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Commission of Inquiry into matters arising from the 2025 General Elections

A bit of Background

Following the conduct of the General Elections 2025, several issues, concerns, challenges, and observations regarding the administration, conduct, and legal framework governing elections in Samoa were observed.

Cabinet has directed through FK (26)22 the establishment of a Commission of Inquiry (the Commission) to examine matters arising from the General Elections 2025 and to undertake a review of the legislative and regulatory framework governing elections in Samoa, with a view to strengthening electoral integrity, public confidence, transparency, accountability and democratic participation.

Cabinet has also established separate Task Forces to consider matters relating to Out-of-Country Voting and the Review of Electoral Boundaries.  The work of these Task Forces shall proceed independently of the Commission.  The Commission may have regard to any implications arising from the initiatives of these Task Forces, insofar as they relate to the broader electoral framework, but shall not duplicate or assume responsibility for their respective mandates.

Particular concern has been raised regarding the operation of the election petition process, including the length of time required for the determination of election petitions and the implications for electoral certainty, representation and public confidence in democratic institutions.
✅Where you come in?

Below are the matters outlined in Section 3: Scope of Inquiry of the Commission of Inquiry's Terms of Reference.

We invite you to share your views, experiences, and recommendations on any of the matters being reviewed. You do not need to respond to every section. Simply provide feedback on the areas you feel are relevant to you and skip those you do not wish to comment on.

Every contribution is valuable, and your feedback will help inform the Commission's review and recommendations.

1. A bit more about yourself:

3.1 Electoral Legislative Framework

3.1.1. Political Parties:

a. Review the functions of the Secretary of a Political Party under Part 2 of the Act and prescribe the necessary criteria for a person to qualify as a Secretary of a Political Party.

b. Review the eligibility requirements for a Current Financial Member of a Political Party.

c. Review the process applicable where the Electoral Commissioner cancels the registration of a Political Party.

3.1.2. Eligibility for Candidacy:

a. Consider implementing a system whereby the Electoral Commissioner may review a challenge to the eligibility of a candidate when new or fresh evidence is provided, instead of requiring the matter to be filed before the Court.

b. Revisit the role of the Sui o le Nuu and Sui Tamaitai in confirming a candidate’s monotaga during nomination process, including whether their confirmation remains necessary where two matai already provide confirmation.

c. Revisit the requirements relating to the two matai who confirm the monotaga of a person contesting an election, including the requirement that are registered matai and have resided in the village and sit in the village council in which the person is contesting, for at least three years.

d. Consider whether an applicant seeking to challenge the nomination of another candidate should be required to pay security for costs when filing nomination challenge.

e. Consider requiring a medical certificate and drug test certificate as part of eligibility documents to be submitted by a person contesting an election.

3.1.3. Voter Registration and Transfer:

a. Review the transfer exemption applicable to a Candidate and consider extending it to the Candidate’s parents, grandchildren and spouses of candidate’s children.

b. Consider limiting the parent-child relationship for transfer purposes to a biological or legally recognized parent-child relationship.

c. Review the qualifying period for a voter to transfer his or her voting constituency by reducing the current requirement from 10 years to 5 years.

d. Review the definition of “residence” and the requirements applicable when a voter transfers to a new place of residence, including whether residence should mean a place where a person lives permanently or for an extended period.

3.1.4. Electoral Rolls:

a. Consider the feasibility of requiring the Re-registration of eligible voters every 10 years to maintain the accuracy of the Electoral Rolls.

b. Review the minimum age requirement for a relative confirming the death of a registered voter and consider increasing it to 21 years.

c. Consider introducing a revised timeframe for voter objections, whereby objections may be lodged at any time before the closure of the Rolls and, where not resolved administratively, may be referred to the Court no later than 8 days after the closure of Rolls. The Court should determine the matter within 21 days of referral.

d. Revisit the Temporary Closure of Rolls for a General Election so that the Rolls close at 4pm on the day following the expiration or dissolution of the Legislative Assembly and reopen for registrations on the return of the election writ.

e. Consider the use of photo rolls only, for all operations and administration purposes?

