Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: The members of Parliament are elected in a single countrywide constituency.
Source: Constitution, art. 53 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
h . Not applicable
Comments: The members of Parliament are elected from a national candidate list in a single countrywide constituency.
Source: Constitution, art. 53 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
h . Not applicable
Comments: The members of Parliament are elected from a national candidate list in a single countrywide constituency.
Source: Constitution, art. 53 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature
Comments: The executive authority of the State is vested in the President who is the Head of State. The President shall be appointed by Parliament. The Prime Minister and the leader of the Opposition shall nominate one candidate each to the Speaker of the Parliament. The person who receives the support of the majority of the members of the Parliament present shall be appointed as the President.
Source: Constitution, art. 81 (2), 84: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
d . Leader of the party which forms the government becomes Head of Government
Comments: The Prime Minister is the Head of Government. After a general election, the member elected to Parliament who is the leader of one political party which won more than 50% of the total number of seats assumes office as a Prime Minister.
Source: Constitution, art. 92 (1), 93 (2-3): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: In order to be eligible for the office of President, a person must have had a distinguished career in any aspect of national or international life, whether in the public or private sector; holds only a Fijian citizenship; not be a member of or hold any office in any political party, not be a candidate for election to any other office in the State, and have not, at any time during the 6 years immediately before being nominated, been convicted of any offence under any law.
Source: Constitution, art. 81 - 89: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: Legislative authority is vested in the Parliament, which is unicameral.
Source: Constitution, art. 46: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: 53. Proportional representation system
1. The election of members of Parliament is by a multi-member open list system of proportional representation, under which each voter has one vote, with each vote being of equal value, in a single national electoral roll comprising all the registered voters.
2. Subject to subsections (3) and (4), in each general election of members of Parliament, the seats in Parliament must be awarded to candidates in proportion to-
a.
the total number of votes cast for each political party contesting the general election, which shall be determined by totaling the number of votes cast for each candidate of that political party; and
b.
the total number of votes cast for each independent candidate, if any, provided however that an independent candidate shall only be eligible to be awarded one seat in Parliament.
3. A political party or an independent candidate shall not qualify for any seat in Parliament unless the political party or the independent candidate receives at least 5% of the total number of votes cast.
Source: Constitution, art. 53: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 104: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/18
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
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: Local elections are legislated in a separate Local Elections Act--it is unclear the extent of the role the National Election Commission plays in local elections.
Source: Constitution, art. 75 (2): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 3: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Local Government Act art. 13(1) http://extwprlegs1.fao.org/docs/pdf/fij99044.pdf
Verified: 2018/04/18
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature g . Other
Comments: Parliament must ensure that the Fijian Elections Office is allocated sufficient financial resources from the State budget for the timely and effective performance of its duties and functions and exercise of its powers. The Fijian Elections Office shall submit to Parliament a multi-year budget for each electoral cycle of four years for planning purposes, and shall submit to Parliament on an annual basis, an estimated budget for the following year, based on which the budgetary funding for the Fijian Elections Office for the following year will be determined.
Source: Electoral Decree No. 11 of 2014, art. 15: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/18
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
e . Another organ within the national government
Comments: The Auditor General.
Source: Constitution, art. 152: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The Electoral Commission consists of six [6] Commissioners and a Chairperson all of whom have been appointed for a term of three [3] years by the President on the advice of the Constitutional Offices Commission.
Source: The Republic of Fiji Electoral Commission website:
http://www.electoralcommission.org.fj/
Verified: 2018/04/18
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: 4.—(1) In the performance of its functions and exercise of its powers, the Electoral Commission is not subject to the direction or control of any person or authority, provided however, the Electoral Commission shall be subject to any decision of a court of law exercising jurisdiction in relation to a question as to whether the Electoral Commission performed its functions or exercised its powers in accordance with the Constitution and the law or whether the Electoral Commission should or should not perform its functions or exercise its powers.
Source: Electoral Decree No. 11 of 2014, art. 4: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/18
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Electoral Commission consists of a Chairperson and 6 other members.
