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LAWS OF FIJI

RETURN TO LAWS

BACK

CHAPTER 4


ELECTORAL ACT 1998
_____

ARRANGEMENT OF SECTIONS
Part I—PRELIMINARY

SECTION

1. Short title and commencement
2. Interpretation
3. Appointment of election officers
4. Powers of Supervisor

Part 2—CONSTITUENCY BOUNDARIES

5. Naming of constituencies
6. Submissions
7. Proposed boundaries and objections
8 Determinations

Part 3—REGISTRATION OF VOTERS

9. Residence in Fiji Islands
10. Living in constituency
11. Compulsory registration
12. Applications for registration
13. Applicants resident overseas
14. Physically disabled persons
15. Declarations
16. Changes of address
17 Effect of failure to notify change of address
18 Effect of registration
Part 4—ELECTORAL ROLLS

19. Electoral rolls
20. Form of rolls
21. Preparation of rolls
22. Objections
23. Settling objections
24. Review of decision of registration officer on objection
25 Publication of rolls
26 Revision of rolls
27 Notice of deletions from roll
28 Date for close of rolls
29 Habitation visits
30 Rolls after change of boundaries
31 Rolls if the House dissolved after change of boundaries and before new rolls completed
32 Main roll to be printed
33 Supplementary rolls to be printed
34 Form of main roll and supplementary rolls
35 Statistical subdivision of rolls
36 Inspection and purchase of main and supplementary rolls
37 Habitation indexes
38 Supply of electoral information on disk
39 Register for returning officer

Part 5—CONDUCT OF ELECTIONS
Division I— Writs

40 Writs
41 Speaker to act on vacancy
42 Writs when life of Parliament extended
43 Writs when Parliament prorogued or dissolved
44 Requirements for writs
45 Notification of writ
Division 2—Nominations
46 Nomination day
47 Candidates must be nominated
48 Persons not eligible to be nominated
49 Forfeiture of deposits of candidates making multiple nominations
50 Receipt of nominations
51 Deposits and petitions of support
52 Nominations to be displayed
53 Withdrawal of candidate
54 Objections to nominations
55 Proceedings after objections
Division 3—Preparations for poll
56 Notice of poll
57 Voting by ballot
58. Names on ballot papers
59. Symbols on ballot papers
60. Verification of party endorsement
61. Listing of preferences
62. Death of candidate after nomination
63. Disqualification of candidate after nomination
64. No nomination
65. Return or forfeiture of deposits
66. Presiding officers and clerks
67. Facilities at polling stations
68. Polling agents
Division 4 —The poll
 69. Times for polling
70. Ballot boxes to be shown empty before poll starts
71. When and where voters entitled to vote
72. Questions to be put to voter
73. Voting procedure
74. Number of votes
75. Marking of votes
76. Tendered ballot papers
77. Spoiled ballot papers
78. Illiterate or incapacitated voters
79. Adjournment of poll
80. Persons not to remain in polling stations
81. Participation by candidates in conduct of poll prohibited
82. Participation by polling agents
83. Presiding officers to maintain order
84. Communication with voters in polling station prohibited
85. Ballot paper account
86. Sealing of ballot boxes and papers after the poll
87. Prevention of irregularities as to ballot papers
        88. Compulsory voting
Division 5—Voting by post
 89. Interpretation
90. Application for registration as postal voter
91. Register of postal voters
92. Registration as postal voter
93 Limitation on effect of registration
94 Review of Register of Postal Voters
95 Cancellation of registration
96 Dispatch of electoral materials to registered postal voters
97 Applications for postal ballot
98 Postal ballot papers
99 Form of postal ballot papers
100 Postal voting
101 Persons authorised to witness postal ballots overseas
102 Postal ballot officers
103 Method of postal voting for voters illiterate in English
104 Registers of voters to be noted
105 Late postal ballot papers
106 Verification of postal ballot papers
107 Finality of decision on postal ballot papers
Division 6—The count
108 Count officers
109 Counting agents
110 Appointment for the count
111 Who may be present at the count
112 Verification of ballot paper accounts
113 Counting the votes
114 Counting to proceed continuously
115 Counterfoils and tendered ballot papers not to be opened
116 Invalid ballot papers
117 Action on objections to ballot papers
118 Returning officer's decision final
119 Declaration of result of poll
120 Supervisor to be informed
121 Returning officer's report
122 Documents to be sent to Supervisor
123 Return of writ
124 Special procedure for counting votes

Part 6— ELECTORAL OFFENCES

125 Accomplices
126 Offences in connection with registration
127 Offences in connection with forms, etc
128 Offences in relation to electoral information
129 Offences in relation to ballot papers
130 Bribery
131 Undue influence
132 Personation
133 Heading to electoral advertisements in newspapers
134 Printing and publishing of electoral advertisements, notices, etc
135 Badges or emblems in polling stations
136 Campaigning prohibited during poll
137 Power to remove statements, etc
138 Disobeying lawful directions, etc
139 Breaches of official duty
140 Disqualification

Part 7—COURT OF DISPUTED RETURNS

141 Interpretation
142 Filing of petition
143 Respondent to petition
144 Requisites of petition
145 Deposit as security for costs
146 Petition by Attorney-General
147 No proceedings unless requirements complied with
148 Powers of Court
149 Evidence that person not permitted to vote
150 Irregularities not to invalidate election
151 Voiding election for illegal practices, etc
152 Finding of illegal practices no bar to prosecution
153 Disposal of petition
154 Effect of decision
155 Copies of petition and order of Court to be sent to House, Attorney-General, etc
156 Costs
157 Costs payable by persons proved guilty of illegal practices
158 Deposit applicable for costs
159 Withdrawal of petitions
160 Rules of Court

Part 8—MISCELLANEOUS

161. Power to destroy records
162. Extension of time for election
163. Electoral Decree 1991 repealed
164. Regulations

SCHEDULE

Form of ballot paper
[20TH April 1998]


AN ACT TO ENABLE PROVISION TO BE MADE FOR THE REGISTRATION OF VOTERS AND ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES

