a member of Parliament for the .................... Constituency, Individual Voters the poll for which is appointed for Saturday the ................. day of ................................ 20 .......................
Dated at .................. this .................... day of ................... 20 ..................

(Signatures and full names, residences, and occupations of 2 or more electors nominating.)

I, (Name), being qualified to be a candidate and to be elected a member of Parliament in terms both of Part II of the Electoral Act 1963 and of any other enactment, hereby consent to the above nomination.

My name will fit on the ballot paper; or

As my name is too long to fit on the ballot paper, I wish my given names to be shown on the ballot paper as ..................................... (Complete the second alternative, unless the Commissioner agrees both that the candidate's name will fit on the ballot paper and that the second alternative is the alternative to be deleted).

* The name of my political party is ........................... or

*I am an independent candidate.
 (Signature, residence, and occupation
 of person nominated)
*Delete words that do not apply.

FORM 6
Section 52 (1)

NOTICE OF WITHDRAWAL OF NOMINATION

To the Commissioner for Samoa.
I (Insert full names) hereby give notice that I withdraw my nomination as a candidate at the election of:

* Representative(s) of the ......................... constituency

* Representatives of the Individual Voters the holding of which is appointed for the ............... day of ............... 19 ............. and for which I was nominated on the ............... day of ............... 19 ...........

Signature of Candidate: ..........................

Received at the hour of: … on the .day of 19
Signature of Commissioner: 

*Delete words that do not apply

FORM 7 Section 56(1)

VOTE HERE
FAAOSO, Pale
HUMAN RIGHT PROTECTION		
FALEFA, Sola
SAMOA NATIONAL DEVELOPMENT		
SASULU, Tolu
SAMOA LIBERAL		
TUITUI, Tolu
INDEPENDENT		

DIRECTIONS

(Read carefully before voting)

1. Vote for only one candidate

2. Vote by putting a tick in the circle immediately after the name of the candidate you choose.
3. After voting, fold the ballot paper so that its contents cannot be seen and place it in the ballot box.

4. If you spoil this ballot paper, return it to the officer who issued it and apply for another.

5. You must not take this ballot paper out of the polling booth.

FORM 8 Section 58(8)

COUNTERFOIL OF BALLOT PAPER

Consecutive No.

(To be entered here and also on the top right hand corner of the back of the voting paper).
Designation of Roll:
No. on Roll:
 (to be entered here only)
(Stamp across the perforation so that the number ] Official
of the polling booth shall appear on both the ] Booth
counterfoil and the voting paper.) ] Stamp

Initials of Presiding Officer

_______________

FORM 9
Section 80

DECLARATION OF RESULT OF POLL
Territorial Constituency of (or Individual Voters)

I HEREBY declare the result of the poll taken on the ................... day of ................ 19 .................. for the election of a member(s) of Parliament for the Territorial Constituency of (or for Individual voters) to be as follows:

Candidates Votes Received

C.D. .........................................................................

E.F. ........................................................................
G.H. .......................................................................

I.J. 

K.L. ............................. _________________________________

Total number of valid votes _________________________________

Number of votes rejected as informal ___________________________
 
I therefore declare the said C.D. to be elected.

DATED at .................... this ............ day of ............. 19 .....

A.B.
COMMISSIONER

FORM 10
Section 107A(a)

DECLARATION BY PETITIONER

"I, AB (Insert name, residential address, occupation and office) solemnly and sincerely declare that I have not engaged in any corrupt practice or illegal practice within the meaning of the Electoral Act 1963.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

DECLARED at ……… this day )

of ……………20__ before me: )

PERSON AUTHORISED TO TAKE DECLARATIONS PURSUANT TO SECTION 21 OF THE OATHS, AFFIDAVITS AND DECLARATIONS ACT 1963

FORM 11
Section 107A(b)

DECLARATION BY PETITIONER'S WITNESS

"I, AB (Insert residential address, occupation and description) solemnly and sincerely declare that in respect of the Electoral Act 1963 and the most recent elections, to the best of my knowledge, the petitioner has not engaged in any corrupt or illegal practice.

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affidavits and Declarations Act 1963.

