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Electoral Amendment Act 1995

SAMOA

ELECTORAL AMENDMENT ACT 1995

______________

Arrangement of Provisions

Title
1. Short title
2. Interpretation
3. Deletion of words" Chief Returning Officer"
4. Who may be candidates for election as members
5.How vacancies created
6.Registrar of Court to notify cause of vacancy in certain cases
7.Qualifications of Electors
8.Disqualification for registration and detention in prison pursuant to conviction
9.Revision of Electoral Rolls
10.Removal of names from roll
11.Corrupt Practices List
12.Composite Rolls
13. Dormant files and other miscellaneous matters
14. Wilfully misleading Registrar
15. Head of State's warrant for issue of writs
16. Writs for general elections
17. Speaker's warrant for issue of writ
18. Writ for by-election
19. When Head of State to act for Speaker
20. Acceptance or rejection of nomination
21. Withdrawal of nomination
22. Form of ballot papers
23. Name of political party
24. Questions may be put to elector or voter
25. Issue of ballot papers
26. Prevention of Irregularities as to ballot papers
27. Interfering with or influencing elections or voters
28. Publishing defamatory matters at election time
29. Erasing or altering official mark on ballot papers
30. Undue influence
31. Election petitions
32. Amendments to First Schedule

Schedule

____________

1995, No. 1

AN ACT to amend the Electoral Act 1963.

[24 January 1995]

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:-

1. Short title - (1) This Act may be cited as the Electoral Amendment Act 1995 and shall be read together with and deemed part of the Electoral Act 1963 (hereinafter referred to as the principal Act).

2. Interpretation - (1) Section 2 of the principal Act is amended by inserting in the proper alphabetical positions the following new definitions:

"Chief Electoral Officer" means the Chief Electoral Officer appointed under this Act and includes any person authorised to exercise the powers duties and functions of the Chief Electoral Officer.

"Minister" means the Minister for the Legislative Assembly.

"Writ" means a writ for an election issued under this Act.

"Writ day" in relation to any election, means the day of the issue of the writ for that election.

3. Deletion of words "Chief Returning Officer" The words "Chief Returning Officer" whenever they appear in the principal Act shall be deleted and the words "Chief Electoral Officer" substituted therefore.

4. Who may be candidates for election as members (1) Subsection (1) of section 5 of the principal Act is amended by inserting immediately after the word "constituency" where that word first occurs the words "is the holder of a Certificate of Identity pursuant to section 135A of that Act"

(2) Subsection (3) of Section 5 of the principal Act is amended by inserting immediately after the word "constituency" where it appears for the second time, the words "or that person has not resided in Western Samoa for a period equalling or exceeding 12 months ending with the day on which the Nomination paper is lodged with the Chief Electoral Officer".

(3) Subsection (4) of Section 5 of the principal Act is amended by inserting immediately after the word "voter" the words "or that person has not resided in Western Samoa for a period equalling or exceeding 12 months ending with the day on which the Nomination paper is lodged with the Chief Electoral Officer.

(4) Nothing in subsection (2) or subsection (3) of this Act applies to –

(a) A person who is appointed to a post under the Foreign Affairs Act 1976 and is outside of Western Samoa during the course of that appointment.

(b) A person who is the spouse of the person so described.

(5) Subsection (5) (b) of Section 5 of the principal Act is amended by inserting the words "within the immediately preceding 4 years after the offence" after the word "upwards" and before the words "or has been convicted", and by omitting all the words after the words "corrupt practice".

5. How vacancies created -(1) Section 10 paragraph (e) of the principal Act is amended by omitting all the words after the words "corrupt practice," and insert thereby the words "or is reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or"

(2) Section 10 of the principal Act is further amended by inserting a new paragraph to be known as paragraph (1) as follows:-

"(1) If he is proved to the satisfaction of a Committee of the Legislative Assembly to have acted for commission or other reward as agent on behalf of the owner or for any other person having an interest in any land for the purpose of securing the purchase or acquisition of that land by the Government."

