Intelligentsiya: Leaked Copy of Electoral Decree Bill 2014

January 10, 2014

Leaked Copy of Electoral Decree Bill 2014

JFW Draft 3 December 2013

GOVERNMENT OF FIJI

ELECTORAL DECREE BILL 2014

Arrangement of clauses

PART [Pre] – PRELIMINARY

Pre1. Short title and commencement

Pre2. Interpretation

PART [EC] – SUPERVISOR OF ELECTIONS

SE1. Functions and powers of the Supervisor of Elections

SE2. Appointment of electoral officers

PART [AS] - ALLOCATION OF SEATS

AS1. Electoral districts

AS2. Allocation of seats

AS3. Review of allocation

PART [CE] - CONDUCT OF ELECTIONS

Election notice

CE1. Election notice
CE2. Action on a vacancy

CE3. Effect of dissolution of Parliament

Nominations

CE4. Nomination day

CE5. Nomination of independent candidates

CE6. Nomination of party candidates

CE7. Deposits and statements of support

CE8. Nominations to be displayed
CE9. Withdrawal of candidate

CE10. Objections to nominations

CE11. Proceedings after objections

CE12. Disqualification of candidate after nomination

Preparations for poll

CE13. Notice of poll

CE14. Voting by ballot

CE15. Names on ballot papers

CE16. Symbols on ballot papers

CE17. Return or forfeiture of deposits

CE18. Presiding officers and clerks
CE19. Facilities at polling stations

CE20. Polling agents

The poll

CE21. Times for polling

CE22. Ballot boxes to be shown empty before poll starts

CE23. When and where voters entitled to vote

CE24. Questions to be put to voter

CE25. Voting procedure

CE26.              Tendered ballot papers
CE27.              Spoiled ballot papers
CE28.              Illiterate or incapacitated voters

CE29. Persons not to remain in polling stations

CE30. Participation by candidates and polling agents

CE31.              Presiding officers to maintain order
CE32.              Communication with voters in polling station prohibited
CE33.              Prevention of irregularities as to ballot papers

The count

CE34. Sealing of ballot boxes and papers after the poll

CE35.              Ballot paper account
CE36.              Count officers and counting agents
CE37.              Arrangements for the count

CE38. Who may be present at the count
CE39. Opening of ballot boxes

CE40. Counting the votes

CE41.              Invalid ballot papers
CE42.              Objections to ballot papers
CE43.              Recounts

CE44. Awarding of seats

CE45. Documents to be sent to Supervisor of Elections

CE46. Awarding of compensatory seats

CE47. Announcement of result

CE48. Special procedure for counting votes

PART [EO] – ELECTORAL OFFENCES

EO1. Scope of the Part

EO2. Offences in connection with forms, etc.

EO3. Offences in relation to electoral information

EO4. Offences in relation to ballot papers

EO5. Bribery

EO6. Undue influence

EO7. Personation

EO8. Heading to electoral advertisements in newspapers

EO9. Printing and publishing of electoral advertisements, notices, etc.
EO10. Badges or emblems in polling stations

EO11.              Campaigning prohibited during poll
EO12.              Power to remove statements, etc.
EO13.             Disobeying lawful directions, etc.
EO14.              Breaches of official duty

PART [ED] – ELECTION DISPUTES

ED1. Role of High Court

ED2. Form of election petition or application
ED3. Security for costs

ED4. Intervention by Attorney General or Supervisor of Elections

ED5. Requirements to be complied with

ED6. Powers of the court

ED7. Evidence that person not permitted to vote
ED8. Irregularities not to invalidate election

ED9. Voiding election for illegal practices, etc.

ED10. Disposal of petition or application

ED11. Copies of petition or application and order of court to be sent

ED12. Costs
ED13. Withdrawal of petition or application

ED14. Rules of court

PART [Misc] – MISCELLANEOUS

Misc1. Power to destroy records
Misc2. Extension of time for election

Misc3. Regulations

____________________________

Draft/

ELECTORAL DECREE BILL 2014

PART [Pre] – PRELIMINARY

Short title and commencement

Pre1. (1) This Decree may be cited as the Electoral Decree 2014.

(2) This Decree commences on [xxx].

Insert date

Interpretation

Pre2. (1) In this Decree, unless the contrary intention appears –

“appropriate media” in relation to publication of a notice means that the notice is to be published in daily newspapers circulating in Fiji, on radio and TV, on one or more websites, and at public offices in each electoral district, as well as in the Gazette;

“approved form” means a form approved for the purposes of this Decree by the Supervisor of Elections;

“bribery” means a contravention of section [E)5];

“candidate” means an independent candidate or a party candidate;

“clerk” means a person appointed under section [xx] or [yy] as the case may be;

“compensatory seat” means [xxxxx];

“Constitution” means the Fiji Constitution 2013 [contained in Decree No...... of 2013];

“corrupt practice” means bribery or undue influence;

“count leader” means a person appointed a count leader of a counting team under section [CE36];

“counting centre” means a place appointed for the counting of votes in an election under section [xx];

“counting day” means a day appointed for the counting of votes in an election under section [xx];

“court” means the High Court hearing an election petition or application under Part [ED] of this Decree;

“election” means an election of a member of Parliament;

“election notice” means a notice of an election, published by the Supervisor of Elections under section [CE1]

“Supervisor of Elections” means the Supervisor of Elections appointed under [.....];

“electoral district” means an area of Fiji delineated for the purpose of the election of members of Parliament as shown in the Schedule to the Constitution;

“electoral matter” means a matter that is intended or likely to affect voting in an election;

“electoral officer” means a person appointed by the Supervisor of Elections [or by a registration officer] under section [xx];

Including clerks appointed by a returning officer Supervisor?

“general election” means an election for all the seats in Parliament;

No provision for by-elections is required, as all vacancies are filled from the candidate list in the election. But what if there are no candidates left in a district?

“illegal practice” means a contravention of this Decree or the Regulations;

“illiterate or incapacitated voters list” means the list compiled under section [CE28];

“independent candidate” means an individual who [is nominated to stand][stands] in an election in accordance with this Decree and is not a party candidate;

“invalid ballot paper” means a ballot paper that is invalid in terms of section [CE241];

“issuing point” in relation to a polling station, means a place in the polling station at which ballot papers are issued to persons voting at the station;

“list of post-register deletions” means a list containing those names that have been removed from the Register during the period between the date fixed for the closure of the Register and the polling day;

“list of post-register registrations” means a list containing those names that are registered during the period between the date fixed for the closure of the Register and the polling day;

“lives” in relation to a person, means the place where the person normally sleeps;

“mental disorder” has the same meaning as in the Mental Health Decree 2010;
monitor?? observer
“petition” means an election petition brought under Part [ED];

“nominating party” means a political party that nominates candidates on a party list;

“nomination day” in relation to an election, means the day appointed by the Supervisor of Elections for the nomination of candidates for the election under section [CE4];

“party” means a political party;

“party candidate” means an individual who is included in the party candidates’ list for a political party;

“party list” means a list of individuals nominated by a party to be candidates in an election in a particular electoral district;

“place of nomination” in relation to an election, means the place appointed by the Supervisor of Elections for the receipt of nominations of candidates for the election under section [xx];

“polling agent” means a person appointed pursuant to section [CE20] as a polling agent by an independent candidate or a political party;

“polling day” means the day determined by the Supervisor of Elections for polling to take place in an election, if a poll is required;

“polling station” means a building, structure, vehicle, vessel or enclosure, or a part of a building, structure, vehicle, vessel or enclosure, established at a place, pursuant to section [CE19], for the purpose of taking votes during polling;

“presiding officer” means any person performing the duties of a presiding officer at a polling station or at an issuing point at a polling station under this Decree;

“public officer” in relation to a party means the person designated as the public officer of the party pursuant to [the Political Parties Decree 2013];

“publish’’ means to produce and make available to the public, including electronically;

“Register” means the National Register of Voters established under the Electoral (Registration of Voters) Decree 2012;

“Register of Political Parties” means the Register of Political Parties established under the Political Parties Decree 2013;

“registered voter” means a person who is registered as a voter under the Electoral (Registration of Voters) Decree 2012;

“registration officer” means any officer appointed by the Supervisor of Elections to register citizens in the Register;

“registration period” means –

(a) in respect of the first election held after the commencement of this Decree - the period from and including the date of commencement of this Decree to and including the date of publication of an election notice for that election; and

(b) in respect of any other election - the period from and including the date of the official announcement of the election results of any previous election to and including the date of publication of an election notice day for the following election;

“regulations” means regulations made under section [Misc4];

“residential address” means the address where a person lives, including the province and division, [provided however that he or she has lived there for a period of at least three (3) months immediately before registration];
Omit words in brackets? They are in Decree 54/12 but disqualify many people from being registered!

(Should not be in a definition, but a substantive rule, if wanted.)

“returning officer” means a person appointed as a returning officer for an electoral district under section [xx] and any other person performing the functions of a returning officer under this Decree;

“spoiled ballot paper” has the meaning given to it by section [CE27];

“Speaker” means the Speaker of Parliament elected under the Constitution;

“tendered ballot paper” means a ballot paper referred to in section [CE26];

“tendered vote list” means the list compiled under section [CE26];

“undue influence” means a contravention of section [EO6];

“voter” means a person who exercises or seeks to exercise his or her right to vote in an election;

“voter number” means a unique identification number assigned to every voter under the Electoral (Registration of Voters) Decree 2012.

(2) For the purposes of this Decree –

(a) 2 or more terms of imprisonment that are required to be served consecutively are to be regarded as a single term of imprisonment for the aggregate period of those terms; and

(b) account is not to be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

(3) If this Decree requires public notice to be given of any matter, either in a newspaper or by broadcast, it must be published or broadcast, as the case may be, in English, Fijian and Hindi.

PART [SE] – SUPERVISOR OF ELECTIONS

Functions and powers of the Supervisor of Elections

SE1. (1) The Supervisor of Elections has general responsibility for the registration of voters for elections of members of Parliament and the conduct of those elections, in accordance with Chapter [xx] of the Constitution, and this Decree.