DECLARED at ……… this day )

of ……………20__ before me: )

PERSON AUTHORISED TO TAKE DECLARATIONS PURSUANT TO SECTION 21 OF THE OATHS, AFFIDAVITS AND DECLARATIONS ACT 1963

________

REVISION NOTES 1997

The Electoral Act 1963 appearing in this reprint comprised that Act as it appears in the 1977 reprint together with the amendments shown below:

Section 2:	The definitions of "Adult" and "Assistant" were added by section 2 of the Electoral Amendment Act 1990(No.20). The definitions of "Commissioner" "Minister" "Writ" and "Writ Day" were added by section 2 of the Electoral Amendment Act 1995(No.1). The words "Commissioner" wherever they appear in the principal Act were replaced by "Commissioner "by section 3 of the 1995 Amendment Act(No.1).	
Section 3(2):

Section 5(1):

Section 5(3) and (4):

Section 5(5):

Section 5(6):

Section 10:

Section 10(l):

Section 12:

Section 16:

Section 16(2)(a):

Section 16(2)(b)(iii):

Section 16(3)

Section 16(6)(7)&(8):

Section 16A:

Sections 16B and 16C:

Section 17(1):

Section 17(2):

Section 18A:

Section 19(1):

Section 19(1)(e):

Section 19(2)(c):

Section 21:

Section 22(2):

Section 25A:

Sections 25B, 25C, 25D & 25E:

Section 26(3) and 27(3):

Section 28:

Section 28(a):

Section 32(1)(b):

Section 32(1)(c):

Section 32(1)(d):

Section 32(2):

Section 32(3):

Section 32(5),(6), & (7):

Section 32A:

Section 34:

Section 35:

Sections 36A and 36B:

Sections 39A, AA, AB, AC, AD:

Section 40:

Section 41:
	This present (2) was substituted by section 3 of the 1990 Amendment Act (No.20).

The words "is the holder of a certificate of identity pursuant to section 135A" were added by section 4(1) of the 1995(No.1) Amendment Act; and the words: "is the holder of a Matai title" were added by section 4 of the 1990(No.20) Amendment Act.

The words "or that person has not resided in Samoa for a period equalling or exceeding 12 months ending with the day on which the Nomination paper is lodged with the Commissioner" were added by section 4(2) and (3) of the 1995(No.1) Amendment Act.

The words "within the immediately preceding 4 years after the offence" were added by section 4(5) of the 1995(No.1) Amendment Act.

Was added by section 4(4) of the 1995(No.1) Amendment Act.

The words: "or is reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or" were added by section 5(1) of the 1995(No.1) Amendment Act.

Was added by section 5(2) of the 1995(No.1) Amendment Act.

A substitute section added by section 6 of the 1995(No.1) Amendment Act.

Was repealed and replaced by section 5 of the 1990(No.20) Amendment Act.

The words "once between general elections" were added by sections 7(1) and (2) of the 1995(No.1) Amendment Act.

A new subparagraph added by section 2 of the 1991 (No.1) Amendment Act. Corresponding addition was made to section 16(3).

The words "once only between elections" were substituted by section 2 of the Amendment Act (No.12) of 1995

Were all added by sections 2(d)(e) and (f) of the 1991 (No.1) Amendment Act.

Was added by section 6 of the 1990 (No.20) Amendment Act.

Were added by section 8 of the 1995 (No.1) Amendment Act.

The words "compile and at all times maintain" were added by section 7(a) of the 1990(No.20) Amendment Act.

The words: "relevant to such roll" were added by section 7(2) of the 1990(No.20) Amendment Act.

Added by section 9 of the 1995(No.1) Amendment Act. The provisio to section 18A(8) was added by section 2 of the 1996(No.1) Amendment Act
The words "an adult citizen of Samoa" were added by section 9(1) of the 1990 (No.20) Amendment Act.

Added by section 9(2) of the 1990 (No.20) Amendment Act. Section 9(3) of the 1990 Amendment Act replaced the word "father" in 19(1) with the word "parent".

Added by section 9(3) of the 1990(No.20) Amendment Act.

The words "in person to the Commissioner or an assistant" were substituted by section 10(1) of the 1990(No.20) Amendment Act.

Added by section 11 of the 1990(No.20) Amendment Act.

Added by section 10(2) of the 1990(No.20) Amendment Act.

These sections were added by sections 12, 13, 14 and 15 of the 1990(No.20) Amendment Act.

The words "5 days" were substituted by section 3 and section 4 of the 1984(No.27) Amendment Act.

The words "temporary" and temporarily" were added by section 16(1) and (2) of the 1990(No.20) Amendment Act.

The words "21 clear days" were substituted by section 5 of the 1984(No.27) Amendment Act.

The present (b) substituted by section 10(1) of the 1995(No.1) Amendment Act.

Added by section 17 of the 1990(No.20) Amendment Act.