[ENACTED by the Parliament of Fiji]
(Act No.18 of 1998)
Part I—PRELIMINARY
Short title and commencement
1.—(1) This Act may be cited as the Electoral Act 1998.
(2) This Act commences on a date appointed by the Minister and published in the
Gazette.
Interpretation
2.—(1) In this Act, unless the contrary intention appears—
  1. "approved form" means a form approved by the Commission or by the Supervisor;
  2. "candidate" means a person who is nominated as a candidate for election as a
  3. member of the House of Representatives;
  4. "clerk" means a person appointed under section 66(5) or section 108(1)(a) as the case may be;
  5. "Commission" means the Electoral Commission continued in existence by section 78 of the Constitution;
  6. "communal electoral roll" means the Fijian electoral roll, the Indian electoral roll, the Rotuman electoral roll or the general electoral roll;
  7. "communal seat" and "open seat" have the same meaning as in section 52(4) of the Constitution;
  8. "constituency" means a constituency for the election of a member as determined by the Constituency Boundaries Commission under section 52 or 53 of the Constitution;
  9. "Constituency Boundaries Commission" means the Constituency Boundaries Commission continued in existence by section 75 of the Constitution;
  10. "counting centre" means a place appointed for the counting of votes in an election under section 110(2);
  11. "counting day" means a day appointed for the counting of votes in an electionunder section 110(2);
  12. "Court" means the High Court acting as the Court of Disputed Returns under section 73 of the Constitution;
  13. "election" means an election of a member of the House of Representatives either to a communal seat or to an open seat;
  14. "election officer" means the Supervisor, the Deputy Supervisor, the Assistant Supervisor, a registration officer, a registration clerk, a returning officer, a
  15. presiding officer, a postal ballot officer, an enumerator or any other clerk or person who is appointed to assist an election officer;
  16. "electoral matter" means matter that is intended or likely to affect voting in an
  17. election;
  18. "electoral roll" in respect of a constituency, means the electoral roll for that constituency created by the Supervisor under Part 4 and includes the main electoral roll and every supplementary electoral roll for the constituency;
  19. "enrolled" in respect of a person who is a registered voter, means the person's name has been placed on an electoral roll pursuant to section 21(1);
  20. "enumerator" means a person who conducts visits to homes in a constituency under section 29;
  21. "Fijian electoral roll" means the electoral roll referred to in section 5 l(l)(a)(i) of the Constitution;
  22. "general election" means a general election of the members of the House of Representatives;
  23. “general electoral roll" means the electoral roll referred to in section 5l(l)(a)(iv) of the Constitution;
  24. "habitation index" means an index compiled under section 37;
  25. "illiterate or incapacitated voters list" means the list compiled under section 78(2);
  26. "Indian electoral roll" means the electoral roll referred to in section 51(l)(a)(ii) of the Constitution;
  27. "issuing point" in relation to a polling station, means a place in the polling station at which ballot papers are issued to persons voting at the station;
  28. of post-roll close deletions" means the list compiled under section 26(3);
  29. of post-roll close registrants" means the list compiled under section 6(4);
  30. "list of preferences" means a list of the candidates in an election, lodged under
    section 61, and showing an order of preference;
  31. "lives" in relation to a place, means the place where a person can normally be found at night or, if the person works at night, the place where he or she normally sleeps;
  32. "main electoral roll" means a main electoral roll printed under section 32(1);
  33. "nomination day" in relation to an election, means the day appointed in the writ for the nomination of candidates for the election under section 44(2)(c),
  34. "objection" means an objection made under section 22(2);
  35. electoral roll" means the electoral roll referred to in section 51(1 )(b) of the Constitution;
  36. I ballot paper" and "Part II ballot paper" have the meaning ascribed to them by section 57(4) and (5) respectively;
  37. "place of living" means the place at which a person lives;
  38. "place of nomination" in relation to an election, means the place appointed in the writ for the receipt of nominations of candidates for the election under section 44(2)(c);
  39. "polling agent" means a person appointed under section 68(1);
  40. "polling day" in relation to an election, means—
  41. the day appointed in the writ for the polling to take place in that election if a poll is required; or
  42. if the writ appoints dates between which the polling may take place, each day appointed by the returning officer under section 56(2)(e);
  43. "polling station" means a building, structure, vehicle, vessel or enclosure, or a part
  44. of a building, structure, vehicle, vessel or enclosure, established at a place,
  45. pursuant to section 56(2)(d), for the purpose of taking votes during polling;
  46. "postal ballot officer" means a person appointed under section 102;
  47. "presiding officer" means, subject to section 66(6), any person performing the
  48. duties of a presiding officer at a polling station or at an issuing point at a
  49. polling station under this Act;
  50. "qualified person" means a person who has a right to be registered as a voter under section 55 of the Constitution, and in relation to a communal electoral roll means a person who has a right to be registered on that roll under section 55(3), (4), (5) or (6) as the case may be;
  51. "register of voters" in relation to a constituency, means the register of voters for the constituency referred to in section 39;
  52. "registered officer" in relation to a registered political party, means the person specified under the Electoral (Registration of Political Parties) Regulations 1991 as the registered officer of the party;
  53. "registered political party" means a political party registered on the Register of Political Parties;
  54. "registered voter" means a qualified person who was registered as a voter under the Electoral Decree 1991 immediately before the commencement of this Act, or who is registered as a voter under this Act;
  55. "Register of Political Parties" means the Register of Political Parties established under the Electoral (Registration of Political Parties) Regulations 1991 ;
  56. "registration clerk" means a person appointed as such under section 3(8);
  57. "registration officer" means a person appointed as a registration officer under section 3(1) and any other person performing the functions of a registration officer under this Act;
  58. "regulations" means regulations made under section 164;
  59. "returning officer" means a person appointed as a returning officer for a constituency under section 3(1) and any other person performing the functions of a returning officer under this Act;
  60. "roll" means a main or supplementary electoral roll;
  61. number" means the roll number of a voter as provided for by section 34(5);
  62. "Rotuman electoral roll" means the electoral roll referred to in section 51 (l)(a)(iii) of the Constitution;
  63. "serial number" means the number assigned to a person under section 12(2);
  64. "session" in relation to the Parliament, has the same meaning as in the Constitution;
  65. "Supervisor" means the Supervisor of Elections;
  66. "supplementary electoral roll" means a supplementary electoral roll printed under section 33(1);
  67. "tendered ballot paper" means a ballot paper referred to in section 76(1);.
  68. "tendered vote list" means the list compiled under section 76(3);
  69. "type" in relation to a constituency means the type of seat, whether communal or open, for which the election in that constituency will be held;
  70. "voter" means a person who exercises or seeks to exercise his or her right to vote in an election;
  71. "witnessing officer" means:
  72. a returning officer, assistant returning officer or postal ballot officer;
  73. any person before whom a statutory declaration may be made, other than a member of Parliament or a candidate;
  74. any other person whom the Supervisor authorises, in writing, to witness the marking of a postal ballot paper; or
  75. in the case of a postal ballot paper that is marked overseas—a person referred to in section 101;
  76. "writ" means a writ issued for the election of a member or members of the House of Representatives under section 60(1) of the Constitution;
  77. day" in relation to an election in a constituency, means the day of the issue of the writ for that election.
  78. For the purposes of this Act—
    (a) 2 or more terms of imprisonment that are required to be served consecutively are to be regarded as a single term of imprisonment for the aggregate period of those terms; and
    (b)
    account is not to be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.
  79. Where under this Act public notice is required to be given of any matter, either in a newspaper or by broadcast, it must be published or broadcast, as the case may be, in English, Fijian and Hindustani.
Appointment of election officers
3.—(1) The Supervisor must appoint for each constituency—
(a) a registration officer;
(b) an assistant registration officer;
(c) a returning officer; and
(d) an assistant returning officer.
(2) The Supervisor may, in making appointments under subsection (1)—
(a) appoint more than one registration officer for a constituency; and
  1. appoint a person to be a registration officer or returning officer for more than one constituency, in which case the Supervisor must appoint an assistant registration officer or an assistant returning officer as the case may be for each constituency concerned.
(3) An assistant registration officer for a constituency may exercise all the powers and perform all the duties and functions of the registration officer for the constituency and, subject to subsection (4), an assistant returning officer for a constituency may exercise all the powers and perform all the duties and functions of the returning officer for that constituency.
(4) An assistant returning officer—
  1. is not a proper returning officer for purposes of section 40(1); and
  2. must not exercise any power or perform any function of a returning officer under section 50,52 or 54 or under Division 6 of Part 5 unless the returning officer is unavoidably prevented from exercising the power or performing the function.
(5) Where a returning officer has been appointed returning officer for more than one constituency under subsection (2)(b), the limitation set out in subsection (4)(h) does not apply.
(6) The Supervisor must appoint persons overseas to whom applications for registration as voters may be made overseas (in this section referred to as "overseas registration officers".)
(7) An overseas registration officer may exercise all the powers and perform all the duties and functions of a registration officer in respect of applications for registration as a voter and other applications under Part 3 made overseas.
(8) Registration officers may appoint such registration clerks to assist them as they consider necessary and as the Supervisor approves.
(9) Every person appointed under this section must, before taking up office, make a declaration in the approved form.
(10) Public notice must be given in the Gazette of all appointments made under this section.
Powers of Supervisor
4. Subject to this Act, the Supervisor—
  1. may issue to election officers such instructions as the Supervisor from time to time considers necessary to ensure the effective execution of their duties;
  2. may correct any error, omission or duplication on any application, electoral roll or other document made or issued under this Act which appears to have been made inadvertently;
  3. (c) must take all reasonable steps to encourage all qualified persons to become registered on the appropriate electoral rolls.

