Electoral Amendment Act 2015

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202015/Electoral-Amendment-Act-2015-Eng-FINAL.pdf

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rangement of Provisions

1. Short title and
commencement
2. Section 5 amended
3. Sections 8 and 9 substituted
4. Section 16 amended
5. Section 19 amended
6. Section 25F inserted
7. Section 35 amended
8. Section 94 amended
9. Section 97A amended
10. Section 106 amended
11. Schedule amended
12. General amendments
13. Consequential amendments
and transitional regulations

Schedules
__________

2015, No. 13

AN ACT to amend the Electoral Act 1963 (“principal Act”).
[27th
March 2015]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

1. Short title and commencement-(1) This Act may be cited
as the Electoral Amendment Act 2015.
(2) This Act commences on the date of assent by the Head of
State, subject to section 1(2), (3) and (4) of the Constitution
Amendment Act (No.2) 2014.

2. Section 5 amended - For section 5 of the principal Act:
(a) for subsection (3)(c) substitute:



2 Electoral Amendment 2015, No. 13
“(c) does not have a statutory declaration, in Form 1A
of Schedule 1, witnessed by a barrister and
solicitor of the Supreme Court in private
practice, that the candidate satisfies the 3-year
residential requirement in paragraph (b) or
satisfies village service requirements (or
both);”; and

(b) after subsection (4) insert:

“(4A) For the purpose of this Act, a person seeking
nomination as a candidate or nominated as a candidate has
the burden of satisfying the Commissioner or the Court that
the person meets the 3-year residency qualification.
(4B) A candidate who makes a false declaration under
Form 1A commits an offence and is liable to a fine not
exceeding 50 penalty units or to imprisonment for a term not
exceeding two (2) years.”.

3. Sections 8 and 9 substituted - For sections 8 and 9 of the
principal Act substitute:

“8. Public servants to resign when wanting to become a
candidate-(1) As an exception to any other enactment, if a
public servant wants to be nominated as a candidate for
election as a Member of Parliament, the public servant must
resign from the public service pursuant to the law that regulates
public servants.
(2) A public servant who does not resign pursuant to
subsection (1) is taken to have resigned from the date of filing
his or her nomination.
(3) In this section, “public servant” means a person
appointed or engaged under the Public Service Act 2004, and
includes:
(a) a Judge of any Court;
(b) a police officer, prison officer, member of other
disciplined force or any uniformed branch of
any defence force established by law;



2015, No. 13 Electoral Amendment 3
(c) a member of a board of or person employed or
engaged by a body listed in the schedules to the
Public Finance Management Act 2001 or the
Public Bodies (Performance and
Accountability) Act 2001;
(d) a person employed or engaged by any other office
of the Government or State established by law;
(e) a member of any government board, commission,
committee, corporation or council, whether or
not established by law;
(f) any person or a member of an office or body,
prescribed by regulations.”.

4. Section 16 amended - For section 16(1) and (2) of the
principal Act, substitute:

“16. Qualifications and transfer of electors-(1) Subject
to the Constitution and this Act, an adult person is qualified
to be registered as a territorial voter if the person is a Samoa
citizen listed in Column 2 of Schedule 2.”.

5. Section 19 amended - For section 19 of the principal Act,
substitute:

“19. Qualifications of urban voters - Subject to the
Constitution and this Act, an adult person is qualified to be
registered as an urban voter if the person is a Samoa citizen
listed in Column 3 of Schedule 2.”.
6. Section 25F inserted - After section 25E of the principal
Act, insert:
“25F. Voter must register in 1 constituency only-(1) A
person qualified to be registered as a voter under this Act
must only register as such in one (1) constituency only, even
if the person holds more than one (1) Matai title in different
constituencies.
(2) If a voter is registered in two (2) or more
constituencies his or her first registration is treated as valid.
Any subsequent registration in another constituency is void,


4 Electoral Amendment 2015, No. 13
unless the Commissioner decides which of the registration is
valid taking into account the registration requirements under
this Act.

25G. Duty to provide further information - In addition
to any information required under this Act for registration of
voters, a person applying for registration as a voter must, if
required by the Electoral Commissioner, provide further
evidence or information about the person’s entitlement for
registration as a voter under this Act.”.