Added by section 10(2) of the 1995(No.1) Amendment Act.

Amended by deleting every word after "roll at anytime" by 1995(No.1) Amendment Act

The word "temporary" added by section 17 of the 1990(No.20) Amendment Act.

Added by section 10(4) of the 1995(No.1) amendment Act.

Added by section 11 of the 1995(No.1) Amendment Act.

The word "temporarily" added by section 18 of the 1990(No.20) Amendment Act.

Amended by section 23 of the 1990(No.20) Amendment Act

Added by section 12 of the 1995(No.1) Amendment Act.

Added by section 13 of the 1995(No.1) Amendment Act.
Penalty increased to $500 by section 19 of the 1990(No.20 Amendment Act.

Penalty increased to $500 by section 14 of the 1995(No.1) Amendment Act.	
Section 44:

Sections 45, 45A and 45B:

Sections 46, 46A & 46B:

Section 47:

Section 49:

Section 50,(1)(a)(i):

Section 51(1)(d);

Section 52:

Section 56:

Section 56A:

Section 57:

Section 58(10):

Section 59(2):

Section 65(1):

Section 69(4) & 70:

Sections 70A, 70B, 70C, and 70D:

Section 88(e) & (f):

Sections 89, 90 & 91:

Sections 98(c):

Section 99A:

Section 105(1):

Section 106:

Section 111(1):

Section 111(7):

Section 113A:

Sections 135A & 135A(5):

Schedule-Forms:

	Substituted by section 15 of the 1995(No.1) Amendment Act.

Substituted and added by section 16 of the 1995(No.1) Amendment Act.

Substituted and added by sections 17 and 18 of the 1995(No.1) Amendment Act.

Substituted by section 19 of the 1995(No.1) Amendment Act.

Substituted by section 9 of the 1984(No.27) Amendment Act.

Inserted by section 20 of the 1995(No.1) Amendment Act 

"Nomination fee" substituted by section 10 of the 1984(No.27) Amendment Act.

The words "noon on nomination day" were substituted by section 21 of the 1995(No.1) Amendment Act.

Whole section substituted by section 22 of the 1995(No.1) Amendment Act.

Added by section 23 of the 1995(No.1) Amendment Act.

Words "Nomination Fee" substituted by section 12 of the 1984(No.27) Amendment Act.

In the proviso words "5 clear days" substituted by section 13 of the 1984(No.27) Amendment Act.

Subsection added by section 24 of the 1990(No.20) Amendment Act.

New subsection substituted by section 14 of the 1984(No.27) Amendment Act.

Figure $100 substituted in each instance by sections 24 and 25 of the 1995(No.1) Amendment Act.

Added by sections 25, 26, 27 and 28 of the 1990(No.20) Amendment Act.

Words: "on conviction" and "1 year" and figure "$500" added and substituted by section 26(1) and (2) of the 1995 Amendment Act.

Words: "on conviction" added by sections 27, 28 and 29 of the 1995(No.1) Amendment Act. Penalties increased to $500 and 6 months by some sections.

New subsection added by section 30 of the 1995(No.1) Amendment Act.

New section added by section 15 of the 1984(No.24) Amendment Act.

Subsection substituted by section 31 of the 1995(No.1) Amendment Act.

Expression "7 days" substituted by section 29 of the 1990(No.20) Amendment Act.

Expression "7 days" substituted by section 30 of the 1990(No.20) Amendment Act

New subsection added by section 30 of the 1990(No.20) Amendment Act.

New section added by section 2 of the 1991(No.5) Amendment Act. The proviso added by section 3 of the 1995(No.12) Amendment Act.

Amendment subsection (5) was subsequently repealed and replaced by section 3 of the 1991(No.1) Amendment Act.

Form 1D added by section 32 of the 1990(No.20) Amendment Act which was subsequently amended by section 32 of the 1995(No.1) Amendment Act.

Form 2 amended by section 32 (2) of the 1990(No.20) Amendment Act.

Form 5 and Form 7 new forms replacing previous ones by sections 32(2) and 32(3) of the 1995(No.1) Amendment Act.	

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

By the Electoral Amendment Act 2000 (No. 8) -

Section 2 The definition of "offence" was inserted.

Section 5 In subsections (3) and (4) the phrase "12 months" was replaced with 3 years.

Paragraph (c) was inserted into subsection (6).

Subsections (7) and (8) were inserted.

Section 10 Paragraph (j) was deleted.