PART 2—CONSTITUENCY BOUNDARIES
Naming of constituencies
5. Whenever the Constituency Boundaries Commission determines the boundaries of a constituency under section 52 or 53 of the Constitution, the Constituency Boundaries Commission shall determine a name for the constituency.
Submissions
6.—(1) Whenever the Constituency Boundaries Commission proposes to make a
determination of a boundary under section 52 or 53 of the Constitution or of a name under section 5 of this Act, it must, by notice published in the Gazette, in a daily newspaper and by radio broadcast, invite submissions from political parties, members of the House of Representatives and any other person or body wishing to make a submission to it.
(2) The invitation for submissions must specify a period of not less than 60 days for the making of submissions.
Proposed boundaries and objections
7.—(1) When, following the receipt of any submissions under section 6, the Constituency Boundaries Commission proposes to determine a boundary and name of a constituency, it must publish in the Gazette and in a daily newspaper a notice specifying—
(a) the places where members of the public may inspect, without charge:
  1. (i) a map or maps showing the provisional boundary and name of the constituency; and
  2. (ii) a summary, in respect of each constituency, of the reasons for the provisional boundary and name; and
  3. the last day on which the Constituency Boundaries Commission will receive written objections to the provisional boundary and name.
(2) If any objections are received under subsection (1), the Constituency Boundaries Commission must publish in the Gazette and in a daily newspaper a notice:
(a) specifying the places where the objections are available for public
        inspection; and
  1. specifying the last day on which the Constituency Boundaries Commission will receive written counter-objections to those objections, being not less than 21 days after the date of publication of the notice.
(3) Public notice of the publication of notices under subsections (1) and (2) must also be given by radio broadcast.
Determinations
8.—(1) After considering any objection and counter-objection lodged under section 7, the Constituency Boundaries Commission must by order determine the boundary and name of every constituency.
(2) A determination under subsection (1) shall be published in the Gazette and in a daily newspaper.
(3) The boundaries and names determined under subsection (1) shall be the boundaries and names of the constituencies for the purpose of the next general election following the commencement of this Act, and those boundaries and names continue until the next determination by the Constituency Boundaries Commission under this Part.
(4) The Constituency Boundaries Commission must forward to the Supervisor and to the Speaker of the House of Representatives a copy of every determination made by it under this Part.
(5) The first determination of boundaries of constituencies made by the Constituency Boundaries Commission after the enactment of the Constitution Amendment Act 1997, whenever made, is deemed to have been made in accordance with this Part.
Part 3—REGISTRATION OF VOTERS
Residence in Fiji Islands
9.—(1) For the purposes of section 55(l)(c) or (7) of the Constitution (which require a person to be resident in the Fiji Islands for 2 years) the following reasons for absence are prescribed—
    1. service of the State in a civil or military capacity;
    2. service with an international organisation of which the State is a member;
    3. duties performed outside the Fiji Islands for an employer carrying on business in the Fiji Islands;
  1. the undergoing of education or training overseas;
    1. temporary absence on holiday or for medical treatment or for any other purpose if such absence does not constitute a change of residence.
(2) For the purposes of this Act, a person who is absent from the Fiji Islands for reasons prescribed in subsection (1) is to be taken as having been resident in the Fiji Islands for the period of absence.
(3) A dependent of a person absent from the Fiji Islands for reasons prescribed in subsection (1) who resided with the person during his or her absence is also to be taken as having been resident in the Fiji Islands for the period of that absence.
Living in constituency
10.—(1) A qualified person is entitled to be enrolled as a voter for a particular constituency of either type if he or she—
(a) lives in the constituency; and
    1. has lived there for a period of 3 months immediately before enrolment.
(2) A qualified person who is not entitled to be enrolled for any constituency of a particular type under subsection (1) is entitled to be enrolled as a voter for the constituency of that type in which he or she last lived for at least 3 months.
(3) A qualified person who is not entitled to be enrolled for any constituency of a particular type under subsection (1) or (2) is entitled to be enrolled as a voter for the constituency of that type in which either of his or her parents last lived for at least 3 months.
Compulsory registration
11.—(1) Every qualified person must apply in accordance with this Part for registration as a voter—
(a) on one of the communal electoral rolls; and
(b) on the open electoral roll.
(2) The time within which a qualified person must apply for registration as a voter is—
    1. if he or she was a qualified person immediately before the commencement of this Act—by such date as the Supervisor appoints by notice published in the Gazette;
    2. if he or she becomes a qualified person on or after the commencement of this Act—within 6 months after the date on which he or she becomes a qualified person;
    3. if he or she becomes a qualified person by virtue of attaining the age of 21—by the writ day in the first election after attaining that age in which he or she would be eligible to vote under this Act.
(3) Subject to this section, a qualified person who fails to apply for registration in accordance with this Part and by the relevant date specified in subsection (2) commits an offence and is liable on conviction to a fine of $50.
(4) A person who has been convicted of an offence under subsection (2) who fails within 30 days after such conviction to apply for registration as a voter in accordance with this Part commits a further offence and is liable on conviction to a fine of $500 or to imprisonment for I month.
(5) It is a defence to a prosecution for an offence under subsection (2) if the defendant proves that he or she had a reasonable excuse for not applying for registration as a voter within 6 months from the date on which he or she became a Qualified person.
(6) A person who has reached the age of 20, and who would be a qualified person
if aged 21, may apply in accordance with this Part for registration as a voter, and upon reaching the age of 21 he or she will be registered as a voter without any further application.
(7) At least once a year, the Supervisor must publish a notice in a daily newspaper, and broadcast a notice over the radio, calling upon every qualified person who is not already registered as a voter to apply for registration.
Applications for registration
12.—(1) An application for registration as a voter (in this section referred to as "an application") must be made to a registration officer on the approved form and must state—
    1. the applicant's full name (in the order specified in the form), current place of living, occupation (if any), date of birth and sex;
  1. the applicant's postal address, if different from his or her place ofliving;
  2. on which one of the communal electoral rolls the applicant applies to be
  3. enrolled (in addition to the open electoral roll);
  4. such other particulars as are specified in the form.
(2) The application form given to a person applying under subsection (1) must have a unique identifying number assigned by or on behalf of the Supervisor which, upon the registration of the person as a voter—
    1. must be entered on the appropriate electoral roll or rolls together with the other particulars of the person; and
      1. (b) is the serial number for the person until a new serial number is entered under this section or is otherwise assigned to the person by the Supervisor.
(3) Subject to section 14, every person making an application under this Part must sign his or her name or, if he or she is illiterate, place on the application his or her mark and the thumbprint of his. or her left thumb in ink.
(4) A person who is illiterate and does not have a left thumb must place on the application—
  1. his or her mark and the thumbprint of his or her right thumb in ink; or
    1. if he or she does not have a right thumb, his or her mark and the print in ink of any of his or her fingers.
(5) An application must contain a declaration, made before a person prescribed under section 15, that the particulars in the application are true.
(6) An application must be signed and dated by the person before whom the declaration required under subsection (5) is made and must be forwarded by the applicant
to the Supervisor or a registration officer, either directly or through an election officer.
(7) The Supervisor or a registration officer may reject an application that is not completed in accordance with this section.
Applicants resident overseas
13.—(1) An applicant for registration as a voter to whom section 9 applies must
attach to his or her application a declaration made before a person prescribed under section 15 that he or she intends to resume residence in the Fiji Islands immediately after section 9 ceases to apply to him or her.
(2) Nothing in this section prevents the Supervisor from requiring from any applicant to whom section 9 applies such other evidence of eligibility to be registered as a voter as the Supervisor thinks fit.
(3) The Supervisor or a registration officer may reject an application that is not completed in accordance with this section.
Physically disabled persons
14.—(1) If a person making an application for registration as a voter is physically disabled, an application may be signed on his or her behalf—
      1. by a person who has received a power of attorney from the applicant and who states on the application that the applicant is physically disabled; or
      2. by a voter who signs by direction of the applicant and who states on the application—
    1. that the applicant is physically disabled; and
    2. that the application is signed at the direction of the applicant.
  1. A person who, under this section, signs an application on behalf of the applicant must make and attach to the application a statutory declaration—
  2. that the applicant is physically disabled; and
  3. that the application is being signed—
    1. under a power of attorney from the applicant; or
    2. at the direction of the applicant.
  4. For the purposes of this section, a person is physically disabled if, and only if, he or she is, because of a physical disability, incapable of complying with section 12(3) or (4).
Declarations
15. The Commission may prescribe the persons before whom declarations under section 12(5) or section 13(1) may be made, and may prescribe different persons in respect of declarations made in or outside the Fiji Islands.
Changes of address
16.—(1) A registered voter who changes his or her place of living—
(a) within a constituency of a particular type; or
    1. from one constituency of a particular type to another constituency of that type, must within 3 months after the change, notify the Supervisor in the approved form of the address of his or her new place of living.
(2) A person who fails to notify the Supervisor as required by subsection (1)(u) or (h) commits an offence and is liable on conviction to a fine of $50.
Effect of failure to notify change of address
17.—(1) A registered voter who is enrolled in respect of a constituency of a particular type who has changed the address of his or her place of living in that constituency is not disqualified from voting at an election in that constituency by reason only that he or she has not given notice of the change of address as required by section 16(1).
(2) A registered voter enrolled in respect of a constituency of a particular type who has changed the address of his or her place of living to another constituency of that type is not disqualified from voting at an election in the first-mentioned constituency by reason only that he or she has not given notice of the change of address as required by section 16(1)b.
(3) Subsection (2) applies for a period of 6 months from the date when the registered voter changed the address of his or her place of living, after which the voter cannot vote in the first-mentioned constituency.
Effect of registration
18.—(1) A qualified person who has applied in accordance with this Part for registration as a voter on—
(a) one of the communal electoral rolls; and
(b) the open electoral roll,
and whose application has not been rejected, becomes a registered voter from the date his or her name is placed on those electoral rolls under section 21(1).
(2) A person who—
    1. has a right to be registered on more than one of the communal electoral rolls; and
    2. has been registered on one of those rolls in respect of any constituency, may not transfer to another of those rolls until the expiration of 6 years from the date of such registration.
(3) The Commission may make regulations relating to the manner and timing of an application to transfer to another communal electoral roll pursuant to section 55 of the Constitution.
Part 4—ELECTORAL ROLLS
Electoral rolls
19.—(1) The Supervisor may create a separate electoral roll for each constituency.
(2) In creating separate electoral rolls under subsection (1), the Supervisor must ensure that those rolls, if placed together, would constitute for the Fiji Islands the 5 electoral rolls referred to in section 51(1) of the Constitution.
(3) Where separate electoral rolls have been created under this section, a reference
in this Act to an electoral roll for a constituency means the electoral roll so created for that constituency.
Form of rolls
20. Each electoral roll must include—
    1. the full name, sex, place of living and occupation of every registered voter who lives in the constituency to which it relates; and
  1. the serial number allotted to each registered voter.
Preparation of rolls
21.—(1) Subject to this Act, the name of every person from whom an application for registration as a voter is received in the approved form and who appears qualified to be so registered must be placed on—