(2) Without limiting subsection (1) –

(a) if Parliament has been dissolved before the end of its term, the Supervisor

must set a date for a general election, in accordance with Article [xx] of the Constitution; and

(b) in accordance with Article [xx] of the Constitution, the Supervisor may

arrange early, or alternative, voting days, either generally, or in all or part of any particular electoral district.

(3) The Supervisor of Elections must take all reasonable steps to encourage all citizens to become registered and to vote at elections for Parliament.

(4) The Supervisor of Elections, as required by Article [xx] of the Constitution, must administer any local government elections which are required to be conducted by the Local Government Act (Cap.125) in a manner consistent with the Constitution.

(5) The Supervisor of Elections may –

(a) appoint electoral officers, as provided by section [SE2];

Are they employees? They could be public offices redeployed/assigned/designated for the duration of an election

(b) issue to electoral officers instructions that the Supervisor of Elections

considers necessary to ensure the effective performance of their duties;

(c) correct any error, omission or duplication on any application or other document made or issued under this Decree which appears to have been made inadvertently, other than in a ballot paper;

(d) do all other things reasonably needed to perform its functions under the Constitution or this Decree .

Appointment of electoral officers

SE2. (1) The Supervisor of Elections must appoint for each electoral district –

(a) a registration officer;

(b) an assistant registration officer;

(d) an assistant returning officer.

(2) When making appointments under subsection (1), the Supervisor of Elections may –

(a) appoint more than one registration officer for an electoral district; and

(b) appoint a person to be a registration officer or returning officer for more than one electoral district, in which case the Supervisor of Elections must appoint an assistant registration officer or an assistant returning officer as the case may be for each electoral district concerned.

(3) An assistant registration officer for an electoral district may exercise all the powers and perform all the duties and functions of the registration officer for the electoral district and, subject to subsection (4), an assistant returning officer for an electoral district may exercise all the powers and perform all the duties and functions of the returning officer for that electoral district.

(4) An assistant returning officer is not a returning officer for purposes of section [xx], and must not exercise any power or perform any function of a returning officer under section [yy] or [zz] unless––

(a) the returning officer is unavoidably prevented from exercising the power or

performing the function; or

(b) the returning officer has been appointed returning officer for more than one

electoral district.

(5) Registration officers may appoint registration clerks to assist them, as the Supervisor of Elections approves.

(6) Every person appointed under this section must, before taking up office, make a declaration in the approved form.

(7) Public notice must be given in the Gazette of all appointments made under this section.

PART [AS] – ALLOCATION OF SEATS

Electoral districts

AS1. (1) The boundaries of the electoral districts are as set out in the Schedule to the Constitution.

(2) The Supervisor of Elections must (and whenever the boundaries are altered) publish maps showing the boundary of each electoral district.

I thought there is now only one seat…. The whole countries

Allocation of seats

AS2. (1) The number of seats to be allocated to each electoral district pursuant to Article [xx] of the Constitution are as shown in Schedule [1] to this Decree.

(2) Each electoral district is, as far as possible, to contain a similar number of registered voters.

Review of allocation

AS3. (1) The Supervisor of Elections must collect and maintain records of statistics relating to the population in each electoral district, so as to facilitate the periodical review of the allocation of seats.

(2) The Supervisor of Elections must publish the statistical data on which decisions about allocation of seats are based.

(3) Whenever the Supervisor proposes to recommend an amendment to Schedule [1], he or she must, by notice published in the Gazette, in a daily newspaper and by radio broadcast, invite submissions from political parties, members of Parliament and any other person or body wishing to make a submission to it.

(4) The invitation for submissions must specify a period of not less than 60 days for the making of submissions.

(5) The invitation mentioned in subsection (4) must be published in the Gazette, and in other appropriate media, including overseas.

PART [CE] - CONDUCT OF ELECTIONS

Election notice

Election notice
CE1. (1) Whenever, under the Constitution, an election is to be held in any electoral district, the Supervisor of Elections must determine a date for polling to take place in that electoral district, in accordance with Article [90] of the Constitution.

(2) The Supervisor of Elections must then issue an election notice and publish it in the Gazette and in other appropriate media. The election notice must be published at least [21] days before the election is to be held.

OK?

(3) The election notice must –

(a) specify the number of members that are to be returned for the electoral district, or each of the electoral districts, to which it relates;

(b) specify the date for the election determined under subsection (1);

(c) specify the date on which, [and the place at which,] the returning officer will receive nominations of candidates for the election; and

Should be the Supervisor of Elections?

(d) specify the date on which the poll will be held if the election is contested.

(4) An election notice for a general election must in respect of every electoral district –

(a) be issued on the same day; and

(a) specify the same nomination day.

Action on a vacancy

CE2. (1) If it appears to the Speaker that the place of a member of Parliament has become vacant, the Speaker must in writing inform the Supervisor of Elections of the vacancy and of the cause of the vacancy and the Supervisor must publish a notice in the Gazette.

(2) If a seat is vacated during the term of Parliament, the Supervisor of Elections must award the seat to the next candidate in the election, who –

(a) is still available to serve at the time of the vacancy; and

(b) was next in line to receive a seat immediately after the election, as determined

in accordance with this Decree.

Effect of dissolution of Parliament
CE3. If after the issue of an election notice but before the declaration of the election of one or more members pursuant to the notice Parliament is dissolved, the election has failed and the Supervisor of Elections must publish a notice accordingly.

Nominations

Nomination day

CE4. (1) The Supervisor of Elections must publish in the Gazette and in other appropriate media a notice in the approved form of –

(a) the nomination day; and

(b) the place of nomination,

in respect of the electoral district.

(2) A notice under subsection (1) must specify a period of 7 hours between the hours of 8.00 a.m. and 4.00 p.m. that is appointed for the receipt of nominations and the returning officer must attend at the place of nomination during all those hours.

Nomination of independent candidates

CE5. (1) A person wishing to stand as an independent candidate in an election for any electoral district must be duly nominated in writing on a nomination paper in the approved form and the nomination must be signed by not less than 7 persons entitled to vote in the electoral district for which the candidate seeks election (in this section called “nominators”)

(2) If a person signs the nomination paper of more than one independent candidate in the same electoral district, the signature is not valid for the second or later nomination delivered in accordance with subsection (8).

(3) The nomination paper must set out –

(a) the full name;

(b) the residential address;

(d) the voter number,

of the candidate and of each nominator.

(4) An independent candidate cannot stand in more than one electoral district in the same election.

(5) A nomination of an independent candidate is not valid unless the candidate indicates his or her consent by signing the nomination paper and making a declaration on the nomination paper that –

(a) to the best of his or her knowledge and belief, he or she is qualified under the

Constitution to be elected as a member for the electoral district to which the nomination relates; and

(b) he or she is not, and does not intend to be, a candidate in any other electoral

district on the same day as the election to which the nomination relates.

(6) In the nomination paper, an independent candidate must specify –

(a) an office or place within the electoral district; or

(b) an office or place within 25 kilometres of the place of nomination,

as his or her address for service.
Will (b) be needed?

(7) Delivery at the office or place specified under subsection (6) of any notice, claim, writ of summons, electoral petition or other document addressed to the candidate is deemed to be service on the candidate of the document.
Electronic service?

(8) The nomination paper must be delivered to the returning officer for the electoral district by the candidate, or by a person appointed by the candidate in writing, at the place of nomination, during the time appointed for receiving nominations in that electoral district.

(9) A nomination must not be rejected because of any formal defect or error in the nomination if the returning officer to whom the nomination paper is delivered is satisfied that this section has been substantially complied with.

Nomination of party candidates

CE6. (1) Only registered political parties can nominate party candidates for an election, and must do so in accordance with this section.

(2) A party wishing to nominate one or more party candidates in an election for any electoral district must –

(a) include the name of each party candidate in a list [in an approved form]

for that electoral district (to be known as the ‘party list’);

(b) rank candidates in the party list for each electoral district in the order they are

to be assigned seats in Parliament, in accordance with the Constitution; and

district by close of nominations on the nomination day for the election in that electoral district.

(3) A party list for any electoral district must be in writing and signed by –

(a) the public officer of the political party; and

(b) the Chair or some other member of the executive body of the party.

(4) A party list must include a certificate that the order of candidates was agreed in accordance with the rules of procedure of the party.

(5) The party list must set out –

(a) the full name;

(b) the residential address;

Needed?

(d) the voter number,

of each party candidate on the list.

(6) Inclusion of a party candidate on a party list is not valid unless the candidate consents by signing the list and a declaration attached to the list that –

(a) to the best of his or her knowledge and belief, he or she is qualified under the Constitution and the other laws of Fiji to be elected as a member for the electoral district to which the list relates; and

(b) he or she is not, and does not intend to be, a candidate in any other election the poll for which is to be held on the same day or between the same dates as the election to which the list relates.

(7) The [returning officer/Supervisor of Elections] is entitled to satisfy himself or herself, after making any inquiries he or she considers appropriate of the public officer of the party or any other person, that a party candidate is duly nominated.

Which?

(8) A party candidate cannot be on a party list in more than one electoral district in the same election.

Deposits and statements of support

CE7. (1) A nomination of a party candidate by a nominating party is not valid unless it is accompanied by [$500] in legal tender or a banker’s cheque.

(2) A nomination of an independent candidate is not valid unless it is accompanied by –

(a) [$500] in legal tender or a banker’s cheque; and

(b) a statement of demonstrated support in the approved form.

(3) A statement of demonstrated support for an independent candidate in an electoral district must –

(a) be received by the returning officer for that district by 5.0 p.m. on the nomination day; and

(b) contain signatures of voters who are registered in the electoral district numbering not less than [1%] of the registered voters in that district.

[Previously, 250, or 5% of the number of valid ballot papers counted in the last preceding election in the electoral district]

(3) If satisfied that the requirements of subsections (1) to (3) have been met in respect of a nominating party or an independent candidate, and that every independent or party candidate is qualified to stand for election in terms of the Constitution and this Decree, the returning officer for the electoral district must –

(a) issue a certificate in the approved form to the public officer of the

party or to the independent candidate (as the case may be) and;

(b) report accordingly to the Supervisor of Elections in the approved form.

