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Cook Islands Sessional Legislation |
COOK ISLANDS
ELECTORAL ACT 1998
ANALYSIS
1. Short Title and Commencement
2. Interpretation
PART I
ELECTORAL OFFICE AND OFFICERS
3. Electoral Office
4. Chief Electoral Officer
5. Election Officials
PART II
QUALIFICATION OF MEMBERS, AND TENURE OF OFFICE
6. Crown Servants not to become Candidates
7. Members Disqualified from being Crown Servants
Tenure of Office
8. Tenure of Office
PART Ill
REGISTRATION OF ELECTORS
Electoral Registration Office and Officials
9. Electoral Registration Office
10. Chief Registrar of Electors
11. Registration Officials
Determining Place of Residence
12. Rules for Determining Place of Residence within the Cook Islands
Qualification of Electors
13. Qualifications for Registration of Electors
Registration
14. Compulsory Registration of Electors
15. Application for Registration by Electors
16. Procedure for Registration
Changes of Registration Details
17. Changes of Registration Details to be Notified
18. Effect of Failure to Notify Changes of Address
18A. Obligation to Provide Information
Objections to Registration
19. Objection by an Elector
20. Notice of Elector's Objection
21. Power to Remove Name from Roll
22. Power to Retain Name on Roll
23. Reference of Elector's Objection to High Court
24. Objection by Registrar
25. Determination of Objections
Electoral Rolls
26. Electoral Rolls
27. Closing and Printing of Rolls
28. Form of Main Roll and Supplementary Rolls
29. Public Inspection of Rolls and Supply of Copies
30. Power to Destroy Records
Offences in Relation to Enrolment
31. Offences in Relation to Enrolment
PART IV
CONDUCT OF ELECTIONS
By-elections
32. By-elections
Election Announcement
33. Public Notice of Nomination Day and Polling Day
Nominations
34. Nominations of Candidates
35. Consent to Nominations
36. Deposit by Candidate
37. Acceptance or Rejection of Nomination
38. Withdrawal of' Nomination
39. Transmission and Publication of Nominations
40. Offences in Relation to Nominations
41. Chief Electoral Officer to Exercise Powers of Returning Officer
Uncontested Elections
42. Unopposed Nomination
43. No Candidate Nominated
Retirement or Death of Candidate
44. Retirement or Death of Candidate
Polling at Elections
45. Contested Elections
46. Place of Ordinary Voting
47. Arrangements of Voting
48. Form of Voting Papers
49. Scrutineers
50. Declaration by Electoral Officials and Scrutineers
51. Electors to have Only One Vote
52. Hours of Polling
53. Employees to have Time Off to Vote
Voting
54. Ballot Boxes to Remain Closed During Poll
Maintenance of Order at Elections
55. Presiding Officer to Maintain Order
56. Persons Not to Remain in Booth
57. Electors Not to be Spoken to in Booth
58. Issue of Voting Papers
59. Procedure for Voting by Declaration
60. Method of Voting
61. Spoilt Voting Papers
62. Adjournment of Poll
Special Voting
63. Blind, Disabled or Illiterate Electors
64. Special Care Electors Unable to Attend Polling Booths
65. Voting as Special Electors
66. Special Votes in Advance
67. Ordinary Votes in Advance
Booth Count of Votes
68. Procedure After Close of Ordinary and Special Polling
69. Preliminary Count of Votes
70. Voting Papers to be Secured
Scrutiny of the Rolls
71. Scrutiny of the Rolls
Final Count and Declaration of Poll
72. Counting the Votes
73. Declaration of Result of Poll
Recount
74. Recount on Application by Candidate
75. Recount on Application by Returning Officer
76. Power of Court to Order By-election
Disposal and Custody of Voting Papers
77. Disposal of Voting Papers
Offences at Elections
78. Infringement of Secrecy
79. Interfering with or Influencing Electors
80. Publishing Defamatory Matter
81. Offences in Respect of Voting Papers and Ballot Boxes
82. Corrupt Practices
83. Bribery
84. Treating
85. Undue Influence
86. Personation
PART V
POSTAL VOTING
87. Voting by Postal Vote
88. Form of Postal Voting Paper
89. Method of Voting
90. Return of Voting Papers to Returning Officer
91. Voting Papers Received Before Close of Poll
92. Voting Papers Received After Close of Poll
93. Ballot Box
94. Procedure After Close of Postal Polling
95. Application of Act to Postal Voting
PART VI
DISPUTED ELECTIONS
Election Petitions
96. Election Petitions
97. Security for Costs
98. Candidate may Oppose Petition
99. Time for Holding Inquiry
100. Powers of Court on Inquiry
101. Certain Irregularities to be Disregarded
102. Result of Inquiry
103. Persons Committing Irregularities to be Prosecuted
104. Costs of Inquiry
105. Decision of High Court to be Final
106. Court of Appeal may Refer Appeals Back for Reconsideration
PART VII
MISCELLANEOUS PROVISIONS
107. Notification of Bankruptcy and Death
108. Requirements of Printing and Improvisation of Forms
109. Form and Transmission of Documents
110. Offences
111. General Penalty for Offences
112. Discretion of Chief Electoral Officer
113. Appropriation of Expenses for Elections
114. Regulations
115. Repeals and Savings
------------------------------
1998, No. 14
An Act to make provision for the election of Members of the Parliament of the Cook Islands.
(18 September 1998
BE IT ENACTED by the Parliament of the Cook Islands in session assembled and by the authority of the same as follows:
(1) This Act may be cited as the Electoral Act 1998,
(2) This Act shall come into force on a date to be determined by the Queen's Representative by Order in Executive Council.
(1) In this Act, unless the context otherwise requires –
"Bribery" has the meaning assigned to that term by section 83 of this Act;
"By-election" means any election other than a general election;
"Candidate" means any elector who has been nominated for election;
"Chief Electoral Officer" means the Chief Electoral Officer appointed pursuant to section 4 of this Act and includes his or her deputy;
"Chief Registrar of Electors" means the Chief Registrar of Electors appointed pursuant to section 10 of this Act and includes his or her deputy;
"Constituency" means a constituency referred to in the First Schedule of the Constitution;
"Constitution" means the Constitution of the Cook Islands as set out in the Second Schedule to the Cook Islands Constitution Amendment Act 1965 together with any amendments;
"The Cook Islands" means the Cook Islands as defined by the Constitution;
"Corrupt practice" means any of the offences specified in section 82 of this Act and sections 113 and 114 of the Crimes Act 1969 and similar offences in respect of any Commonwealth country;
"Court" means the High Court of the Cook Islands;
"Crown servant" means any person who is employed in the service of the Crown and remunerated by way of salary or wages but does not include any person whose salary is paid pursuant to the Civil List Act 1984 or any person remunerated only by way of allowances, commissions or fees;
"Elector" in relation to any constituency, means a person who is qualified and registered, as an elector for that constituency;
"Electoral Process" means the cycle of procedures that causes any candidate to be duly elected to office and includes all such procedures of appraisal immediately following the declaration of results of the poll;
"Electoral Roll" in relation to every constituency, means the forms of application for registration kept by the Chief Registrar of Electors of persons registered as electors for each constituency and includes any roll compiled pursuant to section 26 of this Act;
"Executive Council" means the Executive Council of the Cook Islands established under Article 22 of the Constitution;
"General Election" means an election that takes place after the dissolution of Parliament;
"Judicial Officer" means any Judge of the High Court of the Cook Islands or Court of Appeal of the Cook Islands and includes a Justice of the Peace for the Cook Islands appointed under the provisions of the Constitution;
"Main Roll" in relation to any constituency, means the principal roll printed for the constituency and for the time being in force;
"Medical practitioner" means any person registered to practice medicine under the Medical and Dental Practices Act 1976;
"Member" means a Member of Parliament;
"Minister" means the Minister of Justice;
"Minister of Religion" means a member of the clergy or a person ordained as a Minister, Pastor, Priest or other similar post in any religious organisation;
"Nomination Day" in relation to any election, means the day appointed for that election as the latest day for the nomination of candidates pursuant to section 33 of this Act;
"Notice in writing" includes notice by facsimile, telegram, radio or other similar electronic means and "notify in writing" has a corresponding meaning;
"Official mark" in relation to any document, means any mark enabling the identification of the polling booth or office in which that document was issued;
"Parliament" means the Parliament of the Cook Islands established by the Constitution;
"Personation" has the meaning assigned to that term by section 86 of this Act;
"Polling booth" and "Polling place", in relation to an election in any constituency, means the place provided for the casting of votes and in respect of postal voting, the office of the Returning Officer;
"Polling day" means the day fixed for the close of the voting;
"Presiding Officer" means an electoral official appointed to preside and actually presiding at any polling booth on the day of polling;
"Public notice", in relation to any act, matter, or thing required to be publicly notified, means the making of the act, matter, or thing generally known in the Cook Islands by any practicable means in addition to publication in the Cook Islands Gazette; and "publicly notify" has a corresponding meaning;
"Queen's Representative" means the representative of Her Majesty the Queen in the Cook Islands appointed under Article 3 of the Constitution;
"Registrar" means a Registrar of Electors appointed pursuant to section 11 (1)(a) of this Act in respect of the roll for which he or she is appointed;
"Registration Officer" means any person appointed pursuant to section 10 or section 11 of this Act;
"Residence" and "To Reside" have the meaning assigned thereto by section 12 of this Act;
"Returning Officer" means a Returning Officer appointed pursuant to section 5 of this Act and includes his or her substitute;
"Secretary" means the Secretary of the Ministry of Justice;
"Speaker" means the Speaker of Parliament;
"Special Elector" in relation to any election, means a person qualified under this Act to vote as a special elector at that election pursuant to section 65 of this Act;
"Supplementary Roll" in relation to any constituency, means the list of the names of electors whose names do not appear in the Main roll or any other roll for the time being in force;
"Transmit" means to pass on by facsimile, telegram, radio, or other similar electronic means;
"Treating" has the meaning assigned to that term by section 84 of this Act;
"Undue Influence" has the meaning assigned to that term by section 85 of this Act;
"Usual place of abode" means the place where a person normally resides as provided in subsection (2) of section 12 of this Act;
"Working Day" means any day of the week other than Saturday, Sunday or a public holiday;
(2) In this Act a reference to a numbered form is a reference to the form so numbered in the First Schedule to this Act.
(3) Except where the context otherwise requires, every reference in this Act or in any notice or other document given or made pursuant to any provisions of this Act to any specified day shall, in relation to any place outside the Cook Islands, be read as a reference to the day in that place that corresponds to that specified day in the Cook Islands.
PART I
ELECTORAL OFFICE AND OFFICERS
(1) There shall be an Electoral Office commissioned by the Minister for the purpose of administering any election under this Act.
(2) The Head of any ministry or department to which the Electoral Office is commissioned pursuant to subsection (1) of this section shall provide appropriate office space, adequate furniture and fixtures and relevant logistical support.
(1) There shall from time to time be appointed by Order in Executive Council -
(a) a Chief Electoral Officer, stationed in Rarotonga, who shall be charged with the duty of carrying the provisions (except for Part III) of this Act into effect; and
(b) a Deputy Chief Electoral Officer, stationed in Rarotonga, to act in the case of the illness, absence, resignation, death, or removal of the Chief Electoral Officer.