(a) the appropriate communal electoral roll; and
(b) the open electoral roll, for the constituency in which the applicant lives.
(2) A registration officer may make such enquiries as are necessary to satisfy himself or herself that an applicant for registration as a voter is qualified to be registered before forwarding the application to the Supervisor.
(3) Before placing any person's name on an electoral roll, the Supervisor may make such enquiries as are necessary to satisfy himself or herself—
    1. in respect of any electoral roll, that the person is qualified to be registered;
  1. in respect of a communal electoral roll, that the person has a right to be
  2. registered on it in accordance with section 55(3), (4), (5), (6) or (6A) of
  3. Constitution, as the case may be.
Objections
22.—(1) A copy of the electoral roll created for each constituency must be open for inspection at all reasonable hours at the office of the registration officer for that constituency and at such other places as the Supervisor specifies.
(2) A person whose name appears on an electoral roll may make an objection to the inclusion of the name of any other person on that roll .
(3) An objection must be in writing and must—
    1. identify the full name as it appears on the electoral roll, together with the place of living, occupation, sex, serial number and roll number of—
      1. the person making the objection (in this Part referred to as "the objector"); and
      2. the registered voter concerned (in this Part referred to as "the voter");
  1. set out the grounds of the objection;
  2. set out the facts giving rise to the objection;
    1. contain a statutory declaration that the objector has made a conscientious effort to ascertain the truth of those facts and that they are true to the best of his or her knowledge and belief; and
  3. be delivered to the registration officer of the constituency in respect of
  4. which the voter is enrolled.
(4) On receiving an objection under this section, the registration officer must make such enquiries as he or she considers necessary.
(5) If—
  1. an objection does not comply with subsection (3); or
    1. the registration officer considers that an objection is frivolous, the registration officer must, subject to subsection (6), dismiss it and advise the objector in writing accordingly.
(6) A registration officer must not dismiss an objection solely on the ground that it
does not comply with paragraph (3)(a) if he or she is satisfied as to the identity of the objector and the voter.
(7) If an objection is not dismissed under subsection (5), the registration officer must send a notice by registered post or by personal service requiring the voter to answer the objection and must state the time within which the voter must answer the objection either in person or in writing.
(8) If the voter does not answer the objection within the time allowed, the registration officer must proceed to deal with the objection and may either dismiss or uphold it.
(9) If an objection is upheld, the registration officer must in writing notify the voter and the objector and his or her name must be removed from the relevant electoral roll and, if the objection is upheld in the period between the date fixed for the close of the rolls and polling day, the name of the voter must be removed from the register and entered on the list of post-roll close deletions.
(10) If an objection is dismissed, the registration officer must in writing notify the objector and the voter.
Settling objections
23. The registration officer must either uphold or dismiss an objection within 14 days after the objection is delivered and must immediately thereafter forward to the Supervisor particulars of the objection staling whether it has been upheld or dismissed, and giving reasons in each case.
Review of decision of registration officer on objection
24. —(1) If the objector or the voter is dissatisfied with the decision of the registration officer on an objection, the objector or voter may, within 14 days of the date of the decision or within such further period as the Commission (either before or after the expiration of that period) allows, apply in writing to the Commission for a review of the decision.
(2) An application for review under subsection (1) (in this section referred to as "an application") must give reasons for the application.
(3) Upon receipt of an application, the Commission must give written notice of it to the registration officer and to whichever of the objector or the voter is not the applicant for review.
(4) Within 14 days of the receipt of an application, the Commission must review the decision in question and must make a decision in writing—
(a) affirming the decision; or
(b) setting aside the decision and making a decision in substitution for it.
(5) The Commission must give written notice of its decision to the objector, the voter and the registration officer.
(6) If the effect of the decision of the Commission under subsection (4) is to uphold the objection, the name of the voter will remain removed from the relevant electoral roll and, if the registration objected to was in the period between the date fixed for the close of the rolls and polling day, the name of the voter will remain on the list of post-roll close deletions.
(7) If the effect of the decision of the Commission under subsection (4) is to dismiss the objection, the name of the voter must, if it was removed from the relevant electoral roll as a result of the objection, be reinstated on the relevant electoral roll and, if the decision of the Commission is made in the period between writ day and polling day, the name of the voter must be entered on the list of post-roll close registrants.
(8) In the exercise of its powers under this section, the Commission may inquire into any matter relevant to the objection and may require from the objector or the voter concerned such evidence relating to the objection as it thinks fit.
Publication of rolls
25.—(1) The Supervisor must, at least once in each year, publish the electoral roll
for each constituency.
(2) The Supervisor may publish the electoral rolls in the form of main rolls and supplementary rolls.
Revision of rolls
26.—(1) In addition to any other powers of alteration conferred by this Act or the
Regulations, the Supervisor may revise the electoral roll for any constituency by—
    1. correcting any mistake or omission in the particulars of the registration of a person;
  1. amending the roll, on the application of a person who is a registered voter,
    1. to record a change in the person's name, place of living, postal address or occupation, or any other particulars contained on the roll in respect of the
  2. person;
      1. (c) removing the name of any person whose application for registration has not been signed or marked or is not accompanied by a declaration in accordance with section 12(5) or 13(1);
    1. removing from the roll the name of any person whom the Supervisor has been notified pursuant to the Regulations or whom the Supervisor otherwise has good reason to believe—
  3. is dead;
      1. has not been resident in the Fiji Islands for 2 years (except for a reason prescribed in section 9);
  4. has ceased to be a citizen of the State;
      1. has been adjudged or otherwise declared to be of unsound mind under any law in force in the Fiji Islands;
      2. is under sentence of death or is serving a sentence of imprisonment of 12 months or more; or
  5. is otherwise disqualified from enrolment on that roll;
    1. removing from the roll the name of every person who, as a result of a change in his or her place of living, is living in, and is enrolled as a voter in, another constituency of the same type;
    2. in the case of a person to whom section 18(2) applies and who wishes to transfer to another communal roll, giving effect to the person's wishes, subject to section 18(2);
    3. removing a superfluous entry, if the name of the same person appears more than once on the roll;
    4. removing all entries relating to a particular person if the name of the person appears on more electoral rolls than the person is eligible to be enrolled on;
    5. removing the name of every person who, on an inquiry made at the last address or place of living for that parson of which the Supervisor was notified under this Act, cannot be found;
    6. removing the name of every person who has been disqualified from voting by an order of a court under this Act;
    7. reinstating the name of every person whose disqualification has expired or has been removed;
    8. reinstating any name removed by mistake, clerical error or false information, and
    9. if the name of a street or any other part of an address or place of living that appears on the roll is changed, substituting the changed name or other part of the address.
(2) Subject to this section, revisions of an electoral roll under subsection (1) may be made at any time.
(3) If the name of a person is removed from the electoral roll for any constituency in the period commencing on the date fixed for the close of the rolls and ending on the day before polling day, the Supervisor must, on removing the name, enter it on the list of post-roll close deletions for that constituency.
(4) If the name of a person is reinstated on an electoral roll in the period commencing on the date fixed for the close of the rolls and ending on the day before polling day, the Supervisor must, on reinstating that name, enter it on the list of post-roll close registrants for the constituency.
(5) Where the Supervisor takes action under subsection (3) or (4) in respect of the name of a person, he must take all reasonable steps to notify the person before the start of
polling in the relevant constituency.
(6) An alteration under this section must not be made to the electoral roll for a constituency in the period beginning on polling day and ending on the day after the day of the return of the writ in that constituency.
(7) If more than one polling day has been appointed in relation to an election, references in this section to a polling day are to be read as references to the first polling day so appointed.
Notice of deletions from roll
27.—(1) At least once every 12 months and within 7 days after the date fixed for the close of the electoral roll in a constituency under section 28, the Supervisor must, for the purpose of notifying persons whose names have been removed from the roll since the last notice was published under this section, publish in the Gazette and in a daily newspaper a notice listing the names of all such persons.
(2) A notice published under this section must list beneath the name of the constituency the name, address, occupation and serial number of each person whose name has beer removed from the relevant electoral roll.
(3) If the name of a person has been removed from the electoral roll for a constituency of a particular type but has been entered on the roll for another constituency of the same type, the Supervisor is not required to list that name in the notice under subsection (1).
Date for close of rolls
28. The date fixed for the close of the electoral roll for a constituency is 7 days after writ day in that constituency.
Habitation visits
29.—(1) For the purpose of compiling, maintaining or revising the electoral rolls, the Supervisor may appoint one or more enumerators to conduct in any constituency a visit to homes in that constituency.
(2) An enumerator may ask a person at or in a home such questions as are necessary to obtain any of the particulars required for a purpose specified in subsection (1).
(3) When an enumerator has visited a home under this section, he or she may affix to the home an adhesive label in an approved form signifying that the home has been visited
(4) While conducting a visit to a home under this section, an enumerator must carry a card or other document in an approved form identifying him or her as an enumerator.
(5) A person is not required to provide any information to a person who purports to be an enumerator unless that person first produces for scrutiny the identification referred to in subsection (4).
Rolls after change of boundaries
30.—(1) When the gazetting of a determination under section 8 alters the boundaries of any constituency of either type, the Supervisor must—
  1. (a) decide, on the basis of the then existing electoral rolls relating to that and adjacent constituencies of the same type, which voters on each roll are entitled to be enrolled in respect of each constituency to which the determination relates: and
(b) compile for each constituency to which the determination relates a list of persons who appear to be entitled to be enrolled in that constituency (in this section referred to as the "compiled list").
(2) For the purposes of the printing of the main and supplementary electoral rolls,
each compiled list is, if the Supervisor so directs, the electoral roll for the constituency to
which it relates.
(3) If the Supervisor gives a direction under subsection (2), the electoral roll concerned, subject to any revision made to it, comes into force on the dissolution of the then existing House of Representatives.
(4) The compiled list must, in respect of each constituency, be compiled immediately before—
    1. the next succeeding revision of the electoral roll under section 26 in respect of that constituency; or
    2. if the Supervisor gives a direction under subsection (2), the printing of the main electoral roll in respect of that constituency, whichever is the earlier.
  1. If a compiled list is, under subsection (2), the electoral roll for the constituency to which it relates, any qualified person whose name has been—
  2. included on the compiled list; or
  3. excluded from the compiled list,
  4. apply in writing to the Supervisor to have his or her name excluded from or included on the compiled list, as the case may be.
  5. The Supervisor may require from a person applying under subsection (5) such evidence in support of the application as the Supervisor sees fit.
  6. Every electoral roll to which subsection (3) applies continues in force, subject to any revision made to it, until a new roll for the constituency to which it relates is compiled and comes into force.
  7. The Supervisor must keep every electoral roll to which subsection (3) applies up to date by making such additions, alterations and deletions as become necessary.