Nominations to be displayed
CE8. (1) The returning officer for an electoral district must, if satisfied that a nomination of an independent candidate complies with the requirements of sections [xx] and [yy], cause a copy of the nomination paper to be prominently displayed at the place of nomination in the electoral district.

(2) The [returning officer][Supervisor of Elections], if satisfied that a party list for an electoral district complies with the requirements of sections [aa] and [bb] must –

(a) cause a copy of the list to be prominently displayed at the place of nomination

in the electoral district;

(b) cause notice of the list to be published in a newspaper and broadcast over a

radio station accessible in the electoral district; and

(c) cause the list to be affixed to the outside of every polling station in the electoral district at least 1 hour before the poll opens at that polling station.

(3) [Publication in other appropriate media?]

Withdrawal of candidate
CE9. (1) An independent or a party candidate may withdraw his or her candidacy by giving notice in writing to the returning officer for the electoral district before 2.30 p.m. on the day following nomination day, after which a candidate may not withdraw.

(2) [Amendment of party list because of a withdrawal of a party candidate?]

Objections to nominations

CE10. (1) A person registered to vote in an electoral district may object to the nomination of any candidate for that electoral district on the ground that –

(a) the candidate is not qualified to be nominated;

(b) the inclusion of a party candidate on a party list does not comply with the

requirements of the Constitution or this Part.

(2) An objection under subsection (1) must be in writing and must –

(a) set out the full name as it appears in the Register, the address and the voter number of the person objecting;

(b) set out the ground or grounds of the objection;

(b) contain a statutory declaration that the objector has made a conscientious effort

to ascertain the truth of those facts and that they are true to the best of his or

her knowledge and belief.

(3) An objection must be –

(a) delivered by the person objecting, in person to the returning officer for the

electoral district, before 5.0 p.m. on the day following nomination day in the electoral district; and

(b) sent by mail or electronic system to the candidate whose candidacy is objected

to.

(4) If the ground for objection to the nomination of an independent candidate is solely that the nomination paper of the candidate does not comply with the requirements of this Part, the returning officer for the electoral district must straightaway decide on its validity, and for that purpose may ask the candidate whose nomination is objected to any relevant question, either in an interview, in writing, or by electronic means, duly recorded.

(5) A decision by a returning officer under subsection (4) is final and can only be questioned in proceedings on an election petition under Part [ED].

(6) If the objection to the nomination of a candidate is on a ground, or includes a ground, mentioned in subsection (1)(a) or (c) above, the returning officer for the electoral district must notify the Supervisor of Elections as soon as practicable, and the Supervisor must arrange to make a decision on the objection as soon as possible.

(7) Any challenge to a decision by the Supervisor of Elections under subsection (8) must be dealt with by the court on an election petition under Part [ED].

Proceedings after objections

CE11. (1) If in any electoral district after the expiry of the time provided for the withdrawal of candidates under section [CE9] and after the returning officer for that electoral district has decided any objection under section [CE10], only one independent candidate or one nominating party for each seat allocated to the electoral district remains nominated, the returning officer must –

(a) if the remaining candidate is an independent candidate, award the seat to that candidate; or

(b) if it is one nominating party that remains, award he seat to the highest-ranked candidate on that party’s list; and

(b) in either event notify the Supervisor of Elections in the approved form.

(2) If the election in any electoral district is contested, the returning officer for that electoral district must transmit by the most expeditious means to the Supervisor of Elections –

(a) the names of the independent candidates and nominating parties in the order in which their names should be printed in the ballot papers; and

(b) the number of ballot papers required for the election.

Disqualification of candidate after nomination
CE12. (1) If after an independent candidate in an election has been nominated and before polling day the Supervisor of Elections declares the candidate to be disqualified from election, the Supervisor must order the name of the candidate to be omitted from the ballot papers in the election.

(2) If an order is made under subsection (1) the Supervisor must cause to be printed a sufficient number of ballot papers for the poll with the name of the disqualified candidate or party omitted.

(3) If ballot papers including the name of a disqualified candidate or party have been printed before an order under subsection (1) is made, they must be made up into secure packages and sent to the Supervisor of Elections.

(4) The returning officer must publish in the Gazette and in other appropriate media, a notice of the order in which the names of the candidates and parties will be printed on ballot papers as a result of an order under subsection (1).

(5) Same if candidate dies.

Preparations for poll

Notice of poll
CE13. (1) If an election for an electoral district is contested, the returning officer for the electoral district must, as soon as practicable, give notice of the poll in the Gazette and in other appropriate media.

i.e. more candidates than allocated seats after close of nomination day

(2) The notice given under subsection (1) must contain the following information in relation to each independent candidate –

(a) particulars of the candidate as described in his or her nomination paper, with the last name (if any) of the candidate appearing before the first name; and

(a) the name or names of the person or persons who nominated the candidate under section [xx].

(3) The notice given under subsection (1) must contain the following information in relation to each party candidate –

(a) particulars of the candidate as described in the party list nominating the candidate, with the last name (if any) of the candidate appearing before the first name; and

(b) the name of the nominating party.

(4) Each party candidate should be listed in the order the Party placed them, not alphabetically

(5) The notice must set out –

(a) the place or places at which polling stations for the electoral district will be established for the purpose of taking votes during polling; and

(b) the date or dates and hours between which the returning officer or an assistant returning officer or presiding officer will attend at the various polling stations to take votes.

(5) A copy of the notice given under subsection (1) must, as soon as practicable, be exhibited at all post offices and court houses in the electoral district to which it relates.

Voting by ballot
CE14. (1) The votes in a poll must be taken by ballot and the ballot of each voter must consist of a paper prepared in accordance with this Decree.

(2) The ballot paper must be in, or substantially in accordance with, the form prescribed in Schedule [2] to this Decree.

(3) Following the receipt by the Supervisor of Elections of the names of the independent candidates who are nominated for election in an electoral district, and of the nominating parties, the Supervisor of Elections must cause to be printed a sufficient number of ballot papers for the ballot of each voter at the poll in that electoral district.

(4) Opposite the name of each independent candidate and of each nominating party, if any, a square must appear for the marking of votes by voters.

(5) Ballot papers must be capable of being folded and must be bound in books with serially numbered counterfoils.

(6) Subject to section [xx], ballot papers must be kept at all times in safe custody.

Names on ballot papers
CE15. (1) To determine the order in which names of independent candidates and of nominating parties should appear on the ballot paper, the returning officer for the electoral district must, immediately after the close of nominations, at the place of nomination and before all persons present at that place –

(a) prepare a list of the names of independent candidates and of nominating parties in alphabetical order;

(b) read out the list;

(c) place a number of balls equal to the number of independent candidates and nominating parties, being balls of equal size and weight and each of which is marked with a different number, in a cylindrical container large enough to allow all the balls to move about freely when the container is rotated;

(d) rotate the container and permit any other person present who wishes to do so to rotate the container;

(e) cause a person who is blindfolded and has been blindfolded since before the rotation of the container in accordance with paragraph (d) to take the balls, or cause the balls to come out of the container one by one and, as each ball is taken or comes out, pass it to an electoral officer (nopt beiong the returning officer) who must call out the number on the ball;

(f) as each number is called out in accordance with paragraph (e) write the number opposite to the first name in the list prepared in accordance with paragraph (a) which does not have a number opposite to it;

(g) place all the balls back in the container and repeat the process described in paragraphs (d) and (e);

(h) prepare a list of the numbers called out in accordance with paragraph (e) in the order in which they were called out; and

(i) write on the list of numbers prepared under paragraph (h) opposite to each number the name set out opposite to that number under paragraph (f).

(2) If 2 or more independent candidates have the same name, the names of those candidates may be identified by such description or addition as will distinguish them from one another.

(3) The only personal names which may appear on ballot papers are those of candidates, or any other name used to distinguish 2 candidates with the same name, as provided for by subsection (2).

(4) An identification of an independent candidate, such as occupation, title, honour or degree, must not appear on a ballot paper.

Symbols on ballot papers

CE16. (1) The registered symbol of every independent candidate and of every nominating party in an election must be printed next to the name of the candidate or party on the ballot papers for use in the election.

(2) In the case of an independent candidate, the Supervisor of Elections must –

(a) ask the candidate to choose a symbol from a list of symbols supplied by the Supervisor;

(b) allot the candidate the symbol chosen by the candidate or, if that symbol is not available, a symbol allotted by the Supervisor, and inform the candidate, by registered post or in writing served personally upon the candidate, of the symbol allotted to him or her; and

(3)        The symbols used or allotted under this section must, as far as practicable, be printed on the ballot papers in uniform size for all independent candidates and nominating parties.

(4)        The Supervisor of Elections must as soon as possible after nomination day publish in the Gazette a list of the independent candidates and nominating parties in an election and their respective symbols.

(5)        In this section, “registered symbol”, in relation to a political party, means the symbol of the party entered in the Register of Political Parties.

Return or forfeiture of deposits
CE17. (1) In this section, “candidate” means a candidate whose nomination was accompanied by a deposit as required by section [CE7].

(2) If –

(a) a candidate dies before the polling day;

(b) a candidate is elected or would have been elected had he or she not died between the close of the poll and the declaration of the result of the poll; or

(b) a candidate is not elected but the number of votes polled in the candidate’s favour is at least 5% of the total number of votes polled in favour of all the candidates and parties in the election,

Is this OK?

the amount deposited in respect of the candidate under section [CE7] must be returned, as soon as practicable, to the person by whom it was made or to his or her personal representative.

This needs rewriting to provide for party candidates and for parties losing deposits.

(3) The amounts deposited in respect of all other candidates, including candidates who cease to be qualified to be nominated as candidates, are forfeited to the State and must be paid into the Consolidated Fund.