(2) A Deputy Chief Electoral Officer, while so acting, shall exercise the duties, and have the powers and authorities of the Chief Electoral Officer. The fact that a Deputy Chief Electoral Officer so acts shall be sufficient evidence of that person's authority to do so.
(1) The Chief Electoral Officer shall, in the event of any election, appoint any of the following election officials:
(a) a Returning Officer for each constituency, who shall be in charge of the election in the constituency for which he or she is appointed;
(b) a substitute for any Returning Officer to act in the case of the illness, absence, resignation, death, or removal of that officer.
(2) Any substitute appointed under this section, while so acting, shall exercise the duties and have the powers and authorities of the officer for whom he or she is acting, and the fact that any substitute so acts shall be sufficient evidence of his or her authority to do so.
(3) Any reference in this Act to one of the officers appointed under this section shall be deemed to include any substitute appointed for that officer.
(4) Every person appointed under this section shall discharge his or her duties and functions subject to the control of the Chief Electoral Officer, and shall comply with any directions issued by the Chief Electoral Officer from time to time.
(5) With the approval of the Chief Electoral Officer, every Returning Officer may appoint as many Presiding Officers and Poll Clerks or substitutes as he or she deems necessary for the effective taking of the poll at every polling booth, and every such Presiding Officer shall, subject to the control of the Returning Officer, exercise in and about the polling booth for which he or she is appointed all the powers and duties of the Returning Officer by whom he or she is appointed.
(6) Except for Scrutineers appointed under Section 49 of this Act, no election official shall hold any official position in connection with any political organisation.
(8) Any person may be appointed to hold two or more offices under this Act.
PART II
QUALIFICATION OF MEMBERS, AND TENURE OF OFFICE
A Crown Servant who desires to be a candidate for election as a Member shall, before consenting to be nominated pursuant to subsection (2) of section 35 of this Act, resign as a Crown Servant and shall as from the date of resignation cease to be a Crown Servant.
(1) No person shall, so long as he or she is a Member, be capable of being appointed, engaged or employed as a Crown Servant.
(2) Where any person is so appointed, engaged or employed he or she commits an offence and shall be liable on conviction to a fine not exceeding $100 for every day on which he or she remains a Crown Servant.
Tenure of Office
(1) The seat of a Member shall become vacant, if:
(a) he or she fails to subscribe to the Oath of Allegiance under Article 30 of the Constitution; or
(b) on an election petition the Court declares his or her election void or the Court orders a By-election to be held pursuant to section 76 of this Act; or
(c) he or she dies; or
(d) he or she resigns his or her seat, by writing under his or her hand addressed and delivered to the Speaker or to the Queen's Representative if there is no Speaker, or the Speaker is absent from Rarotonga, or if the resigning Member is the Speaker; or
(e) on fourteen consecutive sitting days he or she fails, without permission of Parliament to attend in Parliament provided however that permission for failure to attend in Parliament (whether such failure to so attend shall have occurred before or after the coming into force of this Act) shall be deemed always to have been granted by Parliament to any Member whose absence from Parliament is caused by illness, or other unavoidable cause, or if the Member is attending at any conference, meeting or ceremony or travelling on any mission or business, as a representative of the Government or of Parliament, and provided further that Parliament may delegate its responsibilities under this paragraph to the Speaker or to any Member; or
(f) in the case of any constituency other than the Overseas Constituency, he or she ceases to reside in the Cook Islands; or
(g) he or she becomes a bankrupt within the meaning of the bankruptcy laws in force in the Cook Islands; or
(h) he or she is convicted in the Cook Islands or any part of the Commonwealth of any corrupt practice or other offence punishable by death or imprisonment for a term of one year or more; or
(i) he or she becomes of unsound mind and is so certified by two medical practitioners; or
(j) he or she takes any oath or makes any declaration or acknowledgement of allegiance or adherence to any foreign State; or
(k) he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or be entitled to the rights, privileges or immunities of a subject or citizen of any foreign State; or
(l) he or she becomes a Crown Servant.
(2) Every Member who has been elected pursuant to the provisions of this Act shall take office on the day on which the warrant declaring his or her election is signed by the Chief Electoral Officer pursuant to section 73 of this Act.
(3) The seat of a Member, unless previously vacated, shall become vacant at the end of the day immediately preceding the day on which the Members elected at the next ensuing general election take office.
(4) When it appears to the Speaker that the seat of any Member has become vacant pursuant to subsection (1) of this section, the Speaker shall declare in writing that the seat has become vacant and the cause thereof, and shall forthwith notify the Chief Electoral Officer and cause that declaration to be published in the Cook Islands Gazette.
PART III
REGISTRATION OF ELECTORS
Electoral Registration Office and Officials
(1) There shall be an Electoral Registration Office commissioned in the Ministry of Justice by the Minister for the purpose of administering this Part of this Act.
(2) The Secretary shall provide appropriate office space, adequate furniture and fixtures and relevant logistical support.
(3) All operating expenses incurred by this office shall form part of the budget of the Ministry of Justice.
(1) The Registrar-General of Births, Deaths and Marriages or his or her nominee, stationed in Rarotonga, shall be the Chief Registrar of Electors and shall be charged with the duty of carrying this Part of this Act into effect.
(2) The Registrar-General of Births, Deaths and Marriages shall appoint an employee of the Ministry of Justice, stationed in Rarotonga, to be the Deputy Chief Registrar of Electors to act in the case of the illness, absence, resignation, death, or removal of the Chief Registrar of Electors.
(3) Every Deputy Chief Registrar of Electors, while so acting, shall exercise the duties and have the powers and authorities of the Chief Registrar of Electors, and the fact that he or she so acts shall be sufficient evidence of his or her authority to do so.
(4) Throughout the conduct of any election the Chief Registrar of Electors shall provide the Chief Electoral Officer with such assistance as may be required.
(1) The Chief Registrar of Electors shall from time to time appoint any of the following registration officials -
(a) a Registrar in every inhabited island within the Cook Islands outside of Rarotonga to be responsible for the enrolment of electors on each respective island;
(b) such additional Registrars, as may be necessary, to assist with the enrolment of electors on Rarotonga;
(c) a Registrar for the Overseas Constituency;
(d) a substitute for any Registrar appointed under this section to act in the case of the illness, absence, resignation, death, or removal of that officer.
(2) Any substitute appointed under this section, while so acting, shall exercise the duties and have the powers and authorities of the officer for whom he or she is acting, and the fact that any substitute so acts shall be sufficient evidence of his or her authority to do so.
(3) Any reference in this Act to one of the officers appointed under this section shall be deemed to include any substitute appointed for that officer.
(4) Every person appointed as aforesaid shall discharge his or her duties and functions subject to the control of the Chief Registrar of Electors, and shall comply with any directions issued by the Chief Registrar of Electors.
(5) With the approval of the Chief Registrar of Electors, every Registrar may appoint as many Deputy Registrars or substitutes as he or she deems necessary for the effective registration of electors, and every such Deputy Registrar shall, subject to the control of the Registrar, exercise all the powers and discharge all the duties of the Registrar by whom he or she is appointed.
(6) Any official may be appointed to hold two or more offices under this Act.
Determining Place of Residence
(1) The place where a person resides within the Cook Islands at any material time or during any material period shall be determined for the purposes of this Act by reference to the facts of the case.
(2) For the purposes of this Act a person can reside in one place only.
(3) A person shall be deemed to reside where that person has a usual place of abode notwithstanding:
(a) any temporary absence for the purpose of undergoing a course of education or of technical training or instruction; or
(b) any occasional absence for any period not exceeding 3 months for any other purposes; or
(c) any temporary absence for the purpose of undergoing medical treatment or being required to accompany an immediate family member or relative for the purpose of undergoing medical treatment.
(4) A person who has more than one place of abode and who is qualified to be an elector for a constituency in the Cook Islands shall be deemed to reside in the Cook Islands where the greatest part of that person's time was spent during the 3 months immediately preceding the date of that person's application for registration for enrolment.
(5) A person who permanently left a former place of abode shall be deemed not to reside at that place, notwithstanding that, that person's place of abode for the time being is temporary only.
Qualifications of Electors
A person is qualified to be registered as an elector for a constituency in the Cook Islands if that person -
(a) is 18 years of age or over;
(b) is a Commonwealth citizen, or has the status of a permanent resident of the Cook Islands;
(d) has at some period actually resided continuously in the Cook Islands for not less than 12 months;
(e) has been resident in the Cook Islands throughout the period of 3 months immediately preceding that person's application for enrolment as an elector and has not subsequently qualified as an elector under subclause (2) of Article 28 of the Constitution;
(f) has not been convicted of any corrupt practice or any offence punishable by death or imprisonment for a term of 1 year or more unless in each case that person has received a free pardon or has undergone the sentence or punishment to which that person was adjudged;
(g) is not of unsound mind.
(1) Every person qualified to be registered as an elector for any constituency shall make application on Form 1 to any Registrar for registration as an elector -
(b) within one month after the date on which he or she first becomes qualified to be registered as an elector; or
(c) within one month after the date on which, following a change in his or her place of abode from one constituency to another, he or she first becomes qualified to be registered as an elector of that other constituency; or
(d) in the case of the Overseas Constituency, within such period as the Chief Registrar of Electors may fix.
(2) No person shall be entitled to be registered as an elector on more than one electoral roll.
(3) Every person commits an offence under this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to do so.
(4) Every person who commits an offence against this section shall be liable on conviction to a fine not exceeding $100 on a first conviction, and to a fine not exceeding $200 on any subsequent conviction:
Provided that no person who applies for registration as an elector shall be liable to prosecution for an earlier failure to apply for registration as an elector pursuant to the provisions of this section.
(1) Every person required to apply for registration as an elector shall deliver, send by post, or convey to any Registrar his or her application on Form 1.
(2) Subject to subsection (3) of this section, every person making application for registration as an elector shall sign or place his or her mark on the application.
(3) Where a person making an application for registration as an elector is physically disabled, the application may be signed on his or her behalf -
(a) by a donee of a power of attorney from the physically disabled person, who shall indicate on the application that the applicant is a physically disabled person; or
(b) by an elector who signs by direction of the physically disabled person and who indicates on the application -
- (i) that the applicant is a physically disabled person; and
- (ii) that the application is being signed by direction of the applicant.
(1) Every applicant for registration as an elector of any constituency shall sign his or her application in the sight and presence of a Registration Officer, Justice of the Peace, Solicitor of the High Court, Minister of Religion or registered elector, who shall add his or her signature, occupation and address as witness.
(2) If the Registrar of that constituency is satisfied with the application, he or she shall forthwith transmit the application to the Chief Registrar of Electors who shall enter the name of the applicant on the roll.
(3) If the Registrar is not so satisfied, he or she shall within five working days following the receipt of the application notify the applicant on Form 2, of his or her objection to enter the applicant's name on the roll and the applicant may, within five working days of receipt of that notice, apply to the Chief Registrar of Electors to determine his or her claim; and the Chief Registrar of Electors, whose decision shall be final, shall either approve or reject the application.
