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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Constitution, Art.82 (4) For the purpose of the election of the members of Parliament, electoral districts shall be established, having-(a) such boundaries; and(b) such number of elected representatives, as are prescribed by or under an Act of Parliament.
Source: Constitution, art. 82 (4): http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2019/02/25
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments:
Source: Constitution Section 82(4)&(5)
Verified: 2003/08/01
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns g . Other
Comments: 83. Principles of electoral apportionment
(2) Subject to subsection (1), a Bill for an Act for the purposes of section 82 (composition of Parliament) shall, so far as practicable, be based on the principle that each member of Parliament should represent approximately the same number of electors, but in the circumstances of Tuvalu account must also be taken of-
(a) geographical features; and
(b) interests or relationships of any kind that various areas-
(i) may have in common; or
(ii) may not have in common; and
(c) the boundaries of existing administrative and traditional areas; and
(d) means of communication; and
(e) density and mobility of population; and
(f) such other factors as are prescribed by an Act of Parliament for the purpose.
Source: Constitution, art. 83 (2): http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2019/02/25
BD004
Question: If population is a criterion, which population figure is used?
Answer:
c . Number of registered voters
Comments: The Constitution states that representation in Parliament "so far as practicable, be based on the priciple that each member of Parliament should represent approximately the same number of electors..." it also notes that "density and mobility of population" should be taken into account.
Note: whilst the Constitution makes these provisions, constituency boundaries have remained the 8 island groups.
Source: Constitution Section 83(2) and Section 83(2)(e).
Alexander Somoza in Elections in Asia and the Pacific, p,827
Verified: 2003/08/01
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) c . Executive
Comments: Constitution
82. (1): Subject to subsection (3), Parliament shall consist of such number of members as is fixed by or under an Act of Parliament and a Bill for an Act to amend the number of members so fixed shall not be passed by Parliament unless it is supported at its Third Reading by the votes of not less than two-thirds of the members of Parliament. (5): Nothing in this Constitution prevents an Act of Parliament from making special provision for the representation of a part of Tuvalu with special electoral problems, or related problems.
Electoral Provisions (Parliament) Act 3: For the purpose of this Act and sections 82(4) and (5) and 83 of the Constitution, Tuvalu shall be divided into 8 electoral districts which shall be known by the names, consist of the areas and return the number of members specified in relation thereto in Schedule.
Electoral Provisions (Parliament) Act 4:(1) For the purpose of registration of electors and the conduct of elections the Minister may by notice divide any electoral district into such number of electoral wards as he may think fit, and may assign such name as he may deem appropriate to any electoral ward.
Source: Electoral Provisions Ordinance, art. 3 and 4:https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0002/ElectoralProvisionsParliamentAct_1.pdf
Constitution of Tuvalu, art. 82 (1) and (5):http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2019/02/25
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
l . Other
Comments: There are no specific provisions in the electoral legislation or the Constitution except the ability to subdivide Districts into wards and the ability by Parliament to make "special provisions" for parts of Tuvalu with special "electoral problems". To redraw boundaries would mean an amendment of the Electoral Provisons Schedule 1. There is a discrepency in both the Constitution and Electoral Provisions in that they both state what should constitute a District(Constituency) but make no provision to change the composition of that District should that District no longer comply with definitions in the Constitution or Electoral Provisions.
Source: Electoral Provisions Part II, Electoral Districts and Registers.
Constitution Sections 82 and 83
Verified: 2003/08/01
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: Constitution, art. 48: The Sovereign of Tuvalu (1) Her Majesty Queen Elizabeth II, by the grace of God Queen of the United Kingdom of Great Britain and Northern Ireland and of Her Other Realms and Possessions, Head of the Commonwealth, Defender of the Faith, having at the request of the people of Tuvalu graciously consented, is the Sovereign of Tuvalu and, in accordance with this Constitution, the Head of State
Constitution, art. 54(2): The Governor-General is the representative of the Sovereign.
Constitution, art. 55(1): The Governor-General shall be appointed, and may be removed from office at any time (with or without cause), by the Sovereign, acting in accordance with the advice of the Prime Minister given after the Prime Minister has, in confidence, consulted the members of Parliament.