Rolls if the House dissolved after change of boundaries
and before new rolls completed
31.—(1) If the House of Representatives is dissolved in the period between the gazetting of a determination under section 8 and the completion of the compiled list under section 30(l)(b), the Supervisor must comply with section 30(1)(a) and (b), and each list so compiled is the electoral roll for the constituency to which it relates.
(2) An electoral roll established under subsection (1) continues in force, subject to any revisions, until a new roll for the constituency to which it relates is printed and comes
into force.
(3) The Supervisor must keep every electoral roll established under subsection (1) up to date by making all such additions, alterations and deletions as become necessary.
Main roll to be printed
32.—(1) The Supervisor may, from time to time, cause to be printed a main electoral roll for a constituency of either type.
(2) The main electoral roll must contain a list of all persons whose names are on the electoral roll for the constituency to which it relates on the date the Supervisor fixes for the closing of that roll.
(3) The date fixed under subsection (2) must be specified by notice published in the Gazette and a daily newspaper and broadcast over the radio.
(4) Subject to sections 30 and 31, every main electoral roll printed for a constituency is, upon its publication, the main electoral roll for the constituency until a new main roll is printed and published or otherwise comes into force.
Supplementary rolls to be printed
33.—(1) The Supervisor may, from time to time, cause to be printed one or more supplementary electoral rolls for a constituency of either type.
(2) The supplementary electoral roll for a constituency must contain a list of all qualified persons—
(a) who have applied to be registered as voters;
(b) who live in that constituency; but
(c) whose names do not appear on the main roll or any existing supplementary
        roll for that constituency.
(3) Subject to sections 30 and 31, every supplementary electoral roll for a constituency is, upon its publication, a supplementary electoral roll for that constituency until a new main roll is published or otherwise comes into force.
Form of main roll and supplementary rolls
34.—(1) Subject to this section, every main or supplementary electoral roll for a constituency must show the full names, address, occupation (if any), sex and serial number of each voter in that constituency, arranged alphabetically in order of last names.
(2) If a person is registered on an Indian electoral roll, his or her name must appear with the first name printed before the last name (if any), and the alphabetical order of his or her name in relation to the names of other voters must be determined accordingly.
(3) The names on each page of the main electoral roll and of every supplementary roll for a constituency must be numbered consecutively, beginning with the number 1 in the case of the first name on each page.
(4) The pages of every main or supplementary electoral roll printed for a constituency must be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of that constituency, whether main or supplementary.
(5) The serial number allotted to a voter in accordance with this Act, preceded by the number of the page of the main or supplementary roll on which his or her name appears, is deemed to be his or her roll number.
(6) A main or supplementary roll may contain, in addition to the matters referred to in subsections (1) and (2), such other particulars as the Commission, from time to time,
determines.
Statistical subdivision of rolls
35.—(1) The Commission may by regulations require the Supervisor to divide the main or supplementary electoral roll for any constituency into such statistical subdivisions as the Commission approves.
(2) Any electoral roll subdivided under subsection (1) must be available for public
inspection at the office of the Supervisor, without payment, at any time when the office is open for business between 9.00am and 4.00pm.
(3) Any person may, on paying a prescribed fee, obtain copies of an electoral roll subdivided under subsection (1).
Inspection and purchase of main and supplementary rolls
36.—(1) Copies of the main or supplementary electoral roll for a constituency must be kept for public inspection at the offices of the Supervisor and of the registration officer for the constituency and at such other convenient places within the constituency as the Supervisor or the Commission specifies.
(2) Any person may, without payment, inspect the main and supplementary electoral rolls for a constituency at the office of the registration officer for the constituency, or at a place specified under subsection (1), at any time between 9.00am and 4.00pm on any day on which the office or place is open for business.
(3) Any person may, without payment, inspect at the Supervisors office at any time between 9.00am and 4.00pm on any day on which the office is open for business—
        (a) the main and supplementary electoral rolls for a constituency;
    1. the most recent computer-compiled list held by the Supervisor showing the names and particulars of every person who has applied for registration as a voter, who lives in that constituency but whose name does not appeal on the main electoral roll or a supplementary electoral roll;
  1. the list of post-roll close deletions in that constituency;
  2. the list of post-roll close registrants in that constituency;
  3. his or her own application for registration as a voter.
  4. (a) The right to inspect under subsection (3) in respect of a constituency applies to the application for registration as a voter, any other application or any declaration made by a person—
    1. whose name is on the electoral roll for that constituency; or
      1. who has applied to be registered as a voter pursuant to subsection 11(6), but who is not yet able to be registered as a voter.
        (b) Paragraph (a) only applies if—
    1. the person whose application or declaration is to be inspected consents to such inspection; or
    2. the Supervisor is satisfied that the application to inspect the application or declaration is prompted by a genuine and propel interest.
(5) The Supervisor or the registration officer for a constituency may, upon the written request of not less than 10 voters in that constituency, make available for public inspection, under the supervision of an election officer, at a public meeting in the constituency—
  1. the main and supplementary electoral rolls for the constituency; and
    1. the most recent computer-compiled list of voters in the constituency referred to in subsection (3)(b).
(6) The entitlement to inspect a computer-compiled list under this section does not
include an entitlement to copy the list.
(7) If a person is entitled to inspect an application or declaration under this section the Supervisor or a registration officer must produce it for inspection not later than 2 working days after the request to inspect is made.
(8) A person may, on paying the prescribed fee, obtain copies of the main and supplementary electoral rolls for any constituency.
Habitation indexes
37.—(1) The Commission may by regulation require the Supervisor to compile, in respect of any constituency, an index—
    1. listing, in accordance with the addresses of their places of living, the persons who are on the electoral roll for that constituency; and
    2. showing, against the address and name of each person, the occupation, sex and serial number of the person.
(2) Where a habitation index is compiled under this section copies of the index in respect of a constituency must be kept for inspection by the public at the office of the registration officer for the constituency and at such other convenient places within the constituency as the Supervisor may direct.
(3) A person may, on paying the prescribed fee, obtain a copy of an index compiled under this section.
Supply of electoral information on disk
38. If a person in writing requests the Commission to supply a copy of a habitation index or of an electoral roll held on computer tape, disk or diskette, the Commission may, if it holds the material in the requested form and if it is satisfied that the material is required for a purpose related to an election or poll or for the purposes of study or research, supply the material in the requested form upon payment to the Commission of the prescribed fee.
Register for returning officer
39.—(1) The Supervisor must supply to the returning officer for each constituency in which an election is being held, at least one day before the polling day or the first polling day, as the case may be, in that constituency, as many copies as the returning officer requires of the register of voters for that constituency, as described in this section.
(2) The register of voters for a constituency comprises—
    1. the main electoral roll and every supplementary roll for the constituency or, if any such roll has not been printed, a list of the names and particulars that, if the roll had been printed, would have appeared on it;
    2. a list showing the name and date of birth of every person enrolled in the constituency as shown on that person's application form;
  1. a copy of the list of post-roll close deletions for the constituency; and
  2. a copy of the list of post-roll close registrants for the constituency.
(3) If a person whose name appears on the register of voters for a constituency is not entitled to be enrolled in the constituency because—
    1. he or she secured enrolment pursuant to an application in which he or she made a false statement or declaration; or
  1. an objection to his or her registration as a voter has been upheld,
  2. returning officer for the constituency, upon receipt of a certificate from the Supervisor setting out the facts, must, before the close of polling, delete, or cause to be deleted, the name of that person from the register.
(4) An alteration of a register of voters under this Act or the Regulations must not
obliterate the original entry, and the reason for the alteration and the date of the alteration
must be annotated against the alteration, together with the initials of the Supervisor or the
returning officer for the constituency or of the person who made the alteration on behalf of the Supervisor or the returning officer, as the case may be.

