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Electoral Framework

Legal Framework Boundary Delimitation Electoral Systems

Electoral Participation

Parties and Candidates Disability and Elections Media and Elections Civic and Voter Education Direct Democracy

Electoral Management

Electoral Management Cost of Elections Capacity Development

Electoral Integrity

Electoral Integrity Campaign Finance Measuring Electoral Quality Election Observation Electoral Assistance

Electoral Operations

Voter Registration Voting Operations Voter Identifications Results Management Elections and Technology Elections and Security
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Niue Niue

Boundary Delimitation

BD001

Delimitation of constituencies
Question:Are constituencies delimited for election purposes?
Answer: a. Yes
Comments: 14 village constituencies established by the Constitution.
Source: Constitution, Art. 16 (2-3).
Verified: 2014/06/23
BD003

Criteria for drawing boundaries
Question:On what criteria are the boundaries drawn?
Answer(s): a. "Equality" of population
f. Communities of interest/cultural concerns
Comments: "Any determination or redetermination of the boundaries of any village constituency shall, so far as practicable, having due regard to local community interest, be made in accordance with the principle that the number of electors in that village constituency should not be substantially greater or smaller than the number of electors in any other village constituency."
Source: Constitution, Art. 16 (3).
Verified: 2014/06/23
BD005

Body responsible for drawing boundaries
Question:The body responsible for drawing the boundaries is:
Answer(s): a. Legislature (1st chamber)
Comments: The Constitution allows for constituencies to be modified by law, though there must always be 14 constituencies respecting traditional communities of interest and must have relatively equal populations.
Source: Constitution, Art. 16; Niue Assembly Act 1966, as amended, Sec. 5.
Verified: 2014/06/23

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: "The executive authority of Niue is vested in Her Majesty the Queen in right of New Zealand, and the Governor-General of New Zealand is accordingly the representative of Her Majesty the Queen in relation to Niue."
Source: Constitution, Art. 1.
Verified: 2014/06/23
ES002

Head of Government
Question:How is the Head of Government selected?
Answer: c. Indirectly elected by legislature/chosen by parliament
Comments: The Premier is elected by an absolute majority of the members present and voting at the first meeting of the Niue Assembly after a general election.
Source: Constitution, Art. 4.
Verified: 2014/06/23
ES003

President
Question:Does the country have a president?
Answer: b. No
Comments: The head of state of Niue is the British monarch.
Source: Constitution, Art. 1.
Verified: 2014/06/23
ES004

Number of Chambers
Question:The national legislature consists of (one/two chambers):
Answer: a. One chamber
Comments: The Niue Assembly consists of the Speaker and 20 elected members.
Source: Constitution, Art. 16.
Verified: 2014/06/23
ES005

Electoral System (Chamber 1)
Question:What is the electoral system for Chamber 1 of the national legislature?
Answer(s): a. Plurality (FPTP)
Comments: Each of the 14 village constituencies elects one member to the Niue Assembly. 6 members are elected by all voters in Niue on a common roll. Voters vote for as many seats as there are to be elected in each contest (1 for village constituencies, 6 for the common roll).
Source: Constitution, Art. 16 & 69 (2).
Verified: 2014/06/23

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: Niue Assembly Act 1966, as amended; Constitutional Polls Act 1977, as amended.
Source: Constitution; Niue Assembly Act 1966, as amended; Constitutional Polls Act 1977, as amended.
Verified: 2014/06/23
LF003

Electoral Law covers
Question:The national electoral law covers:
Answer(s): a. National elections
c. Local elections
d. Referendums
Comments: There are national provisions for elections of the Village Councils through the Village Councils Act 1967.
Source: Constitution; Niue Assembly Act 1966, as amended; Constitutional Polls Act 1977, as amended; Village Councils Act 1967, as amended.
Verified: 2014/06/23
LF004

