PRELIMINARY
1.
Short
title and division into Parts – (1)
This Act may be cited as the Electoral Act 1963.
(2) This Act is
divided into Parts, as follows:
PART I:
Preliminary (Sections 1 to 4)
PART II:
Qualifications of Members (Sections 5 to 15)
PART III:
Registration of Electors (Sections 16 to 18A)
PART IV:
Individual Voters (Sections 19 to 25)
PART V:
Rolls (Sections 25A to 39AD)
PART VI:
Offences (Sections 40 to 43)
PART VII:
General Elections and By-elections (Sections 44 to 75)
PART VIII:
Procedure after Polling Day (Sections 76 to 94)
PART IX:
Corrupt and Illegal Practices (Sections 95 to 103)
PART X:
Election Petitions (Sections 104 to 132)
PART XL:
Miscellaneous Provisions (Sections 133 to 137)
2.
Interpretation
– (1)
In this Act, unless the context otherwise requires:
“Adult”
means a person of or over the age of 21 years; and where public notice
has been given in respect of a Polling day includes a person who will
have attained the age of 21 years on or before that day.
“Assistant”
means a person appointed as an assistant under section 25A of
this Act.
“Bankrupt”
means a bankrupt within the meaning of the laws relating to
bankruptcy in force in Western Samoa.
“Bribery”
has the meaning assigned to that term by section 96 of this Act.
“By-election”
means any election other than a general election.
“Candidate”
means any person who has been nominated as a candidate for election as a
Member of Parliament and in Parts IX and X of this Act includes any
person who has declared his intention of becoming a candidate.
“Chief
Electoral Officer”
means the Chief Electoral Officer appointed under section 3 of
this Act and includes any person authorised to exercise the powers
duties and functions of the Chief Electoral Officer.
“Constitution”
means the Constitution of the Independent State of Western Samoa.
“Constituency”
means a territorial constituency constituted under the
Territorial Constituencies Act 1963.
“Corrupt
practice”
means any act declared by this Act to be a corrupt practice.
“Costs”
includes charges and expenses.
“Deputy
Registrar”
means a Deputy Registrar appointed under this Act; and includes
any person authorised to exercise the powers, duties and functions of a
Deputy Registrar.
“Deputy
Electoral Officer” means a Deputy
Electoral Officer appointed under this Act; and includes any person
authorised to exercise the powers, duties and functions of a Deputy
Electoral Officer.
“Election”
means an election of a Member of
Parliament.
“Electoral”
in relation to any territorial constituency, means a person
registered, or qualified to be registered, as an electoral of that
territorial constituency.
“Electoral
roll” means
the roll kept by the Registrar of the electors of a territorial
constituency.
“Foreign
country” means
any country other than Western Samoa.
“Gazette”
means the Western Samoa Gazette.
“General
election” means an election which takes place after the
dissolution or expiration of the Legislative Assembly.
“Government”
means the Government of Western
Samoa.
“Illegal
Practice” means
any act declared by this Act to be an illegal practice.
“Individual
voters’ roll” means
the roll kept by the Registrar pursuant to Part IV of this Act.
“Main
roll”, in
relation to any territorial constituency or individual voters, means the
main roll printed for the
territorial constituency or individual voters and for the time being in
force.
“Main
title”
means the title which is entered in the Register of Matais
established and kept pursuant to the Land and Titles Act 1981 other than
a title held as a complimentary honour only.
“Member”
means a Member of Parliament.
“Minister”
means the Minister for the Legislative Assembly.
“Nomination
Day”, in relation to any election, means
the day appointed by public notice as the latest day for the nomination
of candidates.
“Personation”
has the meaning assigned to that term by section 95 of this Act.
“Polling
Day”
in relation to any election, means the day appointed by the
public notice for that election for the polling to take place if a poll
is required.
“Prescribed”
means prescribed by this Act or by regulations made thereunder or
(for the purposes of Part X of this Act) by rules of Court.
“Presiding
Officer”
means the Electoral Officer or any Deputy Electoral Officer
appointed under section 3 of this Act and presiding at any polling place
or booth on the day of the polling
“Public
notice”
means publication:
(a)
In the Gazette; and
(b)
In the Savali; and
(c)
In a newspaper published in Western Samoa, or by means of notices
posted in conspicuous places at Apia and at such other place or places
in Western Samoa as the Chief Electoral Officer and registrar think fit,
or by means of notices broadcast by radio; and “publicly notify” has
a corresponding meaning.