Presiding officers and clerks
CE18. (1) The Supervisor of Elections must appoint a presiding officer to preside at each polling station in the electoral district and, if a polling station has more than one issuing point, may appoint an assistant presiding officer for each issuing point.
Say ‘may assign a public officer to be…’ if wanted

(2) If an election is being held for more than one electoral district, the same persons must not be appointed as presiding officer or assistant or deputy presiding officer in respect of more than one electoral district.

(3) A person appointed as a presiding officer or assistant presiding officer under subsection (1) must –

(a) attend at the relevant polling station on the day or days and during the hours appointed for taking the poll at that station;

(b) subject to this Decree, receive the votes of all persons whose names are on the division of the Register for the electoral district concerned and who appear and apply for a ballot paper.

(4)        The Supervisor of Elections may appoint a deputy presiding officer or deputy assistant presiding officer to perform the duties of a particular presiding officer or assistant presiding officer at a polling station in that electoral district during the temporary absence of the presiding officer or assistant presiding officer.

(5)        The Supervisor of Elections may appoint as many clerks as the Supervisor of Elections approves to effectually conduct an election in that electoral district.

(6)        A person must not be appointed under this section for any purpose connected with an election if that person has been employed by anyone other than an electoral officer in or about the election.

(7)        A deputy presiding officer or assistant presiding officer may do any act that the presiding officer is authorised or required by or under this Decree to do at a polling station or issuing point, respectively, other than ordering the arrest, exclusion or ejection from the polling station of any person.

(8)        An electoral officer appointed under this section must not begin to perform his or her duties unless he or she has signed a declaration in the approved form.

Facilities at polling stations
CE19. (1) The Supervisor of Elections must ensure that every polling station in each electoral district is provided with –

(a) polling booths with separate voting compartments and such other facilities as are necessary for carrying out the election;

(b) an appropriate number of ballot boxes of convenient size, each provided with a lock and key and so constructed that the ballot papers can be placed in them but cannot be taken out without the boxes being unlocked;

(d) materials for voters to mark the ballot papers; and

(e) any written directions for the guidance of voters issued by the Supervisor of Elections.

(2) If a polling station will be receiving votes in more than one electoral district, there must be separate ballot boxes in the polling station for each electoral district.
Will people need to go to the electoral district to vote?

Or will polling stations accept votes for any electoral district?

(3) The voting compartments in a polling station must be so constructed and arranged that voters can mark their votes in private.

(4) The directions to voters referred to in subsection (1)(e) must be in such language or languages as the Supervisor of Elections considers appropriate, consistently with the Constitution.

(5) Without affecting the provisions of section [xx] (relating to illiterate or incapacitated voters) the facilities provided at a polling station must be adequately equipped and designed to enable persons with disabilities or other special needs to cast their vote.

Polling agents

CE20. (1)        Each independent candidate in an electoral district, and each nominating party, may appoint not more than 7 polling agents for each issuing point of each polling station receiving votes in that electoral district and must notify the presiding officer in writing of any appointment before polling opens at the polling station.

(2)        A notice under subsection (1) must specify the names and addresses of the polling agents appointed for each issuing point.

(3)        A polling agent must, before being allowed to act, make a declaration in the approved form before the presiding officer.

The poll

Times for polling
CE21. (1) The poll at every polling station must take place on the day appointed by the Supervisor of Elections under section [CE13].

(2) Unless otherwise specified in the notice under section [CE13], the poll at every polling station must open at 7.30 am and must not close until all voters present in the polling station at 5.30 p.m., and desiring to vote, have voted.

i.e. 12 hours enough?

Too much 9-4

(3) The doors of every polling station must be closed at the closing time specified in subsection (2) and a person must not be admitted to a polling station after that time for the purpose of voting.

Unless already in the line?

Or give power to extend?

Can polling be on any day of the week?

Ballot boxes to be shown empty before poll starts

CE22. (1) The presiding officer at a polling station must, immediately before the start of the poll at that polling station –

(a) show each of the ballot boxes to the persons present at the polling station so that they may see that they are empty; the polling tation orthe box… make it clearer…. who can be present?

(b) [lock up and] seal each box in such a way as to prevent it being opened without breaking the seal; and unclear

(2) Each ballot box, after being [locked and] sealed in accordance with subsection (1) must not be opened until the time designated for counting the votes under section [xx].

What about announcing of seal numbers? No.of ballots

When and where voters entitled to vote

CE23. (1) On polling day in an election, a person who is registered as a voter in an electoral district is, subject to subsection (2), entitled to vote at any polling station which is receiving votes for that electoral district. If it is one district then they can vote anywhere
But the votes must be received separately for each district? See CE19(2) above

(2) The division of the Register supplied under section [xx] for the purpose of an election in any electoral district is conclusive evidence of the right of each person registered on the register to vote at the election [in that district] unless the person –

(a) shows by his or her answers to the questions asked under section [xx] that he or she is not entitled to vote;

(b) refuses to answer those questions; or what questions

But this does not identify the voter… that is what is crucial

(c) at the time of presenting to vote has on a finger where???? the indelible substance marked in the way directed by the Supervisor of Elections under subsection [yy](6).

Right to vote will depend on the voter number; how prove relevant district for existing registrations?

(3) The following matters do not warrant the rejection at a polling station or issuing point of a claim to vote if, in the opinion of the presiding officer, the voter is sufficiently identified in the register of voters supplied to that polling station –

(a) omission in the register of any first or last name, address, date of birth or occupation;

(b) entry of a wrong first or last name, address, date of birth or occupation; (all of these together?

(d) transposition of any first or last name, address, date of birth or occupation.

(5) If a registered voter has since the compilation of the Register changed his or her name by marriage or deed poll, he or she is not disqualified from voting under the name appearing on the Register.

Questions to be put to voter
CE24. (1) At a polling station, the presiding officer or a clerk may ask each person attending before him or her and claiming to vote the following –

(a) What is your full name?

(b) Where do you live?

DOB

Question re voter registration number, needed to prove relevant district?

(2) If the person claiming to vote refuses to answer fully any of the questions set out in subsection (1) the person’s claim to vote must be rejected unless he or she is physically disabled.

i.e. deaf and/or dumb

(3) If the person claiming to vote answers the question set out in subsection (1)(c) in the affirmative, his or her claim to vote must be rejected.

Because of CE25(6)

(4) If the presiding officer considers that one of the person’s fingers is already marked with an indelible substance pursuant to subsection (6), his or her claim to vote must be rejected.

(5) In all other circumstances the person’s claim to vote must be accepted and he or she must be given a ballot paper.

(6) Each voter must, before being given a ballot paper, have one finger marked with an indelible substance in the way the Supervisor of Elections directs.

Voting procedure
CE25. (1) At the polling the presiding officer or a clerk must –

(a) call out the name of each voter as he or she is given a ballot paper (but only if there are monitors present); polling agents

(b) write the voter number of the voter on the counterfoil of the ballot paper;

(c) mark the back of the ballot paper with the initials of the presiding officer or clerk, or with an official mark to be used only for the election in progress;

(d) hand the ballot paper to the voter; and

(e) immediately make a mark against or through the name of the voter on the

relevant register of voters, to denote that the voter has received a ballot paper.

(2) The voter must –

(a) upon receipt of the ballot paper, go to a voting booth;

(b) privately mark his or her vote on the paper in the way prescribed by subsection (5);

(c) fold up the paper so as to conceal his or her vote but so as to show the initials of the presiding officer or clerk or the official mark on the back of paper;

(d) show to the presiding officer or clerk the initials or mark on the back of the paper; and Why?

(e) place the paper in a ballot box in the presence of the presiding officer.

(3) The voter must vote without undue delay and must leave the polling station as soon as he or she has put the ballot paper in the ballot box.

(4) Nothing in this section prevents the presiding officer or clerk from folding a ballot paper before handing it to the voter under subsection (1)(d).

(5) The voter must mark his or her vote on the ballot paper by placing a mark in the box opposite the name or symbol of the party (or independent candidate) for whom the voter wishes to vote.

Can be any kind of mark? (But not the voter’s name)

(6) Each voter is entitled to cast one vote in an election.

Tendered ballot papers
CE26. (1) If a person, representing himself or herself to be a particular voter named on the Register, applies for a ballot paper or papers after another person has voted as that voter –

(a) the applicant is, upon duly answering the questions set out in section

[CE24(1)], entitled to mark a ballot paper or papers in the same manner as any other voter; but –

(b) instead of being put into a ballot box, the paper or papers must be sealed by the voter in an envelope and given to the presiding officer who must place the envelope in a separate packet for each electoral district.

(2) Tendered ballot papers must not be counted under section [CE40] unless the court so directs.

(3) If subsection (1) applies in respect of any voter at a polling station, the name of the voter and his or her voter number must be entered on the tendered vote list for that polling station.

System of voter numbers should avoid this problem?

Spoiled ballot papers
CE27. (1) A voter who has inadvertently dealt with a ballot paper in such a way that it cannot be conveniently used as a ballot paper may, on giving it to the presiding officer and establishing the inadvertence to the satisfaction of that officer, receive another ballot paper to replace it.

(2) The spoiled ballot paper must be cancelled by the presiding officer by writing or stamping the word Cancelled across its face and initialling it.

Why not SPOILT

Illiterate or incapacitated voters
CE28. (1) If any voter at a polling station is illiterate or is incapacitated by blindness or other physical reason from voting in the manner prescribed by this Decree, the presiding officer must, at the request of the voter made in the presence of the polling agents, if any, cause –

(a) the voter’s vote or votes more than one???to be marked by a clerk in the presence of another clerk on a ballot paper or papers in the manner directed by the voter; and

(b) the ballot paper or papers so marked to be placed in the ballot box or boxes.

Or allow a disabled or illiterate voter to bring a friend or relative to help them? Surely

(2) The name and voter number of every voter whose vote is marked under subsection (1) must be entered on the illiterate or incapacitated voters list for the polling station.