Visit the Electoral Commission website to see the current composition of the commission
Source: Constitution, art. 75 (6): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
The Republic of Fiji Electoral Commission website:
http://www.electoralcommission.org.fj/
Verified: 2018/04/18
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: A person is not qualified for appointment as a member of the Electoral Commission if s/he is a member of Parliament, the holder of a public office (other than that of Judge), a member of a local authority, or a candidate for election to Parliament.
The Chairperson of the Electoral Commission must be qualified to be a Judge.
Source: Constitution, sec. 75 (6, 8): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State i . Other
Comments: The chairperson and the members of the Electoral Commission shall be appointed by the President, on the advice of the Constitutional Offices Commission.
Source: Constitution, sec. 75 (7): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/18
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 g . NGOs/ Civic Organizations
Comments: Prior to an election, the Electoral Commission must ensure that a nationwide voter information and education programme is implemented on a timely basis, to inform and educate voters concerning the voter registration process, candidates and political parties, voting procedures, including postal and pre-poll voting, if applicable and procedures for protecting electoral rights.
Source: Constitution, art. 75 (2-b): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 3 (2): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Final Report on the General Elections of 17 September 2014 by the Fijian Supervisor of Elections: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-final-report-on-the-general-elections-of-17/view (2014).
http://www.electoralcommission.org.fj/
Verified: 2018/04/18
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: Prior to an election, the Electoral Commission must ensure that a nationwide voter information and education programme is implemented on a timely basis, to inform and educate voters concerning the voter registration process, candidates and political parties, voting procedures, including postal and pre-poll voting, if applicable and procedures for protecting electoral rights.
--It seems that the Fiji Election Commission makes a pretty consistent effort to continuously publish election updates on their website, not just during election time, in response to poor voter education campaigns in the past---
Source: Constitution, art. 75 (2-b): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 3 (2): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Final Report on the General Elections of 17 September 2014 by the Fijian Supervisor of Elections: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-final-report-on-the-general-elections-of-17/view (2014).
http://fijielects2018.org.fj/category/press-releases/page/6/
Verified: 2018/04/18
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments: Prior to an election, the Electoral Commission must ensure that a nationwide voter information and education programme is implemented on a timely basis, to inform and educate voters concerning the voter registration process, candidates and political parties, voting procedures, including postal and pre-poll voting, if applicable and procedures for protecting electoral rights.
As noted at the Final Report of the Fijian Supervisor of Elections, during the 2014 general elections, "a special voter education session for persons with disabilities was held at the Fiji National Council of Disabled Persons in Suva. Television advertising on ‘What to do at your polling station’ with sign language was also aimed at persons who required special attention." A comprehensive radio and television voter education campaign was also launched in June, 2014.
Source: Constitution, sec. 75 (2-b): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, sec. 3 (2): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Final Report on the General Elections of 17 September 2014 by the Fijian Supervisor of Elections: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-final-report-on-the-general-elections-of-17/view (2014).
Verified: 2018/04/18
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Every citizen who is or will be the age of 18 years and over on or before
the date of the issue of the writ for the next election of members to Parliament, has the right to be registered as a voter. Every person who is registered as a voter has the right to vote in the election of members of Parliament.
Every citizen who is registered as a voter and who is resident in Fiji on the day of the elections is entitled to vote in that election. If the person is not a resident of Fiji or is not present in Fiji on the day of the elections, but is the holder of a valid Fijian passport, is entitled to vote to the extent provided in any written law governing elections.
Source: Constitution, art. 55: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Registration of Voters Decree, sec. 3 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-registration-of-voters-decree-no.-54-of-2012/view (2014).
Verified: 2018/04/20
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
Comments: A person who has reached the age of 18 years and is a citizen of Fiji shall have the right to be registered as a voter.
Source: Constitution, sec. 55: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Registration of Voters Decree, sec. 3 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-registration-of-voters-decree-no.-54-of-2012/view (2014).