Source: Constitution, art. 48, 54 and 55: http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2019/02/25
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: Constitution, art. 63(1) The Prime Minister shall be elected by the members of Parliament in accordance with Schedule 2 (Election and Appointment of Prime Minister).
Source: Constitution, art. 63:http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2019/02/25
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments:
Source: Constitution, art. 48 & 54-55: http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2012/06/19
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The Parliament of Tuvalu is unicameral.
Source: Constitution, art. 81-82: http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1986/1986-0001/ConstitutionofTuvalu_1.pdf
Verified: 2019/02/25
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP) c . Block Vote
Comments: Seven of the eight electoral districts use a block voting system to elect two candidates. One electoral district, Nukulaelae, elects only the one candidate who received the most votes.
Source: Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments: Tuvalu has a one chamber legislature.
Source: Constitution, art. 81-82
Verified: 2012/06/19
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments:
Source:
Verified: 2003/08/01
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
b . Specially delimited constituencies
Comments: Tuvalu is divided into 8 electoral districts.
Source: Constitution Section 82(4 and 5) and Section 83.
Electoral Provisions Part II, Sections 3 and 4 and
Electoral Provisions Schedule 1
Verified: 2003/08/01
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2003/07/28
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source:
Verified: 2003/07/28
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source:
Verified: 2003/08/01
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
a . No minimum
Comments: Simple majority. Note the electoral laws do not specify what electoral system to use. It assumes First Past The Post.
Also note, whilst there is nothing to prohibit the formation and action of political parties, they as yet do not exist in Tuvalu. Members of Parliament usually align themselves into informal groups.
Source: Electoral Provisions Sections 21(d)and 30(1).
www.nationmaster.com/country/tv/Government
Verified: 2003/08/01
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2003/07/28
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) d . Other
Comments: Parliament is automoatically dissolved at the end of the period four years after the date of its first sitting after a general election. The Governor General, acting in accordance with a resolution of Parliament may at any time dissolve Parliament if the office of the Prime Minister is vacant.
Voting takes place on one day. No specific day is mentioned in the electoral laws.
Source: Constituion Section 118.
Electoral Provisions Section 15(1)(a)and Section 20
Verified: 2003/08/01
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/07/28
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: no specific day is mention in the electoral legislation.
Source: Electoral Provisions Section 15(1)(a) and Section 20
Verified: 2003/07/28
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 d . Regulations or administrative rules
Comments: There are specific provisions relating to elections within the Constitution and there are also specific Acts of Parliament regarding elections.
Source: The Constitution of Tuvalu; Electoral Provisions (Parliament) Act as amended.
Verified: 2012/06/19
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
c . January 1980- December1989
Comments:
Source: Electoral Provisions 1982.
Alexander Somoza in Elections in Elections in Asia and the Pacific p,826.
Verified: 2006/11/21
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections
Comments:
Source: Electoral Provisions (Parliament) Act as amended; Falekaupule Act as amended.
Verified: 2012/06/19
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Constitution provides for the right to vote (every person who is registered as an elector for Parliamentary elections in an electoral district is entitled to vote) although it does not specify that it is voluntary. The Electoral Provisions Ordinance notes however, that 'every elector desiring to record his vote shall present himself to the presiding officer at the polling station at which he is entitled to vote...' which indicates the voluntary nature of voting.
Source: Constitution of Tuvalu, art. 90; Electoral Provisions (Parliament) Act as amended, art. 21
Verified: 2012/06/19
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: Any questions regarding the validity of elections are commenced by way of petition in the High Court in its civil jurisdiction. There is no appeal from a decision made by the High Court in this matter.
Source: Electoral Provisions (Parliament) Act as amended, art. 56; Constitution, art. 100
Verified: 2012/06/19
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters
Comments: Electoral law does not specify who can or cannot submit cases.
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Electoral Provisions.
Verified: 2006/11/21
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments: Court of Appeal
Source: Constitution Section 119(b)
Verified: 2003/07/28
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
c . Government
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
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: The Secretary to Government within the Office of the Prime Minister coordinates the administration of national elections.
Source: Electoral Provisions (Parliament) Regulations of 1980, as amended, art. 4; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
EM003
Question: The national electoral management body reports to:
Answer(s):
b . The Prime Minister
Comments:
Source: Afele Kitiona, Lawyer for Elections, July 2002
Verified: 2003/08/01
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
i . Not applicable
Comments: There is no electoral management body. Costs incurred in registering electors and administering elections are covered by the consolidated fund of the government.