7. Section 35 amended - For section 35 of the principal Act,
after subsection (1) insert:

“(1A) The roll for a territorial constituency must list
voters alphabetically under each village or sub-village within
that territorial constituency.”.

8. Section 94 amended - In section 94(5) of the principal Act
for “imprisonment for a term not exceeding three (3) months”
substitute “a fine not exceeding 50 penalty units or to
imprisonment for a term not exceeding 12 months, or both”.

9. Section 97A amended - For the proviso to section 97A of
the principal Act substitute:

“but the presentation is to be made, within 12 months,
after the date of declaration of results of poll under section
80.”.

10. Section 106 amended - In section 106 of the principal
Act:
(a) for subsection (1), for “7 working days” substitute “10
working days”; and
(b) for subsection (2), for “7 days” substitute “10 working
days”.

11. Schedule amended - In the Schedule of the principal Act,
for Form 1A and Form 3 substitute:


2015, No. 13 Electoral Amendment 5
“FORM 1A
(Sections 5(3)(c) and (6)(d)(ii), and 50(1)(e))
DECLARATION ON RESIDENTIAL AND VILLAGE
SERVICE REQUIREMENTS

I, (Insert full name of candidate, relevant Matai title and address)
solemnly and sincerely declare that:

(a) I have resided in Samoa for a period equalling or exceeding three (3) years and therefore satisfies the three
(3) year residential requirement in accordance with section
5(3)(b) of the Electoral Act 1963; and

(b) I have rendered services to our village (list village or villages, including any sub-village) in accordance with the
customs of our village and therefore satisfies the village
service requirements as defined in section 5(3A) of the
Electoral Act 1963.

And I make this solemn declaration conscientiously believing the same
to be true and by virtue of the Oaths, Affidavits and Declarations Act
1963.

SWORN at ……………………..…..this )
day of …………………………….. 20__ ) ……………….
)
Before me:

……………………………….
Barrister and Solicitor
of the Supreme Court of Samoa





6 Electoral Amendment 2015, No. 13
FORM 3
(Section 35(1))

VOTERS ROLL FOR TERRITORIAL CONSTITUENCIES

VOTERS ROLL FOR TERRITORIAL CONSTITUENCY OF
(insert name and number of constituency)
Number
on Roll
Matai
Title
Surname Christian
/First
Name
Village
or
Nuu
Occupation
or
Description

.”

12. General amendments-(1) In the principal Act or any
other enactment:
(a) for “individual voter” (in all its grammatical
variations), substitute “ urban voter”;
(b) for “individual voters roll” (in all its grammatical
variations), substitute “urban voters roll”;
(c) for “Deputy Commissioner” (Elections), substitute
“Assistant Commissioner”;
(d) for “Deputy Electoral Officer”, substitute “Assistant
Electoral Officer”;
(e) for “Deputy Returning Officer”, substitute “Assistant
Returning Officer”;
(f) for “Deputy Registrar”, substitute “Assistant
Registrar”;
(g) for reference to “elector”, “an elector or voter”,
“elector and voter” (with all its grammatical
variations) substitute “voter” (with all its
grammatical variations);
(h) for reference to “electoral roll” substitute “territorial
constituency roll” (with all its grammatical
variations);



2015, No. 13 Electoral Amendment 7
(i) for reference to “constituency” in the context of
territorial or individual voters substitute
“territorial constituency” or “urban constituency”
(with all its grammatical variations), as the case
may be.
(2) In sections of the principal Act listed in column (1) of
Schedule 1 of this Act, for matters in column (2), substitute the
corresponding matters in column (3).
(3) Schedule 2 of this Act sets out in details other
consequential amendments. Matters in column (2) of Schedule 2
are to be substituted with matters in column (3) or repealed in
their entirety. Matters in column (4) of Schedule 2 are new
matters to be inserted into their respective sections.
(4) In the principal Act, renumber the current Schedule as
“Schedule 1” and after that Schedule, insert Schedule 2 as set out
in Schedule 3 of this Act.

