PART V

ROLLS

 

                25A.                Registration of electors – (1)  Every person who wishes to be registered as an elector in any constituency shall unless his name is already on the roll make application in person to the Registrar or to an assistant appointed by the Registrar to receive such application.  (2)   The Registrar shall appoint and make available such assistants as he considers necessary for the purposes of subsection (1) of this section or of section 21 of this Act and may appoint and make available assistants in any Embassy or Consulate of Western Samoa in a foreign country.

 

                25B.                Signing and witnessing of application for registration, etc.  -  (1)  Every person making any application or declaration in respect of registration as an elector or voter shall do so in form 1A or 2 of the Schedule to this Act, as the case may require, and shall either sign or place his mark on the application or declaration and must add to his signature his occupation and address.   (2)   Where a person making an application or declaration is respect of registration as an elector or a voter is physically disabled, the application or declaration may be signed on his behalf by a registered elector or voter who signs by direction of the physically disabled person and who indicates on the application or declaration.

 

(a)                 That the applicant or declarant is a physically disabled person.

 

(b)                 That the application or declaration is being signed by direction of the applicant or declarant.

 

(3)   The place in respect of which registration is claimed must be specified in such manner as to enable it to be clearly identified.  (4)  The registrar may reject any application or declaration that does not comply with subsection (1) or subsection (3) of this section or fails to supply any of the information required by form 1A or as the case may be, form 2, of the Schedule to this Act.  (5)   Every application for registration as an elector shall be witnessed by the Registrar or an assistant.

 

                25C.                Procedure following application for registration  -  (1)   If the Registrar is satisfied that any person who claims to be registered as an elector or a voter (whether by transfer from another territorial constituency or from the individual voters’ roll or otherwise) is qualified to be registered he shall within 5 days of the receipt of the claim forthwith enter the name of the applicant on the appropriate roll.   (2)   If after making such inquiries as he thinks fit the Registrar has reason to believe that any applicant is not qualified to be registered he shall within five days of receipt of the claim give notice in writing to the claimant setting forth the particulars of which proof is required.   (3)   If the applicant fails to furnish proof of his qualifications satisfactorily to the Registrar within ten days after the giving of notice to him under subsection (2) of this section, the Registrar shall refuse the application and forthwith notify the applicant accordingly.   (4)   Within fourteen days after the giving to the applicant of a notice of refusal under subsection (3) of this section, the applicant may require the Registrar to refer the claim to a Magistrate’s Court.  (6)   As soon as practicable after the registration of any person on any roll the Registrar shall send or deliver to that person a Certificate of Identify issued in accordance with section 135A of this Act. 

 

                25D.                Applications received while rolls temporarily closed -  (1)  The Registrar shall not at any time in the period that any roll is temporarily closed, register any application as an elector or voter that the Registrar receives after 4 p.m. on the day before the commencement of that period.

 

                25E.        Notice to be given when person ceases to be qualified  -  (1)   Every person who ceases to be qualified to be enrolled as an elector in any constituency or as an individual voter shall give notice of that fact to the Registrar within one month of his ceasing to be so qualified.   (2)   Every person who fails to comply with this section commits an offence and is liable upon conviction to a fine not exceeding $100.

 

                26.                Electors’ or voters’ objection  -  (1)  Any elector or voter may at any time object to the name of any person being on the roll for a constituency, or individual voters, upon the ground that:

 

(a)                 The person is not qualified as an elector in terms of section 16 of this Act, or

 

(b)                 The person is not qualified as a voter in terms of section 19 of this Act, or

 

(c)                 The name should appear on some other roll; or

 

(d)                 The person whose name is objected to is also registered as an elector or voter under the same or another name either on the same or another roll.

 

(2)           Every objector shall make his objection in writing specifying particulars of the objection and the grounds thereof, and shall serve his objection on the Registrar and a copy thereof on the person objected to.   (3)  Unless within 5 days after the service of the copy of the objection the person objected to agree with the Registrar that the latter may delete the entry objected to, or satisfies the Registrar that he is entitled to have the entry objected to retained on the roll, or the objection is withdrawn, the Registrar shall refer the objection to a Magistrate’s Court, and shall notify the parties of the time and place appointed for the hearing.

 

                27.                Registrar’s objection  -   (1)   The Registrar may at any time object to the name of any person being on a roll on the ground that person is not qualified to be registered as an elector or voter, as the case may be.   (2)   The registrar shall forthwith give notice in writing to the person objected to of the objection and of the particulars and grounds thereof.  (3)   Unless within 5 days after the giving of notice of the objection to the person objected to he agrees with the Registrar that the latter may delete the entry objected to, or satisfies the Registrar that he is entitled to have the entry objected to retained on the roll, or the objection is withdrawn, the Registrar shall refer the objection to a Magistrate’s Court and shall notify the person objected to of the time and place appointed for the hearing.   (4)  Nothing in this section shall affect the provisions of this Act as to the removal by the Registrar of names from any roll.

