New rules set out electoral offences, penalties

Electoral offences will be classified as either corrupt electoral practices or illegal electoral practices under amendments to Fiji’s electoral legislation.

The new categorisation applies across the Electoral Act 2014, the Political Parties Act and the Electoral Registration of Voters Act 2012, according to Fiji Elections Office legal manager Mesake Dawai.

Penalties depend on the category of offence, with corrupt electoral practices carrying the possibility of imprisonment and fines.

“Any person that commits an offence which is a corrupt electoral practice is liable on conviction to a term of imprisonment not exceeding two years or to a fine not exceeding $100,000 in the case of a political party, $40,000 in the case of a candidate or polling agent or $10,000 in any other case,” he said.

A person convicted of a corrupt electoral practice may also be disqualified from registering on the National Register of Voters for four years.

The amendments also reduce the restricted radius around polling venues from 300 metres to 100 metres.

Rules governing voter transportation and refreshments have been revised to allow parties and campaigns to provide them, provided the assistance does not influence a voter’s choice.

“I urge our Fijians please don't be driven by emotions. At the end of the day it's your voice that matters,” Supervisor of Elections Ana Mataiciwa said.

“Do not be easily influenced and also if you are eating that meal, you are not obliged to be voting for that person or that party.”

Other changes give the Supervisor of Elections (SOE) powers to amend published pre-poll arrangements in specified circumstances, including situations involving weather, flooding or other events beyond the election team’s control. The changes require the Electoral Commission to be informed and the amendments to be published.

The SOE may also instruct or conduct recounts and overturn a presiding officer’s decision in the circumstances provided for under the amended law.