13. Consequential amendments and transitional
regulations-(1) In the Territorial Constituencies Act 1963:
(a) in the Long Title, delete “territorial”;
(b) in section 1, delete “Territorial”;
(c) after section 2, add:

“2A. Prescribing urban constituencies - The boundary
of the two (2) urban constituencies referred to in Article
44(1)(b) of the Constitution is set out in Part 2 of the
Schedule of this Act.”;

(d) for section 3 -
(i) renumber the current provision as
subsection (1); and (ii) after the current provision, insert:
“(2) For election of Members of Parliament for the six
(6) constituencies prescribed under subsection (1): (a) for Vaimauga West Constituency No.2 -
(i) one (1) Member of Parliament is to
be elected from the villages of Vaiala
(including sub-villages of Vaipuna, Vini,


8 Electoral Amendment 2015, No. 13
Levili and Fa’atoia), Moataa (including
sub-villages of Vaivase-uta, Vaivase-tai
and Matafagatele), Maagiagi (including
sub-villages of To’omatagi) Alaoa and
Ataga; and (ii) one (1) Member of Parliament is to
be elected from the villages of Matautu,
Tanugamanono (including sub-villages of
Leufisa, Papaloloa, Papauta and
Tanumaleko), Vailima (including sub-
villages of Tiapapata, Letava and
Afiamalu) and Apia (including the sub-
villages of Aai o Niue, Aai o Fiti,
Alamagoto, Fugalei, Lalovaea, Leifiifi,
Lelata, Leone, Ma’agao, Maluafou,
Matafele, Moto’otua, Mulinuu, Sogi,
Saleufi, Savalalo, Tauese, Taufusi,
Togafuafua and Vaisigano);
(b) for A’ana North No.1 Constituency No.7 -
(i) one (1) Member of Parliament is to
be elected from the village of Faleasi’u
(including the sub-village of Sapulu); and
(ii) one (1) Member of Parliament is to
be elected from the village of Fasito’o-uta
(including the sub-village of Satui and
Mataili’ili);
(c) for the Safata Constituency No.13 - (i) one (1) Member of Parliament is to
be elected from the villages of Vaiee,
Nuusuatia, Lotofaga, Sataoa and Saanapu;
and (ii) one (1) Member of Parliament is to
be elected from the villages of Mulivai,
Fusi, Fausaga and Tafitoala; (d) for the Falealili Constituency No.15 -
(i) one (1) Member of Parliament is to
be elected from the village of Utulaelae,
Sapo’e, Salani, Salesatele and Siuniu; and


2015, No. 13 Electoral Amendment 9
(ii) one (1) Member of Parliament is to
be elected from the villages of Sapunaoa,
Satalo, Malaemalu, Tafatafa, Matautu,
Vaovai, Poutasi and Saleilua;
(e) for the Faasaleleaga No.1 Constituency No.23 -
(i) one (1) Member of Parliament is to
be elected from the villages of Salelavalu,
Iva, Vaiafai, Vaisaulu, Lalomalava and
Safua; and
(ii) one (1) Member of Parliament is to
be elected from the village of Salelologa;
(f) for the Salega Constituency No.37 -
(i) one (1) Member of Parliament is to
be elected from the villages of Fagafau,
Faiaai, Fogatuli, Samata-i-uta and Samata-
i-tai; and
(ii) one (1) Member of Parliament is to
be elected from the villages of Fogasavaii,
Sagone and Vaipua. (3) The Commissioner may determine the references to
each of the constituencies under the provisions of
subparagraphs of subsection (2).”.
(2) In any other enactment, for “Territorial Constituencies
Act 1963” substitute “Constituencies Act 1963”.
(3) For paragraph (n) of section 5 of the Public Holidays Act
2008, substitute:

“(n) the Electoral Commission, the Electoral
Commissioner, officers, staff of or other
persons engaged or directed by the
Commission or Commissioner working on
public holidays during general elections or
other elections for Members of Parliament.”.

(4) For section 45 of the Police Service Act 2009, after
subsection (6) insert:


10 Electoral Amendment 2015, No. 13
“(7) This section is subject to the Electoral Act 1963 in
relation to resignation of any person under this Act to stand
as a candidate for election as a Member of Parliament.”.

(5) For section 10 of the Prisons and Corrections Act 2013,
after subsection (2) insert:

“(3) This Act is subject to the Electoral Act 1963 in
relation to resignation of any person under this Act to stand
as a candidate for election as a Member of Parliament.”.

