Samoa

Electoral Act of Samoa (1963, last amended 2000)

Updated: June 2015

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Section 19 states:

Subject to the provisions of the Constitution and of this Act every person shall be qualified to be an individual voter and have this name entered on the individual voters’ roll if he is an adult citizen of Samoa…

 

Excerpt from the Electoral Act of Samoa (1963, last amended 2000)

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Section 5, subsection (5) states:

A person shall be disqualified for being a candidate or being elected as a Member of Parliament if he…

  • (c) Is of unsound mind and is subject to an order of medical custody…

 

Section 10 states:

The seat of a Member of Parliament shall become vacant on the occurrence of any of the events…and he shall be disqualified from holding his seat…

  • (h) If he becomes of unsound mind and subject to an order to medical custody…

 

Section 16B states:

The following persons are disqualified for registration as electors or voters...

  • (a) A person who is detained in a hospital, a prison or some other place of security …

 

Section 73 states:

(1) Any elector or voter who is wholly or partially blind or is unable to read or write (whether because of a physical handicap or otherwise), or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.

(2) At the request of any such elector or voter … the Presiding Officer shall accompany him into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may be there marked by the elector or voter with the assistance of the Presiding Officer or may be marked by the Presiding Officer in accordance with the instructions of the elector or voter.

(3) The person assisting the elector or voter shall sign his name on the back of the ballot paper and shall add the words 'Witness for blind or partially blind person' or 'Witness for person unable to read or write' or 'Witness for person not familiar with the English language,' as the case may be, and shall fold the ballot paper so that its face cannot be seen before depositing it in the ballot box…

 
Excerpts from the Electoral Act of Samoa (1963, last amended 2000)

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Section 25B, subsection (2) states:

Where a person making an application or declaration in respect of registration as an elector or voter is physically disabled, the application or declaration may be signed on his behalf by a registered elector or voter who signs by direction of the physically disabled person and who indicates on the application of declaration-

  • (i) that the applicant or declarant is a physically disabled person; and ii) that the application or declaration is being signed by direction of the applicant or declarant.

 

Section 73 states:

(1) Any elector or voter who is wholly or partially blind or is unable to read or write (whether because of a physical handicap or otherwise), or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.

(2) At the request of any such elector or voter who has received a ballot paper the Presiding Officer shall accompany him into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may be there marked by the elector or voter with the assistance of the Presiding Officer or may be marked by the Presiding Officer in accordance with the instructions of the elector or voter…

(4) A poll clerk or some other person nominated by the elector or voter may also accompany him into the inner compartment and may, if so desired by the elector or voter, inspect the ballot paper before it is deposited in the ballot box.

(5) Every person who is present in accordance with this section or with any regulations when an elector or voter votes and who communicates at any time to any person any information obtained as to the candidate for whom the elector or voter is about to vote or has voted, or as to the number on the ballot paper given to the elector or voter, commits an offence, and shall be liable to imprisonment for a term not exceeding three months.

 
Excerpts from the Electoral Act of Samoa (1963, last amended 2000)

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Section 5, subsection (5) states:

A person shall be disqualified for being a candidate or being elected as a Member of Parliament if he…

  • (c) Is of unsound mind and is subject to an order of medical custody…

 

Section 10 states:

The seat of a Member of Parliament shall become vacant on the occurrence of any of the events…and he shall be disqualified from holding his seat…

  • (h) If he becomes of unsound mind and subject to an order to medical custody…

 

Excerpts from the Electoral Act of Samoa (1963, last amended 2000)