Compulsory/voluntary voting
Question:Is voting on the national level voluntary or compulsory?
Answer(s): a. Voting is voluntary
Comments: No provision for compulsory voting. There is a provision for a compulsory registration.
Source: Constitution; Niue Assembly Act 1966, as amended, Art. 14.
Verified: 2014/06/23
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: "Where any candidate has reason to believe that the public declaration by the Chief Electoral Officer of the number of votes received by each candidate is incorrect, and that on a recount of it the first-mentioned candidate might be found to be elected, he may within 3 days after the public declaration apply to a Judge for a recount of the votes."
Source: Niue Assembly Act 1966, as amended, Sec. 71.
Verified: 2014/06/23

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: The Chief Electoral Officer has jurisdiction over elections at the village council level as well as the national level.
Source: Village Councils Act 1967, as amended, Sec. 15.
Verified: 2014/06/23
EM004

EMB budget determined by
Question:The budget of the national electoral management body is determined by:
Answer(s): c. The legislature
Comments: The Chief Electoral Officer and his delegation are members of the public service. All public expenditure is authorized by the Niue Assembly.
Source: Constitution, Art. 59 (2).
Verified: 2014/06/23
EM005

EMB expenditures controlled by
Question:The expenditures of the national electoral management body are controlled by:
Answer(s): h. No information available
Comments: There is no formal electoral management body. According to the Constitution, all expenditure of public money shall originate from the Niue Assembly in an Appropriation Act.
Source: Constitution, Art. 58.
Verified: 2012/07/03
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 Chief Electoral Officer and his deputy and staff are public servants, and are appointed for an indefinite period of time.
Source: Niue Assembly Act 1966, as amended, Art. 3-4.
Verified: 2014/06/23
EM012

Electoral Management model
Question:What is the Electoral Management model?
Answer: a. Governmental
Comments: The Chief Electoral Officer, as well as his subordinates, are all public servants.
Source: Niue Assembly Act 1966, as amended, Art. 3-4.
Verified: 2014/06/23
EM013

Number of EMB members
Question:The EMB is composed of:
Answer: e. Not applicable
Comments: There is no formal EMB.
Source: Constitution; Niue Assembly Act 1966, as amended, Art. 3-4.
Verified: 2014/06/23
EM014

Membership based on
Question:The EMB members/commissioners are selected on the basis of their:
Answer: b. Expertise
Comments: The Chief Electoral Officer as well as his subordinates are all chosen by the Public Service Commission.
Source: Niue Assembly Act 1966, as amended, Art. 3-4.
Verified: 2014/06/23
EM015


Question:The EMB members/commissioners are selected by:
Answer(s): i. Other
Comments: The Chief Electoral Officer and his subordinates are all chosen by the Public Service Commission.
Source: Niue Assembly Act 1966, as amended, Art. 3-4.
Verified: 2014/06/23

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): m. No information available
Comments:
Source:
Verified: 2014/06/23
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: 2014/06/23
VE003

National civic education
Question:Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s): m. No information available
Comments:
Source:
Verified: 2014/06/23

Voter Registration

VR001

Voting age
Question:What is the legal voting age in the national elections?
Answer: c. 18
Comments:
Source: Niue Assembly Act 1966, as amended, Art. 12.
Verified: 2012/07/03
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
Comments: An elector must be either a New Zealand citizen or a permanent resident of Niue. In addition, an elector must be ordinarily resident in Niue for the 12 months preceding an election and have lived in Niue at some point for longer than three years. An elector may not have lived abroad for more than three years unless a student, or in the service of the Government of Niue. "...[A] person shall be deemed to be ordinarily resident in Niue if, and only if (a) [h]e is actually residing in Niue; or (b) [h]aving been actually resident in Niue with the intention of residing there indefinitely, he is outside Niue but has, and has ever since he left Niue an intention to return and reside there indefinitely."
Source: Constitution, Art. 17; Niue Assembly Act 1966, as amended, Art. 12.
Verified: 2012/07/04
VR004

Authority responsible for voter registration
Question:Which is the authority responsible for the registration of voters for national elections?
Answer: c. Local Government Authority
Comments: The Registrar appointed for each Constituency is in charge of the registration of voters.
Source: Niue Assembly Act 1966, as amended, Art. 4.
Verified: 2012/07/04
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 who is or becomes qualified to be registered as an elector shall make application in the prescribed form to the Registrar in charge of the roll for the constituency for registration as an elector."
Source: Niue Assembly Act 1966, as amended, Art. 14.
Verified: 2012/07/04