(3) Nothing in this section entitles any polling agent to see or hear how a voter votes, unless the voter requests the assistance of a polling agent. They shouldn’t

Persons not to remain in polling stations

CE29. Only the following persons not actually engaged in voting may remain in a polling station –

(a) the returning officer for the electoral district;

(b) the assistant returning officers;

(d) the deputy presiding officer and deputy assistant presiding officers (if any);

(e) the clerks;

(f) one polling agent of each independent candidate or nominating party for each issuing point at which ballot papers for the electoral district are being issued;

(g) the Supervisor of Elections;

(h) any person with the written permission of the Supervisor of Elections.

Participation by candidates and polling agents
CE30. (1) A candidate in an election must not take part in the conduct of the poll in the election, other than to cast his or her own vote.

(2) [Same rule for officers of nominating parties, unless polling agent?]

(3) The polling agents of the candidates and nominating parties in an election, if any, may sit where they are able to see each person who presents himself or herself as a voter in the election and hear the name as given by him or her, but must not be where they can see how a voter votes.

(4) A polling agent who –

(a) interferes with or attempts to influence any voter within a polling station; or

(b) communicates with any voter in the polling station except so far as is necessary in the circumstances referred to in subsection [CExx],

commits an offence.

Penalty: 100 penalty units???? and imprisonment for 6 months.

(5) A polling agent must not be prevented from entering or leaving a polling station during the polling and, during the absence of a polling agent, a relieving polling agent may act, but so that only one polling agent for each candidate is present at each issuing point at which ballot papers for the electoral district are being issued in the polling station.

(6) A person who is in a polling station in the capacity of a polling agent must –

(a) wear a badge or other form of identification, supplied by the presiding officer, identifying the person as a polling agent;

(b) upon leaving the polling station, return it to the presiding officer.

Complaints process????

What are they allowed to see/be?

Presiding officers to maintain order
CE31. (1) Every presiding officer in respect of the polling station where he or she is conducting a poll –

(a) must maintain order and keep the peace;

(b) must regulate the number of voters to be admitted at a time; and

(i) obstructs the approaches to the polling station;

(ii) wilfully and unnecessarily obstructs the proceedings at the polling;

(iii) conducts himself or herself in a disorderly way, or causes a disturbance;

(iv) wilfully acts in defiance of the lawful directions of the presiding officer; or

(v) is not lawfully within the polling station. Who has this right?

(2) Presiding officers may request police assistance in maintaining order at polling stations.

Communication with voters in polling station prohibited
CE32. (1) No police officer or official or unofficial person that could be another voter? may communicate with any voter in a polling station on a matter related to the election either before or after the voter has voted, except that –

(a) the presiding officer may, either directly or through an assistant presiding officer or clerk –

(i) do anything that the presiding officer is authorised to do, ask the questions that the presiding officer is authorised to ask and give such general directions as may assist any voter to mark his or her vote; and

(ii) on request inform a voter orally of the names of all the parties and independent candidates in the order in which they appear on the ballot paper and of their symbols;

(iii) do whatever is necessary to keep order within the polling station;

(b) a police officer or other person may act in pursuance of any lawful instructions of the presiding officer.

(2) A person who contravenes subsection (1) may be removed from the polling station by order of the presiding officer.

Can the polling officials give instructions on the process of voting?

Prevention of irregularities as to ballot papers
CE33. In order to prevent any irregularities at an election in connection with the possession of ballot papers, the following steps must be taken –

(a) the Supervisor of Elections must give to the person printing the ballot papers a receipt specifying the total number of ballot papers printed for each electoral district and received by the Supervisor of Elections, and the printer must see that all copies of the ballot papers other than those delivered to the Supervisor of Elections are immediately destroyed;

(b) every returning officer must give to the Supervisor of Elections a receipt JOURNAL/account form specifying the total number of ballot papers received by the returning officer for each electoral district, and must take personal responsibility for the safe custody of the ballot papers from the time they are received until they are issued or otherwise disposed of in accordance with this Decree;

(c) every presiding officer must give to the returning officer a receipt specifying the total number of ballot papers received by the presiding officer for each polling station, and must take personal responsibility for the safe custody of the ballot papers from the time they are received until they are issued or otherwise disposed of in accordance with this Decree;

(d) every presiding officer and assistant presiding officer must take personal responsibility for the safe custody of –

(i) each ballot paper used at the polling station or the issuing point at which he or she presides from the time the ballot paper was placed in the ballot box by the voter; and

(ii) all unused ballot papers and tendered ballot papers, until the parcels of ballot papers have been sent to the returning officer, or to a person designated under section [CE45(2)];

(e) in like manner every returning officer or person designated under section [CE45(2)] must take personal responsibility for the safe custody of all ballot papers used at the polling stations in his or her electoral district, and all unused and tendered ballot papers, until they have been sent to the Supervisor of Elections under section [CE45(3)].

The count

Sealing of ballot boxes and papers after the poll
CE34. (1) The presiding officer at a polling station must immediately after the close of the poll at that station, in the presence of the polling agents, if any, make up into separate packets or parcels sealed and clearly labelled with the name of the polling station and electoral district and a description of their contents –

Read out ballot account form! Get signed by polling agents!!!!

(a) the ballot boxes used at the polling station, unopened but with the key attached, and so sealed but it isn’t sealed if the key is attached as to prevent the removal of ballot papers or the introduction of additional ballot papers;

(b) the unused and spoiled ballot papers placed together;

(d) the counterfoils of all used, spoiled and tendered ballot papers;

(e) the tendered votes list;

(f) the list of illiterate or incapacitated voters; and

(d) Why not include the marked register here

(2) If the polling station was receiving votes in more than one electoral district, the separate packets or parcels required by subsection (1) must be made up in respect of each electoral district separately.

(3) After completing the actions required by subsection (1) and (2), the presiding officer must, with all convenient speed and by trustworthy means, deliver the packets or parcels to the returning officer for the electoral district to which each packet or parcel relates.

(4) The presiding officer at a polling station must, at the end of polling at that station, make up into separate packets sealed and clearly labelled with the name of the polling station and electoral district and a description of their contents –

(a) the marked copy of each division of the Register used at that polling station ; and

(b) the official stamp (if any) used at the polling station,

and must deliver the packets to the returning officer for the electoral district to which the division of the Register relates, together with the packets or parcels described in subsection (3).

Ballot paper account
CE35. (1) The presiding officer at each polling station must immediately after the close of the poll at that station prepare and send to the returning officer for the electoral district a statement in the approved form showing the number of ballot papers entrusted to that officer and accounting for them under the heads of –

(a) total ballot papers in each ballot box;

(b) unused ballot papers;

(d) tendered ballot papers,

See Bangladesh or PNG version…. as no calculation here

in respect of each electoral district for which the polling station was receiving votes.

(2) The ballot paper account prepared under subsection (1) must include a copy of the initials or official mark put on the ballot papers at the polling station under section [xx].

i.e. the count is centralised in each electoral district. An alternative is to count at the polling place, and report the results to the District officer. This provides a faster result by dividing the work and overcoming the distance. It also secures against risk of lost boxes.Absolutely

Count officers and counting agents
CE36 (1) The Supervisor of Elections must appoint in writing for each electoral district –

(a) a team of clerks to assist with the count; and

(b) a count leader for each such team.

(2) The count leader is responsible for coordinating the conduct of the count in an electoral district on behalf of, and subject to the instructions of, the returning officer; and references in sections [xx] to [yy] to the returning officer include references to the count leader or a clerk acting on behalf of the returning officer.

(3) Each independent candidate and each nominating party may, in writing received by the returning officer at least one hour before the time appointed for the start of the count under subsection [CE37(2)], appoint not more than 5 counting agents.

(4) A counting agent may, at any time during the hours of counting, leave and re-enter the counting centre for which he or she is appointed.

Arrangements for the count
CE37. (1) The returning officer for an electoral district must make arrangements for counting the votes for that electoral district as soon as practicable after he or she has received all the ballot boxes, packets and parcels from all the polling stations in the electoral district.

Might be in other electoral districts as in Note above?

(2) The returning officer for an electoral district must appoint a day, time and place at which he or she will begin to count the votes for that electoral district and must notify the candidates or their counting agents of the day, time and place so appointed.

Who may be present at the count
CE38. On the day and at the time and place appointed for the count under section [CE37(2)], the following persons only may be present at the opening of the ballot boxes and during the count of the votes –

(a) the returning officer for the electoral district;

(b) any assistant returning officers;

Include in powers of the Supervisor?

(d) the count leader and clerks;

(e) the candidates, whether independent or party candidates;

(f) not more than 5 counting agents of each candidate; or party

(g) police officers on duty;

(h) the Supervisor of Elections;

(j) any person with the written permission of the Supervisor of Elections.

Monitors from outside Fiji?

Opening of ballot boxes
No counting until all polling stations closed?

CE39. (1) On the day and at the time and place appointed for the count in an electoral district under section [CE44(2)], the returning officer for the electoral district must identify the ballot boxes and packets received from each polling station in the electoral district, dealing with one station at a time.

(2) The returning officer for an electoral district must –

(a) open the ballot boxes received from each polling station in that electoral

district;

(b) count the total number of ballot papers in each box and the unused and

spoiled ballot papers in order to ascertain whether those papers, together with those which, from the tendered votes list, appear to have been used for tendered votes, account for all ballot papers issued to the particular polling station for the purpose of the election; and

(3) The returning officer for an electoral district must not open the sealed packets of counterfoils from any polling station in the electoral district or refer to the numbers on the counterfoils of the used ballot papers or open the sealed packets of tendered ballot papers.

Yes but this is also where the results of the ballot account form should be read out.

Counting the votes

CE40. (1) At the count in an electoral district, the returning officer must, so far as practicable proceed continuously with the counting of the votes, allowing only time for refreshment.

(2) The returning officer for an electoral district must mix together all the ballot papers from the different ballot boxes for the electoral district and must –

(a) reject all invalid ballot papers;

(b) arrange the unrejected ballot papers under the names of the respective parties or independent candidates;

(c) count and record the number of votes given for each party or independent candidate on all unrejected ballot papers; and

(d) count and record the number of rejected ballot papers.