Source: Electoral Provisions (Parliamentary) Act as amended, art. 60 (1)
Verified: 2012/06/19
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
i . Not applicable
Comments: There is no electoral management body. The Secretary to Government within the Office of the Prime Minister directs the administration of elections. Legislation specifies that all election related costs are covered by the consolidated fund of the government.
Source: Electoral Provisions (Parliamentary) Regulations as amended, art. 4 (a); Electoral Provisions (Parliamentary) Act as amended, art. 60.
Verified: 2012/06/19
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
f . Not applicable
Comments: No electoral management body. The minister appoints Returning Officers for each electoral district ahead of an election.
Source: Electoral Provisions (Parliament) Act as amended, art. 6
Verified: 2012/06/19
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
a . Governmental
Comments: The Secretary to Government within the Office of the Prime Minister directs the administration of elections.
Source: Electoral Provisions (Parliament) Regulations of 1980, as amended, art. 4; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
e . Not applicable
Comments: No Electoral Management Body. The Secretary to Government within the Office of the Prime Minister directs the administration of elections.
Source: Electoral Provisions (Parliament) Regulations of 1980, as amended, art. 4; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
d . Not Applicable
Comments: No Electoral Management Body. The Secretary to Government within the Office of the Prime Minister directs the administration of elections. The Minister appoints Returning Officers for each electoral district on unspecified criteria.
Source: Electoral Provisions (Parliament) Regulations of 1980, as amended, art. 4; Electoral Provisions (Parliamentary) Act as amended, art. 6; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
j . Not Applicable
Comments: No Electoral Management Body. The Secretary to Government within the Office of the Prime Minister directs the administration of elections. The Minister appoints Returning Officers for each electoral district on unspecified criteria.
Source: Electoral Provisions (Parliament) Regulations of 1980, as amended, art. 4; Electoral Provisions (Parliamentary) Act as amended, art. 6; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
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: 2012/06/19
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: 2012/06/19
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: 2012/06/19
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
b . Media advertisement
Comments: Radio advertisements
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
e . Public meetings
Comments: National Council of Women (a domestic NGO)
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Electoral Provisions (Parliament) Act as amended, art. 5 (2).
Constitution of Tuvalu, art. 91 (1).
Verified: 2009/09/04
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 e . Other
Comments: In addition to citizenship, the electoral district in which one registers may be determined by either a residency requirement of two years within the previous three years or land ownership, in addition to involvement with the activities of the indigenous community of that district. However, if one does not meet these requirements in any electoral district, that person may still register to vote.
Source: Constitution, art. 90-91; Electoral Provisions (Parliamentary) Act as amended, art. 5 (2-4)
Verified: 2012/06/19
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration d . Mental disability h . Other
Comments: Other: "he is disqualified, under an Act of Parliament relating to offences in connection with elections, from being registered as an elector in Parliamentary elections." Constitution S. 92(1)(c)
Source: Constitution Section 92
Verified: 2003/07/31
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
a . Central Government Department (specify)
Comments: The Secretary to Government within the Office of the Prime Minister directs the administration of all election processes. The Minister appoints a Registration Officer for each electoral district who is responsible for updating and maintaining voter registration within that district.
Source: Electoral Provisions (Parliament) Regulations as amended, art. 5 (1)
Verified: 2012/06/19
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments:
Source: Electoral Provisions Section 5(1)
Verified: 2003/07/31
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments: Every 4 years, prior to elections.
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
e . Appearance by voter at registration office
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: There is specific mandate requiring citizens to be registered to vote. The Constitution as well as additional legislation specify the requirements one must meet in order to be entitled to be registered. Registration is voluntary.
Source: Electoral Provisions (Parliamentary) Act as amended, art. 5 (2); Constitution, art. 91.
Verified: 2012/06/19
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: There are no formal political parties.
Source: CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tv.html; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments:
Source:
Verified: 2003/07/31
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
Comments: The qualifications include: minimum age of 21 years, citizenship, as well as registration to vote in the electoral district for which one is a candidate.
