PART
III
REGISTRATION OF ELECTORS
16.
Qualifications of electors – (1)
Subject to the provisions of the Constitution and of this Act
every adult person shall be qualified to be an elector of a constituency
if:
(a)
He is a Western Samoa citizen; and
(b)
His name does not appear on the individual voters roll.
(2)
The constituency in which an
elector shall be registered shall be determined
according
to the following provisions.
(a)
If the elector is the holder of a Matai title he shall be
registered in the constituency in respect of which the title exists or,
if he is a plural title holder, he shall be registered in the
constituency in respect of which one of those titles exists, as he may
choose once between general elections;
(b)
If the elector is not the holder of a Matai title but his spouse
or one of his grandparents, parents, or a brother or sister is (or if
that person is dead, was at the time of his or her death) the holder of
a Matai title then, subject to paragraph (c) of this subsection, the
elector shall be registered:
(i)
if there is only one title to which this paragraph applies, in
the constituency in respect of which that title exists or existed; or
(ii)
if there is more than one title to which this paragraph applies,
in such constituency in respect of which one of those title exists or as
the case may be existed as the elector may at any time choose; once
between general elections; or
(iii)
at the choice of the elector and whether or not there is more
than one title to which this paragraph applies, if the elector satisfies
the Registrar that he is rendering bona fide service to a village, in
the constituency in which that village is situated;
(c)
Paragraph (b) of this subsection shall not apply in respect of
any Matai title acquired by a brother or sister of an elector from or
through the spouse of such brother or sister;
(d)
If the elector is not a person to whom either paragraph (a) or
(b) of this subsection applies then the elector shall be registered in
either:
(i)
the constituency in which it is confirmed to the satisfaction of
the Registrar that he is rendering service to a village; or
(ii)
the constituency in which that person is a bona fide resident at
the time he applies for registration, as that elector may choose.
(e)
For the purposes of this subsection “service” in relation to
a village means service to a Church in that village, or to the Village
Council, or to any community project or work related activity in that
village;
(f)
If the elector is not resident in Western Samoa and is not a
person to whom paragraphs (a), (b), or (d) of this subsection applies
the elector shall be registered in the constituency in which he last
resided in Western Samoa;
(g)
If the elector has never resided in Western Samoa and none of
paragraphs (a), (b), (d) or (f) apply to that elector, then the elector
shall be registered in a constituency in which the Registrar is
satisfied that he has family ties.
(3)
Where a person makes a choice of constituency pursuant to
subsections (2)a, (2)(b)(ii), or (2)(b)(iii) of this section he shall
notify the Registrar accordingly. Subject
to Part V of this Act, a choice made may be revoked, and a fresh choice
made and notified to the Registrar once only between general elections.
(4) A person who is
registered as an elector may be notification to the Registrar require
the Registrar to remove his name from any roll.
(5) Where a person
revokes a choice of constituency or requires the Registrar to remove his
name from any roll he shall forthwith surrender to the Registrar his
Certificate of Identity, and shall not be entitled to be registered on
any other roll until he has done so, or until he satisfies the Registrar
that his certificate has been lost.
(6)
Where an elector ceases to render service to a village he
shall cease to be entitled to be enrolled pursuant to subsection (2)(b)(iii)
or (2)(d)(i) as an elector of the constituency in which that village is
situated. (7)
For the purposes of this section a person shall not be deemed
to have ceased to render service to a village by reason only of the fact
that his service is temporarily suspended as a result of illness, or
absence from Western Samoa. (8) For the
purposes of this section, “village” means a village with a
traditional salutation in accordance with Samoan custom and usage and
having a council of Alii and Faipule.
16A.
Rules for determining place of residence within Western Samoa –
(1) Subject to the
provisions of this section, the place where a person resides within
Western Samoa at any material time or during any material period shall
be determined for the purpose of this Act by reference to the facts of
the case. (2) For the purposes
of this Act a person can reside in one place only.
(3) A person resides at
the place where that person chooses to make his home by reason of family
or personal relations or for other domestic or personal reasons.
(4)
Where the property on which a person’s home is located is
divided between two or more constituencies, that person shall:
(a)
If his dwelling is located wholly within one of those
constituencies, be deemed to reside in that constituency; or
(b)
In any other case, be deemed to reside in the constituency in
which is located:
(i)
The front door or other main entrance of his dwelling; or
(ii)
Where his dwelling is an apartment, the front door or other main
entrance of the building in which the apartment is situated.
(5)
A person who is detained in any
penal institution or hospital by virtue of any enactment shall not, by
reason only of that detention, be treated for the purpose of subsection
(3) of this section as residing there.
(6)
The place where, for the purposes of this Act, a person
resides shall not change by reason only of the fact that the person:
(a)
Is occasionally or temporarily absent from that place; or
(b)
Is absent from that place for any period because of his service
or that of his spouse as a member of Parliament; or
(c)
Is absent from that place for any period because of his
occupation or employment or that of his spouse; or
(d)
Is absent from that place for any period because he or his
spouse, is a student, even if such absence involves occasional or
regular residence at another place or other places.
(7)
Except as provided in subsection
(6) of this section, a person who has permanently left his former home
shall be deemed not to reside at that place, notwithstanding his home
for the time being is temporary only.