6. Registrar of Court to notify cause of vacancy in certain cases -Section 12 of the principal Act is repealed and the following section substituted therefore:-

"12. Registrar of Court to notify cause of vacancy in certain cases -(1) The Registrar of the Supreme Court shall, within 48 hours after adjudication as a bankrupt of a member of Parliament or after his conviction of an offence punishable by death or by imprisonment for a term of 2 years or upwards or after he has been convicted of a corrupt practice notify the fact to the Speaker or to the Head of State if there is no Speaker or if the Speaker is absent from Western Samoa.

(2) Every Registrar who fails to send any notice required by this Section commits an offence and shall be liable on summary conviction to a fine not exceeding $50.00 for every day during which he fails to send such notice.

7. Qualifications of Electors -(1) Subsection (2) paragraph (a) of section 16 of the principal Act is amended by omitting all the words after the words "title exists" where they appear for the second time and substituting therefore the words "as he may choose once between general elections".

(2) Subsection (2) paragraph (b) subparagraph (ii) of section 16 of the principal Act is amended by omitting the words "at any time" and substituting therefore the words; "choose once between general elections; or"

8. Disqualification for registration and detention in prison pursuant to conviction - (1) The principal Act is amended by inserting immediately after Section 16A the following new sections –

"16B. Disqualification for registration - (1) The following persons are disqualified for registration as electors or voters.

(a) A person who is detained in a hospital, a prison or some other place of security under the Mental Health Ordinance 1961.

(b) A person detained in any prison pursuant to a conviction.

(2) The Registrar of the Court in which any order or conviction is made shall not later than the 5th day of the month next succeeding the date of the order or conviction forward to the registrar the name, place of residence and description of the patient or offender and particulars of the order or conviction."

"16C. Detention in prison pursuant to conviction -Where a person who has been sentenced to a full time custodial sentence is received into a prison in which that person is to serve the whole or part of that Sentence the Gaoler of that prison shall not later than the 5th day of the month next succeeding the date of the conviction forward to the Registrar a notice showing –

(a) The name, previous residential address and date of birth of that person.

(b) The name and address of the prison.

9. Revision of Electoral Rolls - (1) The principal Act is amended by inserting immediately after section 18 the following new section –

"18A. Revision of Electoral Rolls - (1) The Registrar shall direct an enquiry to be made concerning the particulars of all persons whose names are on the roll.

(2) The Minister may from time to time issue a public notice specifying a period during which the enquiries directed under subsection (1) are to be undertaken and shall where practicable publish such notice in every year in which a Parliament is due to expire.

(3) Where a Parliament is dissolved while an enquiry under subsection (1) of this section is in progress the Registrar shall not be obliged to complete that enquiry.

(4) Every enquiry shall be in the prescribed form and shall require the person to whom it is addressed to sign and return the form together with any corrections to the Office of the Registrar.

(5) Every completed form accepted by the Registrar as being in order shall be deemed to be an application for registration as an elector.

(6) Where the Registrar receives during a period specified under subsection (2) of this section or within 6 days before the commencement of any such period a duly completed application for registration as an elector that application shall be deemed to be a completed form under this section.

(7) The completed form shall contain the particulars specified in form 1A in the Schedule of this Act.

(8) Where any person fails to respond to an enquiry under subsection (2) of this section the Registrar shall after making such further enquiry as he thinks fit remove the name of that person from the roll.

(9) Nothing in this section shall affect the provisions of this Act as to the production of a valid Certificate of identity required under the provisions of Section 70B of this Act.

10. Removal of names from roll -(1) The principal Act is amended by repealing section 32 subsection (1) paragraph (b) and substituting the following therefore –

"(b) The name of every person of whose identity the Registrar is satisfied and whose death has been notified to him in writing –

(i) By the Registrar of Births and Deaths; or

(ii) By the spouse, father, mother, brother, sister or child of the deceased and provided that the person so advising the Registrar is at least 18 years of age."