Source: Electoral Provisions (Parliament) Ordinance, art. 9; Constitution, art. 93-94
Verified: 2012/06/19
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2003/07/31
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration b . Detention e . Offences against electoral law g . Holding of government office k . Mental health problems l . Multiple Citizenship n . Holding of other public offices (police etc.)
Comments: In terms of criminal incarceration it is 12 months or more.
Source: Constitution Section 95
Verified: 2003/07/31
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source:
Verified: 2003/07/31
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
g . Not applicable
Comments: There are no formal political parties, so all candidates are independent. The head of state is the British monarch, so there are no presidential elections.
Source: CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tv.html; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf); Constitution, art. 48-49
Verified: 2012/06/19
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments: Signature Requirement: Nominated (name and address) of 5 persons registered in the same electoral district
Source: Electoral Provisions Section 9
Verified: 2003/07/31
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/07/31
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2003/07/31
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
f . Not applicable
Comments: There are no political parties in Tuvalu.
Source: CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tv.html; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
d . Not Applicable
Comments:
Source:
Verified: 2003/07/31
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2003/08/01
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: There are no provisions for public funding of elections.
Source:
Verified: 2012/06/19
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2003/07/31
PC017
Question: Are political parties entitled to private funding?
Answer:
d . Not applicable
Comments: There are no political parties. There are no provisions for public financing of elections.
Source: CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tv.html; Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/19
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
d . Not Applicable
Comments:
Source:
Verified: 2003/07/31
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2003/07/31
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2003/07/31
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2003/07/31
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
r . Other
Comments: e.) The voter marks the candidate(s) of choice.
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
a . Single ballot (all registered parties/candidates listed)
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2009/11/04
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: "Upon receipt of all ballot boxes from polling stations situated within the
electoral district of which he is Returning Officer, the Returning Officer shall
commence to count votes in the presence of the counting agents and shall, so
far as is practicable, proceed continuously with the counting..."
Source: Electoral Provisions (Parliament) Act as amended, art. 26 & 28.
Verified: 2012/06/20
VC005
Question: What procedures are used in the initial count?
Answer(s):
d . Number of ballots in box reconciled against number of voters e . Number of ballots reconciled against ballots initially received (minus spoilt and unused) h . Double tallying as voters are being called out l . Counted by hand r . Observers and party agents are permitted to take their own copies of the results
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Electoral Provisions Sections 27, 30, 36
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level
Comments: Districts are declared by the Returning Officer at the Electoral District. Notification is then sent to the winning candidate and the Minister who causes the name of the succesful candidate to be published.
Source: Electoral Provisions Sections 37, 38, 39
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: "Plurality system in four single-member constituencies and four two-member constituencies. Each of the 8 main islands of Tuvalu represent one constituency, the ninth and scarcely inhabited island Niulakita belongs to the Niutao constituency. Those constituencies whose population is smaller than 1,000 ... return 1 member, those with a population exceeding 1,000 ... return 2 members each to Parliament." Somoza in Elections in Asia and the Pacific, p,287
Note these costituencies are regional but are referred to as "electoral districts".
Source: Alexander Somoza in Elections in Asia and the Pacific, p,287.
Constitution Section 82.
Electoral Provisions Section 3.
Electoral Provisions Regulation 25(i)(b)
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
b . By telephone c . By fax d . Telex/Telegraph
Comments:
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
e . Court order
Comments: An election petition may be presented to the High Court within one month after the publication of the result of the election. Every such petition shall be heard by the High Court in open court. It is during such hearing that the High Court may order: "the inspection and production of any rejected ballot papers or the opening of any sealed packet of the counterfoils of used ballot papers or the inspection of any counted ballot papers or the inspection and production of tendered ballot papers and the tendered votes..."
Source: Electoral Provisions (Parliament) Act as amended, art. 56-58.
Verified: 2012/06/20
VC012
Question: If automatically recounted, what is the trigger?
Answer:
a . Closeness of results
Comments: When there is an equal number of votes for the two highest ranked candidates on the first count.
Source: Electoral Provisions Section 38
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
b . An individual candidate c . Election officials
Comments: Essentially, anyone can request a recount except domestic or international observers.
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002.
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
d . National Government agency (specify)
Comments: Returning Officer
Source: Electoral Provisions Section 38
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments: After declaration and notification by the Returning Officer, the Minister publishes the name of the succesful candidate in the Gazette.
