Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Constituencies are delimited for elections purposes on the basis of population, some islands being more densely populated than others.
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Electoral Act (2004), Part II, Art.6
Verified: 2014/06/09
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries
Comments: Constituencies are delimited for elections purposes on the basis of population, some islands being more densely populated than others.
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/04
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber)
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/04
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
f . Inherited monarchy with a Governor appointed by the Monarch
Comments: Her Majesty the Queen in right of New Zealand shall be the Head of State of the Cook Islands. There shall be a representative of Her Majesty the Queen in the Cook Islands, to be known as the High Commissioner of the Cook Islands and shall hold office for a period of three years
Source: Constitution, Art. 2-3
Verified: 2014/06/05
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Prime Minister shall he appointed as follows:
If the appointment is to be made while Parliament is in session, the Queen's Representative shall appoint as Prime Minister a member of Parliament who commands the confidence of a majority of the members of Parliament.
If the appointment is to be made while Parliament is not in session, the Queen's Representative shall appoint as Prime Minister a member of Parliament who in the opinion of the Queen's Representative, acting in his discretion, is likely to command the confidence of a majority of the members of Parliament...
Source: Constitution, Art. 13
Verified: 2014/06/05
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
Source: Constitution, Art. 2-3
Verified: 2014/06/05
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The legislature consists of the House of Arikis and the Legislative Assembly (the Parliament).
Source: Constitution, Art. 8 & 27
Verified: 2014/06/05
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments:
Source: Constitution, Art. 27
Verified: 2014/06/05
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments: The Constitution mandates which positions in government will rely on an electoral system, however separate legislation governs the administration of elections and the electoral process.
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/04
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/04
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA) and Alistair Legge (PIANZEA), 2005.
Verified: 2012/06/04
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/04
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments:
Source: Elections Act 2004, Art. 3
http://www.paclii.org//cgi-bin/disp.pl/ck/legis/num_act/ea2004103/ea2004103.html?query=election
Verified: 2014/06/05
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department
Comments: The Secretary of Justice shall provide the Electoral Office with appropriate office space, adequate furniture, fixtures and relevant logistical support.
Source: Electoral Law: Electoral Act 2004, Art. 3(2)
Verified: 2014/06/05
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department
Comments:
Source: Electoral Law: Electoral Act 2004, Art. 3(2)
Verified: 2014/06/05
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
a . For the election period only
Comments: The Chief Electoral Officer shall, in the event of any election, appoint the following electoral officials:
(a) a Returning Officer for each constituency, who shall be in charge of the election in the constituency for which he or she is appointed;
(b) a substitute for any Returning Officer to act in the case of the illness, absence, resignation, death, or removal of that officer.
Source: Electoral Law: Electoral Act, Art. 5
Verified: 2014/06/05
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments: There shall be an Electoral Office commissioned by the Minister, within the Ministry of Justice for the purpose of administering every election under this Act.
Source: Electoral Law: Electoral Ace 2004, Art. 3
Verified: 2014/06/05
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
e . Not applicable
Comments: There shall from time to time be appointed by Order in Executive Council a Chief Electoral Officer, stationed in Rarotonga, who shall be charged with the duty of carrying the provisions of the Electoral Act into effect. The Chief Electoral Officer shall appoint a Deputy Chief Electoral Officer, and in the event of any election, appoint the following electoral officials:
(a) a Returning Officer for each constituency, who shall be in charge of the election in the constituency for which he or she is appointed;
(b) a substitute for any Returning Officer to act in the case of the illness, absence, resignation, death, or removal of that officer.
With the approval of the Chief Electoral Officer, every Returning Officer may appoint as many Presiding Officers and Poll Clerks or substitutes as he or she deems necessary for the effective taking of the poll at every polling booth.
Source: Electoral Law: Electoral Act, Art. 4, 4(2), 5(1), 5(5)
Verified: 2014/06/09
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments: The only requirement: Except for Scrutineers, no election official shall hold any official position in connection with any political organization.
Source: Electoral Law: Electoral Act, Art. 5(6)
Verified: 2014/06/05
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
j . Not Applicable
Comments:
Source: Electoral Law: Electoral Act, Art. 4, 4(2), 5(1), 5(5)
Verified: 2014/06/05
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
h . Yes, conducted by NGOs/ Civic Organizations
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: 18 years of age on the date of the election
Source: Electoral Law: Electoral Act 2004, art. 7(c)
Verified: 2014/06/05
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence d . Naturalization
Comments: A person shall be qualified to be an elector for the election of a Member of Parliament for any constituency other than the Overseas Constituency, if, and only if:
(a) He is a Commonwealth citizen, or he has the status of a permanent resident of the Cook Islands as defined by Act; and
(b) He has been resident in the Cook Islands throughout the period of three months immediately preceding his application for enrolment as an elector and has not subsequently qualified as an elector under subclause (2) of this Article; and (c) He has at some period actually resided continuously in the Cook Islands for not less than 12 months.
Qualifications for registration of electors - (1) A person shall be qualified to be registered as an elector of a constituency if that person -
(a) is a Cook Islander or a New Zealander citizen, or has the status of a permanent resident of the Cook Islands;
(b) has at some period actually resided continuously in the Cook Islands for not less than 12 months;
(c) is 18 years of age or over;
(d) has been actually resident in the Cook Islands throughout the period of 3 months immediately residing that person's application for enrolment as an elector;
(e) has not been convicted of any corrupt practice or any offence punishable by death, or imprisonment for a term of 1 year or more unless in each case that person has received a free pardon or has undergone the sentence or punishment to which that person was adjudged;
(f) is not of unsound mind.
