CE2. Action on a vacancy
CE9. Withdrawal of candidate
CE19. Facilities at polling stations
CE27. Spoiled ballot papers
CE28. Illiterate or incapacitated voters
CE32. Communication with voters in polling station prohibited
CE33. Prevention of irregularities as to ballot papers
CE36. Count officers and counting agents
CE37. Arrangements for the count
CE39. Opening of ballot boxes
CE42. Objections to ballot papers
EO10. Badges or emblems in polling stations
EO12. Power to remove statements, etc.
EO13. Disobeying lawful directions, etc.
EO14. Breaches of official duty
ED3. Security for costs
ED8. Irregularities not to invalidate election
ED13. Withdrawal of petition or application
Misc2. Extension of time for election
(2) This Decree commences on [xxx].
“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;
“petition” means an election petition brought under Part [ED];
“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;
“Register” means the National Register of Voters established under the Electoral (Registration of Voters) Decree 2012;
“registration period” means –
“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!
“voter number” means a unique identification number assigned to every voter under the Electoral (Registration of Voters) Decree 2012.
(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.
(2) When making appointments under subsection (1), the Supervisor of Elections may –
(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––
(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.
(4) The invitation for submissions must specify a period of not less than 60 days for the making of submissions.
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  of the Constitution.
(4) An election notice for a general election must in respect of every electoral district –
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.
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.
(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).
(6) In the nomination paper, an independent candidate must specify –
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.
(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.
(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.
(8) A party candidate cannot be on a party list in more than one electoral district in the same election.
(3) A statement of demonstrated support for an independent candidate in an electoral district must –
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.
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) An objection under subsection (1) must be in writing and must –
(3) An objection must be –
(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].
(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 –
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.
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.
(2) The notice given under subsection (1) must contain the following information in relation to each independent candidate –
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  to this Decree.
(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.
(6) Subject to section [xx], ballot papers must be kept at all times in safe custody.
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 –
(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
(2) In the case of an independent candidate, the Supervisor of Elections must –
(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.
CE17. (1) In this section, “candidate” means a candidate whose nomination was accompanied by a deposit as required by section [CE7].
(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.
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 –
(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.
CE19. (1) The Supervisor of Elections must ensure that every polling station in each electoral district is provided with –
(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?
(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.
(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.
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.
(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].
But the votes must be received separately for each district? See CE19(2) above
(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 –
(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.
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 –
(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.
(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.
(5) In all other circumstances the person’s claim to vote must be accepted and he or she must be given a ballot paper.
CE25. (1) At the polling the presiding officer or a clerk must –
(2) The voter must –
(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).
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 –
(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.
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.
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 –
(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
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.
(4) A polling agent who –
(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 –
CE31. (1) Every presiding officer in respect of the polling station where he or she is conducting a poll –
(2) Presiding officers may request police assistance in maintaining order at polling stations.
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 –
(2) A person who contravenes subsection (1) may be removed from the polling station by order of the presiding officer.
CE33. In order to prevent any irregularities at an election in connection with the possession of ballot papers, the following steps must be taken –
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 –
(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 –
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).
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 –
in respect of each electoral district for which the polling station was receiving votes.
CE36 (1) The Supervisor of Elections must appoint in writing for each electoral district –
(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.
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.
(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.
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 –
No counting until all polling stations closed?
(2) The returning officer for an electoral district must –
CE41. A ballot paper –
is, subject to this section, invalid and any votes marked on it must not be counted.
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).
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].
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 –
(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.
(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.
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 –
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 –
(3) The Supervisor of Elections must cause all announcements made under subsection (1) to be published in the Gazette.
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 –
EO2. (1) A person who –
(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
commits an offence.
(2) A person who uses any information contained in the Register for a commercial purpose commits an offence.
(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.
(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 –
commits an offence.
will, in any way, be influenced or affected, commits an offence.
(2) A person who, in order to influence or affect –
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.
(3) This section does not apply in relation to –
commits an offence.
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 –
commits an offence
(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.
Or other electronic media? Too wide and restricts freedom of speech?
(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 –
EO11. A person who on a polling day –
commits an offence.
(2) Subsection (1) does not apply to an official statement or announcement made by an electoral officer or exhibited pursuant to this Decree.
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 –
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).
EO13. (1) This section applies to every polling station and counting centre.
(2) A person who –
commits an offence.
(3) Paragraph (2)(b) does not apply to –
(4) A reference in this section to the person in charge of premises is a reference –
commits an offence.
(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.
(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.
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.
(2) An election petition under subsection (1)(a) –
(3) An application under subsection (1)(b) may be brought only by –
(4) A determination by the High Court in proceedings under paragraph (1)(a) is final.
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) 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.
(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 –
(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 –
(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.
(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.
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 –
(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.
(2) Without limiting the effect of subsection (1), an election must not be declared invalid only because of –
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.
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.
(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.
ED13. (1) An election petition or application may not be withdrawn without the leave of the court.
(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.
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.
Misc1. If –
Is this within the Constitution? See the Supervisor’s powers to fix the date, as above
(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.
ELECTION FOR PARLIAMENT OF FIJI
Date of election …………….
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