Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: There are 51 constituencies.
Source: Samoa Constitution, Art. 44 (1): https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/08
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population d . Conformity with local jurisdiction boundaries f . Communities of interest/cultural concerns
Comments: Subject to the provisions of this Article, the Legislative Assembly shall consist of one member elected for each of 51 electoral constituencies having names, and comprising of villages or sub-villages as are prescribed from time to time by Act.
Subject to this Article, women Members of the Legislative Assembly shall: consist of a minimum of 10% of the Members of the Legislative Assembly.
Source: Samoa Constitution: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/08
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber)
Comments: Subject to the provisions of this Constitution, the mode of electing members of the Legislative Assembly, the terms and conditions of their membership, the qualifications of voters, and the manner in which the roll for each electoral constituency shall be established and kept shall be prescribed by law.
Source: Samoa Constitution: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/08
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 Head of State shall be appointed by the Legislative Assembly acting on the recommendation of the party or parties in Government.
Source: Samoa Constitution: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
h . Not applicable
Comments:
Source:
Verified: 2021/04/09
ES003
President
Question: Does the country have a president?
Answer:
d . Not applicable
Comments: There shall be a Head of State of Samoa to be known as O le Ao o le Malo. Samoa has a Head of State who is elected by the Legislative Assembly to hold office for 5 years.
Source: Samoa Constitution Article 16 and 19: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The single chamber is referred to as the Legislative Assembly.
Source: Samoa Constitution: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments:
Source: Samoa Constitution: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
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: The Electoral Constituencies Act 2019, The Electoral Commission Act 2019, The Electoral Act 2019: https://www.oec.gov.ws/wordpress/index.php/legislations/ (2021);
Samoa Constitution: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
Source: The Electoral Act 2019: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
b . Voting is compulsory and regulated in the electoral law
Comments: Compulsory registration of voters: A person qualified under section 14 to be registered as a voter, must if that person is in Samoa, apply in the prescribed form to the Commissioner for registration as a voter within 1 months after the date upon which he or she turns 21 years old provided that if the person turns 21 years old on or before polling day, the person must apply for registration before the date fixed by the Commissioner for temporary closure of rolls under section 33 (1)
Source: The Electoral Law, Article 13: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
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: a) The Supreme Court
b) The Electoral Commissioner
Source: The Electoral Law 2019, Article 85 and 86: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
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 Commission has the functions to conduct elections of members of Parliament and referendums.
Source: The Electoral Commission Act 2019, Article 4(1): https://www.palemene.ws/wp-content/uploads/Electoral-Commission-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: Within six (6) months of the end of each financial year, the Electoral Commissioner shall prepare and provide to the Minister an annual report on the work of his office. Upon receipt, the Minister shall lay the report before the Legislative Assembly.
Source: Samoa Constitution, Article 94: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department
Comments: Before being submitted to the Minister, the financial statements and accounts of the Electoral Commission shall be approved and audited by the Controller and Chief Auditor.
Source: Samoa Constitution, Article 97A: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
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 term for which a Member is elected which is every five years from the date of the general elections.
Source: The Electoral Act 2019, Article 2: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Commissioner must act independently and must not be subject to any direction or order of any other person (except for a court direction or order).
Source: The Electoral Commission Act 2019: Article 5: https://www.palemene.ws/wp-content/uploads/Electoral-Commission-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Commissioner must appoint for a polling booth an Assistant Electoral Officer to conduct the poll at the booth and 1 or more poll clerks to assist the Assistant Electoral Officer, and may appoint such additional Assistant Electoral Officers and poll clerks and such interpreters as he or she considers necessary.
Source: The Electoral Act 2019, Article 56: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments:
Source:
Verified: 2021/04/09
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
Comments: The position of Electoral Commissioner is to be appointed by the Head of State acting on the advice of Cabinet.
Source: The Electoral Commission Act 2019, Article 7: https://www.palemene.ws/wp-content/uploads/Electoral-Commission-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: The Electoral Commission to provide information on electoral matters and referendums; to undertake training, public awareness and education programmes.
