Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The sole legislative authority for the country, the Nijitela, is divided into 24 districts apportioned between one and five seats each for a total of 33 members.
Source: Constitution, art. 4 (2). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers c . Compactness of constituencies d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns
Comments: "Any such amendment of paragraph (1) of this Section shall, so far as practicable, be made in accordance with the principle that every member of the Nitijela should represent approximately the same number of voters; but account shall also be taken of geographical features, community interests, the boundaries of existing administrative and recognized traditional areas, means of communication and density and mobility of population."
Source: Constitution, art. 4 (2). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber)
Comments: Boundaries are set in the constitution, but "Subject to paragraphs (4) and(5) of this Section, the Nitijela may, by Act, amend paragraph (1) of this Section so as to vary the total number of members of the Nitijela, or the number of electoral districts, or their geographic boundaries, or the number of members to be elected from any electoral district."
Source: Constitution, art. 4 (2). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government d . Indirectly elected by legislature
Comments: The President is both the head of state and the head of government. S/he shall be elected by a majority of the total membership of the Nitijela (Parliament).
Source: Constitution, art. 5 (3) https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The Head of Government is also the Head of State. S/he is elected by the majority of the Nitijela (Parliament).
Source: Constitution, art. 5 (3).
Verified: 2023/10/12
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President functions as both Head of State and Head of Government.
Source: Constitution, art. 5 (3). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The legislative power of the Marshall Islands shall be vested in the Nitijela.
The Council of Iroji also sits at the same time as the Nitijela, but it only acts to advise the Nitijela on legislative matters relating to customary law, or any traditional practice, or land tenure, or any related matter that the traditional chiefs are concerned with.
Source: Constitution, art. 3 (2) & 4 (1-2).
Verified: 2023/10/12
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: Single-member and multi-member districts elect members based on plurality. Electors may vote for as many candidates are there are seats allotted to that district.
Source: Constitution, art. 4 (2). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
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
Comments:
Source: Constitution; Elections and Referenda Act, as amended; Elections and Referenda Regulations, as amended; Elections Offenses Act, as amended;
https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
https://www.constituteproject.org/constitution/Marshall_Islands_1995
http://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0120/ElectionsOffensesAct_1.pdf
Verified: 2023/10/12
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments:
Source: Elections and Referenda Act, as amended sec. 138, 140, & 141; Local Government Act, as amended.
http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
Verified: 2023/10/12
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: No provision mandating compulsory voting. Provisions specifying criteria for eligibility to vote only.
Source: Constitution, art. 4 (3). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: Chief electoral officer. Any disputes must be made before the elections, no complaints are possible after the elections.
Source: Elections and Referenda Act, as amended, sec. 180 (1).
https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
Verified: 2023/10/12
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level
Comments: If a national election conflicts with a local election, the Chief Electoral Officer may push back the date of the local election in order to give precedence to the national election.
Source: Elections and Referenda Act, as amended, sec. 138, 140, & 141. https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
Verified: 2023/10/12
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: The Nitijela controls the budgetary process.
"The expenses for the registration of voters and for the conduct of elections and referenda (other than referenda referred to in Section 191(b) or (c) of this Chapter) shall be borne by the Government of the Marshall Islands."
"The Secretary of Internal Affairs is responsible for the overall operation of the Electoral Administration."
Source: Elections and Referenda Act, as amended, sec. 111 & 196. https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
Verified: 2023/10/12
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
h . No information available
Comments:
Source:
Verified: 2023/10/12
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments: The members of the Board of Elections shall be appointed by the Chief Electoral Officer and hold office until death, resignation by notice to the Chief Electoral Officer, replacement or termination under Subsection (5) of this Section.
Source: Elections and Referenda Act, as amended, sec. 115 (2). https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
Verified: 2023/10/12
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments: The electoral management body is a branch of the government.
Source: Elections and Referenda Act, as amended, sec. 110 & 111. https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
Verified: 2023/10/12
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
e . Not applicable
Comments: There is no central EMB committee.
Source: IDEA Electoral Management Design Database https://www.idea.int/data-tools/data/country?country=139&database_theme=308
Verified: 2023/10/12
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: Members of the Boards of Elections are appointed as permanent public servants by the Chief Electoral Officer, who is also a permanent public servant.
Source: Elections and Referenda Act, as amended, sec. 112 & 115. https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
i . Other
Comments: Members of the Boards of Elections are appointed as permanent public servants by the Chief Electoral Officer, who is also a permanent public servant within the Ministry of Internal Affairs.
Source: Elections and Referenda Act, as amended, sec. 112 & 115. https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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):
g . NGOs/ Civic Organizations
Comments: Women United Together Marshall Islands (WUTMI) conducts voter education campaigns from time to time, including 2006 and 2010, with support from UNIFEM and USAID.
Source: UN Women New Zealand Newsletter (2011). (https://ndhadeliver.natlib.govt.nz/delivery/DeliveryManagerServlet?dps_pid=IE11541888)
Yokwe News (2007). (http://www.yokwe.net/index.php?module=News&func=display&sid=1935)
Report of the Pacific Islands Forum Election Observer Team to the Republic of the Marshall Islands Nitijela Parliamentary Elections 2007 https://www.forumsec.org/wp-content/uploads/2017/11/Forum-election-observation-report-RMI-2007.pdf
Verified: 2023/10/12
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Verified: 2023/10/12
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
a . No m . No information available
Comments:
Source:
Verified: 2023/10/12
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Constitution, art. 4 (3). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Elections and Referenda Act 1980 https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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: All eligible voters are to register in the electoral district in which they reside or have land rights.
Source: Constitution, art. 4 (3); Elections and Referenda Act, as amended, sec. 105. https://www.constituteproject.org/constitution/Marshall_Islands_1995
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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: Chief Electoral Officer.