(2) The principal Act is further amended by adding the following new paragraph to section 32 subsection (1).

"(d) The name of every person whose name is entered on the Corrupt Practices List made out for that Constituency or for the individual voters."

(3) Subsection 32 (2) is amended by omitting all the words after the words "roll at any time".

(4) Section 32 is further amended by adding the following new subsections -"(5) In addition to other powers of alteration conferred by this Act, the Registrar may at any time, subject to subsection (3) of this section, alter the roll –

(a) By correcting any mistake or omission in the particulars of the enrolment of a person.

(b) By striking out the superfluous entry when the name of a person appears more than once on the roll."

(6) Where an error made by or on behalf of the Registrar has resulted in a person being registered as an elector of a constituency other than the constituency in respect of which the person should have been registered; and

(7) Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Registrar shall, on removing that name, enter it on a list to be known as the "list of post-writ day deletions."

11. Corrupt Practices List -The principal Act is amended by inserting immediately after section 32 the new section –

"32A. Corrupt Practices List - (1) Where it is proved before the Registrar that any person who is registered or who applies for registration as an elector or voter has within the immediately preceding period of 4 years –

(a) Been convicted of a corrupt practice; or

(b) Been reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice, -the Registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

(2) The Registrar shall remove the name of every person from the Corrupt Practices List at the expiration of 4 years from the date of the conviction or report in respect of which his name is entered on the list, or sooner if so ordered by the Supreme Court.

(3) Whenever a main roll is printed for the constituency or individual voters a copy of the Corrupt Practices List for the constituency or individual voters shall be appended to it and printed and published with it.

(4) Whenever a supplementary roll is printed for the constituency or individual voters a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the constituency or individual voters shall be appended to the supplementary roll and printed and published with it."

12. Composite Rolls - The principal Act is amended by inserting immediately after section 36 the following new sections:

"36A. Composite Rolls - (1) The Registrar may from time to time cause to be printed a composite roll for the constituency or individual voters which roll –

(a) Shall subject to any additions alterations and deletions made to the electoral roll for the constituency or individual voters contain a list of –

(i) All persons whose names appear on the main roll for the constituency or individual voters; and

(ii) All persons whose names appear on any existing supplementary roll for the constituency or individual voters; and

(iii) All persons whose names do not appear on the main roll for the 1995, No.1Electoral Amendment constituency or individual voters or any existing supplementary roll for the constituency on a date to be fixed for the closing of that composite roll by the Registrar; and

(b) Shall subject to paragraph (a) of this subsection be printed in the manner prescribed by section 35 of this Act in respect of a main roll.

(2) Where the date for the closing of a composite roll for a constituency or individual voters is writ day in relation to an election in that constituency or for individual voters the Registrar of Electors –

(a) Shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and

(b) Shall not be obliged to issue a supplementary roll under the provisions of section 36(1) of this Act in relation to that election.

(3) Where a composite roll for a constituency or individual voters is printed under this section-

(a) The composite roll shall, notwithstanding section 34 of this Act, be the main roll until a new main roll is printed for the constituency under section 34(1) of this Act or a new composite roll is printed for the constituency or individual voters under this section; and

(b) The main roll and any supplementary rolls that were in force for the constituency or individual voters immediately before the date of the closing of the composite roll shall cease to be in force.

(4) Nothing in this section –

(a) Limits the provisions of section 34(1) of this Act; or

(b) Prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining -

(i) Whether any person's name should appear on the main roll or any supplementary roll for the time being in force for any constituency or individual voters; or

(ii) Whether any person is qualified to vote in any constituency or individual voters as a special voter."

36B. Composite rolls required for by-elections

Notwithstanding anything in section 34 of this Act, the Registrar shall cause a composite roll for that constituency or for individual voters to be closed and printed as at writ day for the by-election.

