Main Recommendations of the 2001 Commission of Inquiry Into The Electoral Act As Amended
Recommendation 1 : Qualification of Electors
(a) That in the case of matai electors section 23 (a) of the Act is followed by a new provision allowing registration of matais of other constituencies who are permanently resident in the constituency.
(b) That in the case of non-matais, the criteria for registration are:
(i) Continuous residence if not less than two years leading up to the next general elections in the constituency; or
(ii) If not a resident, that he or she is the father, mother, brother, sister or child of a matai in the constituency, or of a anon matai resident in that constituency.
(iii) Transfers between constituencies by eligible non matais may take place once only between two general elections, subject to any special exemptions as may be prescribed by the Samoan Electoral Commission, a new body that will be recommended in this Report.
(iv) Children adopted in the faasamoa tradition will not qualify to be registered.
(v) Reference to the concept of tautua or service in the Act be abolished.
(vi) Sections 16(2)(b) to 16(f) and 16(6) to 16(7) should be consequentially repeated.
Recommendation 2: The 3 year residence rule for potential candidates.
That the 3 year residence requirement for potential candidates should remain. there is no need to solicit the views of the villages for this requirement.
Recommendation 3: Imposition of heavier penalties for offences under the Electoral Act.
(a) That heavier penalties be imposed for offenders convicted of offences under the Electoral Act.
(b) That for the more serious offences such as corruption and bribery, in addition to the imposition of heavier penalties, the conviction be formally recorded as part of the offender’s Police record.
(c) That the officers of the electoral process be obliged to lay complaints with the appropriate authorities against individuals caught committing offences under the Electoral Act. In the process, more emphasis and training of electoral officers should be directed at monitoring, checking and evaluating the accuracy of information received and in particular, at highlighting their duty to prosecute suspected offenders.
Recommendation 4: Method of Voting.
That the “tick” method be retained.
That on the ballot paper, there be wider spaces separating the names of the candidates and their corresponding boxes.
That in assessing the ballot papers, the officials adopt a more flexible approach in ascertaining whether the tick clearly signifies the elector’s/voter’s intention, or whether the mark is made so blatantly unclear as to render an assessment impossible.
Recommendation 5: Penalties for persons unlawfully voting twice or more.
That heavy penalties be imposed for such offenders, including imprisonment for up to two years.
In addition, the offence be regarded as a criminal offence, with the conviction permanently recorded against the offender’s name.
Recommendation 6: Two-seat constituencies.
(a) That the present two-seat constituencies be subdivided as follows:
Upolu:
v Aana Alofi No. 1 (1) Faleasiu
(2) Fasitoouta
v Falealili (1) Saleilua, Poutasi, Vaovai, Matautu, Tafatafa,
Malaemalu and Satalo (Alaala Gafa o alo o Fanene);
(2) Sapo’e, Salani, Salesatele, Si’uniu, Sapunaoa and Piu (Alaala Gafa o Sa Fenunuivao)
v Safata (1) Saanapu, Staoa and Lotofaga
(Satunumafono)
(2) Niusuatia, Vaiee, Fusi, Fausaga and
Tafitoala (Alataua)
v Vaimauga Sisifo (1) Moataa, Vaiala and Magiagi (Fuaiupolu)
(2) Matautu, Apia and Tanugamanono
(Sagauga)
For Savaii the following subdivisions are proposed
v Faasaleleaga No.1 (1) Salelologa and Salelavalu
(2) Iva and Lalomalava
v Salega (1) Samata-uta, Samata-tai, Fagafau, Faia’ai and
Fogatuli.
(2) Sagone, Vaipu’a and Fogasavaii.
(b) That in the near future, there should be a redefining of electoral boundries based on proportional representation. this can be one of the tasks of the Samoan Electoral Commission.
Recommendation 7: Candidates to remain with their affiliated Parties.
That: (1)
(a) a candidate must remain affiliated to his party;
(b) if he defects to another party, then a by-election should be called;
(c) if he runs as an individual, or if he leaves the party to become an independent member, he cannot join another party in coalition; nor should he be allowed to hold a Ministerial post in the ruling Party for the duration of his Parliamentary term;
(d) political parties, in order to be recognised, must comply with the current law and should be formed by election time, if they are to be accorded legal recognition.
Recommendation 8: National Identification Card.
That:
(1) Electoral ID cards be abolished.
(2) All electors/voters be photographed at time of registration. Identification of voters will be by way of photographs and other details to be compiled in the electoral rolls. Photographs should be renewed every 10 years.
(3) A Special Ink procedure be applied to prevent multiple voting.
(4) There is no need for a National Identification card for general purposes at this time.
Recommendation 9: Protection of our culture and traditions.
That:
(1) Persons having being banished from villages still retain their rights to vote an to run for Parliament.
(2) Persons not involved in their village affairs be still eligible to be registered as electors.
Recommendation 10: Qualifications of candidate’s nominees.
That an independent body known as the Samoan Electoral Commission be established as quickly as possible, and that this body commence its operations within 12 months from Government approval.
That a Consultative Committee be set up specifically for the purpose of implementing the structure as well as nursing the Samoan Electoral Commission into operation.
Recommendation 12: Public Servants and Government Corporation employees contesting elections.
That if public servants and Government employees wish to run for Parliament, they must first resign their offices. If they are unsuccessful at the polls, they are permitted to reapply for their former positions, but their reemployment or otherwise will be considered by Government in the normal manner.
Recommendation 13: Individual Voters Roll.
That two (2) new seats described as “Urban Seats” replace the current two seats of the Individual Voters Roll. Qualifications for voting for these seats are:
(1) Matais and non matais having bona fide resided for at least two years in freehold or leased lands or lands that are otherwise non customary, in the constituencies of Vaimauga Sisifo, Vaimauga Sasa’e and Faleata.
(2) These electors will not be eligible to be registered in the traditional village constituencies of the above districts.
(3) Only registered matais will be eligible to run as candidates from this group.
(4) The Samoan Electoral Commission will deal with issues such as transfers from other constituencies, the genuineness of residences, applications for exemptions and so forth.
(5) The exact boundaries of the “urban area” for these purposes will be ascertained after a redefinition of boundaries for the whole electoral system.
Recommendation 15: The “O’o” or “Momoli”.
That the presentation of the “o’o” or “momoli” by candidates shall be permitted only after the official election results are declared and that such presentations shall not be made after the expiry of twelve months from the date of the declaration of the official election results.
Recommendation 16: Election Petitions – 50 Percent Threshold.
That the 50 percent threshold in section 105 of the Act be repealed.
Recommendation 17: Qualification of Members – section 5(5)((b) of the Act.
That:
(1) Section 5(5)(b) be amended to the original 1963 version;
(2) The words “in Samoa or in American Samoa” in section 5(5)(b) be deleted.
Recommendation 18: Time Limit for Prosecutions – section 103.
That the Act be amended to limit the time for bringing election petitions and
private prosecutions under sections 105 and 103 respectively to 21 days after
the official declaration of the election results, or after the offence was
committed, which ever is the later to expire.
Recommendation 19: Timing for Closing of the Rolls.
That the Rolls should be closed at least 6 months before polling day. The Rolls should be completed by that time and no further amendments should be entered, except for any special cases as the Samoan Electoral Commission may decide appropriate[1].
Recommendation 20: Accessibility to the Rolls.
That Electoral Rolls should be made accessible to the public at any time for their benefit at nominated location(s).
Recommendation 21: Public awareness, voter education and electoral officers training.
That the Electoral Act 1963 be repealed.