Source: Elections and Referenda Act, as amended, sec. 126 (1). https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: "It is the duty of all eligible voters to ensure that they are at all times correctly entered in the Register."
Source: Elections and Referenda Act, as amended, sec. 130. https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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):
h . Not applicable
Comments: Candidates run as individuals. No provisions for registration of political parties.
Source: Constitution;
https://www.constituteproject.org/constitution/Marshall_Islands_1995
Elections and Referenda Act, as amended. https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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 e . Citizenship of parents g . Nationality group j . Other
Comments: 21 years of age. Must have traditional land rights. Must have a mother or a father of Marshallese descent with "customary jowi."
Source: Constitution, art. 4 (3 & 4). Elections and Referenda Act, as amended, sec. 145 (6).
https://www.constituteproject.org/constitution/Marshall_Islands_1995
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments: Candidates run as individuals. No provisions for party affiliation requirement.
Source: Constitution; Elections and Referenda Act, as amended. https://www.constituteproject.org/constitution/Marshall_Islands_1995
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments: No provisions regarding public funding of political parties in Electoral Law or Constitution.
Source: Constitution; Elections and Referenda Act, as amended; Elections Offenses Act, as amended.
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: There are no provisions for the public funding of political parties.
Source: Constitution; Elections and Referenda Act, as amended; Elections Offenses Act, as amended.
https://www.constituteproject.org/constitution/Marshall_Islands_1995
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Political Parties are not regulated by Electoral Law or the Constitution.
Source: Constitution; Elections and Referenda Act, as amended.
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments: Votes are first sorted when the ballot boxes are transferred to the Counting and Tabulation Committee, either at the central location, or a local one.
"...[T]he Chief Electoral Officer shall as soon as practicable, cause the following to be transmitted to the Counting and Tabulation Committee: ... all ballot boxes ... the container of absentee and postal votes ... any other covering envelopes and covering reply envelopes containing absentee or postal votes ..."
Source: Elections and Referenda Act, as amended, sec. 117-119 & 177.
https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
e . Court order f . Other
Comments: "A candidate in an election may file with the Chief Electoral Officer a petition for a re-count in the electorate on the grounds that (a) the result was so close that it would be proper to have the voting figures rechecked, or (b) there was an error in relation to the count, the records of the election, or the admission or rejection of ballot papers, and that he believes that a re-count will affect the result of the election.
...
"If the Chief Electoral Officer grants a petition under Section 180 of this Chapter, or if the High Court on appeal under Section 181 of this Chapter orders the Chief Electoral Officer to direct a re-count, the Chief Electoral Officer shall direct the Counting and Tabulation Committee to conduct a re-count."
Source: Elections and Referenda Act, as amended, sec. 180 (1) & 182 (1). https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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):
g . Other (specify)
Comments: There are no provisions for the allocation of free broadcast or advertisement, but in the 2007 general election, the government owned radio station provided 15 minute allocations to the candidates.
Source: Report of the Pacific Islands Forum Election Observer Team to the Republic of the Marshall Islands' Nitijela (Parliamentary) Elections (2007). (https://www.forumsec.org/wp-content/uploads/2017/11/Forum-election-observation-report-RMI-2007.pdf)
Verified: 2023/10/12
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2023/10/12
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:
Verified: 2023/10/12
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: The lack of a spending limit was cited as one of the major problems surrounding the integrity of the election by an observation report.
Source: Report of the Pacific Islands Forum Election Observer Team to the Republic of the Marshall Islands' Nitijela (Parliamentary) Elections (2007). (https://www.forumsec.org/wp-content/uploads/2017/11/Forum-election-observation-report-RMI-2007.pdf)
Verified: 2023/10/12
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: A referendum is required for every proposed amendment to the Constitution, whether initiated through a Constitutional Convention or by action of the Nitijela. Furthermore, a petition signed by 25% of all eligible voters may request the holding of a referendum to call for a Constitutional Convention.
Source: Constitution, art. XII (3-4). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Constitutional amendments, and the holding of a Constitutional Convention to consider require approval by referendum.
Source: Constitution, art. XII (3-4). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: A petition signed by at least 25% of eligible voters can request the holding of a Constitutional Convention to consider specified amendments.
Source: Constitution, art. XII (3-4). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: A petition signed by at least 25% of eligible voters can request the holding of a Constitutional Convention to consider specified amendments.
Source: Constitution, art. XII (3-4). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments: No provisions in the Constitution.
Source: Constitution https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: No provisions in the Constitution.
Source: Constitution https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: Constitutional Amendments cannot pass without passage of a referendum. If a referendum calling for a Constitutional Convention passes, a Constitutional Convention must be held.
Source: Constitution, art. XII (3-4). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
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: All referenda concern matters relating to Constitutional change or the holding of a Constitutional Convention to consider a change.
Source: Constitution, art. XII (3-4). https://www.constituteproject.org/constitution/Marshall_Islands_1995
Verified: 2023/10/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments: No provisions in Local Government Act, as amended.
Source: Local Government Act, as amended. http://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1975/1975-0004/LocalGovernmentAct1980_1.pdf
Verified: 2023/10/12
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district d . At specially designated polling stations f . By mail
Comments:
Source: Elections and Referenda Act, as amended, sec. 131 & 173 (6). https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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:
Source: Elections and Referenda Act, as amended, sec. 161.
Verified: 2012/06/27
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: Elections and Referenda Act, as amended, sec. 161. https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Electors mark the ballot with a tick next to their preferred candidate.
Source: Elections and Referenda Act, as amended, sec. 173. https://rmiparliament.org/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0020/ElectionsandReferendaAct1980_5.pdf
Verified: 2023/10/12
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