Part 5—CONDUCT OF ELECTIONS
Division I—Writs
Writs
40.—(1) The President, acting in accordance with section 60(1) of the Constitution, must issue writs to the proper returning officers in every election.
(2) In a general election, if a person is appointed as returning officer for more than one constituency, a writ may relate to all the constituencies for which he or she is returning officer.
Speaker to act on vacancy
41.—(1) If it appears to the Speaker of the House of Representatives that a member's place has become vacant, the Speaker must publish in the Gazette a notice of the vacancy and of the cause of the vacancy and forward a copy to the President.
(2) If the vacancy arises from death or resignation, the President must, subject to section 63 of the Constitution and to subsections (4) and (5) of this section, issue a writ to
fill the vacancy.
(3) If the vacancy arises from a cause other than death or resignation, then, as soon as practicable after the end of 14 days from the date of publication of the notice required by subsection (1), the Speaker must, in writing, advise the President of the fact and the President must, subject to section 63 of the Constitution and to subsections (4) and (5) of this section, issue a writ to fill the vacancy.
(4) If an election petition has been presented against the election or return of a member under section 73 of the Constitution, a writ must not be issued for a by-election to fill the place of the member unless the Court determines that the member was not duly elected or returned.
(5) If an application is made to the Court pursuant to section 73(l)(b) of the Constitution in respect of a member whose place is alleged to have become vacant, a writ
must not be issued for a by-election to fill the alleged vacancy unless the Court determines that a vacancy does exist.
Writs when life of Parliament extended
42. If, after the issue of writs for a general election but before the first polling day in the election, the term of the House of Representatives is extended under section 188(4) of the Constitution, the election has failed and the returning officers must deal with the writs as required by section 62.
Writs when Parliament prorogued or dissolved
43. If after the issue of a writ for a by-election but before the declaration of the
election of a member pursuant to the writ the President issues a proclamation—
(a)         proroguing the Parliament and declaring that the House of Representatives
        will be dissolved with effect from a date specified in the proclamation; or
(b) dissolving the House of Representatives with immediate effect;
the election has failed and the returning officer must deal with the writ as required by section 62.
Requirements for writs
44.—(1) The President must forward every writ to the Supervisor for transmission to the returning officer to whom it is addressed and the Supervisor must publish a copy in the Gazette.
(2) Every writ must be in the approved form and must—
    1. specify that one member is to be returned for the constituency, or each of the constituencies, to which it relates at the election;
  1. specify the date on or before which the writ is returnable to the President;
    1. specify the date on which, and the place at which, the returning officer is to receive nominations of candidates for the election; and
  2. specify the date on which, or the dates between which, the poll will be held
  3. if the election is contested.
(3) Writs for a general election must—
  1. be issued on the same day; and
  2. specify the same nomination day,
        in respect of every constituency.
(4) When a writ specifies dates between which the poll may be held, it must require the returning officer to appoint a date or dates within that period upon which the poll will be held and must permit the returning officer to appoint different dates and different times for different polling stations.
Notification of writ
45.—(1) The Supervisor must, upon receipt of a writ, initial it and mark on it the date of receipt.
(2) The Supervisor may cause notice of the writ to be sent by facsimile transmission to the returning officer to whom the writ is addressed informing the returning officer in respect of each constituency to which it relates of—
(a) the nomination day;
(b) the place of nomination; and
(c) the polling day or the dates between which the poll may be held.
Division 2—Nominations
Nomination day
46.—(1) The Supervisor must, upon receipt of a writ for an election in any constituency, publish in the Gazette and in a daily newspaper a notice in the approved form of—
(a) the nomination day; and
(b) the place of nomination,
        in respect of the constituency.
(2) A notice under subsection (1) must specify a period of 7 hours between the hours of 8.00am and 4.00pm that is appointed for the receipt of nominations.
Candidates must be nominated
47. A person is not eligible to be elected as a member for any constituency unless duly nominated as a candidate in the election.
Persons not eligible to be nominated
48.—(1) A person is not eligible to be nominated as a candidate unless he or she is a registered voter, and a person who has been disqualified from voting by an order of a
court under section 140(1) shall for this purpose be regarded as not registered to vote.
(2) A person is not eligible to be nominated as a candidate for election pursuant to
section 51(1)(a)(i) of the Constitution unless he or she is registered on the Fijian electoral roll.
(3) A person is not eligible to be nominated as a candidate for election pursuant to
section 51(1)(a)(ii) of the Constitution unless he or she is registered on the Indian electoral roll.
(4) A person is not eligible to be nominated as a candidate for election pursuant to
section 51(l)(a)(iii) of the Constitution unless he or she is registered on the Rotuman electoral roll.
(5) A person is not eligible to be nominated as a candidate for election pursuant to section 5l(l)(a)(iv) of the Constitution unless he or she is registered on the general electoral roll.
Forfeiture of deposits of candidates making multiple nomination
  • If ¾
     (a) a deposit is required by section 5l(l)(a) and accompanies a nomination; and
    (b) the nomination is invalid under section 58(5) of the Constitution, the deposit is forfeited and must be paid into the Consolidated Fund.
    Receipt of nominations
    50.—(1) On the nomination day in a constituency, the returning officer must attend at the place of nomination during the 7 hours between the hours of 8.00am and 4.00pm specified by the Supervisor under section 46(2).
    (2) A candidate must be nominated in writing on one nomination paper in the approved form and the nomination must be signed by—
      1. not less than 7 persons entitled to vote in the constituency for which the candidate seeks election (in this section called "proposers"); or
      2. the registered officer of the registered political party by which the candidate has been endorsed for that election.
    (3) If a person (other than the registered officer of a registered political party) signs the nomination paper of more than one candidate in the same constituency, the signature is not valid for the second or later nomination delivered in accordance with subsection (8).
    (4) A nomination is not valid unless the candidate indicates his or her consent by
    signing the nomination paper and making a declaration on the nomination paper that—
    1. to the best of his or her knowledge and belief, he or she is qualified under the Constitution and the other laws of the Fiji Islands to be elected as a member for the constituency to which the nomination relates; and
    2. he or she is not, and does not intend to be, a candidate in any other election the poll for which is to be held on the same day or between the same dates as the election to which the nomination relates.
            (5) The nomination paper must set out—
    (a) the full name;
    (b) the address of the place of living;
    (c) the occupation; and
    (d) the roll number,
            of the candidate and, if subsection (2)(a) applies, of each proposer.
    (6) In the nomination paper, the candidate must specify—
    (a) an office or place within the constituency; or
    (b) an office or place within 25 kilometres of the place of nomination,
            as his or her address for service.
    (7) Delivery at the office or place specified under subsection (6) of any notice, claim, writ of summons, electoral petition or other document addressed to the candidate is deemed to be service on the candidate of the document.
    (8) The nomination paper must be delivered to the returning officer for the constituency by the candidate, or by a person appointed by the candidate in writing, at the place of nomination and during the time appointed for receiving nominations in that constituency.
    (9) A nomination must not be rejected because of any formal defect or error in the
    nomination if the returning officer to whom the nomination paper is delivered is satisfied
    that this section has been substantially complied with.
    Deposits and petitions of support
    51.—(1) A nomination is not valid unless it is accompanied by—
    (a)         $500 in legal tender or a banker's cheque; or
    (b)         a certificate of the Supervisor that the candidate has given him or her a
            petition of demonstrated support in accordance with this section.
    (2) A petition of demonstrated support must be in the approved form.
    (3) A petition of demonstrated support—
    1. must be received by the Supervisor at least 10 days before nomination day; and
    (b)         must contain signatures of voters who are enrolled in the constituency in
            which the candidate proposes to stand numbering not less than—
    1. in the case of a constituency for which a poll has not previously been
    2. held—such number as is prescribed; and
    3. in any other case—250, or 5% of the number of valid ballot papers
    4. counted in the last preceding election in the constituency, whichever
    5. is less.
    (4) A certificate given by the Supervisor under this section is valid only for the election to which it relates.
    (5) A person who signs a petition of demonstrated support under this section is free to vote in the election for candidates in any order of preference.
    Nominations to be displayed
    52. The returning officer for a constituency must, if satisfied that a nomination complies with the requirements of sections 50 and 51, cause a copy of the nomination paper to be prominently displayed at the place of nomination in the constituency.
    Withdrawal of candidate
    53. A candidate may withdraw his or her candidature by giving notice in writing to the returning officer for the constituency before 2.30pm on the day following nomination day, after which a candidate may not withdraw his or her candidature.
    Objections to nominations
    54.—(1) Subject to this section, a person registered to vote in a constituency may
    object to the nomination of any candidate for that constituency as not eligible to be nominated on the ground—
    (a)         that the candidate is not qualified to be nominated; or
    (b)         that the nomination paper of the candidate does not comply with the
            requirements of this Part.
    (2) An objection under subsection (1) (in this section referred to as ''an objection")
    must be in writing and must—
    (a)         set out the full name as it appears on the electoral roll, the address and the
            roll number of the person objecting;
    (b)         set out the ground or grounds of the objection;
    (c)         set out the facts giving rise to the ground or grounds of objection; and
    (d)         contain a statutory declaration that the objector has made a conscientious;
            effort to ascertain the truth of those facts and that they are true to the best
            of his or her knowledge.
    (3) An objection must be delivered by the person objecting, in person to the returning officer for the constituency, between the hours of 9.00am and 1.00pm or 2.00pm and 4.00pm on the day following nomination day in the constituency.
    (4) If the ground for objection to the nomination of a candidate is solely that the nomination paper of the candidate does not comply with the requirements of this Act, the returning officer for the constituency must straightaway decide on its validity, and for that purpose may ask the candidate whose nomination is objected to any relevant question.
    (5) Every candidate must attend at the place of nomination during the hours specific in subsection (3) or must inform the returning officer for the constituency of the telephone number or facsimile number at which he or she can be contacted during those hours.
    (6) If an objection of the kind described in subsection (4) is made against a candidate who is not in attendance, the returning officer for the constituency must proceed to deal with the objection and may decide it as he or she sees fit.
    (7) A decision by a returning officer under subsection (4) or (6) is final and can only be questioned in proceedings on an election petition under Part 7.
    (8) If the objection to the nomination of a candidate is on the ground, or includes the ground, that the candidate is not qualified to be nominated, the returning officer for the constituency must notify the Supervisor straightaway, and the Supervisor must arrange for the Commission to make a decision on the objection as soon as possible.
    (9) Any challenge to a decision by the Commission under subsection (8) must be deal with by the Court on an election petition under Part 7.
    Proceedings after objections
    55.—(1) If in any constituency after the expiry of the time provided for the withdrawal of candidature under section 53 and after the returning officer for that constituency has decided any objection under section 54(4) or (6), one candidate only remains nominated, the returning officer must—
    (a) declare the candidate to be duly elected;
    (b) endorse on the writ the name of the person so elected; and
    (c) forward the writ to the Supervisor.
    (2) If the election in any constituency is contested, the returning officer for that constituency must transmit by facsimile transmission or other expeditious means to the Supervisor—
    (a)         the names of the candidates in the order in which their names should be
            printed in the ballot papers; and
    (b)         the number of ballot papers required for the election,
    and must confirm the information by letter.
    Division 3—Preparations for poll
    Notice of poll
    56.—(1) If an election for a constituency is contested, the returning officer for the
    constituency must, as soon as practicable, give notice of the poll in the Gazette, in the newspapers and on the radio.
    (2) The notice given under subsection (1) must contain the following information—
    1. particulars of the candidates as described in their respective nomination papers, with the last name ( if any) of each candidate appearing before the first name;
    2. the name or names of the person or persons who nominated each candidate under section 50(2);
    3. the order in which the names of the candidates will be printed in the ballot paper;
    4. the place or places at which polling stations for the constituency will be established for the purpose of taking votes during polling; and
    5. the date or dates and hours between which the returning officer or an assistant returning officer or presiding officer will attend at the various polling stations to take votes.
    (3) Where the election is being held for more than one type of constituency, each