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3.1.5. Campaigning:

a. Revisit the legal framework governing election campaigning to ensure that it expressly applies to both candidates and political parties. Consideration must be given to clarifying the scope of approved methods of campaigning for both candidates and political parties.

b. Review the prohibited period of campaign and the extent to which approved methods of campaigning are permissible in consideration of overseas voters and any overseas campaign activities conducted by a candidate or political parties.

c. Consider inserting a strict liability framework for any breaches of election campaign provisions to promote compliance and consistent enforcement.

3.1.6. Nominations and Issuing of Writ:

a. Consider reverting to the position under the1963 legislation whereby nomination open following the dissolution of Parliament.

b. Consider introducing a system of provisional acceptance of a candidate’s nomination where the candidate’s voter eligibility is subject to an unresolved objection, allowing the Electoral Commissioner to provisionally accept the nomination pending the determination of that objection by the Court.

3.1.7. General Election:

a. Revisit the feasibility of having Sui Faipule o Tamaitai or the 10% minimum representation of women in Parliament, including whether the minimum number should be 5 or 6 women.

b. Consider implementing a new approved method for identifying the additional woman member where this becomes necessary following a general election.

3.1.8. Recount and Election Petitions:

a. Review the statutory requirements for the application for a recount under Division 4 of Part 10 of the Act.

b. Review the grounds for the withdrawal of an election petition filed before the Court, including measures to prevent the resignation of a Member who is a respondent to an election petition.

c. Revisit the election petition process and provide a more timely procedure for the determination of election petitions to ensure Court’s decisions are delivered expeditiously, and parliamentary seats are not left vacant unnecessarily.

d. Consider the need (if required) to delay the conducting of a by election for an election petition matter appealed on a judicial issue.

e. Consider the practicality of retaining private prosecution in electoral matters, with a view to minimizing frivolous prosecutions brought out of personal vindictiveness.

f. Consider repealing the Election Petition Rules and incorporating the petition publication requirements into the Electoral Act, including consideration of additional media platforms beyond newspapers for publication.

3.2 Electoral Administration

a. Consider replacing the term “prescribed form” with “approved form” wherever appropriate in the Act, thereby empowering the Electoral Commissioner to amend administrative forms used by the Office in the discharge of its functions without requiring formal prescription by the Head of State.

b. Consider inserting a provision prohibiting amendments to the electoral legislation within one year before a General Election.

3.3 Electoral Integrity and Compliance

a. Review the electoral law to include an express provision governing the process to be followed where Parliament is dissolved early and a General Election is consequently required.

b. Revisit electoral offences under the Act to consider its effectiveness in curbing vote buying, treating, intimidation, misuse of public resources and abuse of public office during election campaigns.

c. Consider inserting provisions expressly providing for the monitoring and enforcement of electoral offences and for the Judiciary to give priority to electoral matters after any election.

3.4 Other Emerging Issues

3.4.1. Appeals in Electoral Matters:

a. Consider introducing a statutory right of appeal or interlocutory appeal in Electoral Petition matters, supported by a clearly defined legal framework that prescribes strict timeframes for filing, hearing and determination of such appeals.

3.4.2. Electoral Court / Electoral Tribunal:

a. Consider the feasibility of establishing a specialist Electoral Court or Electoral Tribunal to hear and determine electoral matters at the first instance, whereby its jurisdiction extends over nomination challenges, voter objections, recount applications, election petitions, electoral offences and any other electoral matters arising from the Act.

b. Review the scope of the discretionary powers conferred upon the Court under the Electoral Act to assess whether they remain appropriate and necessary for the effective determination of electoral disputes.

c. Consider the extent in which the Court’s statutory discretionary powers permit departures from the strict legal requirements and evidentiary rules ordinarily applicable in court proceedings, and whether the current framework appropriately balances procedural fairness, judicial efficiency, and the timely resolution of electoral petitions.

3.4.3. Campaign Finance:

a. Consider whether it is time to introduce a Political Party Campaign Finance Disclosure regime as part of Samoa’s electoral framework to promote transparency, accountability, and public confidence in its electoral process. The regime should regulate the disclosure of political party campaign funding and expenditure, including the sources and use of funds during election campaigns.

3.4.4. General Issues:

a. Any other matter relating to the General Elections 2025 that the Commission considers necessary or that may be referred to the Commission by Cabinet.

Would you be open to a presentation and follow-up interview with the Commission to share more about your views?

*If you wish to do so, please ensure you have contactable details at the beginning of the form.
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