Source: Constitution: Constitution of the Cook Islands, Art. 28
Electoral Act (2004), Art. 7
Verified: 2014/06/05
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
e . Other
Comments: There shall be commissioned by the Minister, an Electoral Registration Office within the Ministry of Justice for the purpose of administering this Part of this Act. The Secretary of Justice shall provide the office with appropriate office space, adequate furniture, fixtures and relevant logistical support.
Source: Electoral Law: Electoral Act 2004, Art. 10
Verified: 2014/06/05
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Every person qualified to be registered as an elector for any constituency shall make application to any Registrar for registration as an elector:
(a) within one month after the date on which he or she first becomes qualified to be registered as an elector; or
(b) within one month after the date on which, following a change in his or her place of actual residence from one constituency to another, he or she first becomes qualified to be registered as an elector of that other constituency.
Any person who knowingly and willfully fails to register shall be liable on conviction to a fine not exceeding $100 on a first conviction, and to a fine not exceeding $200 on any subsequent conviction:
Source: Electoral Law: Electoral At 2004, Art. 13(1) & 13(4)
Verified: 2014/06/05
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount)
Comments: a) Nomination paper shall be signed by the nominee, who shall be a qualified person pursuant to the electoral act 2004 to be so nominated and at least two registered electors of the constituency for which the nomination is made and the signature of the president at the time of that political party.
b) Deposit requirement $500.00 and must be paid no later than noon on the nominating day.
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Electoral Act (2004), Art. 31
Verified: 2014/06/05
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship f . Registration j . Other
Comments: A person shall not be qualified to be a candidate at an election of members of Parliament if:
(a) He is not an elector duly enrolled pursuant to the provisions of an Act of Parliament; or
(b) He has been adjudicated bankrupt within the meaning of the bankruptcy laws in force in the Cook Islands (whether before or after the commencement of this Article), unless he has obtained an order of discharge; or
(c) He has been convicted (whether before or after the commencement of this Article) of any of the offences specified in Part I of the Second Schedule to this Constitution; or
(d) He has been convicted (whether before or after the commencement of this Article) of any of the offences specified in Part II of the Second Schedule to this Constitution, unless a period of 5 years has elapsed from the date of his conviction.
Qualifications and disqualifications of candidates
(a) every person enrolled as an elector of any constituency shall be capable of being elected as a member for that constituency or for any other constituency;
(b) in the case of any by- election of any constituency, a person shall be capable of being elected as a member for that constituency if that person was enrolled as an elector on the roll of any constituency at the preceding general election , and at the time of nomination still possesses the qualifications to be enrolled as an elector.
Source: Constitution: Constitution of the Cooks Islands, Art. 28B
Electoral Act (2004), Art. 8
Verified: 2014/06/05
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Without limiting the generality of subsection (1), regulations may be prescribed
(a) defining the election campaign period during which receipts and expenditure shall be accountable;
(b) prohibiting or limiting the receipt by political parties and candidates of funds for election campaign purposes from persons who are not qualified as electors, or from any body corporate or partnership the majority of shares or ownership interests in which are beneficially owned and controlled by persons who are not qualified as electors;
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Elections Act (2004), Art. 106
Verified: 2014/06/05
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: On completion of the scrutiny of rolls under section 76, the Returning Officer, with such assistance as he or she deems necessary, and in the presence of such persons so authorised to attend the scrutiny and choose to be present, shall open all the parcels of voting papers used at the election other than the envelope mentioned in subsection (8) of section 76, and setting aside all informal voting papers, shall ascertain and report to the Chief Electoral Officer the total number of votes received by each candidate at the election .
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Electoral Act (2004), Art.77
Verified: 2014/06/05
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
b . Always recounted
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
h . No information available
Comments: No free broadcast time or free printed advertisement is allocated to political parties.
The power of the Minister under sub-section (1) shall not include the power to require the Corporation or a licensee to transmit any programme or other matter that is promoting or opposing -
(a) a candidate in an election;
(b) a particular point of view in relation to an issue or matter that is being submitted to the electorate.
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Broadcasting Act (1989), Art. 42(4)
Verified: 2014/06/05
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Verified: 2012/06/05
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2014/06/05
Direct Democracy
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
c . No information available
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service – Ministry of Justice
Verified: 2015/11/06
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
c . No information available
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service – Ministry of Justice
Verified: 2015/11/06
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
c . No information available
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service – Ministry of Justice
Verified: 2015/11/06
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
c . No information available
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service – Ministry of Justice
Verified: 2015/11/06
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district e . At mobile polling stations f . By mail
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Electoral Act (2004), Art. 42 & 65
Verified: 2014/06/30
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation)
Comments: b.) The voter becomes ineligible to vote if she/he is absent for more four years for reasons other than study, medical referral or diplomatic duty.
Source: Constitution: Constitution of the Cook Islands, Art. 28(2)
Electoral Act (2004), Art.65
Verified: 2014/06/30
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
e . By mail
Comments:
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Electoral Act (2004), Art.65
Verified: 2014/06/30
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
Electoral Act (2004) Section D
Verified: 2014/06/30
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