Invalid ballot papers
CE41. A ballot paper –

(a) that does not have on its back the initials of the presiding officer or clerk or the official mark referred to section [CE25(1)(c)];

(b) on which anything is written or marked by which, in the opinion of the returning officer, the voter can be identified;

(d) that does not indicate the party/independent candidate for whom the voter wishes to vote,

Intention not clear

is, subject to this section, invalid and any votes marked on it must not be counted.

Objections to ballot papers
CE42. (1)        If a candidate or counting agent for an electoral district objects to a ballot paper as invalid, the returning officer must mark the ballot paper “admitted” or “rejected’ according to the returning officer’s decision to admit or reject the ballot paper.

(2)        The returning officer must consider every objection raised by a candidate or a counting agent regarding the validity of a ballot paper or any marks on it and must, subject to subsection (4), decide the objection forthwith.

(3)        Nothing in this section prevents a returning officer from rejecting any ballot paper as being invalid even though it is not objected to.

(4)        Nothing in this section prohibits the returning officer from seeking and acting in accordance with legal advice from the Supervisor of Elections or from the persons referred to in section [xx](c).

(5) Subject to review on an election petition under Part [ED], the decision of a returning officer or of the Supervisor of Elections on a question arising on any ballot paper is final.

Recounts

CE43. (1) If, on the final count, 2 or more parties or independent candidates have an equal number of votes, or a number of votes that differs by less than 1% of the total votes cast, any of the parties or candidates, or the counting agent for the party or candidate, may require the returning officer to have the votes recounted.
Is this OK?Yes but there must be other grounds

(2) On a recount pursuant to subsection (4), a ballot paper already rejected as invalid must not be counted.

(3) If, following the recount, an equality of votes still exists, the returning officer must decide between the candidates by lot, and must record the total number of votes in the report to the Supervisor of Elections under section [CE45].

Awarding of seats

CE44. (1) Following the ascertainment of the number of votes given for each party or independent candidate in an electoral district, the seats allocated to that district under section [xx] of this Decree must be awarded to candidates in proportion to the votes cast for each nominating party and each independent candidate, if any.

Or some other formula?

Need more than this

(2) The award of a seat to a party candidate must be in the order of ranking of the candidates made by the party pursuant to section [CE6].

Documents to be sent to Supervisor of Elections
CE45. (1) As soon as practicable after the completion of the count in any electoral district, the returning officer must seal up in separate packets in respect of the electoral district –

(a) the counted ballot papers;

(b) the rejected ballot papers;

(d) the counterfoils;

(e) the ballot paper accounts prepared under section [xx];

(f) the tendered votes lists;

(g) the list of illiterate or incapacitated voters; and

(h) the official stamps (if any) used.

(2) Each packet prepared under subsection (1) must be endorsed with a description of its contents, the name of the electoral district to which the contents relate and the date or dates of the election.

(3) All the packets must then be made up into one parcel, sealed so that the parcel cannot be opened without breaking the seal, endorsed with a note of the election to which the parcel refers and sent to the Supervisor of Elections.

(4)        The Supervisor of Elections must keep the parcels sent pursuant to subsection (3) in safe custody and not allow any person to have access to them, except as ordered by a court on the hearing of an election petition or application.

(5)        If an election petition has been presented questioning the validity of any election or return, or a criminal prosecution arising out of any election has been instituted, the Supervisor of Elections must, if so ordered by a court or the court, deliver to the proper officer of the court or the court the papers relating to the election or return involved.

(6)        At the end of 12 months after an election, unless a court or the court otherwise orders, the Supervisor of Elections must destroy by burning the papers used at that election.

(7)        Subject as aforesaid, the Supervisor may, after giving 2 weeks’ notice in the Gazette of the intention to do so, shorten the time specified in subsection (6) to a period of not less than 6 months.

Awarding of compensatory seats
CE46. (1) As soon as practicable after the seats allocated to an electoral district have been awarded under section [CE44] in any electoral district, the returning officer for that district must –

(a) [publicly declare the names of the successful candidates, and of the

nominating party in the case of a party candidate; and ]

Or just report result to Supervisor, who will then award the compensatory seats on the basis of nationwide voting results

(b) report in the approved form to the Supervisor of Elections the results of the

poll, with the number of votes cast for each nominating party and for each independent candidate, and the candidates to whom seats have been awarded, in that district.

(2) The report required by subsection (2) must include –

(a) the number of ballot papers counted in the electoral district;

(b) the number of spoiled or rejected ballot papers in the electoral district;

electoral district, and the number of votes cast for each;

(d) the name of each nominating party in that electoral district, and the number of

votes cast for each;

(e) the name of each party candidate awarded a seat in that electoral district, and

the name of the nominating party;

(3) The Supervisor of Elections must, on the basis of the number votes cast for each nominating party in each electoral district, assign 11 compensatory seats to nominating parties, proportionally to the number of vote cast for each party on a nationwide basis.

Or another formula?

(4) When a seat is assigned, or seats are assigned, to a nominating party under subsection (2), the nominating party may choose, out of the candidates on its lists that have not been awarded a seat in an electoral district is or are to be awarded the seat.

Must choose one of the next in rank?

Announcement of result
CE47. (1) Once the Supervisor of Elections has received from each electoral district a return under section [CE45] and made an award of all compensatory seats under section [CE46], the Supervisor must –

(a) announce the result in the Gazette and in appropriate media; and

(b) send a written notice of the results to the President.

(2) The announcement required by subsection (1) must include –

(f) the number of ballot papers counted in each electoral district;

(g) the number of spoiled or rejected ballot papers in each electoral district;

(h) the names of the independent candidates awarded the seats allocated to each

electoral district, and the number of votes cast for each;

(i) the name of each nominating party in each electoral district, and the number of

votes cast for each;

(j) the name of each party candidate awarded a seat in each electoral district, and

the name of the nominating party;

(k) the name of each party candidate awarded a compensatory seat, and the name

of the nominating party.

(3) The Supervisor of Elections must cause all announcements made under subsection (1) to be published in the Gazette.

Special procedure for counting votes
CE48. Despite anything in this Decree, the Supervisor of Elections may, by order published in the Gazette, apply the following provisions to any place or area where circumstances do not permit the delivery of ballot papers to the returning officer in time for the count –

(a) the person specified in the order must as soon as possible after the close of the poll, and in the presence of the polling agents of the nominating parties or independent candidates who wish to be present (if any), count the votes cast in the place or area and send by radio, telephone, facsimile transmission or other expeditious means to the returning officer details of the number of votes cast for each nominating party or independent candidate;

(b) the returning officer must include the votes counted under paragraph (a) in the count made under the provisions of this Part and the decision of the returning officer on any question arising in respect of those votes is final.

Is this procedure still wanted/needed?

PART [EO] – ELECTORAL OFFENCES

Scope of the Part

EO1. (1) In this part, a reference to a person includes a political party that causes an act to be done or an omission to be made with the authority of the executive body of the party.

(2) For the purposes of this Part, a person who aids, abets, counsels or procures, by any act or omission, or is directly or indirectly knowingly concerned in, or party to, the contravention of a provision of this Decree, is deemed to have contravened that provision.

Note - Registration offences are in the Registration of Voters Decree

Offences in connection with forms, etc.
EO2. (1) A person who –

(a) publishes, issues, prints, or makes a copy of a ballot paper or a form prepared for the purposes of this Decree without the authority of the Supervisor of Elections and without printing on the copy the words “copy only” or “specimen only” in letters at least one centimetre high;

(b) forges, counterfeits, fraudulently defaces or destroys a nomination form or ballot paper or a form prepared for the purposes of this Decree;

(d) without due authority removes, alters, obliterates, mutilates or destroys a ballot paper or a form prepared for the purposes this Decree,

commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

(2) Subsection (1)(a) does not apply to a card or paper prepared on behalf of an independent candidate or political party having on it an instruction as to how a voter should vote or as to the method of voting.

Offences in relation to electoral information

EO3. (1) A person who processes, manipulates or changes by electronic, mechanical or other means any information contained in the Register for a purpose other than –

(a) a purpose related to an election; or

(b) a purpose of study or research,

commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

(2) A person who uses any information contained in the Register for a commercial purpose commits an offence.

Existing law, but how prove? It is a public record

Penalty: 100 penalty units and imprisonment for 12 months.

Offences in relation to ballot papers

EO4. (1) Except as otherwise expressly authorised by this Decree, a person (other than the voter to whom the ballot paper has been lawfully issued) who marks a vote or makes any other mark on the ballot paper of a voter commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

(2) A person who prints, publishes or distributes or causes, permits or authorises to be printed, published or distributed, any matter or thing with the intention of encouraging any voter to fill in a ballot paper otherwise than in accordance with section [xx], commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

(4) A person who by any spoken word, or by any gesture, publicly encourages any voter to fill in a ballot paper otherwise than in accordance with section [xx] commits an offence. Penalty: 100 penalty units and imprisonment for 12 months.

(5) A person who –

(a) fraudulently puts into a ballot box a paper other than the ballot paper that he or she is authorised by this Decree to put into the ballot box;

(b) fraudulently takes any ballot paper out of a polling station or counting centre; or

(c) without authority, destroys, takes, opens or otherwise interferes with a ballot box or packet or parcel of ballot papers in use for the purposes of an election,

commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

Bribery

EO5. (1) A person who asks for, receives or obtains, or offers or agrees to ask for, or to receive or obtain, any property or benefit of any kind, whether for the same or any other person, on an understanding that –

(a) any vote of the first mentioned person;

(b) any candidature of the first mentioned person;

(d) the doing of any act or thing by the first mentioned person the purpose of which is, or the effect of which is likely to be, to influence the vote of a voter,

will, in any way, be influenced or affected, commits an offence.

Penalty: 1,000 penalty units and imprisonment for 2 years.

(2) A person who, in order to influence or affect –

(a) any vote of another person;

(b) the candidature of another person;

Including party candidates

(d) the doing of any act or thing by another person the purpose of which is, or the effect of which is likely to be, to influence the vote of a voter,

gives or confers, or promises or offers to give or confer directly or through any other person, any property or benefit of any kind to that other person or to a third party, commits an offence.

Penalty: 1,000 penalty units and imprisonment for 2 years.

