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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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments: The legislative framework reference is embedded in the constitution.
Source: Samoa Constitution, Article 44: 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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
b . Citizen population
Comments: A person shall be qualified to be elected as a Member of Parliament who: (a) is a citizen of Samoa; and (b) is not disqualified under the provisions of this Constitution or of any Act.
Source: Samoa Constitutions: 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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source:
Verified: 2005/03/07
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
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:
Source:
Verified: 2021/04/09
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments:
Source:
Verified: 2021/04/09
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level c . Regional/provincial level
Comments: Subject to the provisions of this Article, the Legislative Assembly shall consist of one member elected for each of 51 electoral constituencies.
Source: Samoa Constitution, Article 44: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2021/04/09
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: Subject to this Article, women Members of the Legislative Assembly shall consist of a minimum of 10% of the Members of the Legislative Assembly. If, following any general election: all members elected are men, the prescribed number of women candidates (if any) with the highest number of votes shall become additional Members.
Source: Samoa Constitution, Article 44 (1A) and (1B): https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
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: 2021/04/09
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: Members are elected through plurality.
Source:
Verified: 2021/04/09
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: 2021/04/09
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments:
Source:
Verified: 2021/04/09
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2021/04/09
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) b . Elections can be called at any time (specify by whom)
Comments: Terms of Office nominally 5 years, parliament can be dissolved earlier by the Head of State in consultation with a prime minister that commands a majority in parliament. The Head of State can also dissolve parliament if the office of Prime Minister is vacant, and there is no likelihood that a member of parliament can command enough support to be elected as Prime Minister.
Source: Samoa Constitution, Article 63: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
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: 2021/04/09
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: There shall be a general election of the Legislative Assembly at such time within 3 months after every dissolution of the Assembly as the Head of State appoints by notice in the Samoa Gazette.
Source: Samoa Constitution, Article 64: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: Latest amendment was made in 2019
Source: The Electoral Act 2019: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-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
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments: There are no provision for this to occur in the legislation, but legislation does not exclude this happening.
Source: The Electoral Law 2019: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
Source:
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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
a . President d . Legislature
Comments: There shall be a Supreme Court of Samoa, which shall be a superior Court of record and shall consist of a Chief Justice and such number of other Judges as may be determined by Act;
The Chief Justice of the Supreme Court shall be appointed by the Head of State, acting on the advice of the Prime Minister.
Source: Samoa Constitution, Article 65: https://www.palemene.ws/wp-content/uploads/Constitution-Eng.pdf (2021)
Verified: 2021/04/09
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates
Comments: Application to District Court for recount 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: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
d . Local Court
Comments: The recount is to be made in the presence of the District Court Judge or of an officer appointed by him or her for the purpose, and must as far as practicable be made in the manner provided in the case of the original count.
Source: The Electoral Law 2019, Article 85 (3) and (4): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
e . Legislature
Comments: Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of Samoa and laws having effect outside as well as within Samoa.
Source: Samoa Constitution, Article 43: https://www.palemene.ws/wp-content/uploads/Constitution-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
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature
Comments: The Commissioner must, within six (6) months of the return of the writ after a general election, prepare and provide to the Legislative Assembly a written report on the administration of that election.
Source: The Electoral Commission Act 2019, Article 6 (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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
d . Presidential/ Prime Minister appointment
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
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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement g . Internet
Comments: Through official website of Electoral Commission, Facebook posts and live stream in 2021 April General Election.
Source: Official website: https://www.oec.gov.ws/wordpress/ (2021);
Official Facebook page: https://www.facebook.com/oecsamoa (2021).
Verified: 2021/04/09
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2021/04/09
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
h . Not applicable
Comments:
Source:
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration b . Previous Conviction c . Detention d . Mental disability
Comments: The following persons are disqualified for registration as voters: (a) a person who is detained in a hospital, a prison or some other place of security under the Mental Health Act 2007; (b) a person detained in a prison under a conviction; (c) a person whose name is on the Corrupt Practices List.
Source: The Electoral Act 2019, Article 17: 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
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments: A person qualified 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. If a person is outside of Samoa and requests to register online he or she may apply to the Commissioner in the prescribed Form.
Source: The Electoral Act 2019, Article 13 (1) and 13 (2): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/09
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments: As soon as he or she turns 21 years old on or before polling day, the person is to register with the prescribed Form to the Commissioner as a voter within 1 month.