(6) For section 56 of the Public Service Act 2004, after
subsection (3) insert:

“(4) This section is subject to the Electoral Act 1963 in
relation to resignation of any person under this Act to stand
as a candidate for election as a Member of Parliament.”.

(7) In the Plebiscite Act 1990:
(a) for section 2 -
(i) for the definitions of “Chief Returning
Officer”, “Plebiscite Administrator”,
“Registrar” and “Returning Officer”
substitute:

““Chief Returning Officer” means the person designated
as such under section 6(3)(a), and includes a
Returning Officer authorised pursuant to section
26(2) to exercise the powers, duties, and functions of
the Chief Returning Officer;
“Electoral Commissioner” means the person appointed as
such under an Act of Parliament;
“Registrar” means the person designated as such under
section 6(3)(b), and includes any person authorised to
exercise the powers, duties, and functions of the
Registrar;
“Returning Officer” means a Returning Officer specified
under section 6(1), and includes an Assistant
Returning Officer;”;


2015, No. 13 Electoral Amendment 11
(ii) insert:

““Commission” means the Electoral Commission
established under an Act of Parliament;”;

(b) for sections 5 and 6, substitute:
“5. Electoral Commissioner - The Electoral
Commissioner is responsible for the conduct of a plebiscite
under this Act.
6. Chief Returning Officer, Assistant Registrar and
other officers-(1) Returning Officers, Assistant Registrars
and other officers of the Electoral Commission have the
powers and duties conferred on them by this Act and any
other powers and duties as are authorised in writing by the
Electoral Commissioner.
(2) A Returning Officer has in and about the polling place
for which he or she is appointed all the powers and duties of
a Chief Returning Officer, and, subject to any directions of
the Electoral Commissioner, is subject to the authority and
control of the Chief Returning Officer.
(3) The Electoral Commissioner may, for the purpose of
this Act, designate in writing:
(a) Returning Officers of the Commission to be the
Chief Returning Officer or Assistant
Returning Officers; or
(b) the Assistant Registrar of the Commission to be
Registrar.”.
(c) in that Act or any other enactment -
(i) for “Plebiscite Administrator”,
substitute “Electoral Commissioner”;
(ii) for “Deputy Returning Officer”
substitute “Assistant Returning Officer”.
(8) Regulations may be made, within 12 months from the
commencement of this Act, under section 136 of the principal
Act to deal with any transitional matters necessary to implement
the amendments under this Act for the purposes of the next
general elections.


12 Electoral Amendment 2015, No. 13

SCHEDULE 1
(section 13(2))
GENERAL AMENDMENTS TO PENALTIES
Section amended
(Column 1) Delete

(Column 2)
Substitute

(Column 3)
12(2) 1 20
14 1 20
18B(4) 1 20
18B(4) 2 40
25B(1K) 1 20
25E(2) 2 40
32(4) 1 20
40 8 50
41(1) 8 50
42 1 20
43 1 20
68(2) 1 20
69(4) 2 40
70(5) 2 40
73(5) 5 30
88(e) 8 50
88(f) 8 50
88(g) 2 40
89(1) 8 50
90 8 50
91 8 50
136 2 20
SCHEDULE 2
(section 13(3))
Section
(column 1)
Repeal
(column 2)
Substitute
(column 3)
Insert new
provision
(column 4)
2 Definition of
“elector”

Definition of
“electoral
“territorial
constituency roll”



2015, No. 13 Electoral Amendment 13
roll” means the roll of the
voters of a territorial
constituency;

2 Definition of
“individual
voters roll”
“urban constituency
roll” means the roll
of voters of an urban
constituency;”

2 Definition of
“voter”
“voter” means person
registered, or
qualified to be
registered, as:
(a) a territorial voter on the
territorial
constituency
roll; or
(b) an urban voter on the urban
constituency
roll;”

2 Definition of
“roll”
“roll” or “voters
roll” means a
territorial
constituency roll, an
urban constituency
roll, a main roll or a
supplementary roll;”


2 “kinship
connection”
means
authentic
kinship
connections
to the
alaalafaga or
afioaga of
the
customary
land within
a territorial constituency;



