Frequently Asked Questions
No, a candidate can only nominate for one electorate at a time.
What if a candidate already nominated for an electorate and then changes their mind and wants to nominate for a different electorate?
- If a candidate wants to change the electorate they have nominated for, they can do so as long as the nomination period has not ended but they must withdraw their former nomination.
- To do this the person must submit to the PRO or RO for the electorate Form 26 – Withdrawal by Candidate of Consent to Nomination. The form must be signed in the presence of the PRO or RO.
- The withdrawal must be done before submitting a second nomination for another electorate.
- A copy of the signed form will be given to the candidate as proof of withdrawal.
- After the end of the nomination period, nominations can no longer be withdrawn.
- If a second nomination is received without the first being withdrawn, only the nomination that was received first is valid.
- Yes, as long as the candidate has all the qualifications and none of the disqualifications that I mentioned earlier.
- In this case, the PRO or RO for the electorate the candidate nominates for will place his/her name on the Roll, provided he or she:
- was born in the electorate for which they intend to nominate; or
- has resided in the electorate for a continuous period of two years immediately preceding their nomination; or
- has resided in the electorate for a period of five years at any time.
Can candidates get a refund of the K1,000 nomination fee if they decide not to proceed with their candidacy?
- As a general rule, once a nomination is accepted and the nomination period has ended, the nomination fee cannot be refunded.
- Refunds are only permissible in the following circumstances:
- If a candidate dies before the end of the polling period. In this situation, the nomination fee is to be returned to the candidate’s legal representative.
- If the nomination period has not ended and the candidate decides to withdraw his or her nomination. The candidate must complete and submit Form 26 – Withdrawal by Candidate of Consent to Nominate.
- If a nomination is rejected.
- Yes, the qualification of a person can be questioned, or “objected to”, by another person provided there is evidence.
- If this occurs, the RO or PRO will consider the information and refer the nomination to the Electoral Commissioner for decision, together with a statement of grounds and supporting documentation.
- For example, if a person who nominates is known to have been disqualified from holding an elective office, then that fact must be brought to the attention of the RO or the PRO or the PNGEC. The submission of supporting evidence, for example, a copy of the decision or records of the court, will help the PNGEC decide on the matter.
- Yes, the Electoral Commissioner has the power to reject the nomination of a candidate if there is evidence that the intending candidate does not have all the qualifications and/or suffers from any of the disqualifications I mentioned earlier.
- ROs and PROs cannot reject a nomination. If an RO or PRO is not satisfied that the nomination substantially complies with the law, they must refer the nomination to the Electoral Commissioner for decision.
What if an intending candidate makes a small error or omission in a form? What if the person fails to provide the photos as required in a form? Can any of these be used as a ground to reject the nomination?
- These are mere formal defects, that do not relate to the qualification of disqualification criteria, which according to the law cannot be the sole basis for rejecting a nomination as long as the provisions of the law have been substantially complied with.
- For example, failure to pay the nomination fee, is not a mere formal defect as it is a requirement under the Constitution. If an intending candidate fails or refuses to pay, or fails to provide evidence of having paid the nomination fee, then the nomination is not compliant with the law and must be rejected.
- No, an intending candidate’s nomination cannot be rejected based on the sole ground he or she is a public servant or ward member who has not resigned in accordance with administrative rules.
- Failure to resign is not one of the grounds to disqualify a person or reject his or her nomination.
- There are, however, administrative consequences for the failure to resign as required by the Public Services Management Act. For example, if the candidate loses, there is no possibility of being reinstated.
Can the person whose nomination was rejected by the Electoral Commission appeal the decision? Where and how?
- An appeal can be brought to the National Court because the National Court has the jurisdiction to decide on the qualification of a person to become or remain a member of the Parliament. The appeal, however, must be brought before the start of polling.
- On the 8th of February 2022, Pandemic Measure Number 3 on Domestic measures was re-issued.
- It states that all political rallies, events and gatherings connected to the 2022 National Election are exempted from gathering limits, but must comply with the Niupela Pasin guidelines.