13. Dormant files and other miscellaneous matters -The principal Act is amended by inserting immediately after section 39 the following new sections:

39A. Dormant file -The Registrar shall create a dormant file showing the particulars of those persons whose names have been removed from the roll for the constituency or individual voters as a result of the latest revision of the roll under section 18A of this Act.

39AA. Removal of names from dormant file by Registrar -(1) The Registrar shall remove from the dormant file –

(a) The name of any person who registers as an elector after the revision of the roll under section 18A of this Act has been completed.

(b) The name of every person of whose identity the Registrar is satisfied and whose death has been notified to him in writing –

(i) By any Registrar of Births and Deaths; or

(ii) By the spouse, father, mother, brother, sister or child of the deceased provided that the person so advising the Registrar is at least 18 years of age.

(2) Notwithstanding subsection (1) of this section, the Registrar shall keep, for the purpose of the next election to be held in the constituency or for individual voters to which the dormant file relates, a copy of the dormant file as first created.

(3) Where more than one revision of the roll takes place under section 18A of this Act between 2 successive elections in a constituency or for individual voters, the Registrar shall keep, for the purposes of the later of these 2 elections, copies of each of the dormant files as first created.

39AB. Computer compiled list of names on dormant file -(1) The Registrar shall from time to time cause to be printed a computer compiled list showing the names and other particulars of the persons whose particulars are held in any dormant file.

(2) Copies of each computer compiled list printed pursuant to subsection (1) of this section shall be kept by the Registrar for the purposes of the next election to be held in the constituency or for individual voters to which the file relates.

39AC. Purposes of dormant file and computer compiled lists of names on dormant file -Each dormant file and each computer compiled list printed pursuant to section 39AB (1) of this Act may be used for the purpose of determining whether any persons is qualified, under section 16 of this Act, to vote at any election held in the constituency or for individual voters to which the file or list relates.

39AD. Inspection of computer compiled list of names on dormant file -(1) A copy of the most recent computer compiled list printed pursuant to section 39AB of this Act for a constituency or for individual voters shall be kept for inspection by the public at the office of the Registrar.

(2) Any person may inspect at the Registrar's 12Electoral Amendment 1995, office without payment at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business any computer compiled list that is kept for inspection by the public at the Registrar's office.

(3) The Registrar may, at the request of any person, make any computer compiled list printed pursuant to section 36B of this Act available for public inspection, under the supervision of any Deputy Registrar if the Registrar is satisfied that a large number of persons are likely to attend the meeting.

(4) Where a list is made available for public inspection under subsection (3) of this section, that list shall be made available at such times and places as the Registrar thinks fit.

(5) In the case of a computer compiled list, neither the power of inspection conferred by subsection (2) of this section nor the power to inspect the list when it is made available for public inspection under subsection (4) of this section includes the power to copy the list.

14. Wilfully misleading Registrar -Section 41 subsection (1) of the principal Act is amended by omitting "$100" and substituting "$500" therefore.

15. Head of State's warrant for issue of writs

Section 44 of the principal Act is repealed and the following section is substituted therefore:

"44. Head of State's warrant for issue of writs-For every general election the Head of State shall not later than 7 days after the day of the dissolution or expiration of the then last Parliament as the case may be by warrant under his hand direct the Chief Electoral Officer to proceed forthwith to issue writs for the election of members of Parliament for all Territorial Constituencies and Individual Voters."

16. Writs for general elections - Section 45 of the principal Act is repealed and the following new sections are substituted therefore: 1995, No.1 Electoral Amendment 13

"45. Writs for general elections -On receipt of the Head of States warrant the Chief Electoral Officer shall within 3 days give public notice of the writs."