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, not with political parties.
Source: Niue Assembly Act 1966, as amended.
Verified: 2014/06/23
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
d. Residence
f. Registration
Comments: "...[E]very person registered as an elector of any constituency, but no other person, is qualified to be a candidate and to be elected a member for that or any other constituency." Qualification for registration includes New Zealand citizenship or Niue permanent residence, having lived in Niue continuously for three years at some point, and being ordinarily resident in Niue for the 12 months before the election.
Source: Constitution, Art. 17; Niue Assembly Act, as amended, Art. 6 & 12.
Verified: 2014/06/23
PC008

Independent candidates
Question:Can independent candidates compete in presidential or legislative elections?
Answer(s): c. In legislative elections (Chamber 1)
Comments: Independent candidates may compete in legislative elections. Candidates run as individuals. There is no political party requirement for candidacy in legislative elections.
Source: Niue Assembly Act, as amended, Art. 33.
Verified: 2014/06/23
PC012

Public funding of parties
Question:Do political parties receive direct/indirect public funding?
Answer(s): e. No information available
Comments: No provisions for public funding of political parties.
Source: Constitution; Niue Assembly Act, as amended.
Verified: 2014/06/23
PC015


Question:What is the basis of the public funding?
Answer(s): f. No information available
Comments: No provision for public funding in Constitution or Electoral Law.
Source: Constitution; Niue Assembly Act 1966, as amended.
Verified: 2014/06/23
PC017


Question:Are political parties entitled to private funding?
Answer: a. Yes
Comments: There is no regulation of political party funding.
Source: Constitution; Niue Assembly Act 1966, as amended.
Verified: 2014/06/23

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: The presiding officer for each polling place counts the votes immediately after the polling place closes.
Source: Niue Assembly Act 1966, as amended, Art. 65.
Verified: 2014/06/23
VC011

When are ballots recounted?
Question:Under what conditions are ballots recounted?
Answer(s): e. Court order
Comments: A petition filed with a judge for a recount must be filed within three days of the release of the results.
Source: Niue Assembly Act 1966, as amended, Art. 71.
Verified: 2014/06/23

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 provisions for free printed advertisement.
Source:
Verified: 2014/06/23
ME059

Television debates
Question:Are televised debates between candidates or party representatives normally conducted?
Answer(s): d. No information available
Comments:
Source:
Verified: 2014/06/23
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: 2014/06/23
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: No formal political parties. No provisions for the regulation of political organizations.
Source:
Verified: 2014/06/23

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: Referenda are conducted for proposed constitutional changes.
Source: Constitution, Art. 35; Constitutional Polls Act 1977, as amended.
Verified: 2014/06/23
DD003

Mandatory referendums (national level)
Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: a. Yes
Comments: All matters concerning constitutional changes must be passed in a referendum. Proposed amendments concerning sections 2-9 of the Constitution must pass with a 2/3 majority to take effect. All other proposed Constitutional changes must pass with a simple majority.
Source: Constitution, Art. 35.; Constitutional Polls Act.
Verified: 2014/06/23
DD004

Optional referendums (national level)
Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: b. No
Comments: Only proposed constitutional changes may be put to referendum. There are no provisions for other forms of referenda.
Source: Cosntitution.
Verified: 2014/06/23
DD005

Citizens' Initiatives (national level)
Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: b. No
Comments:
Source: Constitution.
Verified: 2014/06/23
DD006

Agenda Initiatives (national level)
Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: b. No
Comments:
Source: Constitution.
Verified: 2014/06/23
DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: b. No
Comments:
Source: Constitution.
Verified: 2014/06/23
DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: a. Always binding
Comments: All Constitutional referenda are binding. Proposed amendments addressing Sections 2-9 of the Constitution must pass in a referendum with a two-thirds majority. All other proposed amendments require a simple majority in a referendum.
Source: Constitution, Art. 35.
Verified: 2014/06/23
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:
Source: Constitution, Art. 35.
Verified: 2014/06/23
DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: b. No
Comments: No provisions for direct democracy at the local level.
Source: Constitution; Village Councils Act 1967, as amended.
Verified: 2014/06/23

Voting Operations

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