 

                28.          Time limit for objections and hearings by Magistrate’s Court after temporary closing of rolls  -  When the roll for any constituency or individual voters has been temporarily closed in accordance with subsection (1) of section 34 of this Act:

 

(a)                 No objection shall be made under section 26 or section 27 of this Act in respect of any rolls unless 21 clear days before polling day remain;

 

(b)                 No application or objection referred to a Magistrate’s Court under section 23, section 26 or section 27 of this Act shall be determined by the Court within the period of 14 clear days before polling day.

 

29.                Procedure on reference of claim or objection to Magistrate’s Court  -  (1)  The following provisions of this section shall apply with respect to proceedings on the reference to a Magistrate’s Court of a claim under section 23 of this Act or of an objection under section 26 or section 27 of this Act.   (2)   The Registrar, any claimant, any objector, and the person objected to may appear before the Court either in person or by some person appointed by him in writing or by a barrister or solicitor.   (3)   In the case of an objection the person objected to may forward to the Registrar of the Court a statement signed by him giving reasons why the entry objected to should be retained on the roll, and the Court shall take any such statement into account in determining the objection.   (4)   If any person objected to does not either appear or forward a statement as aforesaid the Court shall make an order that the entry object to be removed from the roll.   (5)   Except as otherwise provided in this Act, the entry objected to shall not be removed from the roll until the objection has been determined.   (6)   At the hearing of an objection no grounds of objection shall be taken into account except those specified in the written objection.   (7)   In any proceedings to which this Section applies the Court may make such order as to costs as it thinks fit.   (8)   Subject to the provisions of this section, the ordinary rules or procedure of the Court shall apply.   (9)   The Registrar shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the orders of the Court.

 

PURGING OF ROLLS

 

                30.                Registrar of Births and Deaths to notify adult deaths  -  The Registrar of Births and Deaths shall within 48 hours after the registration of the death of any adult person notify the Registrar to enable him to amend any roll if necessary.

 

                31.                Registrar of Marriages to notify women’s marriages  -  (1)  The registrar of Marriages shall within 48 hours after the marriage of any woman elector or voter send notice thereof to the Registrar.   (2)  On receipt of any such notice the Registrar shall take all proper steps, after verification of the particulars contained in the notice, to amend any roll if necessary.   (3)   If for any reason the alteration is not made in the appropriate roll before polling day the elector or voter shall, if otherwise qualified, be entitled to vote at that election in respect of her former name as appearing on the roll.

 

                32.                Removal of names from roll by Registrar  -  (1)  The Registrar shall, at any time except as provided in subsection (3) of this section, remove from any roll:

 

(a)                 The name of every person not qualified to be registered as an elector or voter who requests in writing that his name be removed from the roll; and

 

(b)                 The name of every person of whose identity the Registrar is satisfied and whose death has been notified to him in writing:

 

(i)            By the registrar of Births and Deaths; or

               

(ii)           By the spouse, father, mother, brother, sister or child of the deceased and provided that the person so advising the registrar is at least 18 years of age.

               

(c)                 The name of any person whom the registrar upon enquiry is satisfied has ceased to be qualified to be enrolled on that roll if:

 

(i)            The Registrar has notified that person by delivery to him or (if he cannot be found) by leaving at his last known address a notice of the Registrar’s intention to remove the name of that person from the roll and calling upon him to show cause why his name should not be so removed;  and

 

(ii)           After twenty one days following the giving of that notice the person has not satisfied the Registrar that he remains qualified to be registered on that roll.

 

(d)                 The name of every person whose name is entered on the Corrupt Practices List made out for that Constituency or for the Individual Voters.

 

(2)                Notwithstanding anything in this Act the Registrar, on being satisfied that the name of any person has been omitted or removed from any roll by mistake or clerical error, or through false information, may restore the name of that person to the roll at any time.   (3)   Except as provided in subsection (2) of this section it shall not be lawful for the Registrar to enter on or remove from any roll the name of any person after the date fixed for the temporary closing of the roll and before the day following the polling day in connection with which the roll has been closed.  (4)   If the Registrar offends against the provisions of this section he shall be liable to a fine not exceeding $40 for every name improperly entered on or removed from the poll.   (5)   In addition to other powers of alteration conferred by this Act, the Registrar may at any time, subject to subsection (3) of this section, alter the roll:

 

(a)                 By correcting any mistake or omission in the particulars of the enrolment of a person.

 

(b)                 By striking out the superfluous entry when the name of a person appears more than once on the roll.