(8) A Western Samoa citizen who is outside Western Samoa
shall be deemed to reside where he had his last home in Western Samoa;
but nothing in this subsection shall affect the application of section
16 of this Act for the purpose of determining the qualification of any
person for registration as an elector or section 70B of this Act.
(9)
In the case of a person who is appointed to be a member of
the Cabinet, or who is the spouse of any person so appointed, the
following provisions shall apply notwithstanding anything to the
contrary in this section, namely:
(a)
So long as he
holds that office he shall be deemed to continue to reside at the place
of residence in respect of which he was registered as an elector of a
constituency (in this subsection referred to as the original
constituency), notwithstanding his absence therefrom at the seat of
Government or otherwise, unless and until he duly applies for
registration as an elector of another constituency of which he is, apart
from the provisions of this paragraph, qualified to be an elector.
(b)
Upon being registered as an elector of the other constituency
pursuant to an application as aforesaid, the applicant shall cease to be
entitled to continue to be registered under this subsection as an
elector of the original constituency.
10.
A person whose home is on any ship,
boat, or vessel permanently located in any
harbour
shall be deemed to reside in the electoral district in which the wharf
or landing place in the harbour is situated.
16B.
Disqualification for Registration – (1)
The following persons are disqualified for registration as
electors or voters.
(a)
A person who is detained in a hospital, a prison or some other
place of security under the Mental Health Ordinance 1961;
(b)
A person detained in any prison pursuant to a conviction;
(c)
A person whose name is on the Corrupt Practices List made out for
any constituency.
(2)
The Registrar of the Court in which
any order or conviction is made shall not
later
than the 5th day of the month next succeeding the date of the
order or conviction forward to the Registrar the name, place of
residence and description of the patient or offender and particulars of
the order or conviction.
16C.
Detention in prison pursuant to conviction – Where a person
who has been sentenced to a full time custodial sentence is received
into a prison in which that person is to serve the while or part of that
sentence the Gaoler of that prison shall not later than the 5th
day of the month next succeeding the date of the conviction forward to
the Registrar a notice showing:
(a)
The name, previous residential address and date of birth of that
person;
(b)
The name and address of the prison
17. Compilation of
electoral rolls – (1) For
each constituency the Registrar shall compile and at all times maintain
as electoral roll, which he shall make and keep as complete and accurate
as possible. (2)
Subject to Part V of this Act, the Registrar shall make such
additions to, deletions from and other amendments to each electoral roll
as appear to him to be necessary as he receives information relevant to
such roll. (3)
Repealed by section 7(3) Electoral Amendment Act 1990.
(4)
A person shall not be entitled to be registered as an elector in
more than one constituency or more than once in once constituency,
notwithstanding that he may be a plural title holder.
(5)
Repealed by section 7(3) Electoral Amendment Act 1990.
18.
Transitional – (1) Every
person who is registered as an elector in any constituency on the 27th
day of November 1990 shall without further application be registered on
the roll compiled pursuant to section 17 of this Act after that date.
(2)
Unless the Registrar in any particular case otherwise
determines it shall not be necessary for any person whose name appears
on the main or supplementary roll prepared for the purposes of the
Plebiscite Act 1990 to comply with the provisions of section 25A of this
Act for the purposes of enrolment for any election held in 1991.
(3)
Any person to whom subsection (2) of this section applies may
be registered as an elector or as a voter by
(a)
Appearing before the Registrar or an assistant for the purpose of
obtaining a Certificate of Identity; and
(b)
Satisfying the Registrar as to the constituency in respect of
which that person should be registered, or, as the case may be, by
satisfying the Registrar that he should be registered on the individual
voters’ roll.
(4) This
section shall apply notwithstanding any provision to the contrary in
section
25A
of this Act.
18A.
Revision of Electoral Rolls – (1)
The Registrar shall direct an enquiry to be made concerning
the particulars of all persons whose names are on the roll.
(2)
The Minister may from time to time issue a public notice
specifying a period during which the enquiries directed under subsection
(1) are to be undertaken and shall where practicable publish such notice
in every year in which a Parliament is due to expire.
(3)
Where a Parliament is dissolved while an enquiry under
subsection (1) of this section is in progress the Registrar shall not be
obliged to complete that enquiry. (4)
Every enquiry shall be in the prescribed form and shall
require the person to whom it is addressed to sign and return the form
together with any corrections to the Office of the Registrar.
(5) Every completed
form accepted by the Registrar as being in order shall be deemed to be
an application for registration as an elector.
(6) Where the
Registrar receives during a period specified under subsection (2) of
this section or within 6 days before the commencement of any such period
a duly completed application for registration as an elector that
application shall be deemed to be a completed form under this section. (7) The
completed form shall contain the particulars specified in for 1A in the
Schedule of this Act. (8) Where any person fails to respond to an
enquiry under subsection (2) of this section the Registrar shall after
making such further enquiry as he thinks fit remove the name of that
person from the roll:
PROVIDED
THAT, the
name of that person shall not be removed where:
(a)
The Registrar is satisfied that such person is alive; and
(b)
According to the records of the Registrar such person is the
holder of a valid identification card.
(9)
Nothing in this section shall
affect the provisions of this Act as to the
production
of a valid Certificate of Identify required under the provisions of
section 70B of this Act.