Section 11 All references to "(j)" were deleted and some consequential amendments were made.

Part IIA This new Part was inserted.

Section 16 Paragraph (g) was deleted from subsection (2).

Section 18B This new section was inserted.

Section 19 The words "or grandchild" were inserted into paragraph (b)(i).

Section 45C This new section was inserted.

Section 49 The fee was increased to $300.

Section 56A This section was repealed and replaced with its current form.

Section 59 A new subsection (1A) was inserted.

Section 70E This new section was inserted.

Section 73 The fine was added to subsection (5).

Section 76 Subsection (2) was deleted and replaced with its current form.

Section 79 The words "and such Returning Officers designated under section 76 of this Act" were inserted.

Section 81 The fee was increased to $500.

Section 99A Subsection (4) was inserted.

Section 107 The amount was increased to $2,000

Section 110 This section was repealed and replaced with its current form.

Section 135A The number 10 was replaced with 11.

Section 136 The power to impose fines was increased to 2 penalty units.

Schedule Amendments were made to Forms 1A and 2.

The fines were increased in sections 12, 14, 24, 25E, 32, 40, 41, 42, 43, 68, 69, 70, 88, 89, 90, 91 and 101.

By the Electoral Amendment (No. 2) Act 2000 (No. 10) -

Section 5 Paragraph (d) was added to subsection (6).

Subsection (7) was repealed and replaced with its current form.

Section 10 The words "in the manner and for the period prescribed under the Standing Orders of the Parliament of Samoa" were added to paragraph (a).

Schedule The words "Solicitor of the Supreme Court or Commissioner/Deputy Commissioner of the Supreme Court" were deleted from Forms 1A and 2 and replaced with "Person authorised to take declarations pursuant to section 21 of the Oaths, Affidavits and Declarations Act 1963".

By the Electoral Amendment Act 2005 (No. 3) -

Section 2 The definitions of "Commissioner" and "Commissioner" were deleted. Definitions of "Electoral Commissioner", "public service law" and "Standing Orders" were inserted.

The words "Commissioner" Commissioner", "Commissioner" and "Commissioner" were deleted from the Act. The word "Commissioner" was substituted (except in the Forms where "Electoral Commissioner" was substituted).

Section 3 This section was repealed and replaced with sections 3, 3A and 3B.

Section 4 This section was repealed and replaced with its current form.

Section 5 The words "is the holder of a Certificate of Identity pursuant to section 135A of that Act" were deleted from subsection (1).

Section 10 A new paragraph (j) was inserted.

Section 15F This new section was inserted.

Section 16 Subsections (2)(b), (d), (e) and (f) were deleted. Subsections (3), (4), (5), (6), (7) and (8) were deleted. These deleted provisions were replaced by subsections(2)(b) and (3) in their current form.

Section 19 The word "grandchild" was deleted from subsection (1)(b)(i).

Section 22 All the words after "individual voter's role" were deleted from subsection (2).

Section 25B New subsections (1A) – (1K) were inserted.

Section 25C Subsection (6) was deleted.

Section 70A The words "to section 70B" were deleted.

Section 70B This section was deleted.

Section 97A This new section was inserted.

Section 135A This section was deleted.

By the Electoral Amendment (No. 2) Act 2005 (No. 14) -

Section 19 The word "grandchild" was reinserted into subsection (1)(b)(i). 

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

The commencement date is inserted after the assent date under the Attorney General's powers in the Revision and Publication of Laws Act 2008. Where the commencement date is not stated in the Act, the date of assent is the commencement date (Acts Interpretation Act 1974). No amendment has been made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2009

The following amendments have been made to this Act-

By the Electoral Amendment Act 2009, No.21

Section 3A(1) - Deleted the word "and" from the end of paragraph (h) and inserted paragraph (i) and renamed paragraph (i) as paragraph (j).

Section 5 - Subsection (1) was amended by inserting the words "and is the holder of a matai title" between the words "individual voters' roll" and "is qualified".

 - A new proviso was inserted after subsection (1).

 - Subsection (3) was deleted and replaced with a new subsection (3).

 - Subsection (4) was amended by replacing the words "has not" appearing between the words "or that person" and "resided in Samoa" with the words "fails to provide his or her statutory declaration to the Commissioner that the person has".

 - Subsection (5)(b) was deleted and replaced with a new subsection (5)(b).

- Subsection (6)(d) was amended by:

(i)	Deleting and replacing subparagraph (ii) with a new subparagraph (ii);

(ii)	Deleting the words "or other information referred to" in subparagraph (iii).

