SoE gains new recount powers

Fiji’s amended electoral laws now distinguish between corrupt and illegal electoral practices.

Serious offences could result in imprisonment, fines and a four-year disqualification from voter registration.

Manager Legal at the Fijian Elections Office, Mesake Dawai has explained that the changes apply across the Electoral Act 2014, the Registration of Voters Act 2012 and the Political Parties Act.

Under the amended Electoral Act, a person convicted of a corrupt electoral practice can face up to two years in prison.

The maximum fine is $100,000 for a political party, $40,000 for a candidate or polling agent, and $10,000 for other individuals. Courts can impose both a fine and imprisonment.

Those convicted of corrupt electoral practices will also be disqualified from registering on the National Register of Voters for four years.

Illegal electoral practices carry financial penalties of up to $40,000 for political parties, $20,000 for candidates or polling agents, and $5,000 for other individuals.

Dawai adds that the amendments also give the Supervisor of Elections authority to order or conduct an official recount and overturn a presiding officer’s earlier decision.

The changes are intended to address situations where complaints arise over decisions made during counting, including disputes involving invalid votes.

The amended laws also allow the Supervisor of Elections to remove people convicted of corrupt electoral practices from the National Register of Voters.

Another change replaces the term mental disorder in voter qualification provisions with psychosocial disabilities.

Dawai states that the amendments also reduce the restricted radius around polling venues from 300 metres to 100 metres and allow the Supervisor of Elections to change pre-poll arrangements in circumstances beyond the office’s control, including severe weather and flooding.