14 Electoral Amendment 2015, No. 13
2 “territorial
voter”
means a
person
registered as
a voter
under a
territorial
constituency
roll
2 “urban
voter”
means a
person
registered as
a voter
under an
urban
constituency
roll.”
5(1) “an elector of
a
constituency”
“a voter of a
territorial
constituency”

6 “an elector or
voter who
has been
registered on
an electoral
or the
individual
voters’ roll”
“a voter who has
been registered on a
territorial or urban
constituency roll”

7 “elector of a
constituency,
he or she was
not in fact
registered as
an elector of
that
constituency
but was
registered in
error as an
elector of
“voter of a territorial
constituency, he or
she was not in fact
registered as a voter
of that constituency
but was registered in
error as a voter of
some other territorial
constituency”



2015, No. 13 Electoral Amendment 15
some other
constituency”

Part III
Heading “PART III
REGISTRA-
TION OF ELECTORS”

“PART III
VOTERS
REGISTRATION
IN TERRITORIAL
CONSTITUEN-
CIES”


16A(9)(a) “an elector of
a
constituency”
“a territorial
constituency voter”

16A(9)(a) “registration
as an elector
of another
constituency”
“registration as a
voter of another
territorial
constituency”

16A(9)(b) “registered as
an elector of
the other
constituency”
registered as a voter
of the other territorial
constituency

16A(9)(b) “an elector of
the original
constituency”
“a voter of the
original territorial
constituency”

17 subsection (4)
Part IV
Heading “PART IV
INDIVI-
DUAL
VOTERS”

“PART IV
VOTERS
REGISTRATION
IN URBAN
CONSTITUEN-
CIES”

20 section 20
25A(1) “an elector in
any
constituency”
“territorial voter”
25B(5) “an elector” “a territorial voter”
25E(1) “an elector in
a constituency
or as an
individual
voter”
“a territorial or urban
voter”





16 Electoral Amendment 2015, No. 13
26(1) “roll for a
constituency,
or individual
voters”
“territorial or urban
constituency roll”

32(5) Full stop at
end of
paragraph (b)
Semi-colon “(c) if an error
made by or on
behalf of the
Commissioner
has resulted in
a person being
registered as a
territorial
voter of a
constituency
other than the
constituency
in respect of
which the
person should
have been
registered.
32 Subsection
(6)

35(3) “electoral
and
individual
voters’ rolls”
“territorial
constituency and
urban constituency
rolls”

36A(1)(a) “electoral roll
for the
constituency
or Individual
Voters”
electoral roll for the
territorial or urban
constituency”

36A(1)(a)
(i)
“the
constituency
or Individual
Voters”
the territorial
or urban
constituencies”

36A(2) “constituency
or Individual
Voters is writ
day in
relation to an
election in
that
“territorial or urban
constituencies is
writ day in relation
to an election in
those
constituencies”



2015, No. 13 Electoral Amendment 17
constituency
or for
Individual
Voters”

38(3) “electoral
roll for a
constituency”
“territorial
constituency roll”

39AA(1)(a) “an elector” “territorial voter”
48(1) “constituency
or for the
individual
voters, by not
less than two
(2) registered
electors of
that
constituency,
or by two (2)
registered
voters”
“territorial or urban
constituency by
at least two (2)
registered voters of
that constituency”

50(1)(b) “registered
elector of a
specified
constituency,
or, registered
as an
individual
voter”
“registered voter
of that territorial
or urban
constituency”

50(1)(c) “two (2)
registered
electors
of the
constituency
for which the
nomination is
made, or, in
the case of an
individual
voter, by at
least two (2)
registered
voters”
“two (2) registered
voters of that
territorial or urban
constituency”




18 Electoral Amendment 2015, No. 13
70A “the main
roll or a
supplementary
roll for a
constituency
or on the
main or
supplementary
individual
voters’ roll as
the case may
be and who is
qualified to be
registered as
an elector
for the
constituency or
as an individual
voter shall be
qualified to vote
at an election
in that
constituency or
as an individual
voter as the case
may be”
“the main or a
supplementary roll
for a territorial or
urban constituency
and who is
qualified to be
registered as a
voter is qualified
to vote at an
election in that
territorial or urban
constituency”