Section 11 - Subsection (1) was amended by inserting "or 10(m)" after "10(k)".

 - Subsection (3) was amended by inserting "or (m)" after "said paragraphs (k)".

Section 12 - Deleted and substituted the words "or after conviction of an offence punishable by death or by imprisonment for a tern of two (2) years or upwards" with the words "or after conviction in any jurisdiction within the previous eight (8) years, of an offence punishable by death or by imprisonment for a term of four (4) years or more".

Section 15A - Inserted between the words "party may" and "be registered" the words "by application in Form 1C of the First Schedule".

Section 15B - Subsection (1) was amended by inserting at the end of the word "Commissioner" the words "by the Secretary of the party.".

 - Subsection (2)(c) was amended by deleting subparagraph (iv), renaming the current subparagraph (v) as subparagraph (iv), and replacing the number "100" with the number "8" in the new subparagraph (iv).

Section 15F - Subsections (5) and (6) were inserted at the end of this section.

Section 16 - Deleted and substituted the entire subsection (3) with a new subsection (3) and inserted a subsection (4).

Section 18C - A new section inserted after section 18B.

Section 19(2) - Deleted and substituted "he or she:" with "the person is registered as an elector:".

 - Deleted paragraphs (a) to (c)

Sections 24 & 25 - These sections have been repealed.

Section 32A - Deleted and substituted the figure "4" where it appears with the figure "5" in subsections (1) and (2).

Section 34 - Deleted and replaced entirely with a new section 34.

Section 44 - Deleted and replaced entirely with a new section 44.

Section 45 - Deleted and replaced the word "warrant" and with the words "writ for general elections".

Section 45A(1) - Inserted a new paragraph (b) and renumbered current paragraphs (b) and (c) as paragraphs (c) and (d) respectively. 

Section 47 - Deleted and replaced the words "Head of State" with the words "Deputy Speaker".

Section 50 - Deleted the full stop (.) at the end of paragraph (b) and inserted ";or".

 - Inserted paragraph (e) after paragraph (d).
 
 - Deleted subsection (2).

Section 52(1) - Deleted and replaced with a new subsection (1).

Section 65(1) - Deleted and replaced "9 o'clock" with "8 o'clock".

Section 65A - A new section inserted after section 65.

Section 70E - Subsection (1) was amended by inserting the words "employed in the services and places of employment in section 5 of the Public Holidays Act 2008" between the words "or voter" and "shall be".

 - Subsections (2) and (3) were deleted.

Section 79 - Inserted subsection (4) after subsection (3).

Section 80 - Deleted and replaced the second sentence in subsection (1) with a new insertion.

Section 97B - A new section inserted after section 97A.

Section 99A - Subsection (4) was deleted.

Section 101 - Deleted and replaced paragraphs (a) and (b) with new paragraphs (a), (b) and (c).

Section 103 - Deleted and replaced the first paragraph before the proviso with a new insertion.

 Section 105 - Deleted and replaced the full stop (.) at the end of paragraph (b) with a semi colon (;).
 
 - Inserted paragraph (c) after the proviso to paragraphs (a) and (b). 

Section 106 - Inserted the word "working" between the figure "7" and the words "days after the day".

Section 107A - A new section inserted after section 107.

Section 130A - A new section inserted after section 130.

Consequential 
Amendments - The expression "section 34(1)" was replaced with the expression "section 34(1) and (2)" wherever it appeared.
 
 - The expression "Form 1A" was replaced with the expression "Form 1D" wherever it appeared.

 Repeals - The Electoral Regulations 2001 have been repealed.

Schedules - Form 1 was amended by deleting the figure "4" in the expression "Section 4, 63, 64".

 - Forms 1A, 1B and 1C were inserted after Form 1.

 - Form 1A was amended by substituting the expression "Section 12" with the expression "25B(3), and by deleting and replacing the heading "Form 1A" with the heading "Form 1D".

 - Form 2 was amended by deleting clauses B and C.

 - Form 4 was amended by deleting and replacing the word "Surname" in the second column, with the words "Title(s) or Surname".

 - Form 8 was amended by replacing the expression "Section 56(5)" with the expression "Section 58(8)".
 
 - Forms 10 and 11 were inserted after Form 9.

The Electoral Amendment Act 2009 commenced on 27 October 2009. Section 5 of the same Act commenced on 02 February 2010, and section 15 commences on 01 July 2010.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Electoral Act 1963 is administered in the Office of the Electoral Commissioner.