"45A. Content of writ -(1) In every writ for the election of a member of Parliament there shall be appointed:

(a) The latest day for nomination of candidates being a date not earlier than the 12th day and not later than the 14th day from writ day; and

(b) A day for the polling to take place if a poll is required, being a Friday; and

(2) Polling Day shall not be earlier than the 12th and not later than the 14th day after nomination day".

45B. Chief Electoral Officer to notify Registrar -The Chief Electoral Officer shall forthwith on signing a writ for an election to be held in any constituency or for individual voters cause a notice of the issue of the writ to be sent to the Registrar of Electors and Voters."

17. Speaker's warrant for issue of writ -Section 46 of the principal Act is repealed and the following section is substituted therefore:

"46. Speaker's warrant for issue of writ -(1) Where –

(a) Parliament is not in session; or

(b) The Legislative Assembly is adjourned and is not due to meet again for more than 14 days, - and it appears to the Speaker that the seat of any member has become vacant, the Speaker shall forthwith cause a notice of the vacancy and of the cause thereof to be published in the Gazette.

(2) Where the vacancy arises from death or resignation the Speaker shall, forthwith upon the publication of the notice in the Gazette, by warrant under his hand direct the Chief Electoral Officer to proceed forthwith to issue a writ to supply the vacancy.

(3) Where the vacancy arises from any cause other than death or resignation, then, as soon as conveniently may be after the expiration of 10 days from the date of the publication of the notice in the Gazette, the Speaker, on its being established to his satisfaction that a vacancy does exist, shall, by warrant under his hand, direct the Chief Electoral Officer to proceed forthwith to issue a writ to supply the vacancy.

(4) Where a vacancy exists at the commencement of any session and no writ has been issued to supply the vacancy, or where a vacancy occurs during a session, the Speaker shall forthwith upon being ordered to do so by the Legislative Assembly, by warrant under his hand, direct the Chief Electoral Officer to proceed forthwith to issue a writ to supply the vacancy.

(5) Nothing is subsections (1) to (4) of this section applies in respect of any vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

46A. Power to resolve in certain cases that by-election not be held -Notwithstanding anything in section 46 of this Act, no writ shall be issued for a by-election to supply a vacancy in the Legislative Assembly if –

(a) The vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament; or

(b) Following the tabling in the Legislative Assembly by the Prime Minister of a document informing the Assembly that a general election is to be held within 6 months of the occurrence of the vacancy.

46B. Writ for by-election-The Chief Electoral Officer shall as soon as reasonably practicable after receiving a warrant, but in any case not later than 21 days after the date of the receipt of the warrant, 1995, No.1Electoral Amendment issue a writ for election to supply the vacancy:

Provided that, in any case in which it appears to the Head of State to be appropriate may, by Order, authorise the Chief Electoral Officer to postpone the issue of a writ until such day as may be specified in the Order being not later than 42 days after the date of the receipt of the warrant.

19. When Head of State to act for Speaker -Section 47 of the principal Act is repealed and a new 47 is substituted therefore –

"47. When Head of State to act for Speaker

Where a vacancy occurs at a time when there is no Speaker or the Speaker is absent from Western Samoa, the Head of State shall cause a like notice to be inserted in the Gazette, and the like proceedings to be taken as are provided for in section 46 of this Act.

20. Acceptance or rejection of nomination

Subsection (1) of Section 50 of the principal Act is amended by inserting immediately after paragraph (a) the new paragraph (a)(i):

"(a)(i) If the consent of the Candidate does not state that he or she is qualified to be elected a member of Parliament in terms of Part II of the Electoral Act 1963 and of any other enactment.

21. Withdrawal of nomination -Section 52 sub-section (1) of the principal Act is amended by omitting the words and figure "5 clear days before polling day" and substituting therefore "noon on nomination day".

22. Form of ballot papers -(1) Section 56 of the principal Act is repealed and substituted therefore the following section:-

"56. Form of ballot papers -(1) The ballot papers to be used at any election shall be in form 7.