(4) It shall be the duty of every Registrar to ensure that the roll provided to him or her by the Chief Registrar of Electors is as complete as possible.
(5) It shall further be the duty of every Registrar to assure himself or herself of the right of every registered elector to have his or her name retained on the roll, and to remove from the roll of which he or she is in charge, the name or every person who -
(a) has died; or
(b) is no longer possessed of the qualifications of an elector; or
(c) ceases to reside within that constituency.
(6) When the Registrar removes any name from the roll pursuant to subsection (5)(b) or (5)(c) of this section, he or she shall, within five working days, notify the elector on Form 3 that his or her name has been so removed, and thereupon the provisions of subsection (3) of this section shall apply.
(7) Every elector shall give notice in writing to the Registrar within thirty days of any change of his or her name by marriage or deed poll; and the Registrar shall, after verification of the particulars contained in the notice, amend the roll accordingly.
(8) No application for registration shall be deemed to have been received by the Registrar in charge of the roll on which the applicant is entitled to have his or her name entered before the date on which the rolls are deemed closed, unless that application is received by the Registrar for that constituency before 4 p.m. on the day on which either the main roll or the supplementary roll is deemed closed.
Changes of Registration Details
(1) Every elector residing within a constituency in the Cook Islands shall within one month, notify any Registrar of any change to his or her -
(a) address;
(b) name by marriage or deed poll.
(2) Every person who without reasonable justification contravenes the provisions of this section commits an offence and shall on conviction be liable to a fine not exceeding $100.
Subject to sections 19 to 25 (inclusive), any elector who fails to notify the Registrar of any change of address shall be deemed to be and to have always been registered, on the roll of the constituency on which his or her name appears.
18A. Obligation to Provide Information
(1) Upon request by the Chief Registrar of Electors or the Chief Electoral Officer, every Government department and agency shall furnish such information as may be required for electoral purposes.
(2) The provisions of this section shall apply notwithstanding any restrictions imposed by any other Act.
Objections to Registration
(1) Any elector may at any time object to the name of an elector whose name appears on the same roll, on the ground that he or she is not qualified to be registered or is not qualified to be registered on the roll on which his or her name appears.
(2) Every such objection shall -
(a) be made in writing to the Registrar for the constituency affected; and
(b) specify -
- (i) the name of the objector; and
- (ii) the grounds and reasons for the objection.
(3) Where the Registrar considers the grounds and reasons for the objection insufficient for the purposes of informing the elector objected to of the objection, the Registrar shall by written notice, require the objector to provide within fourteen days of the receipt of such notice, such further particulars as the Registrar thinks fit.
(4) Where any objector fails to comply with the notice given under subsection (3) of this section, the Registrar shall reject the objection.
(5) Every objector upon request shall be entitled on the payment of any charges, to receive from the Registrar in charge, a copy of the application for registration of the elector objected to, together with any reply which the person objected to may have filed with the Registrar, in answer to the objection.
(1) Subject to subsections (3) and (4) of section 19 of this Act, the Registrar shall, on receipt of an objection by an elector forthwith serve written notice of the objection on the elector objected to, setting forth both the name of the objector and the grounds and reasons for the objection.
(2) The notice issued by the Registrar under subsection (1) of this section shall also inform the elector objected to -
(a) that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
(b) that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar, that his or her name should be retained on the roll; and
(c) that if he or she fails to forward a statement to the Registrar within fourteen days after the day on which that notice was served on him or her, the Registrar shall, pursuant to section 21 of this Act, remove his or her name from the roll.
If, within fourteen days after the day on which a notice under section 20(1) or section 24(2) of this Act is served, the elector objected to, fails to -
(a) provide evidence of his or her eligibility to be on the roll; or
(b) notifies the Registrar that he or she consents to the removal from the roll of his or her name;
the Registrar shall, unless the objection has been withdrawn by the objector and the Registrar is satisfied that the objection has been properly withdrawn, remove from the roll the name of the elector objected to and notify the parties accordingly.
If, within fourteen days after the day on which a notice under section 20(1) or section 24(2) of this Act is served, the elector objected to provides evidence that satisfies the Registrar that he or she is qualified to be on the roll, the Registrar shall retain his or her name on the roll and notify the parties accordingly.
If any objection under section 19 or section 24 of this Act is not withdrawn, or if the objector or the elector objected to gives written notice to the Registrar within fourteen days of the receipt of the notice issued by the Registrar pursuant to section 21 or section 22 of this Act that he or she is dissatisfied with the decision of the Registrar, the Registrar shall, through the Chief Registrar of Electors, refer the objection to the Court and shall notify the parties of the time and place appointed for the hearing.
(1) The Registrar for any constituency may at any time object to the name of any elector being on the roll for the constituency of which he or she is in charge on the grounds that the elector is not qualified to be registered as an elector for that constituency.
(2) Where the Registrar raises any objection under subsection (1) of this section he or she shall forthwith give to the elector objected to, notice in writing of the objection and the grounds and reasons for the objection.
(3) The notice issued by the Registrar under subsection (2) of this section shall also inform the elector objected to -
(a) that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
(b) that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that his or her name should be retained on the roll; and
(c) that if he or she fails to forward a statement to the Registrar within fourteen days after the day on which that notice was served on him or her, the Registrar will, pursuant to section 21 of this Act, remove from the roll the name of the elector objected to.
Where any objection is referred to the Court for determination it shall have the power to direct the Registrar to -
(a) retain on the roll the name of the elector objected to; or
(b) remove from the roll the name of the elector objected to; or
(c) transfer to any roll through the Chief Registrar of Electors the name of the elector objected to; or
(d) make such amendment to any roll as may be necessary to give effect to the determination.
Electoral Rolls
(1) The Chief Registrar of Electors shall as far as practicable ensure:
(a) that an electoral roll is compiled and maintained for each constituency; and
(b) that every person qualified to be registered as an elector of a constituency shall, subject to the provisions of this Act, be entitled to have his or her name entered upon the roll of that constituency; and
(c) that every person who is qualified to be an elector of a constituency in the Cook Islands but has not resided in any one such constituency for a continuous period of three months shall be entitled to be registered in the constituency in which he or she spent the greatest part of his or her time during the period of three months immediately preceding the date of his or her application for registration.
(2) The electoral roll compiled for the Overseas Constituency need not be continuously updated and may remain dormant until the next ensuing election.
(1) The Chief Registrar of Electors shall, for the purpose of any impending election, fix the date or dates for the closing of the main and supplementary rolls.
(2) The Chief Registrar of Electors shall cause to be printed a copy of the main roll for each constituency at least once in each year and at such times as he or she considers necessary.
(1) Every main roll or supplementary roll printed for any constituency shall be on Form 4 and shall be issued under the hand of the Chief Registrar of Electors.
(2) Each roll shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surname.
(3) The names on each page of the main roll and of every supplementary roll printed for any constituency shall be numbered consecutively, beginning with the number one in each case of the first name on each page.
(4) The pages of the main and supplementary roll printed for any constituency shall be numbered consecutively.
(5) The number appearing on the main roll or, as the case may be, on any supplementary roll printed for the constituency against the name of the elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll.
(1) The Chief Registrar of Electors shall at all times during office hours make available for free public inspection a copy or copies of the main roll and of the supplementary rolls for any constituency, and at such other places within the constituencies as the Chief Registrar of Electors may direct.
(2) The Chief Registrar of Electors shall supply printed copies of the roll issued under his or her hand to the Chief Electoral Officer, who shall supply each Returning Officer with copies as they are required from time to time for the purpose of conducting an election.
The Chief Registrar of Electors shall have the power from time to time to destroy all registration records for any elector who has died or is no longer qualified.
Offences in Relation to Enrolment
(1) Every person commits an offence, and is liable on conviction to a fine not exceeding $1000 or to imprisonment for a term not exceeding three months, who knowingly and wilfully makes a false statement in any claim, application, or declaration referred to in this Part of this Act.
(2) Every person commits an offence, and is liable on conviction to a fine not exceeding $1000 or to imprisonment for a term not exceeding three months who -
(a) wilfully supplies any false information to the Registrar causing the Registrar in the compilation of any roll, to enter on the roll any false or fictitious name or qualification or the name of any person whom he or she knows to be dead; or
(b) signs the name of any other person, whether requested to do so or not, or any false or fictitious name, to any form of claim, application, or objection pursuant to this Part of this Act, either as claimant, applicant, objector, or witness; or
(c) signs his or her name as witness to any signature without personally seeing that signature written or hearing the person signing declare that the signature is his or her own handwriting or that the name so signed is his or her own proper name.
(3) Every person commits an offence, and is liable on conviction to a tine not exceeding $1000 or imprisonment for a term not exceeding three months, who, having obtained possession of a claim for enrolment signed by any other person for the purpose of being delivered to the Registrar for enrolment, fails to deliver it so that the claimant's name is not placed on the roll.
(4) Where the Registrar believes that any person has committed an offence against this section, the Registrar shall cause that person to be charged and prosecuted.
PART IV
CONDUCT OF ELECTIONS
By-elections
(1) Whenever a declaration that the seat of a Member is vacant is published -
(a) less than six months before the expiration of five years from the date of the last preceding general election, the seat shall remain vacant until the next general election; or
(b) six months or more before the expiration of five years from the date of the last preceding general election, the Chief Electoral Officer shall forthwith, by public notice, appoint a day for a by-election to fill the vacancy.
(2) In the case of a by-election in the Overseas Constituency, the Chief Electoral Officer shall give such notice in New Zealand and elsewhere of the day for the by-election as the Chief Electoral Officer in his or her discretion considers appropriate.
(3) In the event that the Court directs pursuant to section 76 of this Act that a by-election be held, the provisions of subsections (1) and (2) of this section shall with all necessary modifications apply.
Election Announcement
(1) For every general election the Queen's Representative shall not later than seven clear days following the dissolution of the then last Parliament -
(a) appoint the day for the general election, by notice published in the Cook Islands Gazette; and
(b) give notice thereof in writing to the Chief Electoral Officer.
(2) The Chief Electoral Officer shall, within three days of receiving notice pursuant to subsection (1)(b) of this section give public notice of the day appointed for the election and shall in that notice appoint a place or places in each constituency and the latest day when nominations of candidates shall be lodged with the Returning Officer in charge of the election in the several constituencies.
Nominations
(1) No nomination paper or consent to any nomination shall be accepted by the Returning Officer, unless it conforms with the provisions of this Act and is received at the place named in the public notice at any time before noon on nomination day.
(2) Subject to the provisions of this Act and to Article 28B of the Constitution, every elector may, with his or her consent, be nominated on Form 5 as a candidate for election for any constituency by not less than two electors of that constituency.
(3) No elector shall nominate more than one candidate at any one election.
(4) Each candidate shall be nominated on Form 5.
(5) Any elector of the constituency may inspect any nomination paper or consent at the office of the Chief Electoral Officer or the Returning Officer of that constituency at any time when the office is open for the transaction of business.
(1) No person shall consent to more than one nomination as a candidate at any one election.