Verified: 2018/04/20
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Fijian Electoral Commission has the responsibility for the registration of citizens as voters, and the regular revision of the Register of Voters.
Source: Constitution, art. 75 (2-a): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 3 (1-a): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments:
Source: Constitution, sec. 55: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Registration of Voters Decree, sec. 3 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-registration-of-voters-decree-no.-54-of-2012/view (2014).
Verified: 2018/04/20
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) f . Other
Comments: 26.—(1) Only political parties registered in accordance with the Political Parties (Registration, Conduct, Funding and Disclosures) Decree 2013 can nominate party candidates for an election, and must do so in accordance with this section.
(2) The total number of candidates which a political party may nominate for any general election must not be more than the total number of seats in Parliament, and the total number of candidates which a political party may nominate for any by-election must not be more than the total number of vacant seats in Parliament for which the by-election is being held.
(4) A party list must be in writing and signed by the leader and the secretary of the political party.
27.—(1) A nomination of a party candidate by a political party is not valid unless it is accompanied by a deposit of $1,000 in legal tender or a banker’s cheque for each party candidate on the party list of the political party, provided however that a political party may submit one or more banker’s cheques containing the amount of deposit payable by one or more party candidates nominated by the party.
--below are requirements for parties to register with the government--
An association of persons or an organisation applying to be registered as a political party shall apply to the Registrar for registration. An application for registration of a proposed political party shall be in writing and be signed by at least 5 applicants, all of whom must be members of the proposed political party. An application for registration shall also be accompanied by a fee of $5005.00 and a schedule setting out the names, addresses, signatures and voter identification card numbers of at least 5,000 members of the proposed political party from all the four Divisions with a minimum number of 2,000 members from the Central Division, 1,750 members from the Western Division, 1,000 members from the Northern Division, and 250 members from the Eastern Division.
Source: Electoral Decree No. 11 of 2014, art. 26-27 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) Decree No. 4 of 2013, art. 6: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-political-parties-registration-conduct/view (2014).
Verified: 2018/04/20
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
b . Citizenship d . Residence f . Registration j . Other
Comments: Candidates for election to Parliament must be citizens of Fiji, and not hold citizenship of any other country, be registered on the Register of Voters, be ordinarily resident in Fiji for at least 2 years immediately before being nominated. Candidates must not be undischarged bankrupts or members of the Electoral Commission at any time during the 4 years immediately before being nominated, not be subject to a sentence of imprisonment when nominated, have not, at any time during the 8 years immediately before being nominated, been convicted of any offence under any law for which the maximum penalty is a term of imprisonment of 12 months or more, and have not been found guilty of any offence under a law relating to elections, registration of political parties or registration of voters.
Source: Constitution, sec. 56 (2): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, sec. 23 (4): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments: A candidate for election to Parliament must be either nominated by a registered political party or nominated as an independent candidate.
A person wishing to stand as an independent candidate in an election must be duly nominated in writing on a nomination paper in the form approved by the Electoral Commission.
(82) 1. A person shall not be qualified to be nominated for the office of the President unless he or she-
c.is not a member of, or holds any office in, any political party;
Source: Constitution, art. 56 (1), art. 82 (1-c): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 25: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments: The sources of funds for a political party shall only be from membership fees, voluntary contributions, donations, bequests and grants from a lawful source, not being from a foreign government, inter-governmental or non-governmental organisation, and the proceeds of any investment, project or undertaking in which the political party has an interest.
Source: Political Parties (Registration, Conduct, Funding and Disclosures) Decree No. 4 of 2013, sec. 21 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-political-parties-registration-conduct/view (2014).
Verified: 2018/04/20
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: No public funding is provided to political parties or candidates.
Art 113.—(1) It shall be unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition.
Source: Political Parties (Registration, Conduct, Funding and Disclosures) Decree No. 4 of 2013, sec. 21 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-political-parties-registration-conduct/view (2014).
Electoral Decree No. 11 of 2014, art. 113(1)
: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
PC017
Question: Are political parties entitled to private funding?