(3) This section does not apply in relation to –

(a) a declaration of public policy or a promise of public action;

(b) any action leading to the listing of party candidates by a political party under section [xx].

Undue influence

EO6. A person who hinders or interferes with the free exercise or performance, by any other person, of any political right or duty that is relevant to an election commits an offence. Penalty: 200 penalty units and imprisonment for 18 months.

Personation

EO7. (1) A person who –

(a) applies for a ballot paper in the name of –

(i) another person, whether the name is that of a person living or dead; or

(ii) a fictitious person;

Not likely with a voter number system?

(b) having already voted in an election applies for a ballot paper at the same election in his or her own name; or

commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

Heading to electoral advertisements in newspapers

EO9. A proprietor of a newspaper who fails to cause the word “advertisement” to be printed as a headline to each article, advertisement or notice in the newspaper –

(a) that contains electoral matter; and

(b) that is, or is to be, paid for or for which any reward or compensation or promise of reward or compensation is or is to be made,

commits an offence.

Penalty: 100 penalty units.

Printing and publishing of electoral advertisements, notices, etc.
EO10. (1) A person who prints, publishes or distributes or causes, permits or authorises to be printed, published or distributed, an electoral advertisement, handbill, pamphlet or notice in which –

(a) the name and address (not being a post-office box) of the person who authorised the advertisement, handbill, pamphlet or notice does not appear at the end of it; and

(b) in the case of an electoral advertisement, handbill, pamphlet or notice that is printed otherwise than in a newspaper – the name and place of business of the printer does not appear at the end of it,

commits an offence

Penalty: 100 penalty units and imprisonment for 12 months.

(2) Subsection (1)(b) does not apply in relation to a car sticker, T-shirt, lapel badge, pen, pencil or balloon.
Or similar merchandise? Or omit, as an archaic provision

(3) A person who produces, publishes or distributes or causes, permits or authorises to be produced, published or distributed an electoral video recording on which the name and address (not being a post-office box) of the person who authorised the video recording does not appear at the end of it, commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.
Or other electronic media? Too wide and restricts freedom of speech?

(4) A person who –

(a) at any time between the publication of an election notice and the close of polling in any electoral district prints, publishes or distributes, or causes, permits or authorises to be printed, published or distributed, any matter or thing that is likely to mislead or deceive a voter in relation to the casting of a vote;

(b) at any time between the publication of an election notice and the close of polling in any electoral district publishes or exposes, or causes to be published or exposed, to public view any document or writing or printed matter containing any untrue and defamatory statement in relation to the person, character or conduct of any candidate in the election and calculated to influence the vote of any voter; or

This will override the State Proceedings (Amendment) Decree 2012 (No.14/12) in relation to defamation by Ministers for that short period

(c) before, or during an election in any electoral district, knowingly publishes any false statement of the withdrawal of an independent or party candidate at the election, for the purpose of promoting or procuring the election of another candidate,

commits an offence.

Penalty: 100 penalty units and imprisonment for 12 months.

(5)        In a prosecution of a person for an offence under subsection (4)(a), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead a voter in relation to the casting of a vote.

(6)        In a prosecution for an offence under subsection (4)(b), it is a defence if the person proves that the person had reasonable ground for believing and did in fact believe the statement to be true.

(7)        In this section –

“electoral advertisement, handbill, pamphlet or notice” means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper or any other medium announcing the holding of a meeting;

“electoral video recording” means a video recording that contains electoral matter;

Or other electronic media?

“publish” includes publish by radio or television.

Or on a website/the internet?

Badges or emblems in polling stations

EO10. A person who wears or displays in a polling station on a polling day any badge or emblem of an independent candidate in the election or of any political party, commits an offence.

Penalty: 50 penalty units.

Or only a nominating party?

Campaigning prohibited during poll
EO11. A person who on a polling day –

(a) in, or in view or hearing of, any public place, holds or takes part in any

meeting, demonstration or procession having direct or indirect reference to the poll;

Is a e.g. a hired bus a public place? Restricts freedom of speech – omit?

(b) either in a polling station or within 50 metres of a polling station in any way interferes or attempts to interfere with any voter, with the intention of –

(i) canvassing for votes for a party or independent candidate;

(ii) soliciting the vote of the voter for a party or independent candidate;

(iii) inducing the voter not to vote for a particular party or independent candidate;

(iv) inducing the voter not to vote at the election; or

(v) ascertaining for which party or independent candidate the voter intends to vote or has voted;

Or only nominating parties?

public opinion poll in relation to the election; or

Exit polls OK but not within hearing of the polling station

(d) exhibits or leaves in a polling station any card or paper containing a direction or indication as to how any person should vote or as to the method of voting,

commits an offence.

Penalty: 50 penalty units and to imprisonment for 3 months.

(2) Subsection (1) does not apply to an official statement or announcement made by an electoral officer or exhibited pursuant to this Decree.

Power to remove statements, etc.
EO12. (1) The returning officer or assistant returning officer for an electoral district may at any time on a polling day before the close of the poll at any polling station in that electoral district cause to be removed or obliterated or concealed –

(a) any statement or other thing advising or intended or likely to influence any voter as to the party or independent candidate for whom the voter should or should not vote; or

(b) any statement or other thing advising or intended or likely to influence any voter to abstain from voting,

that is exhibited in or in view of a public place in that electoral district within 50 metres of the polling station, or in any polling station in that electoral district.

(2) The presiding officer of a polling station may in respect of that polling station, exercise similar powers as are conferred on a returning officer by subsection (1).

Disobeying lawful directions, etc.
EO13. (1) This section applies to every polling station and counting centre.

(2) A person who –

(a) while in premises to which this section applies, disobeys a lawful direction given by the person in charge of the premises; or

(b) enters or remains in premises to which this section applies without the permission of the person in charge of the premises,

commits an offence.

Penalty: 50 penalty units.

(3) Paragraph (2)(b) does not apply to –

(a) a person specified in section [xx];

(b) a person acting at the request of the person in charge of the premises; or

(4) A reference in this section to the person in charge of premises is a reference –

(a) in the case of a polling station – to the presiding officer; and

(b) in the case of a counting centre – to the returning officer or a count leader.

Breaches of official duty

EO15. An electoral officer who contravenes –

(a) a provision of this Decree for which no other penalty is provided; or

(b) a direction given to him or her under this Decree,

commits an offence.

Penalty: 100 penalty units.

(2) A person who is or has been an electoral officer who, directly or indirectly divulges or communicates any information with respect to the vote of a voter acquired by him or her in the performance of functions, or in the exercise of powers, under this Decree in a way that could lead to the identification of the voter, commits an offence.

Penalty: 100 penalty units and imprisonment for 6 months.

(3) An electoral officer who, before the close of the poll in any election, makes known the state of the poll or gives or purports to give any information by which the state of the poll may be known, commits an offence.

Penalty: 50 penalty units and imprisonment for 3 months.
See comments about not announcing result before close of all polling stations.

(4) Subsection (3) does not apply to the provision of general information as to the number of voters who have voted in an election and the number who have yet to cast their vote, either in a particular polling station, or in one or more electoral districts.

(5) An electoral officer must not do any act or thing for the purpose of influencing the vote of any person.

Sanction for breach?

PART [ED] – ELECTION DISPUTES

Role of High Court

ED1. (1) The High Court has jurisdiction –

(a) on an election petition - to determine whether a person has been validly

elected as a member of Parliament;

(b) on an application - to determine whether the seat of a member has become

vacant.

(2) An election petition under subsection (1)(a) –

(a) may be brought only by –

(i) a person who had a right to vote in the election concerned;

(iii) a person who was a candidate in that election (whether as an independent candidate or a party candidate);

(ii) the public officer of a nominating party in that election; or

(iv) the Attorney General;

(b) except if corrupt practice is alleged, must be brought within 6 weeks of the declaration of the result under section [xx] of this Decree.

(3) An application under subsection (1)(b) may be brought only by –

(a) a member of Parliament;

(b) a registered voter in the electoral district for which the member is a member;

(d) the Attorney General.

(4) A determination by the High Court in proceedings under paragraph (1)(a) is final.

Form of election petition or application
ED2. (1) An election petition or application may be presented by filing it in any registry of the High Court and must be served in the way in which a writ of summons is served or in any other manner prescribed by Rules of court.

(2) Every election petition or application must –

(a) set out the facts relied on to invalidate the election or declare a vacancy;

(b) set out those facts with sufficient particularity to identify the specific matter or matters on which the petitioner or applicant relies as justifying the grant of relief;

(d) be signed by the petitioner or applicant; and

(e) be filed in the registry of the court within [xxxxx] days of the election.

Period?

(3) The member of Parliament in respect of whom the election petition or application s brought must be a respondent to the petition or application, and if the petition or application complains of the conduct of a returning officer or the Supervisor of Elections, the returning officer must also be a respondent.

(4) If the proceedings concern the qualifications of a nominating party any of whose party candidates were awarded seats, the public officer of the party must be made a respondent to the petition or application, in addition to each of the members.

(5) The Supervisor of Elections must be a respondent to every election petition or application.

Include provision for petitions re compensatory seats?

Security for costs

ED3. (1) At the time of filing an election petition or application the petitioner or applicant must deposit with the court $500 as security for costs.

(2) If more than one petitioner or applicant is named on a petition or application, the court may waive the requirement of a deposit in respect of all but one of the petitioners or applicants.

Intervention by Attorney General or Supervisor of Elections

ED4.    (1)        The Attorney General or Supervisor of Elections may file a petition disputing an election or apply for a declaration under section [ED1].

(2)        Section [ED2(2)(d)] does not apply in relation to a petition or application referred to in subsection (1) but such a petition or application must be signed for and on behalf of the Attorney General or Supervisor of Elections.

(3)        Section [ED3] does not apply to an election petition or application referred to in subsection (1).

(4)        The Attorney General or the Supervisor of Elections may –

(a) intervene and enter an appearance in any proceedings in which the validity of any election is disputed and in any application for a declaration ;

(b) be represented and heard on any such intervention, in which case the Attorney General or the Supervisor must be a respondent to the petition or application.