(2) A consent to the nomination of any person shall be given by that person on Form 5 or where any person is for the time being outside of that constituency, his or her consent, for the purposes of this section, may be signified in writing and delivered to the Returning Officer in any manner approved by the Chief Electoral Officer.
(1) Every candidate, or some person on his or her behalf, shall deposit with the Returning Officer the sum of $500 not later than noon on nomination day.
(2) The deposit shall be paid in the form of cash, or money order or bank draft, or bank cheque.
(3) If the total number of votes received by any unsuccessful candidate is less than twenty five percent of the total number of votes received by the successful candidate, the deposit of the unsuccessful candidate shall be forfeited and paid into the Cook Islands Government Account but in every other case, including the successful candidate, the deposit shall be returned to the person who paid it and in whose name the receipt for the payment was issued.
(1) The Returning Officer shall reject the nomination of any candidate if -
(a) the nomination paper and the consent of the candidate are not lodged with the Returning Officer before noon on nomination day; or
(b) the nomination paper is not signed by at least two registered electors of the constituency for which the nomination is made; or
(c) the Returning Officer has reasonable grounds to suspect that consent has been given by any candidate who is not registered as an elector for any constituency; or
(d) the candidate's deposit is not paid as required by section 36 of this Act.
(2) If any dispute arises as to whether a candidate is or is not registered as an elector of any constituency that question shall be decided after due inquiry into the facts of the case by the Court.
(3) In every other case the Returning Officer shall accept the nomination.
(4) Nothing in subsection (3) of this section limits the jurisdiction of the Court hearing an election petition.
(1) Any candidate may at any time before noon on nomination day withdraw his or her nomination by notice on Form 6 signed by him or her and witnessed by a Justice of the Peace or a Solicitor of the High Court, and submitted to the Returning Officer.
(2) Where a candidate has duly withdrawn his or her nomination, his or her deposit shall be returned to the person who paid it and in whose name the receipt for the payment was issued.
(1) The Returning Officer shall transmit every nomination as soon as accepted by him or her, together with the required consent, to the Chief Electoral Officer.
(2) Where the candidate has consented to more than one nomination, the Chief Electoral Officer shall accept the first consented nomination received by the Chief Electoral Officer and reject all others.
(3) As soon as practicable after the close of nominations, the Returning Officer of each constituency shall cause the names of all the candidates duly nominated for his or her constituency to be publicly notified within the constituency in a conspicuous place or places readily accessible to the public.
(1) Every elector who nominates more than one candidate at any election commits an offence and is liable on conviction to a fine not exceeding $500.
(2) Every person who consents to more than one nomination as a candidate at any election or wilfully makes a false statement in his or her consent commits an offence and is liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding one month.
The Chief Electoral Officer may exercise any of the powers and perform any of the functions of the Returning Officer pursuant to sections 34, 35, 36, 37 and 38 of this Act in respect of constituencies outside of Rarotonga.
Uncontested Elections
Where at any election only one candidate is nominated for a constituency, that candidate shall be deemed to have been duly elected as the Member of Parliament for that constituency and the Chief Electoral Officer shall, by warrant under his or her hand, publicly declare that candidate duly elected.
Where at any election in a constituency no candidate is nominated, the Chief Electoral Officer shall, not later than three months after nomination day, declare the seat to be vacant, and thereupon the provisions relating to By-elections shall apply.
Retirement or Death of Candidate
(1) Every candidate at any election may sign and deliver to the Returning Officer a declaration on Form 7 stating that he or she retires from the election:
Provided that if the candidate is physically incapacitated, then it shall be lawful for the persons who nominated the candidate to file a declaration of retirement together with a medical certification as the Returning Officer may require.
(2) If the Returning Officer is satisfied with the declaration he or she shall give public notice of the cancellation of the holding of the election in that constituency.
(3) Upon the cancellation of the election in that constituency pursuant to this section, the Chief Electoral Officer shall, within 3 days of the public notice being given pursuant to section 44(2) of this Act, appoint a day for the holding of a by-election for that constituency within 30 days of the date fixed for the holding of a poll pursuant to sections 32 and 34 of this Act.
Polling at Elections
Subject to Part V of this Act, where at any election two or more candidates are nominated for any constituency, the Chief Electoral Officer shall forthwith after the close of nominations appoint one or more places for the taking of the poll, and give public notice of -
(a) the place or places so appointed; and
(b) the day on which the poll is to be taken, being the day fixed as election day by the Queen's Representative pursuant to the provisions of subsection (1) of section 33 of this Act or the day fixed by the Chief Electoral Officer pursuant to the provisions of section 32 of this Act; and
(c) the names of the several candidates nominated.
Every elector in respect of any constituency (except the Overseas Constituency) who has not exercised a postal vote shall, unless he or she is a special elector, be entitled to vote at any place in that constituency appointed for the taking of the poll, and at no other place.
(1) The Returning Officer shall as far as practicable make all necessary arrangements to enable every elector to vote at any election in accordance with the provisions of this Act.
(2) Without limiting the provisions of subsection (1) of this section, the Returning Officer shall, at every place where a poll is to be taken, provide the following things for taking the poll -
(a) one or more rooms for polling booths, and in each booth one or more inner compartments, separated from but opening into the booth and having no other opening;
(b) in each inner compartment, suitable facilities for the marking of voting papers;
(c) in each booth one or more ballot boxes;
(d) in each booth one or more copies of the main and supplementary rolls of the constituency, and a sufficient number of voting papers for the election of the representative for that constituency and sufficient voting papers for any special voting.
(1) The voting papers to be used at any election shall be on Form 8 or such other form as the Chief Electoral Officer shall approve.
(2) The names of candidates appearing on the voting paper shall as far as practicable be listed in alphabetical order according to their surname or with the approval of the Chief Electoral Officer such other name by which the candidate is popularly known.
(3) Where for any reason the Returning Officer considers that confusion between two or more candidates may arise, the candidates shall be distinguished on the voting papers by the addition of such matters as the Returning Officer considers necessary to distinguish them.
(4) Every voting paper shall have a counterfoil on Form 9.
(5) The voting paper to be used at any election shall be printed on paper of uniform colour.
(6) There shall be printed in an appropriate place on every voting 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 voting paper printed so that no two voting papers for the constituency shall bear the same number.
(7) Any voting paper may in addition to any other information contained thereon include against a candidate's name his or her political affiliation (if any).
(1) Each candidate may by writing under his or her hand, appoint not more than two scrutineers for each polling booth at any election.
(2) Where a candidate appoints more than one scrutineer for any polling booth, not more than one scrutineer for that candidate shall be present in the polling booth at any time.
(3) No candidate shall act as scrutineer under this section.
(4) Any scrutineer may at any time during the hours of polling leave and re-enter the polling booth for which he or she is appointed and may while outside of the booth and so as not to be heard by electors waiting to vote, communicate to any person by way of an electoral roll or otherwise, information as to the names of persons who have voted.
(5) Any scrutineer appointed under subsection (1) of this section may be present at the administering of any votes by way of votes in advance or postal votes.
Every Returning Officer, Presiding Officer, Poll Clerk, scrutineer or other officer who may be appointed in connection with the conduct of an election under this Part or Part V of this Act shall, before being allowed to so act, make and subscribe a declaration on Form 10.
No elector shall be entitled to exercise more than one vote at any election.
(1) The poll at every election shall commence at 9 a.m. on election day, and, except as otherwise provided in this Act, shall finally close at 6 p.m. on the same day.
(2) Every elector who on the close of the poll is present in a polling booth for the purpose of voting shall be allowed to vote in the same manner as if he or she had voted before the close of the poll.
(1) Subject to the provisions of this section every employer shall on polling day for any election allow every worker in his or her employment who is an elector of any constituency in which the election is being held, to leave his or her work for the purpose of voting not later than 4 o'clock in the afternoon and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time taken to cast a vote before 4 o'clock in the afternoon of that day.
(2) Every person who commits an offence against this section shall be liable on conviction to a fine not exceeding $500 or imprisonment for a term not exceeding one month.
Voting
(1) The Presiding Officer shall, before the opening of the poll, and in the sight of any of the scrutineers present -
(a) ensure that the ballot box is empty, and
(b) close the ballot box; and
(c) ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.
(2) The ballot box, after being sealed or locked in accordance to subsection (1) of this section, shall not again be opened until after the close of the poll.
Every Presiding Officer shall have the power to enforce order and keep the peace at any election, and may without further authority than this Act cause to be arrested and taken before the Court any person reasonably suspected of knowingly and wilfully making a false answer to any of the questions the Presiding Officer is authorised to put or who attempts to impersonate any elector or to vote more than once at the same election or who otherwise behaves in a disorderly manner or causes disturbances at any election; and all constables shall aid and assist the Presiding Officer in the performance of his or her duty.
(1) The Presiding Officer shall from time to time determine how many electors should be allowed in a polling booth at one and the same time, and not more than one elector shall be allowed in any compartment at one and the same time.
(2) No person shall be allowed to remain in any polling booth after having recorded his or her vote, except the Presiding Officer and his or her Poll Clerk, any of the scrutineers, as many constables as the Presiding Officer thinks necessary to keep the peace, and any other person authorised by the Returning Officer or the Presiding Officer.
(1) Except for the Presiding Officer or Poll Clerk (with an interpreter if necessary), who may give such general directions as may assist any elector in giving his or her vote, no scrutineer or other official or unofficial person shall speak to any elector in a polling booth either before or after the elector has voted.
(2) Every person who commits an offence against this section shall be liable on conviction to a fine not exceeding $500, and may be removed immediately from the booth by order of the Presiding Officer.
(1) Every person proposing to vote shall inform the Presiding Officer of his or her name and the constituency in which he or she proposes to vote, and the Presiding Officer, being satisfied that that person is entitled to vote and has not already voted, shall issue to the elector one appropriate voting paper.
(2) The Presiding Officer may, and if so required by any scrutineer shall, before issuing any voting paper, put the following questions to any person proposing to vote -
(a) are you the person whose name appears as A.B. in the electoral roll now in force for the [Name of constituency] constituency?
(b) are you 18 years of age or over?
(c) have you already voted at this election in this or any other constituency?
(3) Every person to whom those questions are put who does not answer them, or does not answer the first two questions in the affirmative and the third question in the negative, shall not be permitted to vote.
(4) In issuing a voting paper, the Presiding Officer shall -
(a) firmly fix a piece of gummed paper over the consecutive number on the voting paper so as to conceal it effectively or take such other steps as he or she may deem necessary for the effective concealing of the consecutive number;
(b) write on the counterfoil of the voting paper his or her initials, and the number appearing on the relevant roll against the name of the elector to whom the voting paper is to be given;
(c) place his or her official mark on both the counterfoil and the voting paper;
(d) draw a line in ink through the number and name of the elector on the roll as evidence that the elector has applied for and has received a voting paper.
(5) Every Presiding Officer who fails to perform any duty imposed on him or her by this section commits an offence, and is liable on conviction to a fine not exceeding $500:
Provided that, so far as the failure relates to the duty of concealing the consecutive number of the voting paper by gum or other effective means, it shall be a sufficient defence if he or she satisfies the Court that he or she took all reasonable precautions to secure the same.