Answer:
b . No
Comments: art. 21(1):The law specifies that the sources of funds for a political party shall only be from membership fees, voluntary contributions, donations, bequests and grants from a lawful source, not being from a foreign government, inter-governmental or non-governmental organisation, and the proceeds of any investment, project or undertaking in which the political party has an interest.
Art. 22(8) It shall be unlawful for any company, body corporate or any other entity to make any political donation or any contribution to— (a) a political party; (b) any office holder of a political party; (c) any candidate for election to Parliament (including an independent candidate); or (d) any agent, campaigner or servant of a political party or candidate for election to Parliament (including an independent candidate).
Source: Political Parties (Registration, Conduct, Funding and Disclosures) Decree No. 4 of 2013, art. 21 (1), art. 22(8-9): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-political-parties-registration-conduct/view (2014).
Verified: 2018/04/20
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: Immediately upon closing of the polls, the counting of ballot papers is to be undertaken and completed in the respective polling station by the presiding officer and such election officials designated by him or her.
Source: Electoral Decree No. 11 of 2014, art. 89 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions d . By request e . Court order
Comments: Following the count and at any time prior to the posting of the final protocol of results, a polling agent present during the count may submit a request in writing to the presiding officer to conduct a recount, with reasons for the request. If the presiding officer decides there is sufficient reason to conduct a recount of the ballot papers, including due to discrepancies in the reconciliation figures on the protocol of results, a recount is to be immediately conducted at the polling station by the presiding officer or designated election officials.
Source: Electoral Decree No. 11 of 2014, sec. 92 (6), 96 (2), 98, 122 (c), 126 (1-a): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
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):
i . Not applicable
Comments: 113.—(1) It shall be unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition.
117. Any broadcast or print advertisement paid for by a political party or candidate must clearly indicate that it is a paid political advertisement and include the name of the political party, the authorizing officer of the party or the candidate who authorised and paid for the advertisement.
Source: Electoral Decree No. 11 of 2014, art. 113(1), art. 117: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: The media also helped to stimulate the ‘national conversation’ in the preelection period. Fiji Television organised a national debate between several of the party leaders. A number of the radio stations staged discussion and ‘talkback’ programmes. The print media, although critical of its own record in analysis and investigative reporting, in our view did well as a forum for national debate.
Source: Fiji Islands General Election 2006 REPORT OF THE COMMONWEALTH OBSERVER GROUP p. 29
http://aceproject.org/ero-en/regions/pacific/FJ/fiji-final-report-general-elections-commonwealth-1/view
Electoral Decree No. 11 of 2014, sec. 115 (1): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
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:
d . 6-7 days
Comments: It shall be unlawful for any person to publish the results of any election-related opinion on the polls on any day during the 7 days prior to the polling day and on the polling day until the close of polling at all polling stations. Any person who contravenes this provision commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 5 years, or to both.
Source: Electoral Decree No. 11 of 2014, art. 110: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions regulating this matter.
Source: 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) Decree No. 4 of 2013:
https://aceproject.org/ero-en/regions/pacific/FJ/fiji-political-parties-registration-conduct/view
Verified: 2018/04/20
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: If a Bill for the amendment of the Constitution is passed by Parliament,
the President shall refer the Bill to the Electoral Commission, which shall conduct a referendum for all registered voters in Fiji to vote on the Bill. If the outcome of the referendum is that three-quarters of the total number of
the registered voters have voted in favour of the Bill, then the President must assent to the Bill, which shall come into force on the date of the Presidential assent or on such other date as prescribed in the Bill.
Source: Constitution, art. 3, 160: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/20
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: If a Bill for the amendment of the Constitution is passed by Parliament,
the President shall refer the Bill to the Electoral Commission, which shall conduct a referendum for all registered voters in Fiji to vote on the Bill. If the outcome of the referendum is that three-quarters of the total number of
the registered voters have voted in favour of the Bill, then the President must assent to the Bill, which shall come into force on the date of the Presidential assent or on such other date as prescribed in the Bill.