Source: The Electoral Commission Act 2019, Article 4(c) and 4(h): https://www.palemene.ws/wp-content/uploads/Electoral-Commission-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
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: 2021/04/09
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: The Electoral Commissioner shall undertake public awareness and education programs concerning Samoa’s electoral system and laws.
Source: The Electoral Commission Act 2019, Article 4(h): https://www.palemene.ws/wp-content/uploads/Electoral-Commission-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
f . 21
Comments: A person is qualified to be registered as a voter if the person is 21 years old or above 21 years old
Source: The Electoral Act 2019, Article 14: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
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 is qualified to be registered as a voter is the person is (a) 21 years old or above; and (b) a Samoan citizen;
Source: The Electoral Act 2019, Article 14: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
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 Electoral Commission has the functions to register voters and maintain election rolls and determine issues of eligibility of voters and candidates and other complex issues in a timely manner prior to the closing of rolls or immediately prior to polling day.
Source: The Electoral Commission Act 2019, Article 4 (j): https://www.palemene.ws/wp-content/uploads/Electoral-Commission-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Every person qualified to be registered as an elector or a voter shall (if he or she is in Samoa) make application in the prescribed form to the Commissioner of Electors for registration as an elector or voter within one month after the date upon which he or she turns 21 years old.
Source: The Electoral Act 2019, Article 13 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
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) e . Minimum number of candidates
Comments: An eligible political Party may apply to the Commissioner to be registered for the purpose of this Act. The application must be (a) in writing; and (b) signed by the secretary; and (c) must set out the name of the Party, set out the abbreviation of the name if the Party wishes to use an abbreviation, set out the name and address of the Office of the Party or the Secretary, attach a statutory declaration signed by the Secretary that the Party has a minimum of 8 financial Members who are eligible to enroll as voters, and be accompanied by the registration fee of $3,000.
Source: The Electoral Act 2019, Article 4: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
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: A person is qualified to run as a candidate for elections if that person: (a) is a citizen of Samoa; and (b) is a registered voter of a constituency; and (c) is a holder of a registered matai title for the Constituency the person intends to represent; and (d) has resided in Samoa for a minimum of three (3) years ending with the day on which the nomination paper is lodged with the Commissioner; and (e) has rendered monotaga in his or her village for a minimum of three (3) years ending on the day in which the nomination paper is lodged with the Commissioner; and (f) is not disqualified under the Constitution, any other Act.
Source: The Electoral Act 2019, Article 8: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments: A Member elected as an independent Member who takes the oath of allegiance as an independent Member must remain as an independent Member for the Parliamentary term.
Source: The Electoral Act 2019, Article 140 (4): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
e . No information available
Comments:
Source:
Verified: 2021/04/10
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source:
Verified: 2021/04/10
PC017
Question: Are political parties entitled to private funding?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
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 Commissioner must make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll.
Source: The Electoral Act 2019, Article 81 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
e . Court order
Comments: Where any candidate has reason to believe that the declaration by the Commissioner of the number of votes received by a candidate is incorrect, and that on a recount the first-mentioned candidate might be found to be elected, he or she may, within 3 days after the public notice of the result of the election, apply to a District Court Judge for a recount of the votes.
Source: The Electoral Act 2019, Article 85 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
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:
Source:
Verified: 2021/04/10
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2021/04/10
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: 2021/04/10
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: 2021/04/10
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments:
Source:
Verified: 2021/04/10
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:
d . No information available
Comments:
Source:
Verified: 2021/04/10
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2021/04/10
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
Comments: C. Only accessible to Special Voters who can vote anywhere in the country.
Source: The Electoral Act 2019, Article 63 and 64: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
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: No mention of overseas voting
Source: The Electoral Act 2019, Article 63 and 64: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: The voter, having received a ballot paper, must immediately go into one of the inner compartments provided for marking his or her vote, and must there alone and secretly indicate on the ballot paper the candidate he or she desires to vote for by marking a tick (√) in a square set opposite to the name that candidate.
Source: The Electoral Act 2019, Article 71 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
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