 

(6)           Where an error made by or on behalf of the Registrar has resulted in a person being registered as an elector of a constituency other than the constituency in respect of which the person should have been registered; and   (7)   Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Registrar shall, on removing that name, enter it on a list to be known as the “list of post-writ day deletions”.

 

                32A.                Corrupt Practices Ltd  -  (1)   Where it is proved before the Registrar that any person who is registered or who applies for registration as an elector or voter has within the immediately preceding period of 4 years.

 

(a)                 Been convicted of a corrupt practice; or

 

(b)                 Been reported by the Supreme Court in its report on the trial of an election petition to have been proven guilty of a correct practice.

 

The Registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

 

                (2)           The Registrar shall remove the name of every person from the Corrupt Practices List at the expiration of 4 years from the date of the conviction or report in respect of which his name is entered on the list, or sooner if so ordered by the Supreme Court.  (3)   Whenever a main roll is printed for the constituency or Individual Voters a copy of the Corrupt Practices List for the constituency or Individual Voters shall be appended to it and printed and published with it.   (4)   Whenever a supplementary roll is printed for the constituency of Individual Voters copy of so much of the Corrupt Practices List as has not been printed with the main roll of any existing supplementary roll for the constituency or Individual Voters shall be appended to the supplementary roll and printed and published with it.

 

                33.                Assistance to be given Registrar  -  (1)   All members of the Police shall at the request of the Registrar assist him by informing him of the name of any person who they believe is registered as a voter but not qualified to be so registered and shall give the Registrar any information he requests relating to the qualifications of any person for registration as a voter.   (2)  All members of the Police shall also assist the Registrar by making such enquiries and obtaining such information as he requests.

 

CLOSING AND PRINTING OF ROLLS

 

                34.          Rolls closed by Chief Electoral Officer  -  (1)   In every year in which a general election or by-election is to be held, all rolls or the roll as the case may be, shall be temporarily closed on a date to be fixed by the Chief Electoral Officer, and after such date no name shall be added to the roll to which it relates until after that election.   (2)   At least 15 days before the date so fixed, the Chief Electoral Officer shall give public notice thereof.

 

                35.          Main rolls to be printed  -  (1)   From time to time, the Registrar shall cause the roll for each constituency to be printed, containing the names, numbered consecutively in alphabetical order according to the English alphabet, of all persons whose names are lawfully on the roll.  The roll for each constituency shall be in form No. 3 and shall be issued under the hand of the Registrar.   (2)   From time to time the Registrar shall cause the individual voters’ roll to be printed, containing the names, numbered consecutively in alphabetical order, according to the English alphabet of all persons whose names are lawfully on the roll.  The roll shall be in form No. 4, and shall be issued under the hand of the Registrar.   (3)  The printed rolls so formed, signed, added to, or altered from time to time as herein provided, shall for the time being be the electoral and individual voters’ rolls for Western Samoa.

 

                36.                Supplementary rolls to be printed  -  (1)   The Registrar may from time to time prepare supplementary rolls containing names added to any roll after the printing of the main roll and an indication of names removed from the main roll, and may cause the same to be printed, and every supplementary roll shall be deemed to be a part of the main roll to which it refers.   (2)   The names in any supplementary roll shall be numbered consecutively, starting with the number next higher than the last number on the last printed roll for electors or voters, whether main or supplementary.

 

                36A.                Composite to Rolls  -  (1)  The Registrar may from time to time cause to be printed a composite roll for the constituency or Individual Voters which roll:

 

(a)                 Shall subject to any additions alternations and deletions made to the electoral roll for the constituency or Individual Voters contain a list of:

 

(i)            All persons whose names appear on the main roll for the constituency or Individual Voters; and

 

(ii)           All persons whose names appears on any existing supplementary roll for the constituency or Individual Voters; and

 

(ii)                 All persons whose names do not appear on the main roll for the constituency or Individual Voters or any existing supplementary roll for the constituency on a date to be fixed for the closing of that composite roll by the Registrar; and

 

(b)                 Shall subject to paragraph (a) of this subsection be printed in the manner prescribed by section 35 of this Act in respect of a main roll.

 

(2)           Where the date for the closing of a composite roll for a constituency or Individual Voters is writ day in relation to an election in that constituency or for Individual Voters the Registrar of Electors.

 

(a)                 Shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and

 

(b)                 Shall not be obliged to issue a supplementary roll under the provisions of section 36(1) of this Act in relation to that election.

 

(3)           Where a composite roll for a constituency or Individual Voters is printed under this section.

 

(a)                 The composite roll shall, notwithstanding section 34 of this Act, be the main roll until a new main roll is printed for the constituency under section 34(1) of this Act or a new composite roll is printed for the constituency or Individual Voters under this section; and

 

(b)                 The main roll and any supplementary rolls that were is force for the constituency or Individual Voters immediately before the date of the closing of the composite roll shall cease to be in force.

