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Electoral Act 2014 amended; comes into effect for next election

June 7, 2021 12:45 pm

The bill to amend the Electoral Act 2014, has been passed in Parliament and which comes into effect from the next General Election.

Some of the changes under the amendment see the Supervisor of Elections being able to direct a person or a political party including a service provider, to remove or correct any statement or information published.

Failure to do this can result in a fine not exceeding $50,000 or imprisonment for a term not exceeding five years or both.

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Also now a person who is a registered voter may object to the nomination of any candidate on the ground that the nomination of the candidate as an independent candidate or as a party candidate on a party list does not comply with the requirements of the Constitution or the Electoral Act.

The Supervisor may establish a polling venue in Suva for voters who are registered overseas but are not postal voters to attend to cast their vote and special procedures for the conduct of polling at such polling stations as approved by the Electoral Commission.

The Electoral Commission must determine the campaign period for a general election and publish a notice to that effect in the Gazette.

The campaign period must not be earlier than 30 days prior to the completion of 3 years and 6 months of the sitting of Parliament after the last general election and no later than 48 hours prior to the general election.

The Supervisor may remove or direct any political party, candidate or police officer to remove any material that is in breach of the campaign rules and anyone who fails to comply is liable on conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 5 years or both.

As for results, the Supervisor must continuously publish provisional results for candidates and political parties on receipt of the first protocol of results from the presiding officers until 7 am on the day after polling day.

Furthermore, the Supervisor must identify the physical locations of all polling venues and submit the list of all polling venues to the Electoral Commission for approval on or before 30 June of each year except in an election year.