PART
IV
INDIVIDUAL VOTERS
19.
Qualifications of voters – (1)
Subject to the provisions of the Constitution and of this Act
every person shall be qualified to be an individual voter and to have
his name entered on the individual voter’s roll if he is an adult
citizen of Western Samoa and not disqualified as a candidate for
election by virtue of any of the provisions of section 5 of this Act,
and if:
(a)
His name was entered on the European electoral roll on the 30th
day of November 1963; or
(b)
He:
(i)
Is the child of a parent whose name was entered on, or who if
alive on the 30th day of November 1963, would have qualified
to have his name entered on the European electoral roll on 30th
day of November 1963; or
(ii)
Was unborn or had not attained the age of 21 years on the 30th
day of November 1963; or
(c)
He acquired his citizenship of Western Samoa by naturalisation or
by registration; or
(d)
He acquired his citizenship of Western Samoa by birth and is the
child of a parent who is not a citizen of Western Samoa or of a parent
who if alive at the date of the commencement of the Citizenship Act 1972
would not have automatically qualified to be a citizen of Western Samoa
by virtue of any provision of that Act; or
(e)
His or her spouse is registered as an individual voter.
(2)
Notwithstanding the provisions of
subsection (1) of this section no person shall be qualified to have his
name entered on the individual voters’ roll if he:
(a)
Holds a matai
title or is exercising any customary right or privilege in regard to
customary land;
(b)
Is married to a person holding a Matai title or exercising any
customary right or privilege in regard to customary land;
(c)
Is registered as an elector.
20.
Registration of absentee voters – Notwithstanding
anything to the contrary in this or any other Act, if any person would
be qualified to have his name entered on the European electoral roll on
the 30th day of November 1963 on application, but it is
impossible or difficult for him to claim such entry before the 30th
day of November 1963 by reason of absence from Western Samoa at any time
during the period between the first reading of this Act in the
Legislative Assembly and the 30th day of November 1963, he
may, at any time within 6 months of returning to Western Samoa, claim to
have his name entered on the European electoral roll, and the Registrar
may enter his name on that roll, and any such entry shall be deemed to
have been made on the 30th day of November 1963.
21.
Registration of voters – Every person desirous of having
his name entered on the individual voters’ roll shall (unless his name
is already on the roll) deliver n person to the Registrar or an
Assistant to the registrar a claim in form No. 2.
22.
Retention on the roll – (1)
Every person whose name is entered on the individual
voters’ roll shall be entitled to have his name retained on that roll
so long as he remains qualified to be an individual voter.
(2) A person who is
registered as a voter may be notification to the Registrar require the
Registrar to remove his name from the individual voters’ roll in which
event he shall forthwith surrender to the Registrar his Certificate of
Identify, 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.
23.
Procedure following claim
for registration – (1) If
the Registrar is satisfied that any voter who claims to be registered as
a voter is qualified to be registered he shall forthwith enter his name
on the roll. (2)
If after making such inquiries as he thinks fit the Registrar is
not so satisfied he shall with 5 days of the receipt of the claim give
notice in writing to the claimant setting forth the particulars of which
proof is required. (3)
If the claimant fails to furnish proof of his qualifications
satisfactorily to the registrar within 10 days after the giving of
notice to him under subsection (2) of this section, the registrar shall
refuse the claim and forthwith notify the claimant accordingly.
(4) Within 14 days after the giving to the claimant of a notice
of refusal under subsection (3) of this section, the claimant may
require the Registrar to refer his claim to a Magistrate’s Court. (5)
The registrar shall notify the claimant of the time and place
appointed for the hearing of the claim by such Magistrate’s Court.
24.
Voter required to notify Registrar on occurrence of certain
events - (1)
Every person whose name is entered on the individual
voters’ roll and who takes a Matai title or begins to exercise any
customary right or privilege in regard to customary land or who marries
a person holding such a title or exercising any such right or privilege
shall notify the Registrar in writing of that event within one month of
its occurrence, and on failure so to do shall be liable to a fine not
exceeding $40. (2)
On learning of the occurrence of that event the Registrar
shall forthwith delete the name of that person from the individual
voters’ roll. (3)
In the event of an election being held after the occurrence
of that event and before the name of that person has been deleted from
the individual voters’ roll, he shall not be entitled to vote at that
election and any vote he may cast shall be disregarded and shall not
invalidate the election.
25.
Voter’s name entered or re-entered – (1)
No person whose name has been deleted from the individual
voters’ roll pursuant to subsection (2) of section 24 of this Act by
reason of taking a Matai title or beginning to exercise any customary
right or privilege in regard to customary land shall be eligible to have
his name re-entered on the individual voters’ roll if he should cease
to hold a Matai title or to exercise any customary right or privilege in
regard to customary land. (2) No person whose name has been deleted from the
individual voters’ roll pursuant to subsection (2) of section 24 of
this Act by reason of marrying a person holding a Matai title or
exercising any customary right or privilege in regard to customary land
shall be eligible to have his name re-entered on the individual
voters’ roll if his spouse should die or they should be divorced or if
his spouse should cease to hold such a title or to exercise any such
right or privilege.
PROVIDED
THAT a woman whose name was
on the European electoral roll on or before the 30th day of
November 1963, or was ever on or qualified to be on the individual
voters’ roll only by reason of her marriage, and who has not
subsequently been disqualified from being on the latter roll for any
other reason, shall be eligible, on the death of her husband or on her
divorce from him, to have her name entered or re-entered on the
individual voters’ roll.