99(2) “an elector of
his or her
constituency or
to an individual
voter”
“a territorial or
urban voter”

111(4)
(proviso)
“an elector or
voter of the
constituency
or individual
voters”
“a territorial or
urban voter”

Form 1D “Declaration of
Personal Details
for application to
be registered as
an Elector”
“Declaration of
Personal Details
for application to
be registered as a
territorial voter”




2015, No. 13 Electoral Amendment 19
Form 1D “I am currently
registered on the
roll of (Insert
constituency) or
the individual
voters roll and
wish to make my
election to
change my
constituency to
(Insert
constituency)
and have not so
changed in the
preceding period
after the last
general election
or;

(a) I am not currently
registered on
any roll as
either an
elector or a
voter;”
“I am currently
registered on the
territorial or urban
constituency roll of
(Insert
constituency) and
wish to make my
election to change
my constituency to
(Insert
constituency) and
have not so
changed in the
preceding period
after the last
general election or;

(b) I am not currently
registered on
any roll as
either a
territorial or
urban voter;


Form 5 “WE, the
undersigned
registered
electors of the
Constituency,
registered
individual
voters, nominate
.................
(Name), of
(Residence and
occupation), a
registered elector
of the
....................
Constituency, a
registered
“WE, the
undersigned
registered voters of
the Constituency
(insert territorial
or urban
constituency),
nominate
................. (Name),
of (Residence and
occupation), a
registered voter
of the
(territorial/urban).
...................
Constituency, with
his (or her)



20 Electoral Amendment 2015, No. 13
individual
voters, with his
(or her) consent,
as a candidate at
the election of a
member of
Parliament for
the ....................
Constituency,
Individual
Voters”
consent, as a
candidate at the
election of a
member of
Parliament for the
(territorial/urban).
...................
Constituency”





2015, No. 13 Electoral Amendment 21

SCHEDULE 3
(Section 13(4))

“SCHEDULE 2
(Sections 16(1) and 19)
PERSONS QUALIFIED FOR REGISTRATION AS VOTERS
UNDER THE TERRITORIAL OR URBAN CONSTITUENCIES

Item
No.
TERRITORIAL
CONSTITUENCY
(Column 1)
URBAN
CONSTITUENCY
(Column 2)
1 Persons residing on
customary land and other
land (except for item 1 of
Column 2) within the
territorial constituency.
Persons (whether or not
Matai title holders) residing
on any land other than
customary land within the
boundary of the territorial
constituency.
2 Matai title holders residing
outside the territorial
constituency or within the
urban constituencies. The
holder of a single Matai title
must be registered in the
territorial constituency where
the title exists. The holders of
multiple Matai titles may
choose to be registered
in any of the territorial
constituencies where the
titles exist (but must choose
once between general
elections).
Persons (whether or not
Matai title holders) residing
on land within urban
constituencies who have
kinship connections to
Vaimauga or Faleata
constituency who choose to
be registered in the urban
constituency in which they
reside.
3 Spouse or parent or child or
brother or sister (residing
outside the territorial
constituency) of a Matai may
choose to be registered in the
territorial constituency in
which the Matai is registered.
This provision does not apply
Persons whose name is
validly registered in the
individual voter roll before
the commencement of the
Electoral Amendment Act
2015 are treated as registered
under the urban constituency
in which the person resides.


22 Electoral Amendment 2015, No. 13
to Matai title acquired by a
brother or sister of a voter
from or through the spouse of
the brother or sister.
This provision applies only
to the 2016 General
Elections.
4 Persons residing on
customary land within
Vaimauga and Faleata
constituencies who have no
kinship connections to those
territorial constituencies are
to be registered in the
territorial constituencies in
which they have kinship
connections.
Persons registered in the
individual voters roll who
reside in a territorial
constituency outside the
boundary of the urban
constituency may choose to
be registered in the territorial
constituency of residence or
in either of the urban
constituencies. This
provision applies only to the
2016 General Elections.
5 Persons residing on land
within urban constituencies
who have kinship
connections to Vaimauga or
Faleata constituency who
choose to be registered in the
Vaimauga or Faleata
constituency in which they
have kinship connections.


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The Electoral Amendment Act 2015 is administered
by the Office of the Electoral Commissioner.