(1) Any elector, not being able to find his or her name on the roll, may complete a declaration on Form 11, and on receiving such a declaration the Presiding Officer shall issue to the elector -
(a) an ordinary voting paper; and
(b) an envelope addressed to the Returning Officer marked "Vote by Declaration".
(2) After receiving the documents specified under subsection (1) of this section the elector shall proceed into the compartment provided and alone and secretly vote by marking a cross in the square set opposite the name of the candidate for whom he or she desires to vote, place the voting paper duly folded into the envelope, and return the envelope to the Presiding Officer.
(3) After receiving the envelope from the elector, the Presiding Officer shall attach the declaration to the outside of the returned envelope and retain all such envelopes with declarations in his or her possession until after the preliminary count of votes when he or she shall then forward the unopened envelopes with declarations to the Returning Officer.
(4) After receiving the envelopes and declarations from the Presiding Officer the Returning Officer shall then forward all envelopes with declarations to the Registrar of his or her constituency for verification as to whether the person casting the vote is a registered elector and the Registrar shall -
(a) endorse on the declaration the name of the person as entered on the electoral roll, and also the word "qualified" if the person is an elector;
(b) endorse on the declaration the words "not qualified" if the person is not a registered elector of the constituency; and
(c) return the envelopes with declarations to the Returning Officer.
(5) The Returning Officer shall disallow any vote by declaration which has been endorsed "not qualified" and the same shall be disposed of in accordance with the provisions of section 77 of this Act.
(1) The elector shall after receiving the voting paper -
(a) immediately retire into one of the inner compartments provided for the purpose; and
(b) there alone and secretly vote by marking a cross in the square set opposite the name of the candidate for whom he or she desires to vote:
Provided that no voting paper shall be rejected as informal that clearly indicates the candidate for whom the elector intended to vote whether that indication is made in the manner prescribed by this section or otherwise.
(2) Every elector shall, before leaving the inner compartment, fold the voting paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box.
(3) Voting in the Overseas Constituency shall be in accordance with Part V of this Act.
(1) Any elector who, not having deposited his or her voting paper in the ballot box, satisfies the Presiding Officer that he or she has spoilt it by inadvertence may be supplied with a fresh voting paper, but only after the spoilt voting paper has been returned to the Presiding Officer.
(2) The Presiding Officer shall cancel the spoilt voting paper by writing across the face thereof the words "Spoilt by elector and a fresh voting paper issued", and shall affix his or her initials thereto.
(3) If any voting paper is inadvertently spoilt by the Presiding Officer or any other official, he or she shall cancel it by writing across the face thereof the words "Spoilt by official and a fresh voting paper issued", if that is the case, and shall affix his or her initials thereto.
(4) Every Presiding Officer shall retain in his or her possession all such spoilt voting papers until after the close of the poll.
(5) As soon as practicable after the close of the poll, the Presiding Officer shall make up into a separate packet all spoilt voting papers in his or her possession and shall deliver it to the Returning Officer.
(6) The provisions of subsections (1), (2), and (3) of section 77 of this Act, providing for the disposal of voting papers, shall apply with respect to the disposal of all spoilt voting papers.
Where the polling at any place cannot commence or has to be suspended (whether by reason of not or natural disaster or any other cause) the Presiding Officer shall adjourn the taking of the poll at that polling place from time to time until the poll can be taken, and shall give appropriate notice of any such adjournment.
Special Voting
If at any polling booth any elector is blind, or is unable to read or write (whether because of physical handicap or otherwise), and so desires, the Presiding Officer shall, together with any scrutineers present not exceeding one for each candidate, and if necessary an interpreter, retire with the elector into the inner compartment and there in the sight and presence of the Presiding Officer and scrutineers mark the voting paper according to the instruction of the elector, and the Presiding Officer shall sign his or her own name at the foot thereof.
(1) If any elector is precluded by reason of old age, illness or disability from attending at any polling booth, that elector shall in writing, no later than noon on polling day, apply to the Returning Officer for a certificate enabling the elector to vote as a special care elector.
(2) On polling day, between noon and the close of the poll, the Returning Officer shall make such arrangements as may be necessary to provide a mobile booth comprising of a Presiding Officer, Poll Clerk and no more than one scrutineer for each candidate, for the administering of all special care votes for the constituency.
(3) Unless an elector is blind, disabled or illiterate, in which case the provisions of Section 63 of this Act with all necessary modifications shall apply, every person present when an elector so votes shall refrain from making himself or herself acquainted with the vote given by the elector, and shall not in any way attempt to influence or interfere with the elector in the exercise of the elector's vote or allow any person to see or become acquainted with the elector's vote or to assist the elector to vote or to interfere in any way with the elector in relation to his or her vote.
(4) The persons authorised under subsection (2) of this section shall have access to any private or public property for the purpose of administering special care votes free from any interference and restriction by any persons.
(1) Any elector of any constituency within the Cook Islands who has not exercised a postal vote may vote as a special elector if, on polling day, he or she will not be in the constituency in which he or she is registered.
(2) Any such elector who desires to vote as a special elector shall, not later than seven days before polling day, apply to any Returning Officer for a certificate enabling the elector to vote in the constituency in which he or she will be present on polling day, and the Returning Officer shall forward the application to the Chief Electoral Officer for approval and upon receipt of that approval shall issue a certificate on Form 12.
(3) On polling day, upon delivery by the special elector of the certificate issued to him or her pursuant to subsection (2) of this section, the Presiding Officer at the place named in the certificate shall supply the special elector with -
(a) an appropriate voting paper on Form 8;
(b) an envelope marked "Special Vote"; and
(c) if required a list of the candidates nominated for the constituency in which the special elector is registered.
(4) The elector shall, after having voted for the candidate for whom he or she desires to vote, fold the voting paper and place it in the envelope, and deposit the envelope after sealing it, in the ballot box.
(5) Except as otherwise provided in this section, all the provisions of this Part of this Act as far as they are applicable, shall apply to special voting:
Provided that the consecutive number of special voting papers in any polling booth shall be in a different series from that used in that booth for ordinary voting.
(6) The Returning Officer of any constituency where an election is not being contested, shall, between the hours of 9 a.m. and 4 p.m. on election day, issue and receive, in accordance with this section, any special votes made pursuant to this section.
(1) Any elector who has applied for a special certificate pursuant to section 65 of this Act may deliver that special certificate to the Returning Officer of any constituency and apply to vote in advance of the poll.
(2) Where the Returning Officer is satisfied that that person will be outside the constituency for which he or she is registered on polling day, the Returning Officer shall issue a vote in advance of the poll in accordance with subsections (2), (3), (4), and (5) of section 67 of this Act.
(3) Each Returning Officer shall make up into a packet all votes in advance envelopes unopened received by him or her and send them to the Chief Electoral Officer.
(4) The Chief Electoral Officer may, at his or her discretion, forward the votes in advance taken outside the constituency to the Returning Officer of the constituency for which they were cast, or if the Chief Electoral Officer is satisfied that this cannot be done and that the votes were cast in accordance with the provisions of this Act, he or she may transmit the number of votes in advance received by each candidate to the Returning Officer who shall include these numbers in his or her report to the Chief Electoral Officer made in accordance with subsection (1) of section 72 of this Act.
(1) Any elector of any constituency may vote in advance of polling day pursuant to the provisions of this section at any polling booth established, by the Chief Electoral Officer for that purpose.
(2) Application for leave to vote in advance shall be made to the Returning Officer at any time during office hours not earlier than three working days after nomination day and not later than the day immediately preceding polling day.
(3) Every applicant shall sign and deliver to the Returning Officer a declaration on Form 13 and the Returning Officer, if satisfied that the application is made in good faith, shall issue to the applicant -
(a) a voting paper, and
(b) an envelope addressed to the Returning Officer and marked "Vote in Advance of Poll".
(4) Before giving the voting paper to the elector, the Returning Officer shall proceed as provided in section 58 of this Act:
Provided that he or she shall also enter the date of voting in advance on the counterfoil and at the top right-hand corner of the voting paper, and also against the name of the applicant on the roll.
(5) The applicant shall then alone and secretly vote for the candidate for whom he or she desires to vote, and then fold the voting paper, place it in the envelope provided and deliver the envelope after sealing it, to the Returning Officer.
(6) The Returning Officer shall keep in safe custody the sealed envelope with the declaration attached and shall produce them on polling day.
(7) On polling day the Returning Officer shall open all envelopes so held by him or her, extract therefrom any voting papers, and deposit them folded in the ballot box.
(8) For the purposes of this section, the Chief Electoral Officer may appoint a Returning Officer to be in charge of advance votes and his or her office shall be used as the booth for the casting of votes in advance.
(9) The Returning Officer appointed pursuant to subsection (8) of this section, may also administer advance votes for any of the constituencies within the Cook Islands.
Booth Count of Votes
(1) Subject to subsection (3) of this section at each polling place the Presiding Officer shall, as soon as practicable after the close of the poll, in the presence of such of the scrutineers as choose to be present and the Polling Clerk, but no other person, make up into separate parcels -
(a) all copies of the main and supplementary rolls (except those used by scrutineers) on which the fact of any person having received a voting paper has been noted and any certificates and declarations delivered to him or her under sections 65, 66 and 67 of this Act;
(b) all the corresponding counterfoils of voting papers that have been issued to electors, and those parcels shall be marked "Ordinary" or "Special" or "Advance", as the case may be;
(c) all the spoilt voting papers;
(d) all other materials used or unused in the polling booth.
(2) Each parcel made up under this section shall be endorsed by the Presiding Officer with a description of its contents, the name of the constituency, the name of the polling place, and the date of polling; and the endorsement shall be signed by the Presiding Officer and such scrutineers as are present and the parcels, excluding the parcel containing the counterfoils of special votes, shall be enclosed in paper of similar material and properly secured.
(3) The Presiding Officer shall before implementing the requirements of subsection (1) and (2) of this section verify the total number of voting papers issued against the number of counterfoils used and the booth rolls.
(1) The Preliminary counting of the votes shall be conducted according to the provisions of this section and shall commence immediately after the provisions of section 68 of this Act have been complied with.
(2) The Presiding Officer shall then in the presence of such of the scrutineers as choose to be present, the Polling Clerk, and the Returning Officer (should he or she choose to be present), but no other person, open the ballot boxes, and, taking therefrom all the voting papers and setting aside as informal all voting papers which do not clearly indicate the candidate for whom the elector desired to vote, shall proceed to ascertain the number of votes recorded for each candidate.
(3) Immediately after ascertaining the number of ordinary votes recorded for each candidate, the Presiding Officer shall announce the results of the voting at the polling place at which he or she presides, and shall forthwith transmit those results to the Returning Officer, who shall announce the total number of votes received by each candidate.
(4) Every Returning Officer shall forthwith report any result transmitted to him or her by any Presiding Officer and the total number of votes received by each candidate to the Chief Electoral Officer, who shall announce that total number.
(5) Any envelope marked "Special Vote" received by the Presiding Officer shall be sent unopened through his or her Returning Officer to the Chief Electoral Officer who shall take such action as is necessary.