Source: Constitution, art. 160: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/20
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
International IDEA Direct Democracy Database
https://www.idea.int/data-tools/country-view/106/45
Verified: 2018/04/20
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
International IDEA Direct Democracy Database
https://www.idea.int/data-tools/country-view/106/45
Verified: 2018/04/20
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
International IDEA Direct Democracy Database
https://www.idea.int/data-tools/country-view/106/45
Verified: 2018/04/20
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
International IDEA Direct Democracy Database
https://www.idea.int/data-tools/country-view/106/45
Verified: 2018/04/20
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: If a Bill for the amendment of the Constitution is passed by Parliament,
the President shall refer the Bill to the Electoral Commission, which shall conduct a referendum for all registered voters in Fiji to vote on the Bill. If the outcome of the referendum is that three-quarters of the total number of
the registered voters have voted in favour of the Bill, then the President must assent to the Bill, which shall come into force on the date of the Presidential assent or on such other date as prescribed in the Bill.
Source: Constitution, sec. 160: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/20
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
a . Constitutional changes only
Comments: If a Bill for the amendment of the Constitution is passed by Parliament,
the President shall refer the Bill to the Electoral Commission, which shall conduct a referendum for all registered voters in Fiji to vote on the Bill. If the outcome of the referendum is that three-quarters of the total number of
the registered voters have voted in favour of the Bill, then the President must assent to the Bill, which shall come into force on the date of the Presidential assent or on such other date as prescribed in the Bill.
Source: Constitution, sec. 160: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Verified: 2018/04/20
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: Constitution: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Figi Local Government Act Cap 125 Rev. 1985
http://extwprlegs1.fao.org/docs/pdf/fij99044.pdf
Verified: 2018/04/20
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections c . At any polling station in the same country f . By mail i . By tendered ballot
Comments: 50.—(1) On polling day, a registered voter is entitled to vote only at the polling station at which he or she is assigned according to the voter list of the polling station. (2) Notwithstanding subsection (1), election officials and police officers appointed to work on polling day at a polling station to which they are not assigned to vote or public servants with election duties in an area not convenient to the location of the polling station to which they are assigned to vote, may vote at the polling station at which they are working or at a polling station convenient to their location of assignment, provided they are not registered in the Register of Postal Voters and have obtained an absentee certificate according to a process established by the Supervisor. (3) A voter on a voter list with an indication beside his or her name that he or she is registered as a postal voter or that he or she is registered on any other special voter list for alternative voting under this Decree may not vote at the polling station to which he or she is assigned. Identification
Source: Electoral Decree No. 11 of 2014, sec. 50 (1), 55, 67, 53 (10): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
c . Citizens outside the country (including those on vacation)
Comments: Via Postal Voting provisions
(7) An application for registration in the Register of Postal Voters may only be made on one of the following grounds— (a) the applicant is living outside of Fiji or will be outside of Fiji on the polling day; (b)because of serious illness or infirmity, the applicant is unable to travel from his or her place of living to his or her assigned polling station; (c) the applicant is under pre-trial detention or sentence of imprisonment; (d) because of the applicant’s religious beliefs or membership of a religious order, he or she— (i) is precluded from attending a polling station; or (ii) for the greater part of the hours of polling is precluded from attending a polling station; or (e) because the applicant will be away from his or her usual place of residence and in a place not convenient to his or her assigned polling station due to work commitments on the polling day. (8) An application under this section must be accompanied by a statutory declaration by the applicant.
Source: Electoral Decree No. 11 of 2014, sec. 67 (7): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
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: (7) An application for registration in the Register of Postal Voters may only be made on one of the following grounds— (a) the applicant is living outside of Fiji or will be outside of Fiji on the polling day;
Source: Electoral Decree No. 11 of 2014, art. 67 (7): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
Verified: 2018/04/20
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: 54. A voter shall vote for a single candidate by placing a circle around, or a tick or a cross on, the number of his or her preferred candidate on the ballot paper.
Source: Electoral Decree No. 11 of 2014, art. 54: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2018).
Verified: 2018/04/20
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