(2) Forthwith after nomination day for an election, the Chief Electoral Officer shall, if a poll is required to be taken, cause ballot papers to be printed in sufficient numbers for the election.

(3) Every ballot paper shall contain a list of all the persons nominated as candidates who have not withdrawn their nominations (which list shall be in the manner prescribed by this Act).

(4) On the ballot paper, -

(a) The names of candidates shall be arranged alphabetically in order of their surnames;

(b) The given names of the candidates shall follow the candidates surname;

(c) The surnames of the candidates shall (except in the case of a special ballot paper that is not printed) be in large characters and bold type;

(d) The name of the political party of the candidate, if any, -

(i) Shall be shown immediately below the candidate's name; and

(ii) Shall be in characters that are smaller than those used for the surname of the candidate; and

(iii) Shall not be in bold type:

(e) Such other matter, if any, as may be necessary to distinguish the names of the candidates shall be shown.

(5) No candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election, but shall have the word "independent" shown on the ballot paper immediately below that candidate's name.

(6) Subject to subsection (4) (e) of this section, no other identification, such as occupation, title, honor, or degree, shall be included on the ballot paper in relation to any candidate's name or political party.

(7) A square shall be shown on the ballot paper to the right of each candidate's name.

(8) Every ballot paper shall have a counterfoil in form 8.

(9) There shall also be printed on the top right-hand corner of every ballot paper and in the space provided in the counterfoil attached thereto, a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive, so that no 2 ballot papers for the Constituency or Individual Voters shall bear the same number.

(10) Where any question arises concerning the order or manner in which the names of the candidates or the names of political parties are to be shown on the ballot paper, the Chief Electoral Officer shall decide the question.

23. Name of political party -The principal Act is amended by adding immediately after section 56 the following section:-

"56A. Name of political party -(1) Where a name is shown on a nomination paper or other document on which a candidate consents to his or her nomination as the name of the candidate's political party, the Chief Electoral Officer may, if he or she considers it necessary, require the candidate to produce evidence sufficient to satisfy the Chief Electoral Officer of the candidate's eligibility to claim that accreditation.

(2) Where the Chief Electoral Officer considers that the name shown on the nomination paper or other document as the name of the candidate's political party is indecent or offensive or excessively long or likely to cause confusion to or mislead electors, -

(a) the Chief Electoral Officer shall, after consultation with the candidate, show on the ballot paper as the name of the candidate's political party such name as the Chief Electoral Officer and the candidate agree upon in place of that shown on the nomination paper or other document:

(b) If on such consultation the Chief Electoral Officer and the candidate cannot agree, or if consultation is not reasonably practicable, the Chief Electoral Officer shall not show any name on the ballot papers as the name of the candidate's political party.

24. Questions may be put to elector or voter

Subsection (4) of section 69 of the principal Act is amended by omitting "$40" and substituting "$100" therefore.

25. Issue of ballot papers -Subsection (5) of section 70 of the principal Act is amended by omitting "$20" and substituting "$100" therefore.

26. Prevention of irregularities as to ballot papers -(1) Section 88 paragraph (e) of the principal Act is amended by adding the words "on conviction" immediately after the word "liable".

(2) Section 88 paragraph (e) of the principal Act is further amended by omitting "$100" and "6 months" and substituting therefore "$500" and "1 year" respectively.

(3) Section 88 paragraph (f) of the principal Act is amended by adding the words "on conviction" immediately after the word "liable".

(4) Section 88 paragraph (f) of the principal Act is further amended by omitting "$100" and substituting "$500" therefore.

(5) Section 88 paragraph (g) of the principal Act is further amended by adding the words "on conviction" immediately after the word "liable".

27. Interfering with or influencing elections or voters -(1) Section 89 subsection (1) of the principal Act is amended by adding the words "on conviction" immediately after the word "liable".

(2) Section 89 subsection (1) of the principal Act is further amended by omitting "$100" and substituting "$500" therefore.