(1) All voting papers shall be secured according to the provisions of this section.
(2) The Presiding Officer shall make up into parcels all the voting papers used by him or her at the polling place at which he or she presides; and shall seal the same, enter a description of its contents, the name of the constituency, the name of the polling place, and the date of polling; and the parcels shall be signed by the Presiding Officer and by such scrutineers as are present.
(3) Each Presiding Officer shall deliver the said parcels to the Returning Officer, together with the parcels specified in section 68 of this Act, and on delivery of any such parcels the Returning Officer shall issue a receipt in writing for them.
(4) Each Returning Officer shall make up into separate parcels all special voting papers and counterfoils received by him or her and shall forward them to the Chief Electoral Officer.
(5) The Chief Electoral Officer may, at his or her discretion, forward the special votes on to the Returning Officer of the constituency for which they were cast, or if the Chief Electoral Officer is satisfied that this cannot be done, and that the votes were cast in accordance with the provisions of this Act, he or she may transmit the number of special votes received by each candidate to the Returning Officer who shall include those numbers in his or her report to the Chief Electoral Officer made in accordance with subsection (1) of section 72 of this Act.
(6) Where the special votes received and dealt with by the Chief Electoral Officer pursuant to subsection (5) of section 69 of this Act are not forwarded to the Returning Officer, the Chief Electoral Officer shall dispose of the special voting papers, certificates and counterfoils as provided in subsection (1) of section 77 of this Act.
Scrutiny of the Rolls
(1) The scrutiny of the rolls shall be conducted according to the provisions of this section.
(2) The Returning Officer shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll, and shall give notice in writing to each of the candidates and their scrutineers of the time and place at which he or she will conduct the scrutiny.
(3) No person other than the Returning Officer and his or her assistants, the Presiding Officer, the Chief Electoral Officer, and one person appointed as scrutineer by each candidate for the purpose, shall be present at the scrutiny, and, except as provided in this Act, the scrutiny shall be carried out in the sight and hearing of such of the said persons as choose to be present.
(4) The Returning Officer shall compare one with another all the copies of rolls on which the fact of any person having received a voting paper or of having exercised a postal vote or of any certificate having been issued to a special elector has been noted.
(5) If on comparison it appears that the same person has either received more than one ordinary or special voting paper or, exercised a postal vote and has also received one or more voting papers at any polling place, the Returning Officer shall -
(a) open the parcels of voting papers used at the several polling places at which that person appears to have received a voting paper, or, as the case may be, the parcel of postal voting papers and the parcels of voting papers used at the polling place or places at which that person appears to have received a voting paper;
(b) extract therefrom the voting papers which from their numbers appear to have been issued to that elector; and
(c) disallow every vote appearing to have been given by the voting papers so extracted if it appears that the elector has voted more than once.
(6) Upon and after the opening of those parcels, the Returning Officer shall abstain from inspecting any voting papers in the several parcels so opened except their consecutive numbers, and shall take care that the faces of the same are not seen by any person present.
(7) When the Returning Officer has extracted from any parcel all the voting papers he or she is required by this section to extract therefrom, he or she shall forthwith close and seal up that parcel, and shall endorse thereon a memorandum of the fact of the voting papers having been extracted from the parcel, specifying the same by the name of the person to whom the same appear to have been delivered, and shall sign the endorsement with his or her name.
(8) The Returning Officer shall set aside all voting papers extracted by him or her from any parcel, as herein provided, and shall seal them in an envelope and endorse the same with a description of the contents thereof, and shall sign the endorsement with his or her name.
(9) For the purpose of this section, if the Chief Electoral Officer is unable to send the rolls used for votes cast pursuant to sections 65 and 66 of this Act, he or she shall transmit to the Returning Officer concerned the roll number of the elector who has been issued voting papers pursuant to those sections.
Final Count and Declaration of Poll
(1) On completion of the scrutiny of rolls under section 71 of this Act, the Returning Officer, with such assistance as he or she deems necessary, and in the presence of such persons so authorised to attend the scrutiny and choose to be present, shall open all the parcels of voting papers used at the election other than the envelop mentioned in subsection (8) of section 71 of this Act, and setting aside all informal voting papers, shall ascertain and report to the Chief Electoral Officer the total number of votes received by each candidate at the election.
(2) Where there is an equality of votes between candidates the Returning Officer, in the presence of the persons present at the scrutiny of the rolls, shall announce that an application for a recount shall be lodged with the Court.
(3) For the purposes of this Act, a voting paper shall be deemed to be informal if -
(a) it does not bear the official mark and there is reasonable cause to believe that it was not issued to an elector by the Presiding Officer or, in the case of a postal voting paper, it was not issued by the Returning Officer; or
(b) anything not authorised by this Act is written or marked thereon by which the elector can be identified; or
(c) the elector has voted for more than one candidate; or
(d) it does not clearly indicate the candidate for whom the elector desired to vote:
Provided that no voting paper shall be deemed informal merely on the grounds of some informality in the manner in which it has been dealt with by the elector if it is otherwise regular, and if in the opinion of the Returning Officer the intention of the elector is clearly indicated.
(4) Where, owing to lack of communication, it is impossible for special votes under section 65 and 66 of this Act to be received by the Returning Officer of the constituency for which the special votes were cast by the date set for the counting of votes under this section, the Chief Electoral Officer shall transmit the information to the Returning Officer and direct him or her to add the special votes to the total number of votes received by the candidate for whom they were cast, and the total number of votes, with the special vote or votes included shall be reported to the Chief Electoral Officer pursuant to this section.
The Chief Electoral Officer shall, by warrant under his or her hand, publicly declare the election of the successful candidate, together with the number of votes received by each candidate.
Recount
(1) Any candidate for any constituency may, within three working days after the public declaration made under section 73 of this Act in respect of that constituency, apply to the Court for a recount of the votes.
(2) Every application under subsection (1) of this section shall be accompanied by a deposit of $500.
(3) The Court shall, as soon as practicable, cause a recount of the votes to be made and shall give at least two days' public notice of the time and place at which the recount will be made.
(4) At the recount the Chief Electoral Officer shall produce to the Court all the voting papers for that constituency used at that election.
(5) The recount shall be made by the Court, or by an officer of the Court appointed by the Court for the purpose, and the recount shall, as far as practicable, be conducted in the manner provided in the case of the original count, and the provisions of section 72 of this Act with the necessary modifications, shall apply.
(6) If on the recount the Court finds that the declaration was incorrect, or there is an equality of votes the Court shall so advise the Chief Electoral Officer and supply him or her with the total number of votes received by each candidate as disclosed by the recount.
(7) On receipt of the advice of the Court pursuant to subsection (6) of this section the Chief Electoral Officer shall forthwith pursuant to section 73 of this Act declare to be elected the candidate then found by the Court to have received the highest number of votes, and shall revoke any warrant previously issued by him or her.
(8) The Court may make such order as to the cost of and incidental to the recount as the Court deems just, and may direct the deposit made under this section to be returned to the person who paid it and in whose name the receipt for the payment was issued.
(1) The provisions of section 74 of this Act shall, with all necessary modifications, apply to every application for a recount lodged by the Returning Officer pursuant to subsection (2) of section 72 of this Act.
(2) Every application lodged by the Returning Officer shall not be liable for payment of any deposit.
Where upon an application for a recount by the candidate or Returning Officer the Court is satisfied that there is an equality of votes it shall direct the Chief Electoral Officer to conduct a by-election pursuant to the provisions of section 32 of this Act.
Disposal and Custody of Voting Papers
(1) As soon as practicable after the scrutiny of the rolls, the Returning Officer for each constituency shall make up into one package all the parcels of counterfoils, voting papers, certificates, and declarations used or delivered at the election, and shall seal the package and endorse it with a description of its contents and the date of the polling, and shall sign that endorsement, and shall transmit the package to the Chief Electoral Officer, who shall deposit all packages so received with the Registrar of the Court.
(2) The Registrar of the Court shall note on each package the date of receipt thereof and keep the same for six months thereafter, and shall not open the package or permit the same to be opened, except on the order of the Court, and shall at the end of six months cause the same to be destroyed unopened.
(3) Any person who opens any such package or destroys the same or any of the contents thereof, except as provided in this section, commits an offence, and is liable on conviction to a fine not exceeding $1000.
(4) All copies of the official rolls used at the election and attached lists of special electors on which, the fact of any person having received a voting paper or having exercised a postal vote has been noted, shall be forwarded by the Returning Officer through the Chief Electoral Officer to the Chief Registrar of Electors, and shall be retained by the Chief Registrar of Electors until after the disposal of any electoral petition by the Court when he or she shall cause the same to be destroyed.
(5) Any person may inspect any official roll, and the attached list, at the Chief Registrar of Elector's office without payment of any fee at any time when the office is open for the transaction of business and before they are destroyed pursuant to subsection (4) of this section.
(6) Every electoral official who on any inquiry under Part VI of this Act is found by the Court as having failed to take reasonable steps to secure the safe custody of all voting papers for which he or she is responsible, with the result that any such voting paper was removed from his or her custody, commits an offence, and is liable on conviction to a fine not exceeding $1000 or to imprisonment for a term not exceeding three months.
Offences at Elections
(1) Every electoral official, scrutineer, or any other person appointed for the purposes of this Act shall use or disclose information acquired by him or her in that capacity only for and in accordance with his or her official duty or his or her duty as a scrutineer, as the case may require.
(2) No person, except for some purpose authorised bylaw, shall -
(a) attempt to obtain in a polling booth information as to the candidate for whom or the party for which any elector in a booth is about to vote or has voted;
(b) communicate at any time to any person any information obtained in a polling booth as to the candidate for whom or the party for which any elector at the booth is about to vote or has voted, or as to the consecutive number on the voting paper given to any elector at the booth.
(3) Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at that counting as to the candidate for whom or the party for which any vote is given in any particular voting paper.
(4) No person shall, directly or indirectly, induce any elector to display his or her voting paper after he or she has marked it, so as to make known to any person the name of the candidate for or against whom he or she has voted or the name of the party for which he or she has voted.
(5) No elector shall wilfully do anything in any booth which might tend to disclose the candidate for whom or the party for which he or she has voted.
(6) Every person who offends against this section commits an offence, and is liable on conviction to a fine of $5000 or imprisonment for a term not exceeding six months.
(1) Every person commits an offence and shall be liable on conviction to a fine not exceeding $1000 who at an election -
(a) in any way interferes with or attempts to interfere with any elector -
- (i) when the elector is marking his or her vote;
- (ii) either in the polling booth or while the elector is on his or her way thereto with the intention of influencing the elector, or advising the elector as to the elector's vote;
- (iii) who has received a postal voting paper with the intention of influencing the elector, or advising the elector as to the elector's vote;
(b) exhibits or leaves in any polling booth any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting.