 

(4)                Nothing in this section:

 

(a)                 Limits the provisions of section 34(1) of this Act; or

 

(b)                 Prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining.

 

(i)            Whether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any constituency or individual Voters; or

 

(ii)            Whether any person is qualified to vote in any constituency or Individual Voters are a special voter.

 

                36B.                Composite rolls required for by-elections  -  Notwithstanding anything in section 34 of this Act, the Registrar shall cause a composite roll for that constituency or for Individual Voters to be closed and printed as a writ day for the by-election.

 

                37.                Requirements of printing of rolls  -  The requirement of printing of rolls may, for the purposes of this Part of this Act, be satisfied by typewriting and any mechanical process of reproducing typewritten copies, and the term “printed” wherever used in this Part shall, where necessary, be construed accordingly.

 

                38.                Inspection of main and supplementary rolls  -  (1)  Printed copies of the main rolls and of the supplementary rolls shall be kept for inspection by the public at the office of the Registrar in Apia, at the Post Office in Apia, and at such other convenient places as the Registrar from time to time directs.  (2)   Any person may inspect at the Registrar’s office without payment at any time when the office is open for the transaction of business.

 

(a)                 The main rolls and the supplementary rolls so kept;

 

(b)                 The applications of any persons who have applied or claimed to be registered as electors or voters but whose names are not on the relevant roll.

 

(3)           A printed copy of the electoral roll for each constituency shall be kept for inspection by the public without payment at convenient times at the residence of each Pulenuu holding office in the constituency concerned.

 

                39.                Copies of rolls for Chief Electoral Officer  -  Printed copies of the main rolls and supplementary rolls, certified correct by the Registrar, shall be supplied by him to the Chief Electoral Officer, as the same are required from time to time for the purpose of conducting any election.

 

                39A.                Dormant file  - The Registrar shall create a dormant file showing the particulars of those persons whose names have been removed from the roll for the constituency or Individual Voters as a result of the latest revision of the roll under section 18A of this Act.

 

                39AA.                Removal of names from dormant file by Registrar - (1) The Registrar shall remove from the dormant file:

 

(a)                 The name of any person who registers as an elector after the revision of the roll under section 18A of this Act has been completed;

 

(b)                 The name of every person of whose identity by Registrar is satisfied and whose death has been notified to him in writing.

 

(i)            By any Registrar of Births and Deaths; or

 

(ii)           By the spouse, father, mother, brother, sister or child of the deceased provided that the person so advising the Registrar is at least 18 years of age.

 

                (2)                Notwithstanding subsection (1) of this section, the Registrar shall keep, for the purpose of the next election to be held in the constituency or for Individual Voters to which the dormant file relates, a copy of the dormant file as first created.  (3)             Where more that one revision of the roll takes place under section 18A of this Act between 2 successive elections in a constituency or for Individual Voters, the Registrar shall keep, for the purposes of the later of these 2 elections, copies of each of the dormant files as first created.

 

                38AB.                Computer compiled list of names on dormant file   -   (1)  The Registrar shall from time to time cause to be printed a computer compiled list showing the names and other particulars of the persons whose particulars are held in any document file.  (2)   Copies of each computer compiled list printed pursuant to subsection (1) of this section shall be kept by the Registrar for the purposes of the next election to be held in the constituency or for Individual Voters to which the file relates.

 

                39AC.                Purposes of dormant file and computer compiled lists of names on dormant file  -  Each dormant file and each computer compiled list printed pursuant to section 39AB (1) of this Act may be used for the purpose of determining whether any persons is qualified, under section 16 of this Act, to vote at any election held in the constituency or for Individual Voters to which the file or list relates.

 

                39AD.                Inspection of computer compiled list of names on dormant file  -  (1)  A copy of the most recent computer compiled list printed pursuant to section 39A of this Act for a constituency or for Individual Voters shall be kept for inspection by the public at the office of the Registrar.  (2)   Any person may inspect at the Registrar’s office without payment at any time between 9.00am and 4.00pm on any day on which the office is open for the transaction of business any computer compiled list that is kept for inspection by the public at the Registrar’s office.   (3)   The Registrar may, at the request of any person, make any computer compiled list printed pursuant to section 36B of this Act available for public inspection, under the supervision of any Deputy Registrar if the Registrar is satisfied that a large number of persons are likely to attend the meeting.   (4)  Where a list is made available for public inspection under subsection (3) of this section, that list shall be made available at such times and places as the Registrar thinks fit.   (5)   In the case of a computer compiled list, neither the power of inspection conferred by subsection (2) of this section nor the power to inspect the list when it is made available for public inspection under subsection (4) of this section includes the power to copy the list.