28. Publishing defamatory matters at election time -Section 90 of the principal Act is amended by (1) adding the words "on conviction" immediately after the word "liable" (2) by omitting "$100" and substituting "$500" therefore (3) by omitting "3 months" and substituting "6 months" therefore.

29. Erasing or altering official mark on ballot papers-Section 91 of the principal Act is amended by (1) adding the words "on conviction" immediately after the word "liable" (2) omitting "$100" and substituting "$500" therefore.

30. Undue influence -Subsection (1) of section 98 of the principal Act is amended by adding a new paragraph (c) -

"(c) By himself or any other person on his behalf withholds a certificate of identity belonging to another elector or voter and in doing so induces that elector or voter to vote for a particular candidate, or prevents that elector or voter from voting for a particular candidate or from voting in that election."

31. Election petitions -Section 105 of the principal Act is hereby amended by omitting the whole of subsection (1) and in substitution therefore the following:

Section 105 -An election petition may be presented to the Supreme Court by one or more of the following persons:

(a) A person claiming to have had a right to be elected or returned at the election:

(b) A person alleging himself to have been a candidate at the election:

Provided however that no petition can be filed by a person who polled less than 50% of the total number of votes polled by a person elected or returned at the election.

32. Amendments to First Schedule -(1) Form 1A in the First Schedule of the principal Act is amended by:-

(i) Adding the words "village claimed" immediately before the word "full" where it first appears in the declaration of Party System.

(ii) No.4 is amended by inserting before the words "of any practice" and after the words "Western Samoa" the words "or is reported by the Supreme Court in its report on a trial of an election petition to have been proved"

(iii) Inserting the words "or your spouse" immediately after the word "parents" and before the word "hold".

(2) Form 5 in the Schedule of the principal Act is repealed and substituted therefore Form 5 as provided in the Schedule of this Act.

(3) Form 7 in the principal Act is repealed and a new Form 7 as provided in the Schedule is substituted therefore.

SCHEDULE

Form 5

NOMINATION PAPER

To the Chief Electoral Officer for the Constituency
WE, the undersigned registered electors of the Constituency, registered
individual voters, hereby nominate
[Name], of [Residence and occupation], a registered
elector of the Constituency, a registered individual voters, with his [or her] consent, as a candidate at the election of a member of Parliament for the
Constituency, Individual Voters the poll for which is appointed for Saturday the day of 19.

Dated this day of 19
.
[Signatures and full names, residences, and occupations of 2
or more electors nominating.]

I, [Name], being qualified to be a candidate and to be elected a member of Parliament in terms both of Part II of the Electoral Act 1963 and of any other enactment, hereby consent to the above nomination.

My name will fit on the ballot paper.

As my name is too long to fit on the ballot paper,

I wish my given names to be shown on the ballot paper as ..........................................

[Complete the second alternative, unless the Chief Electoral Officer agrees both that the candidate's name will fit on the ballot paper and that the second alternative is the alternative to be deleted].

*The name of my political party is ................

*I am an independent candidate.

[Signature, residence, and occupation of person nominated.]

*Delete whichever is inapplicable.

Form 7

VOTE HERE

FAAOSO, Pale HUMAN RIGHT PROTECTION
FALEFA, Sole SAMOA NATIONAL DEVELOPMENT
SASULU, Tolu SAMOA LIBERAL
TUITUI, Tolu independent

DIRECTIONS

(Read carefully before voting)

1. Vote for only one candidate.

2.Vote by putting a tick in the circle immediately after the name of the candidate you choose.

3.After voting, fold the ballot paper so that its contents cannot be seen and place it in the ballot box.

4.If you spoil this ballot paper, return it to the officer who issued it and apply for another.

5.You must not take this ballot paper out of the polling booth.

__________

Apia, Western Samoa: Printed under the authority of the Western Samoa Government, by A.F. Tevaga, Government Printer-1995

WESTERN SAMOA