(2) Every person commits an offence and shall be liable on conviction to a fine not exceeding $1000 who at any time on polling day before the close of the poll -
(a) in or in view or hearing of any public place, holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever;
(b) makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus;
(c) at any time after 6 p.m. of the day before polling day, prints or distributes or delivers to any person any card or paper (whether or not it is an imitation voting paper) having thereon the name of a candidate or names of any of the candidates, together with any direction or indication as to the candidate for whom any person should vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any voter;
(d) exhibits in or in view of any public place, or publishes or distributes, or broadcasts any statement advising or intended or likely to influence any elector as to the candidate or party for whom he or she should vote:
Provided that this paragraph shall not apply to any statement in a newspaper published before 6 p.m. of the day before polling day.
(3) It shall not be an offence against this section for -
(a) any person to display on their person any party emblem; or
(b) any Leader of any political party involved in the election to make any official public address.
(4) Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.
Every person commits an offence, and is liable on conviction to a fine not exceeding $5000 or to imprisonment for a term not exceeding six months, who, at any time after public notice has been given of the names of candidates pursuant to section 39 of this Act and before the close of the poll, publishes, or exposes, or causes to be published or exposed, to public view any document or writing or printed matter containing any untrue statement defamatory of any candidate with the intention of influencing the vote of any elector.
(1) Every person commits an offence and, being a person appointed in connection with the conduct of an election under this Part of this Act, is liable on conviction to imprisonment for a term not exceeding one year or, being any other person, is liable on conviction to a fine of $1000 or imprisonment for a term not exceeding three months, who:
(a) forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any voting paper or official mark of any voting paper; or
(b) without due authority supplies any voting paper to any person; or
(c) puts into any ballot box any paper other than the voting paper that he or she is authorised by law to put therein; or
(d) obtains possession of or has in his or her possession any voting paper other than the one given him or her by the Presiding Officer or, in the case of a postal voting paper, sent to him or her by the Returning Officer for the purpose of recording his or her vote, or retains in his or her possession any voting paper after leaving the polling booth; or
(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or box or parcel or package of voting papers then in use for the purposes of the election, or in the course of transmission by post or otherwise, or thereafter wherever the same may be kept as a record of the election.
(2) Every person commits an offence, and is liable on conviction to a fine of $5000 or imprisonment for a term not exceeding one year, who fraudulently removes any voting paper that has been put into the ballot box.
(3) Every person commits an offence, and is liable on conviction to a fine not exceeding $500 who -
(a) wilfully makes a false answer to any question the Presiding Officer is authorised to put to him or her; or
(b) votes or offers to vote more than once at the same election.
(1) Every person is guilty of a corrupt practice, who, in connection with any election, is convicted of bribery, treating, undue influence, or personation as defined in sections 83 to 86 of this Act and is liable on conviction to imprisonment for a term not exceeding five years.
(2) Where a Returning Officer believes that any person has committed any of the offences defined in sections 83 to 86 of this Act, he or she shall report the facts on which that belief is based to the police for further action to be taken.
Every person commits the offence of bribery who, in connection with any election -
(a) directly or indirectly gives or offers to any elector any money or valuable consideration or any office of employment in order to induce the elector to vote or refrain from voting; or
(b) directly or indirectly makes any gift or offer to any person in order to induce that person to procure or endeavour to procure the return of any candidate or the vote of any elector; or
(c) upon or in consequence of any such gift or offer, procures or endeavours to procure the return of any candidate or the vote of any elector; or
(d) advances any money to any person with the intent that that money or any part thereof shall be expended in bribery within the meaning of this section; or
(e) being an elector, directly or indirectly receives or agrees to receive any gift, money, valuable consideration, office, or employment as aforesaid in return for voting or refraining from voting or for agreeing thereto.
Every person commits the offence of treating who, being a candidate at any election, by himself or herself or by any other person on his or her behalf, either before or during an election, directly or indirectly gives or provides or pays wholly or in part the expense of giving or providing any food, drink, entertainment, or other provision to or for any person -
(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
(b) for the purpose of procuring himself or herself to be elected:
Provided that it shall not be an offence against this section for a candidate to provide at any time after the close of the poll, hospitality according to local custom or practice.
Every person commits the offence of undue influence who -
(a) directly or indirectly, by himself or herself or by any other person on his or her behalf, uses or threatens to use any force, violence, or restraint, or inflicts any damage, harm, or loss upon or against any person, in order to induce or compel that person to vote for or against a particular candidate or party or to vote or refrain from voting, or on account of that person having voted for or against a particular candidate or having voted or refrained from voting; or
(b) by abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of an elector, or thereby compels, induces, or prevails upon an elector either to vote or to refrain from voting.
(1) Every person commits an offence of personation who at any election -
(a) votes as some other person, whether that person is living or dead or is a fictitious person; or
(b) having voted at the election, votes again at the same election; or
(c) having voted at the election in any constituency, votes at the same election in another constituency.
(2) For the purposes of this section, a person shall be deemed to have voted if he or she has applied for a voting paper for himself or herself, or has applied to vote as a special voter, or has marked a voting paper for himself or herself, whether validly or not.
PART V
POSTAL VOTING
(1) Every elector of the Overseas Constituency wishing to vote shall vote by postal vote as provided in this Part of this Act.
(2) Any elector of a constituency in the Cook Islands who is for the time being outside the Cook Islands or who will on polling day be outside the Cook Islands and who has notified the Returning Officer affected on his or her address may vote by postal vote.
(3) As soon as practicable after the close of nominations, the Returning Officer shall forward by post to each elector referred to in subsections (1) and (2) of this section at the address shown against the elector's name on the roll or at any other address supplied by the elector to the Returning Officer -
(a) a postal voting paper; and
(b) an envelope marked "Postal Vote"; and
(c) an envelope addressed to the Returning Officer.
(4) Every envelope addressed to the Returning Officer shall bear on its face the number of the elector's name on the roll.
(5) Before forwarding any postal voting paper to any elector, the Returning Officer shall in the presence of such scrutineers if any -
(a) firmly fix a piece of gummed paper over the consecutive number of the voting paper so as to conceal it effectively or take such other steps as he or she considers necessary for the effective concealing of the consecutive number; and
(b) on the counterfoil of the voting paper also write his or her initials and the number appearing on the roll against the name of the elector to whom the voting paper is to be forwarded; and
(c) on both counterfoil and the voting paper place his or her official mark; and
(d) indicate on a copy of the roll, to be called "Postal Votes Issued" by appropriate words, abbreviations, or marks, against the number and name of the elector on the roll, the fact that a postal voting paper has been forwarded to the elector together with the date that it was forwarded.
Every postal voting paper shall be on Form 14.
(1) On receipt of a postal voting paper, the elector shall alone and secretly, exercise his or her vote in accordance with the instructions on the voting paper and in accordance with any additional instructions that the Returning Officer may consider advisable to give to the elector.
(2) Where any elector:
(a) is wholly or partially blind; or
(b) is unable to read or write (whether because of physical handicap or otherwise); or
(c) is not sufficiently familiar with the English or Cook Islands' Maori languages to vote without assistance, and the Returning Officer has not included with the voting paper, a translation of the "Directions to Elector" section of the voting paper, into a language with which the elector is sufficiently familiar to enable him or her to vote without assistance -
the voting paper may be marked by the elector with the assistance of a person, other than a person who is an elector or a person having an interest in the outcome of the election, in accordance with the instructions of the elector.
(1) After the vote of an elector has been exercised as provided in section 89 of this Act, the elector shall enclose the voting paper in the envelope marked "Postal Vote", and then shall enclose and return that envelope in the envelope addressed to the Returning Officer.
(2) Subject to section 92 of this Act, upon receipt of an envelope addressed to him or her, the Returning Officer shall, in the presence of such scrutineers if any -
(a) record on the envelope addressed to him or her:
- (i) the date of receipt by him or her of that envelope; and
- (ii) the name of the person from whom it was received if delivered by hand;
(b) draw a line in ink through the number and name of the elector on a copy of the roll, to be called the "Postal Votes Received" and the date of receipt of that postal vote;
(c) open the envelope addressed to him or her and extract therefrom the envelope marked "Postal Vote" containing the voting paper; and place it in the ballot box referred to in section 93 of this Act;
(d) retain the envelope addressed to him or her in a locked and fireproof room or a fireproof container in a locked room.
No postal voting paper shall be valid unless it is received by the Returning Officer or the Chief Electoral Officer, as the case may be, before the close of the poll.
Any envelope containing a postal voting paper received after the close of the poll by the Returning Officer or the Chief Electoral Officer, as the case may be, shall be marked "Received after the close of poll" and shall be signed by the Returning Officer or the Chief Electoral Officer, as the case may be, and marked with his or her official mark and shall be set aside unopened.
(1) The Returning Officer or the Chief Electoral Officer, as the case may be, shall provide in his or her office a sealed or locked ballot box and shall forthwith place unopened in that ballot box all envelopes containing postal votes received by him or her before the close of the poll and that ballot box shall not be opened until after the close of the poll.
(2) The ballot box containing envelopes received by the Returning Officer or the Chief Electoral Officer, as the case may be, before the close of poll shall, except during ordinary office hours, be kept by him or her in a locked and fireproof room or in a fireproof container in a locked room.
(1) After the close of poll, the Returning Officer or the Chief Electoral Officer, as the case may be, shall in the presence of such of the scrutineers as may be present and such members of his or her staff as are authorised by him or her, open the ballot box referred to in section 93 of this Act and remove from it every envelope therein and from each envelope extract the voting paper.
(2) When all the envelopes have been opened and set aside, the total number of postal votes recorded for each candidate shall be ascertained and included in the preliminary count of the votes conducted under section 69 of this Act.
(3) The Returning Officer or the Chief Electoral Officer, as the case may be, shall, as soon as practicable after the close of the poll, make up into separate parcels all the postal voting papers received by him or her before the close of the poll, the copy of the roll called "Postal Votes Issued" together with the roll called "Postal Votes Received", all the corresponding counterfoils or postal voting papers that have been sent to electors, and the envelopes set aside unopened under section 92 of this Act, and those parcels shall in the sight of such of the scrutineers as are present be marked "Postal" and sealed by him or her, and that endorsement shall be signed by the Returning Officer or Chief Electoral Officer and such scrutineers as are present.
(1) The following provisions of this Act shall not apply to postal votes and postal voting -
(a) subsection (2) of section 47; and
(b) sections 53 to 68.
(2) Subject to this Part of this Act, and except as provided in subsection (1) of this section, all the provisions of this Act, as far as they are applicable and with the necessary modifications, shall apply to postal voting.
(3) For the purpose of the application of the provisions of this Act to postal voting in the Overseas Constituency, the office of the Returning Officer shall be deemed to be a polling booth.
PART VI
DISPUTED ELECTIONS
Election Petitions
(1) Where any candidate and five electors, or where ten electors, are dissatisfied with the result of any election held in the constituency for which that candidate is nominated, or in which those electors are registered, they may, within seven days after the declaration of the results of the poll by the Chief Electoral Officer by petition filed in the Court as hereinafter mentioned, demand an inquiry into the conduct of the election or any candidate or other person thereat.
(2) Every such petition shall be accompanied by a filing fee of $1,000.
(3) The petition shall be in Form 15, and shall be filed in the Court, and shall be heard and determined before a Judge of the Court.