    polling station must be appointed to receive votes in both types of constituency.
    (4) A copy of the notice given under subsection (1) must, as soon as practicable, be exhibited at all post offices and court houses in the constituency to which it relates.
    (5) The order in which the names of the candidates in an election will be printed in the ballot paper is determined in accordance with section 58.
    Voting by ballot
    57. —(1) The votes in a poll must be taken by ballot and the ballot of each voter must consist of a paper prepared in accordance with this Act.
    (2) Following the receipt by the Supervisor of the names of the candidates who are duly nominated for election in a constituency, the Supervisor must cause to be printed a sufficient number of ballot papers for the ballot of each voter at the poll in that
    constituency.
    (3) Opposite each candidate's name on a ballot paper and opposite the name of each registered political party or independent candidate, if any, which or who has recorded a list of preferences, as provided for by section 61, a square must appear for the marking of votes by voters.
    (4) Where no registered political party or independent candidate has lodged a list of preferences in respect of a constituency, the ballot papers for that constituency must, so far as practicable, be in the form set out in Part I of the Schedule and will be known as "Part I Ballot Papers".
    (5) Where one or more registered political parties or independent candidates has lodged a list of preferences in respect of a constituency, the ballot papers for that constituency must, so far as practicable, be in the form set out in part II of the Schedule
    and will be known as "Part II Ballot Papers".
    (6) Ballot papers must be capable of being folded and must be bound in books with serially numbered counterfoils.
    (7) Subject to section 161, ballot papers must be kept at all times in safe custody.
    Nanes on ballot papers
    58.—(1) To determine the order in which names of candidates should appear on the ballot paper, the returning officer for the constituency must, immediately after the close of nominations, at the place of nomination and before all persons present at that place—
    1. prepare a list of the names in such order as the returning officer consider appropriate;
    (b)         read out the list;
    1. place a number of balls equal to the number of candidates, being balls of equal size and weight and each of which is marked with a different number, in a cylindrical container large enough to allow all the balls to move about freely when the container is rotated;
    2. rotate the container and permit any other person present who wishes to do so to rotate the container;
    (e)         cause a person who is blindfolded and has been blindfolded since before
    1. rotation of the container in accordance with paragraph (d) to take the balls, or cause the balls to come out of the container one by one and, as each ball is taken or comes out, pass it to another person who must call out the number on the ball;
    2. as each number is called out in accordance with paragraph (e) write the number opposite to the first name in the list prepared in accordance with paragraph (a) which does not have a number opposite to it;
    3. place all the balls back in the container and repeat the process described in paragraphs (d) and (e);
    4. prepare a list of the numbers called out in accordance with paragraph (e) in the order in which they were called out; and
    5. write on the list of numbers prepared under paragraph (h) opposite to each number the name set out opposite to that number under paragraph (f).
    (2) If 2 or more candidates have the same name, the names of those candidates may be identified by such description or addition as will distinguish them from one another.
    (3) A reference in paragraph (1)(e) to another person is a reference to an election
    officer, other than the returning officer for the constituency;
    (4) The only personal names which may appear on ballot papers are those of candidates, or any other name used to distinguish 2 candidates with the same name, as provided for by subsection (2).
    (5) An identification of a candidate, such as occupation, title, honour or degree, must not appear on a ballot paper.
    (6) Where a ballot paper for an election is a Part II ballot paper, the names of the
    registered political parties or independent candidates which or who have lodged a list of
    preferences in that election must appear in the same order as the symbols for each party
    or independent candidate appear pursuant to section 59 (2) (c).
    Symbols on ballot papers
    59.—(1) If a candidate is endorsed by a registered political party as described in
    section 60, the registered symbol of that party must be printed next to the name of the candidate on the ballot papers for use in the election.
    (2) If a candidate is not endorsed by a registered political party, the Supervisor must—
    1. ask the candidate to choose a symbol from a list of symbols supplied by the Supervisor;
    2. allot the candidate the symbol chosen by the candidate or, if that symbol is not available, a symbol allotted by the Supervisor, and inform the candidate, by registered post or in writing served personally upon the candidate, of the symbol allotted to him or her; and
    3. print the symbol adjacent to the name of the candidate on the ballot papers for use in the election.
    (3) The symbols used or allotted under this section must, as far as practicable, be printed on the ballot papers in uniform size for all candidates.
    (4) The Supervisor must as soon as possible after nomination day publish in the Gazette a list of the candidates in an election and their respective symbols.
    (5) In this section, "registered symbol", in relation to a registered political party, means the symbol of the party entered in the Register of Political Parties.
    Verification of party endorsement
    60.—(1) For the purposes of this Act, a person is taken to be endorsed as a candidate in an election by a registered political party—
    1. if the name of the candidate is included in a statement received by the Supervisor before 5.00pm on the day following the nomination day for the election which—
    2. is signed by the registered officer of the party; and
      1. sets out the names of the candidates who are endorsed by the party in the election; or
    3. if the Supervisor is satisfied, after making such inquiries as he or she thinks appropriate of the registered officer of the party or any other person, that the candidate is so endorsed.
    (2) If a person is endorsed as a candidate in an election by 2 or more registered political parties, the person is taken to be endorsed only by the party specified by the person in a written notice received by the Supervisor before 5.00 pm on the day following the nomination day for the election.
    Listing of party preferences
    61.—(1) A registered political party may, in respect of any constituency in which it has endorsed a candidate under section 60, lodge with the Supervisor a list of the candidates showing the order of preference in which the registered party would like to see
    the candidates placed by voters in that constituency.
    (2) An order of preference in respect of a constituency must be lodged with the Supervisor not more than 7 days after the close of nominations in that constituency.
    (3) An order of preference must be in writing and signed by—
    (a) the registered officer of the registered political party concerned; and
    (b) the Chairman or some other member of the executive body of the party.
    (4) An order of preference must include a certificate that the order was agreed in accordance with the rules of procedure of the party.
    (5) Where a list of candidates has been lodged in respect of a constituency in accordance with this section the Supervisor must—
      1. cause notice of the list to be published in a newspaper and broadcast over a radio station accessible in the constituency; and
    1. cause the list to be affixed to the outside of every polling station in the constituency at least 1 hour before the poll opens at that polling station.
    (6) If an order of preference in respect of a constituency has been lodged in accordance with this section, the ballot papers for that constituency must, so far as practicable, be in the form set out in Part II of the Schedule.
    (7) If no order of preference has been lodged in respect of a constituency, the ballot papers for that constituency must, so far as practicable, be in the form set out in Part I of the Schedule.
    (8) For purposes of this section, a candidate who has not been endorsed under section 60 (in this Act referred to as an "independent candidate") and who wishes to lodge an order of preference may do so as if he or she were a registered political party and this section, other than subsections (3) and (4), will apply to such a candidate.
    Death of candidate after nomination
    62.—(1) If, after a candidate in an election has been duly nominated and before the close of the poll on polling day or, if the writ specifies dates between which the poll is to be held, the last polling day, the candidate dies and the returning officer for the constituency is satisfied of the fact of death, the election has failed and the returning officer must—
      1. countermand the notice of the poll or, if polling has started, close the poll;
    1. report the death to the Supervisor;
      1. endorse on the writ the fact of death, the date and proof of the death and the date of the countermand of the notice of the poll; and
    2. return the writ so endorsed to the Supervisor.
    (2) If a writ is returned to the Supervisor under subsection (1), the presiding officer at each polling station in the constituency must take out all ballot papers placed in the ballot boxes, make them up into secure packages, and send them, together with all unused ballot papers, tendered ballot papers and the registers in use at the election, to the returning officer, who must forward them to the Supervisor, together with any postal ballot papers and applications for postal ballots relating to the election.
    (3) Upon the return to the Supervisor of a writ that has been endorsed under this section, the Supervisor must endorse on it the date of its receipt by him or her.
    (4) Where an election has failed in any constituency, a fresh writ must be issued forthwith for a new election in that constituency and, except as otherwise provided in this Act, proceedings in connection with the new election must be taken anew.
    (5) A new copy of the register that was to be used at an election that has failed must be used at the new election without any amendment or addition.
    (6) Where an election has failed, fresh nomination is not required of any candidate
    who was a duly nominated candidate for the failed election.
    (7) An appointment of a polling place made in respect of a failed election continues in respect of the new election unless the returning officer makes a different appointment.
    Disqualification of candidate after nomination
    63.—(1) If after a candidate in an election has been nominated and before polling day or the first polling day the Commission declares the candidate to be disqualified from election, the Commission may, if it considers it practicable, order the name of the candidate to be omitted from the ballot papers in the election.
    (2) If an order is made under subsection (1)—
      1. the Supervisor must cause to be printed a sufficient number of ballot papers for the poll with the name of the disqualified candidate omitted;
    1. any list of preferences lodged under section 61 becomes invalid.
    (3) If ballot papers including the name of a disqualified candidate have been printed before an order under subsection (1) is made, they must be made up into secure packages and sent to the Supervisor.
    (4) The returning officer must publish in the Gazette and a daily newspaper, and must broadcast over the radio, a notice of the order in which the names of the candidates will be printed on ballot papers as a result of an order under subsection (1).
    (5) A postal ballot paper that includes the name of the disqualified candidate and that has already been issued to a voter is not invalidated by an order made under subsection (1) and, if the voter's vote is marked on the ballot paper and it is otherwise valid, it must be included, in the count.
    (6) The order of preference of the voter that is marked on a ballot paper referred to in subsection (5) is, on the count, to be ascertained by disregarding the number marked against the disqualified candidate and, as necessary, by adjusting the numbers placed in the squares opposite the names of the other candidates in accordance with the order of preference so marked.
    No nomination
    64.—(1) If no candidate is duly nominated for an election, the election has failed.
    (2) If an election fails in the circumstances referred to in subsection (1), the returning officer for the constituency must—
    (a) endorse on the writ that the election has failed; and
    (b) return the writ to the Supervisor.
    (3) Section 62(3), (4), (5) and (7) apply in relation to an election that fails under this section in the same way as they apply to an election that fails under section 62(1).
    Return or forfeiture of deposits
    65.—(1) In this section, "candidate" means a candidate whose nomination was accompanied by a deposit.
    (2) If—
    (a)         a candidate dies before the polling day;
      1. a candidate is elected or would have been elected had he or she not died between the close of the poll and the declaration of the result of the poll; or
      2. a candidate is not elected but the number of votes polled in the candidate's favour as first preferences is at least 5 % of the total number of votes polled in favour of all the candidates in the election as first preferences, the amount deposited in respect of the candidate under section 5l(l)(a) must be returned, as soon as practicable, to the person by whom it was made or to his or her personal representative.
    (3) The amounts deposited in respect of all other candidates, including candidates who cease to be qualified to be nominated as candidates, are forfeited to the State and must be paid into the Consolidated Fund.
    Presiding officers and clerics
    66.—(1) The returning officer for a constituency must appoint a presiding officer to preside at each polling station in the constituency and, if a polling station has more than one issuing point, may appoint an assistant presiding officer for each issuing point.
    (2) Where an election is being held for more than one type of constituency, the same persons can be appointed as presiding officer and assistant or deputy presiding officer in respect of both types of constituency.
    (3) A person appointed as a presiding officer or assistant presiding officer under subsection (1) must—
      1. attend at the relevant polling station on the day or days and during the hours appointed for taking the poll at that station;
      2. subject to this Act, receive the votes of all persons whose names are on the register of voters for the constituency concerned and who appear and apply for a ballot paper.
    (4) The returning officer for a constituency may appoint a deputy presiding officer or deputy assistant presiding officer to perform the duties of a particular presiding officer or assistant presiding officer at a polling station in that constituency during the temporary
    absence of the presiding officer or assistant presiding officer.
