Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution
b . Separate legislation
c . Decree
Comments:
Source:
Constitution: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Political Parties (Registration, Conduct Funding, and Disclosures) Act of 2013
https://www.feo.org.fj/wp-content/uploads/2017/01/Political-Parties-Registration-ConductFunding-and-Disclosures-Act-2013-No-4-of-2013.pdf
Electoral (Registration of Voters) Act of 2012
https://www.feo.org.fj/wp-content/uploads/2016/02/Electoral-Registrationof-Voters-Act-2012-No-54-of-2012.pdf
Verified:
2018/04/18
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
There are 2 municipalities and 10 townships that have their own local governments, which is governed by a separate Local Government Act.
Source:
Electoral Decree No. 11 of 2014, art. 2: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified:
2018/04/18
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source:
Constitution, art. 23 (3): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified:
2018/04/18
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
b . EMB
Comments:
According to the Constitution, the Electoral Commission is responsible for the settlement of electoral disputes, including disputes relating to or arising
from nominations, but excluding election petitions and disputes subsequent to the declaration of election results.
The High Court/Court of Disputed Returns, on the other hand, has jurisdiction to hear and determine the validity of an election of a person as a member of Parliament.
Source:
Constitution, art. 66 (2), 75 (2-d): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 120-134: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified:
2018/04/18
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