(4) The petition shall allege the specific grounds on which the complaint is founded, and no grounds other than those stated shall be investigated except by leave of the Court and upon reasonable notice being given, which leave may be given on such terms and conditions as the Court deems just:
Provided that evidence may be given to prove that the election of any rejected candidate would be invalid in the same manner as if the petition had complained of his or her election.
(1) Notwithstanding anything contained in any other Act, in any proceedings where an election petition is filed and at any stage after the filing thereof, the Court shall order security to be given by the petitioner personally for the costs of the hearing of the petition and shall order the hearing of the petition to be stayed until such security has been given.
(2) Every order made pursuant to this section shall fix a day not later than the last day for the commencement of the hearing of the petition by which security shall be given and may fix such other terms and conditions as the Court thinks just.
(3) In fixing the amount of security for costs the Court shall have regard to the costs which the respondent or any other party to the petition will probably incur, provided that any amount so fixed shall not be less than $5,000.
(4) If any petitioner fails to comply with any order for security for costs the Court shall dismiss the petition for want of prosecution.
(5) The provisions of this section shall apply notwithstanding that any respondent or other interested party (if any) may have previously taken any step in the action.
Any candidate or other interested party (if any) may, at any time before the commencement of the inquiry, file in the Court a notice in writing of his or her intention to oppose the petition, and thereupon the candidate or other interested party (if any) shall be deemed to be a party to the petition.
The inquiry shall be commenced as soon as practicable after the filing of the petition, but not earlier than fourteen days after the day on which the poll was closed, and, not less than seven clear days' public notice shall be given of the time and place at which the inquiry will be held.
For the purpose of the inquiry, the Court shall have and may exercise all the powers of citing parties, compelling evidence, adjourning from time to time and from place to place, and maintaining order that the Court would have in its ordinary jurisdiction, and, in addition, may at any time during the inquiry direct a recount or scrutiny of the votes given at the election, and shall disallow the vote of every person who -
(a) has voted, not being entitled to vote; or
(b) has voted for more than one candidate.
No election shall be declared void by reason of any irregularity in any of the proceedings preliminary to the polling or by reason of any failure to hold a poll at any place appointed for holding a poll, or to comply with the directions provided under this Act as to the taking of the poll or the counting of the votes or by reason of any mistake, in the use of the forms provided under this Act, if it appears to the Court that the election was conducted in accordance with the principles laid down in and by this Act and that the irregularity, failure or mistake did not affect the result of the poll.
(1) The Court shall determine whether, by reason of some irregularity that in its opinion materially affected the result of the election, the election is void; or whether the candidate whose election is complained of, or any other candidate, was duly elected.
(2) The Court shall cause any determination under this section to be transmitted to the Chief Electoral Officer, who shall forthwith -
(a) publicly notify any such determination;
(b) where any election is determined to be void, declare the seat vacant pursuant to section 8 of this Act;
(c) where any other candidate is determined to be elected, declare that candidate to be elected pursuant to section 73 of this Act, and revoke any warrant previously issued by him or her.
Where on any inquiry conducted under this part of this Act the Court is of the opinion that any irregularity has been wilfully committed by any person, the Court shall direct the Commissioner of Police to take proceedings for the prosecution of that person, who on conviction shall (unless some other penalty is elsewhere prescribed) be liable -
(a) to a fine not exceeding $5000 or imprisonment for a term not exceeding five years, where the irregularity, in the opinion of the Court, materially affected the result of the election; or
(b) to a fine not exceeding $1000, where the irregularity did not, in the opinion of the Court, materially affect the result but defeated the fairness of the election.
(1) The Court may order that the expenses of and incidental to the inquiry shall be borne either by any party to the inquiry, or, where the Court declares the election void on the grounds of or partly on the ground of any negligence or misfeasance on the part of any electoral official or any other person exercising any function at the election under this Act, may order that those expenses be borne by that official or other person; and that order shall have the same effect and may be enforced in like manner as if it were a judgement for a sum of money obtained in the Court:
Provided that no such order shall be made against any person other than the party to the inquiry, unless he or she has been summoned to attend and give evidence at the inquiry.
(2) Subject to any order made under subsection (1) of this section, the Court shall direct that the whole or part of the deposit accompanying any petition shall be returned to the person or persons who paid the same, unless the Court is of the opinion that the petitioner or petitioners have failed to establish the grounds specified in their petition, or any other grounds investigated by leave of the Court, in which case the deposit or the surplus remaining after satisfying the order shall be forfeited to the Crown.
(1) Every determination or order by the Court in respect of or connection with any proceedings under sections 25, 37, or 74 of this Act, or in respect of or in connection with an election petition shall be final and conclusive and without appeal.
(2) Notwithstanding the provisions of subsection (1), of this section where any party to any proceeding to which this section applies is dissatisfied with any decision of the Court as being erroneous in any point of law, that party may appeal to the Court of Appeal by way of case stated for the opinion of that Court on a question of law only.
(3) In its determination of the appeal, the Court of Appeal may confirm, modify or reverse the decision appealed against or any part of that decision.
(4) Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Court or the Court of Appeal so orders.
(5) The determination of the Court of Appeal on any appeal to which this section applies shall be final and conclusive and without further appeal.
(1) Notwithstanding anything in section 105 of this Act, the Court of Appeal may, instead of determining the appeal to which section 105 applies, direct the Court to reconsider, either generally or in respect of any specified matter, the whole or any specific part of the matter to which the appeal relates.
(2) In giving any direction under this section the Court of Appeal shall:
(a) advise the Court of its reasons for so doing; and
(b) give to the Court such directions as it thinks just as to the rehearing or reconsideration or otherwise of the whole or any part of the matter that is referred back for rehearing or reconsideration.
(3) In rehearing or reconsidering any matter referred back to it pursuant to this section, the Court shall have regard to the Court of Appeal's reasons for giving a direction under subsection (1) of this section, and the Court of Appeal's directions under subsection (2) of this section.
PART VII
MISCELLANEOUS PROVISIONS
(1) The Registrar of the Court shall forthwith, after adjudication as a bankrupt of a Member, or after the Member's conviction of an offence under section 110(2) of this Act, or of any offence described in section 8(1)(h) of this Act, notify the fact to the Chief Electoral Officer and the Chief Registrar of Electors.
(2) The Registrar of Deaths by whom the death of any Member is registered shall, within one working week of making that registration, notify the fact to the Chief Electoral Officer and the Chief Registrar of Electors.
(3) Upon receipt of notices pursuant to subsections (1) and (2) of this section the Chief Electoral Officer shall notify the Speaker.
(1) Any requirement of printing under this Act shall be satisfied by typewriting and any mechanical process of reproducing typewritten copies, and the term "print" shall, where necessary, be construed accordingly.
(2) Where any form prescribed by or referred to in this Act is not available, a form may be improvised, and any electoral official using or issuing any such form so improvised shall affix his or her initials or official mark thereto.
(1) Every person making or giving any claim, application, declaration, or notice under this Act shall sign the same with his or her own hand, or, if he or she cannot write, his or her mark shall be attested by a Police Constable, an officer of the Court, or any electoral official.
(2) Except as provided in this Act, every such document may be delivered to any electoral official appointed in any constituency for the purpose of this Act, who shall transmit it by facsimile, mail or telegram as the circumstances require, to the Chief Electoral Officer, the Court, or the appropriate electoral official, as the case may be, and the expenses of any such transmission of any such bona fide document shall be paid out of the Cook Islands Government Account.
(1) Every person commits an offence, and is liable on conviction to a fine not exceeding $1000, who -
(a) procures themselves to be nominated as a candidate for election as a Member knowing themselves to be incapable under any provision of this Act or of the Constitution of holding that office; or
(b) signs any nomination paper purporting to nominate to that office a person who is, to the knowledge of the person signing, incapable as aforesaid; or
(c) signs any nomination paper knowing himself or herself not to be qualified to nominate a candidate.
(2) Every Member who sits or votes in Parliament, being disqualified under any provision of this Act or the Constitution and knowing himself or herself to be so disqualified, or being liable to have his or her seat declared vacant under any provision of this Act or the Constitution and knowing himself or herself to be so liable, commits an offence and is liable on conviction to a fine not exceeding $100 for every day on which he or she so sits.
(3) Where any person does or omits to do, outside the Cook Islands, in relation to any election, any act which, if done or omitted within the Cook Islands, would be an offence against this Act, he or she shall be deemed to have committed that offence in the Cook Islands, and is liable on conviction to the penalty to which he or she would be liable if the offence had been committed in the Cook Islands.
(1) Every person appointed to carry out the provisions of this Act who is found guilty of any wilful or negligent act of commission or omission contrary to the provisions of this Act in respect of any election, and for which no other penalty is provided by this Act shall be liable on conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding one month.
(2) Any person who commits a breach of this Act for which no other penalty is provided by this Act, is liable on conviction to a fine not exceeding $100.
Where -
(a) any provision of this Act cannot be carried out by reason of lack of communication between any islands or by reason of an act of God; or
(b) anything is omitted to be done or cannot be done at the time required by or under this Act, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act -
the Chief Electoral Officer may, by public notice, at any time before or after the time within which the thing is required to be done, extend that time, or validate anything so done before or after the time required or so irregularly done in matter of form, or make such other provision for the case as he or she thinks fit.
(1) All sums required to be paid by any Chief Electoral Officer or Deputy Chief Electoral Officer for the purpose of this Act shall be paid out of the Cook Islands Government Account without further appropriation than this section.
(2) All sums required to be paid by any Chief Registrar of Electors for the purpose of this Act shall be paid out of the Cook Islands Government Account by annual appropriation under the Ministry of Justice.
(1) The Queen's Representative may from time to time by Order in Executive Council make all such regulations as may be deemed necessary or expedient for the purpose of:
(a) giving full effect to the provisions of this Act and for the due administration thereof; and
(b) amending the forms set out in the First Schedule in a manner consistent with this Act; and
(c) prescribing such additional forms to be included as part of the First Schedule to give effect to this Act and its administration.
(2) Regulations made under this section may prescribe for offences against the regulations punishable by a term of imprisonment not exceeding three months or a fine of $100 or both.
(3) All regulations made under this section shall be laid before Parliament within twenty-eight days after the date of the making thereof if Parliament is then in session and if not shall be laid before Parliament within twenty-eight days after the date of the commencement of the next ensuing session.
(1) The enactments set out in the Second Schedule are repealed.
(2) Without limiting the provisions of the Acts Interpretation Act 1924 (New Zealand) as applied to the Cook Islands pursuant to section 622 of the Cook Islands Act 1915 as amended by the Cook Islands Amendment Act 1965, it is hereby declared that the repeal or revocation of any provision by this Act shall not affect any document made or anything whatsoever done under the provision so repealed or revoked or under any corresponding former provision and every such document or thing so far as it is subsisting or in force at the time of the repeal or revocation and could have been made or done under this Act shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
This Act is administered by the Ministry of Justice
RAROTONGA, COOK ISLANDS: Printed under the authority of the Cook Islands Government - 1998
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URL: http://www.paclii.org/ck/legis/num_act/ea1998103