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
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
e . Appearance by voter at registration office i . Internet registration
Comments: If the person is in Samoa, a person making an application or declaration in respect of registration as a voter must do so in the prescribed form. At the time of receiving an application for registration or re-registration or transfer of registration as a voter, the Commissioner must obtain the necessary biometrics of the person seeking registration or re-registration or transfer of registration. If the person is outside Samoa, the person can register online.
Source: The Electoral Act 2019, Article 13 (2), 20 (1) and 20 (4): https://www.palemene.ws/wp-content/uploads/Electoral-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
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2021/04/10
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration c . Criminal record h . Bankruptcy or Insolvency k . Mental health problems o . Other
Comments: A person is disqualified from contesting as a candidate for elections if that person (a) loses a qualification required to enable him or her to be registered as a voter of that constituency; or (b) does not have a statutory declaration, in the prescribed form, witnessed by a barrister and solicitor of the Supreme Court in the private sector; of (c) is an undischarged bankrupt; or (d) has been convicted in a Samoa or another country within the previous eight years from the date nomination is made or convicted or found guilty in Samoa of a corrupt practice and whose name has not been removed from the Corrupt Practices List; or (e) is of unsound mind and is subject to an order of medical custody made under the Mental Health Act 2007.
Source: The Electoral Act 2019, Article 8 (2): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source:
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
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: 2021/04/10
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
Source:
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
d . Not Applicable
Comments:
Source:
Verified: 2021/04/10
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
e . Not Applicable
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
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
d . Not Applicable
Comments:
Source:
Verified: 2021/04/10
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2021/04/10
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2021/04/10
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2021/04/10
Vote Counting
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
Source:
Verified: 2021/04/10
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
Source:
Verified: 2021/04/10
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
b . Preliminary count of all ballots in ballot box j . Sorted into piles according to individual party/candidate l . Counted by hand q . Copies of results are provided to observers r . Observers and party agents are permitted to take their own copies of the results
Comments: See details in Article 83: procedures of counting votes
Source: The Electoral Act 2019, Article 83: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
e . National level
Comments: When all the ballot papers have been dealt with, the Commissioner having ascertained the total number of votes received by each candidate, must immediately declare the result of the poll including the number of votes received by each candidate by giving public notice in the prescribed Form and report the result of the poll to the Head of State.
Source: The Electoral Act 2019, Article 84 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots b . Unused and spoiled ballots c . Counterfoils of used ballots d . Voter rolls f . Certificate of result g . Ballot boxes
Comments: Detailed in Article 77
Source: The Electoral Act 2019, Article 77: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
j . Other
Comments: The Presiding Officer accompanied by a police officer must forward all the parcels mentioned in this section to the Commissioner.
Source: The Electoral Act 2019, section 77 (3): 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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2021/04/10
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
b . An individual candidate
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
VC014
Question: If recounted, who conducts the recount?
Answer(s):
a . National Election Management body h . Courts
Comments: The recount is to be made in the presence of the District Court Judge or of an officer appointed by him or her.
Source: The Electoral Act 2019, Article 85 (4): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments: The preliminary result shall be announced at the polling booth at which he or she presides and arrange for the result of the voting to be transmitted as soon as possible to the Commissioner.
Source: The Electoral Act 2019, Article 77 (d): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments: Upon receipt of the report, the Head of State shall: (a) receive from the Commissioner the return of the writ issued by the Head of State to the Commissioner to conduct elections; and (b) by warrant under his or her hand declare the successful candidate or candidates to be elected.
Source: The Electoral Act 2019, Article 84 (2): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
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:
b . days:
Comments: On the scrutiny of the ballots has occurred the Chief Electoral Officer reports the result of the poll to the Head of State who shall then declare the successful candidate to be elected.
Source: The Electoral Act 2019, Article 84 (2): 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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments: A person qualifies to pre-poll if the person: (a) travels outside Samoa during the designated period; (b) is 65 years old or above; (c) is a person living with disabilities.
Source: The Electoral Act 2019, Article 61 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
e . Other
Comments: A person who qualifies for pre-polling must apply to the Commissioner after the day of closure of rolls ending Friday at 4.00 pm on the week before the period designated.
Source: The Electoral Act 2019, Article 61 (2): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
b . Disabled persons f . Other
Comments: A person qualifies to pre-poll if the person: (a) travels outside Samoa during the designated period; (b) is 65 years old or above; (c) is a person living with disabilities.
Source: The Electoral Act 2019, Article 61 (1): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
Verified: 2021/04/10
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments: Only six (6) voters are allowed in a polling booth at the same time; and only one (1) voter is allowed in an inner compartment.
Source: The Electoral Act 2019, Article 73 (1): 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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