“Public
servant”
means a person employed in the service of the Government, not
being honorary service; but does not include any person to whom
subsection (2) of this section applies; and does not include:
(a)
Any person by reason of his holding an office for which a salary
is payable under the Civil List Act 1964;
or
(b)
Any person remunerated by fees or a commission and not by wages
or salary.
“Registrar”
means any person appointed as the Registrar under section 3 of
this Act; and includes any person authorised to exercise the powers,
duties, and functions of the Registrar.
“Electoral
Officer”
means a Electoral Officer appointed under this Act, and includes
any person authorised to exercise the powers, duties, and functions of a
Electoral Officer.
“Roll”
means an electoral roll, the individual voters’ roll, a main roll, or
a supplementary roll, as the case may be.
“Speaker”
means the Speaker of the Legislative Assembly.
“Statement”
includes not only words but also pictures, visual images,
gestures, and other methods of signifying meaning.
“Supplementary
roll”, in relation to any territorial
constituency or individual voters, means a supplementary roll printed
for the territorial constituency or individual voters and for the time
being in force.
“Territorial
constituency” means a constituency
constituted under the Territorial Constituencies Act 1963.
“Treating”
has the meaning assigned to that term by
section 97 of this Act.
“Undue
influence” has the meaning assigned to
that term by section 98 of this Act.
“Voter”
means a person registered, or qualified to
be registered, as a voter on the individual voters’ role.
“Writ”
means a writ for an election issued
under this Act.
“Writ
Day” in relation to any election means
the day of the issue of the writ for that election.
A
reference to a numbered form is a reference to the form so numbered in
the First Schedule to this Act.
(a)
Is appointed by the Government, or any department or agency of
the Government to be a member of any Commission, Council, Board,
Committee, or other body, or
(b)
Is a member of any Commission, Council, Board, Committee, or
other body of which any members receive any payment out of public
money,-
He
shall not be reason of that membership be deemed to be a public servant,
whether or not he receives any travelling allowances, or travelling
expenses.
OFFICERS
3.
Chief Electoral Officer, Registrar and other officers – (1)
There shall be appointed
by
the Public Service Commission
of Western Samoa a Chief Electoral Officer and a Registrar of electors
and voters, who shall have and exercise the powers and duties conferred
on them by this Act. (2)
The Public Service Commission may appoint the same person to hold
office both as Chief Electoral Officer and Registrar of electors and
voters. (3)
There may from time to time be appointed by the Chief Electoral
Officer, with the approval of the Public Service Commission of Western
Samoa:
(a)
Electoral Officers, Deputy Electoral Officers, polling officers,
and such other officers as are required to carry out the provisions of
this Act; and
(b)
A substitute for any such officer to act in the case of the
sickness, absence, death or removal of that officer.
(4)
There may from time to time be
appointed by the Registrar, with the approval
of
the
Public Service Commission of Western Samoa.
(a)
Deputy Registrars and such clerks as are required to assist the
Registrar to carry out the provisions of this Act, and
(b)
A substitute for any such officer to act in the case of the
sickness, absence, death or removal of that officer.
(5)
Every substitute while
so acting shall have all
the duties, powers and authorities of
the
officer
for whom he is actioning. (6) The fact that any substitute so acts shall be sufficient
evidence that a case has arisen authorising him so to act. (7)
Every Deputy Electoral Officer shall have and may exercise in and
about the polling place for which he is appointed all the powers and
duties of a Electoral Officer, and shall be subject to the authority and
control of the Chief Electoral Officer. (8)
Every Deputy Registrar shall have and may exercise all the powers
and duties of the Registrar, and shall be subject to the authority and
control of the Registrar. (9) No candidate and no person holding any office in or being a
member of any political organisation shall be an officer appointed under
this section.
4.
Electoral Officers to make declaration – Every
Electoral Officer and every Deputy
Electoral
Officer shall, before entering on the duties of his office, make a
declaration in form No. 1 before the Chief Electoral Officer, another
Electoral Officer, another Deputy Electoral Officer or a person
authorised by law to take statutory declaration.