    (5) The returning officer for a constituency may appoint as many clerks as the Supervisor approves to effectually conduct an election in that constituency.
    (6) A person must not be appointed under this section by a returning officer or by a presiding officer for any purpose connected with an election if that person has been employed by anyone other than an election officer in or about the election.
    (7) A deputy presiding officer or assistant residing officer may do any act that the presiding officer is authorised or required by or under this Act to do at a polling station or issuing point, respectively, other than ordering the arrest, exclusion or ejection from the polling station of any person.
    (8) An election officer appointed under this section must not begin to perform his or her duties unless he or she has signed a declaration in the approved form.
    Facilities at polling stations
    67.—(1) The returning officer for a constituency must ensure that each polling station in the constituency is provided with—
      1. polling booths with separate voting compartments and such other facilities as are necessary for carrying out the election;
      2. an appropriate number of ballot boxes of convenient size provided with a lock and key and so constructed that the ballot papers can be placed in them but cannot be taken out without the boxes being unlocked;
    1. a copy of the register of voters for each constituency concerned;
    2. materials for voters to mark the ballot papers; and
      1. written directions for the guidance of voters in a form approved by the Supervisor.
    (2) Where a polling station will be receiving votes in more than one type of constituency, there must be separate ballot boxes in the polling station for each type of constituency.
    (3) The voting compartments in a polling station must be so constructed and arranged that voters can mark their votes in private.
    (4) The directions to voters referred to in subsection (l)(e) must be in such language or languages as the Supervisor considers appropriate.
    Polling agents
    68.—(1) Each candidate in a constituency may appoint not more than 7 polling agents for each issuing point of each polling station receiving votes in that constituency and must notify the presiding officer in writing of any appointment before polling opens at the polling station.
    (2) A notice under subsection (1) must specify the names and addresses of the polling agents appointed for each issuing point.
    (3) A polling agent must, before being allowed to act, make a declaration in the approved form before the presiding officer.
    Division 4 —The poll
    Times for polling
    69.—(1) The poll at every polling station must take place on the day or days and during the hours appointed by the returning officer under section 56(2).
    (2) Unless otherwise specified in the notice under section 56(2)(e), the poll at every polling station must open at 7.30 am and must not close until all voters present in the polling station at 5.30 pm, and desiring to vote, have voted.
    (3) The doors of every polling station must be closed at the closing time specified under section 56(2)(e) and a person must not be admitted to a polling station after that time for the purpose of voting.
    (4) Despite subsections (2) and (3), the presiding officer at a polling station may at his discretion extend the closing time of the poll at that polling station for an aggregate period not exceeding two hours immediately after the closing time specified in the notice.
    Ballot boxes to be shown empty before poll starts
    70.—(1) The presiding officer at a polling station must, immediately before the start of the poll at that polling station—
      1. show each of the ballot boxes empty to the persons present at the polling station so that they may see that they are empty;
      2. lock up and seal each box in such a way as to prevent it being opened without breaking the seal; and
      3. place each ballot box within his or her view for the receipt of ballot papers.
    (2) Each ballot box, after being locked and sealed in accordance with subsection (1) must not be opened until the time designated for counting the votes under section 110(2).
    When and when voters entitled to vote
    71.—(1) On polling day in an election a person who is registered as a voter in a constituency is, subject to subsection (2), entitled to vote at any polling station which is receiving votes for that constituency.
    (2) Where an election is being held for more than one type of constituency, a person must vote at a polling station which is receiving votes for both the constituencies in which he or she is enrolled.
    (3) The register of voters supplied under section 39 for the purpose of an election in any constituency is conclusive evidence of the right of each person registered on the register to vote at the election unless the person—
      1. shows by his or her answers to the questions asked under section 72 that he or she is not entitled to vote;
    1. refuses to answer those questions; or
      1. at the time of presenting to vote has on a finger the indelible substance marked in the way directed by the Commission under subsection 72(6).
    (4)         The following matters do not warrant the rejection at a polling station or issuing point of a claim to vote if, in the opinion of the presiding officer, the voter is sufficiently identified in the register of voters supplied to that polling station—
    1. omission in the register of any first or last name, address, date of birth or occupation;
    2. entry of a wrong first or last name, address, date of birth or occupation;
    3. mistake in spelling of any first or last name, address, date of birth or occupation; or
    4. transposition of any first or last name, address, date of birth or occupation.
    (5) If a registered voter has since the compilation of the register of voters changed his or her name by marriage or deed poll, he or she is not disqualified from voting under the name appearing on the register.
    Questions to be put to voter
    72.—(1) At a polling station, the presiding officer or a clerk may ask each person attending before him or her and claiming to vote the following—
    (a)         What is your full name?
    (b)         Where do you live?
      1. Have you voted before in this election (or in these elections as the case may be)?
      2. Any other question which the presiding officer or clerk considers relevant.
    (2) If the person claiming to vote refuses to answer fully any of the questions set out in subsection (1) the person's claim to vote must be rejected unless he or she is physically disabled.
    (3) If the person claiming to vote answers the question set out in subsection (1)(c) in the affirmative, his or her claim to vote must be rejected.
    (4) If the presiding officer considers that one of the person's fingers is already marked with an indelible substance pursuant to subsection (6), his or her claim to vote must be rejected.
    (5) In all other circumstances the person's claim to vote must be accepted and he or she must be given I or 2 ballot papers, according to the type of election.
    (6) Each voter must, before being given a ballot paper or papers, have one finger marked with an indelible substance in the way the Commission directs.
    Voting procedure
    73.—(1) At the polling the presiding officer or a clerk must—
    (a)         call out the name of each voter as he or she is given a ballot paper;
      1. write the roll number of the voter on the counterfoil of the ballot paper;
      2. mark the back of the ballot paper with the initials of the presiding officer or clerk, or with an official mark to be used only for the election in progress;
    1. hand the ballot paper to the voter; and
      1. immediately make a mark against or through the name of the voter on the relevant register of voters, to denote that the voter has received a ballot paper.
    (2) The voter must—
      1. upon receipt of the ballot paper, retire to a compartment or place within the polling station;
      2. privately mark his or her vote on the paper in the way prescribed by section 75;
      3. fold up the paper so as to conceal his or her vote but so as to show the initials of the presiding officer or clerk or the official mark on the back of paper;
      4. show to the presiding officer or clerk the initials or mark on the back of the paper; and
      5. place the paper in a ballot box in the presence of the presiding officer.
    (3) The voter must vote without undue delay and must leave the polling station as soon as he or she has put the ballot paper in the ballot box.
    (4) Where the election is being held for more than one type of constituency, the procedure described in subsections (1), (2) and (3) applies in respect of each ballot paper
    handed to the voter and the paper for each type of constituency must be placed in a separate ballot box designated for that type of constituency.
    (5) Nothing in this section prevents the presiding officer or clerk from folding a ballot paper before handing it to the voter under subsection (1)(d).
    Number of votes
    74. Each voter is entitled to cast one vote in an election for each constituency in respect of which he or she is enrolled.
    Marking of votes
    75.—(1) If a ballot paper handed to a voter is a Part I ballot paper, the voter must mark his or her vote on the ballot paper by:
    1. writing the number 1 in the square opposite the name of the candidate for whom the voter votes as his or her first preference; and
    2. writing the numbers 2,3,4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of the voter's preference for them.
    (2) If a-ballot paper handed to a voter is a Part II ballot paper, the voter may mark his or her vote on the ballot paper:
    (a)         either in the manner described in subsection (1); or
    1. by placing a tick in one of the boxes which appear at the top of the ballot paper opposite the name of a registered political party or independent candidate,
    but, subject to section 116(3), may not do both.
    Tendered ballot papers
    76.—(1) If a person, representing himself or herself to be a particular voter named
    on the register of voters, applies for a ballot paper or papers after another person has voted as that voter, the applicant is, upon duly answering the questions set out in section 72, entitled to mark a ballot paper or papers in the same manner as any other voter, but—
    1. the ballot paper or papers (which will be known as''tendered ballot papers" ) must be of a different colour from the other ballot papers; and
    2. instead of being put into a ballot box, the paper or papers must be sealed by the voter in an envelope and given to the presiding officer who must place the envelope in a separate packet for each constituency.
    (2) Tendered ballot papers must not be counted under section 113 unless the Court so directs.
    (3) Where subsection (1) applies in respect of any voter at a polling station, the name of the voter and his or her roll number must be entered on the tendered vote list for that polling station.
    Spoiled ballot papers
    77.—(1) A voter who has inadvertently dealt with a ballot paper in such a way that it cannot be conveniently used as a ballot paper may, on giving it to the presiding officer and establishing the inadvertence to the satisfaction of that officer, get another ballot paper to replace it.
    (2) The spoiled ballot paper must be cancelled by the presiding officer by writing or stamping the word Cancelled across its face and initialling it.
    Illiterate or incapacitated voters
    78.—(1) If any voter at a polling station is illiterate or is incapacitated by blindness or other physical reason from voting in the manner prescribed by this Act, the presiding officer must, at the request of the voter made in the presence of the polling agents, if any, cause—
    1. he voter's vote or votes to be marked by a clerk in the presence of another clerk on a ballot paper or papers in the manner directed by the voter; and
    2. the ballot paper or papers so marked to be placed in the ballot box or boxes.
    (2) The name and roll number of every voter whose vote is marked under subsection (1) must be entered on the illiterate or incapacitated voters list for the polling station.
    (3) Nothing in this section entitles any polling agent to see or hear how a voter votes, unless the voter requests the assistance of a polling agent.
    Adjournment of poll
    79.—(1) If the polling at any polling station cannot start or has to be suspended because of—
    (a) riot or open violence, whether actual or imminent; or
    (b) storm, tempest, flood or other natural disaster,
    the presiding officer must adjourn the taking of the poll at that polling station to the following day, and if necessary from day to day until the poll can be taken, and must notify the returning officer accordingly.
    (2) The returning officer must give public notice of an adjournment under subsection (1) by radio and in any other way that, in his or her opinion, is desirable for the purpose of giving notice of the adjournment to those affected.
    (3) If the poll is adjourned at any polling station—
    (a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and
    (b) references in this Act to the close of the poll must be construed accordingly.
    Persons not to remain in polling stations
    80. Only the following persons not actually engaged in voting may remain in a polling station—
    (a)         the returning officer for the constituency;
    (b)         the assistant returning officers;
    1. the presiding officer and assistant presiding officers (if any) for the polling station;
    2. the deputy presiding officer and deputy assistant presiding officers (if any);
    (e)         the clerks;
    1. police officers on duty;
    2. one polling agent of each candidate for each issuing point at which ballot papers for the constituency are being issued;
    (h)         members of the Commission;
    (i)         the Supervisor;
    (j)         any person with the written permission of the Supervisor.
    Participation by candidates in conduct of poll prohibited
    81. A candidate in an election must not take part in the conduct of the poll in the election, other than to cast his or her own vote.
    Participation by polling agents
    82.—(1) The polling agents of the candidates in an election, if any, may sit where they are able to see each person who presents himself or herself as a voter in the election and hear the name as given by him or her, but must not be where they can see how a voter votes.
    (2) A polling agent who—
    1. interferes with or attempts to influence any voter within a polling station; or
    2. communicates with any voter in the polling station except so far as is necessary in the circumstances referred to in subsection 78(3), commits an offence and is liable on conviction to a fine of $1,000 and to imprisonment for 6 months.
    (3) A polling agent must not be prevented from entering or leaving a polling station during the polling and, during the absence of a polling agent, a relieving polling agent may act, but so that only one polling agent for each candidate is present at each issuing point at which ballot papers for the constituency are being issued in the polling station.
    (4) A person who is in a polling station in the capacity of a polling agent must—
    1. wear a badge or other form of identification, supplied by the presiding officer, identifying the person as a polling agent;
    (b) upon leaving the polling station, return it to the presidin