Requirements to be complied with

ED5.    (1)        Subject to this Decree, proceedings must not be had on an election petition or application unless the requirements of sections [ED2 and 3] are complied with.

(2)        The court may, at any time after the filing of an election petition or application, and on such terms (if any) as it thinks fit, relieve the petitioner or applicant wholly or in part from compliance with section [ED2(1)].

(3)        The court must not grant relief under subsection (2) unless it is satisfied that –

(a) in spite of the failure of a petitioner or applicant to comply with section [ED2(1)], the petition or application sufficiently identifies the specific matters on which the petitioner or applicant relies; and

(b) the grant of relief would not unreasonably prejudice the interests of another party to the petition or application.

Powers of the court

ED6. (1) The court must sit as an open court and its powers include the following –

(a) to adjourn;

(b) to compel the attendance of witnesses and the production of documents;

(c) to grant to a party to an election petition leave to inspect, in the presence of the Supervisor of Elections or an officer of the court, the registers and other documents used at or in connection with any election and to take, in the presence of the Supervisor of Elections or the officer of the court, extracts from those registers and documents;

(d) to examine witnesses on oath;

(e) to declare that any person to whom a seat in Parliament was awarded was not entitled to the award;

(f) to award a seat to another candidate in the election in the same electoral district;

(g) to declare an election to be absolutely void;

(h) to declare a seat to have been vacated for any reason specified in the

Constitution or this Decree;

(h) to dismiss or uphold the petition or application in whole or in part;

(i) to award costs;

(i) to punish any contempt of its authority by fine or imprisonment.

(2) If more election petitions than one are presented relating to the same election, the court may direct that all those petitions be dealt with as one petition.

(3)        If more applications than one are made relating to the same seat, the court may direct that all the applications be dealt with as one application.

(4)        If a petitioner or applicant withdraws, or applies to withdraw from proceedings on a petition or application, the court may permit any other person who was entitled to present the same petition or make the same application but chose not to do so to be substituted for the petitioner or applicant who withdraws.

(5)        If a sole petitioner or applicant, or the sole survivor of several petitioners or applicants, dies, the court may treat the petition or application as abated and take no further action on it, unless the Attorney General or the Supervisor of Elections or both have intervened under section [ED4(4)] and one or the other wishes the proceedings on the petition or application to be heard.

(6)        The court may exercise all or any of its powers under this section on such grounds as the court in its discretion thinks just and sufficient.

Evidence that person not permitted to vote
ED7. (1) On the hearing of an election petition the court must not admit the evidence of a witness that the witness was not permitted to vote in any election unless the witness satisfies the court that –

(a) the witness claimed to vote in the election pursuant to a provision of the Constitution or this Decree under which he or she was entitled to vote; and

(b) the witness complied with the requirements of the Constitution and this Decree relating to voting by voters so far as he or she was permitted to do so.

(2) If any voter, on account of the absence or error of an electoral officer, is prevented from voting in an election, the court must not, for the purpose of determining whether the absence or error did or did not affect the result of the election, admit any evidence of the way in which the voter intended to vote in the election.

Irregularities not to invalidate election

ED8. (1) An election must not be declared invalid because of a failure to comply with this Decree if the court is satisfied that the failure did not affect the result of the election, and that the election was conducted in a manner substantially in accordance with the requirements of the Constitution and this Decree.

(2) Without limiting the effect of subsection (1), an election must not be declared invalid only because of –

(a) a failure to comply with the time prescribed for doing any act;

(b) an omission or irregularity in filling up a form prescribed or approved by or under this Decree (other than a ballot paper);

(c) any defect or invalidity in the appointment of an electoral officer or polling or counting agent or any failure by any such person to sign or make a declaration; or

(d) any absence of, or mistake or omission or breach of duty by, an electoral officer, whether before, during or after the polling,

if the court is satisfied that the failure, omission, irregularity, defect, invalidity, absence, mistake or breach did not affect the result of the election, and that the election was conducted in a manner substantially in accordance with the provisions of the Constitution and this Decree.

Voiding election for illegal practices, etc.

ED9. (1) If the court finds that a person to whom a seat was awarded, or some other person with the knowledge and consent of the person to whom the seat was awarded, has committed or has attempted to commit a corrupt practice, the award of the seat to that person must be declared void.

(2) The court may not declare that any person to whom a seat was awarded should not have had the seat awarded, or declare any election to be void –

(a) on the ground of any illegal practice committed by a person other than the person to whom the seat was awarded and without the knowledge and consent of the person; or

(b) on the ground of any illegal practice other than a corrupt practice,

unless the court is satisfied that the result of the election was likely to be affected, and that it is just that there should be a declaration that the seat should not have been awarded to that person, or that the election should be declared void.

(3) A finding by the court in respect of any conduct or matter does not bar or prejudice any prosecution for an illegal practice in respect of the same conduct or matter.

Disposal of petition or application

ED10. (1) The court must give its decision and make an order on a petition or application as soon as practicable.

(2) Effect must be given to decisions of the court as follows –

(a) if an independent candidate is declared not to have been duly elected, the

person must be removed from Parliament and the seat awarded to the independent candidate or nominating party with the next highest number of votes; if it is a party, the seat must be awarded to the next candidate on that party’s list;

What if none?

(b) if a party candidate is declared not to have been duly elected (whether for personal conduct or for lack of qualification) the candidate must be removed and the next highest ranking candidate on the same party list (and not awarded a seat) must be declared elected;

What if there are no more on the list?

(c) if a party is declared not to be entitled to be awarded any seats, because of conduct by the party or lack of qualification, all the party candidates of that party who were awarded a seat must be removed and the seats must be awarded to independent candidates and other nominating parties as if the first-mentioned party had not taken part in the election

What of knock-on effect on compensatory seats awarded after a defective election?

(d) if the court finds that a person who was an independent candidate but not awarded a seat should have been awarded a seat in place of another candidate (whether an independent or party candidate) the person may take his or her place in the Parliament, in place of that other candidate;

(e) if any election is declared wholly void in respect of any electoral district, a new election must be held for that electoral district.

Copies of petition or application and order of court to be sent

ED11. The Registrar of the court must as soon as possible after the filing of an election petition or application forward to the Speaker, to the Attorney General, if he or she is not a petitioner, and to the Supervisor of Elections a copy of the petition or application, and, after the hearing of the petition or application must forward to each of them a copy of the decision and order of the court.

Costs
ED12. (1) Subject to this section, the costs of and incidental to proceedings under this Part must be defrayed by the parties to the proceedings in a manner and in proportions the court determines.

(2) Any costs that 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 applicant or of any respondent, and any needless expenses incurred or caused on the part of the petitioner or applicant or a 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.

(3) If on the hearing of an election petition or application the court finds that a person has committed any 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 the proceedings before the court to be paid by that person to such other person or persons as the court thinks fit.

(4) All costs ordered to be paid under this section 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.

(5) If costs are awarded to any party against the petitioner or applicant, the deposit made by the petitioner or applicant under section [ED3] must be applied towards payment of the costs, but otherwise the deposit must be repaid to the petitioner or applicant, as the case may be.

Withdrawal of petition or application
ED13. (1) An election petition or application may not be withdrawn without the leave of the court.

Because it is a matter of public concern, not a private dispute

(2)        If there are more petitioners or applicants than one, an application to withdraw the petition or application may not be made except with the consent of all the petitioners or applicants.

(3)        If an election petition is withdrawn, the petitioner is liable to pay the costs of the respondent.

(4)        On the withdrawal of an election petition, notice of the withdrawal must be given by the Registrar of the court in the Gazette and in other appropriate media.

Rules of court
ED20. (1) The Chief Justice may make Rules of Court, not inconsistent with this Part or the Constitution, to give effect to this Part and, in particular, for regulating the practice and procedure of the court, the forms to be used and the fees to be paid by parties in proceedings on an election petition or application.

(2) Until Rules of Court are made pursuant to subsection (1), the Rules of the High Court applicable to ordinary civil actions apply, with all necessary changes, for the purposes of this Part.

PART [Misc] – MISCELLANEOUS

Power to destroy records
Misc1. If –

(a) the Supervisor of Elections considers that records held by it, being –

(i) applications for registration as voters; or

(ii) other applications or forms completed under this Decree,

are no longer required; and

(b) 2 general elections have taken place since those records were made,

the Supervisor of Elections may destroy those records or cause them to be destroyed.

Extension of time for election

Misc2. (1) Despite any other provision of this Decree, the Supervisor of Elections, by notice published in the Gazette and in other appropriate media, may extend the time for the receipt of nominations in any electoral district, for holding the election or for reporting the result in that electoral district, in order to overcome any difficulty that might otherwise interfere with the due course of the election.
Is this within the Constitution? See the Supervisor’s powers to fix the date, as above

(2) A notice under subsection (1) may be given before or after the day appointed for the election.

(3) Upon the publication of a notice under subsection (1), the Supervisor of Elections must immediately give public notice in the electoral district for which the election is to be held of any extension of time under that subsection.

Regulations

Misc3. (1) The Supervisor of Elections may make regulations not inconsistent with the Constitution and this Decree prescribing all matters required or permitted by this Decree to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Decree.

(2) Without limiting subsection (1) the regulations may limit the amounts that any independent candidate or any nominating party is allowed to spend in the promotion of an independent candidate, or a nominating party and any of its party candidates, before or during an election.

And the sources of funding for elections?

Will there be a Code of Election Conduct?

_________________

SCHEDULE 1

(Section [EC3])

ALLOCATION OF SEATS

___________________

SCHEDULE 2
(Section [CE14(2)])

FORM OF BALLOT PAPER

ELECTION FOR PARLIAMENT OF FIJI ELECTORAL DISTRICT……………….. Date of election ……………. Place a mark in one of these boxes to indicate which party or independent candidate you wish to vote for
Party A	*

Party B	+

Party C	X

Independent candidate	0

__________________________

Proxy voting?

January 10, 2014

Leaked Copy of Electoral Decree Bill 2014

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