Source: Electoral Provisions Section 39 (2)(b)
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
a . hours:
Comments: By radio on the same day.
Source: Afele Kitiona, Lawyer for Elections in Tuvalu, July 2002.
Verified: 2009/11/04
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: There is no allocation of free broadcast time or free printed advertisement space to political parties.
Source: Hassall, Graham (2006): The Tuvalu General Election 2006, Democracy and Elections Project (Governance Program), University of the South Pacific, Fiji. (http://www.governance.usp.ac.fj/fileadmin/files/thematic/elections/docs/Hassall_-_Election_Observation_Report_Tuvalu_2006.pdf)
Verified: 2012/06/20
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2012/06/20
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:
g . No information available
Comments:
Source:
Verified: 2012/06/20
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: 2012/06/20
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: The Constitution stipulates the right to recall a member of the parliament on the basis of infirmity of body or mind.
Source: Constitution, art. 99.
Verified: 2012/06/20
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments: There are no provisions for referenda in the Constitution.
Source: Constitution.
Verified: 2012/06/20
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments: There are no provisions for referenda in the Constitution.
Source: Constitution.
Verified: 2012/06/20
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments: There are no provisions for initiatives in the Constitution.
Source: Constitution.
Verified: 2012/06/20
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments: There are no provisions for initiatives in the Constitution.
Source: Constitution.
Verified: 2012/06/20
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: If more than 50 percent of the persons who are registered as electors for Parliamentary elections in an electoral district sign a petition to the Head of State stating that a member of Parliament for that district is unable to perform properly the functions of a member because of infirmity of body or mind and if the Head of State, acting in his own deliberate judgment is satisfied that this condition is met and that it is desirable in the interests of the good government of Tuvalu that the question of removing the member should be investigated, the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practice medicine either in Tuvalu or elsewhere to investigate the question of the capacity of the member.
The persons appointed under subsection (2) (above) shall investigate the question and make a joint professional report to the Head of State personally. If after considering the report the Head of State, acting in his own deliberate judgment, is satisfied that it is desirable in the interests of the good government of Tuvalu to do so, he shall, acting in his own deliberate judgment, by written notice to the Speaker and the member declare the seat of the member concerned vacant.
Source: Constitution, art. 99.
Verified: 2012/06/20
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments: There are no provisions for referenda in the Constitution.
Source: Constitution.
Verified: 2012/06/20
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:
e . Not applicable
Comments: There are no provisions for referenda in the Constitution.
Source: Constitution.
Verified: 2012/06/20
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments: There are no provisions for direct democracy at sub-national levels.
Source: Constitution; Falekaupule Act as amended; Kaupule (Elections) Regulations as amended.
Verified: 2012/06/20
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
h . No information available
Comments:
Source:
Verified: 2009/09/24
DD133
Question: What year was the first referendum/initiative held?
Answer:
h . No information available
Comments:
Source:
Verified: 2009/09/24
Voting Operations
VO002
Question: Is there a code of conduct for election officials?
Answer:
a . Yes
Comments: There is no formal Code of Conduct but Tuvalu is a member of the Pacific Islands, Australia and New Zealand Electoral Administrators Network (PIANZEA) which has a Code of Conduct, which Tuvalu contributed to and asccepted at the 2002 PIANZEA Workshop.
Source:
Verified: 2003/07/31
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
d . At specially designated polling stations
Comments: There is one polling station per island. At the polling station there is a ballot box for each of the Island Districts. Voters can vote for the candidates from their District. The ballot boxes are sent to the corresponding Islands for counting.
Source: Electoral Provisions (Parliament) Act as amended, art. 16-17.
Verified: 2012/06/19
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
a . Outside the country voting is not permitted
Comments:
Source: Electoral Provisions (Parliament) Act as amended, art. 16-17, 21-22.
Verified: 2012/06/19
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source: Electoral Provisions (Parliament) Act as amended, art. 16-17, 21-22.
Verified: 2012/06/19
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2005/08/12
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments:
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2005/08/12
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments:
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2005/08/12
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Electoral Provisions (Parliamentary) Act as amended, art. 17, 21.
Verified: 2012/06/19
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