What the Electoral Amendment Bill (No.2) proposes for voters

On Tuesday night, the ruling Human Rights Protection Party (H.R.P.P) government referred the Electoral Amendment Bill (No. 2) 2015 to a Parliament Committee for further scrutiny.

The decision was announced by Prime Minister Tuilaepa Sa’ilele Malielegaoi after the majority of speakers during Tuesday’s session spoke against the bill, urging Prime Minister Tuilaepa to defer its passing until further consultation.

Tabled by the Minister for the Office of the Electoral Commission, Fiame Naomi Mata’afa – among other things – the Bill proposes the boundaries for Urban Constituencies East and West.

According to the Bill, Urban Constituency East commences “on the coast at the mouth of the Asaga Stream and continuing along the Asaga Stream to Fugalei Street, and from that Street in a generally southerly direction along Fugalei Street to Vaitele Street, and from that Street in a generally westerly direction to Vaimoso Road.

It continues “by that Road to the Gasegase Stream, and by that Stream to Moamoa Road, and from there in a generally south-westerly direction by that road to the Ala-i-Sa track, and then in a generally south-westerly direction by that track to its intersection with the Public Road abutting Parcels 14 and 15 Flur IX, Upolu, and from there in a generally easterly direction to the south west corner of the Vaimauga East Electoral District, and from that corner by the western boundary of the Vaimauga East Electoral District to the coast and from there by the coast back to the point of commencement, and includes the villages and sub-villages of Matafagatele, Magiagi, Vaiala, Matautu, Apia, Tanugamanono, Taufusi, Vaimea, Fugalei, Saleufi, Sogi, Mulinu'u, Papauta, Vailima, Tanumaleko, Moto'otua, Lalovaea, Fa'ato'ia and part of Alamagoto.”

The boundaries for the Urban Constituency West is defined as “commencing on the coast at the eastern boundary of Vaimauga West Electoral District and continuing in a generally south-westerly direction by that boundary to its intersection with the Safata Electoral District boundary, and from there in a generally west north-westerly direction along the Safata Electoral District boundary to the eastern side of Lake Lanuto'o, and from there in a generally north-easterly direction to the southern end of the boundary between the Vaiusu and Vailoa villages, and then by that boundary to the coast and then by the coast back to the point of commencement and includes the villages of Vaimoso, Lepea,Vailoa and part of Alamagoto.”

During the debate, criticisms of the bill came from both sides of the House.

A number of M.P's expressed disappointment, saying the boundaries were not only confusing, they were unnecessary. They called on the government to reconsider the Bill with the idea of simplifying it so that voters are not confused.

This is what the bill says:

A BILL INTITULED AN ACT to amend the Electoral Act 1963 (“Principal Act”)

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows— 1. Short title and commencement– (1) This Act may be cited as the Electoral Amendment Act No.2 2015.

(2) This Act commences on the date of assent by the Head of State.

2. Section 5 amended– In section 5 of the Principal Act, after subsection (8), insert:

“(9)A candidate may challenge the qualification of another candidate under this section (no later than noon of the 3rd day after nomination day) in the Supreme Court, by motion, for an order to declare the candidate as disqualified.

(10) An order made under subsection (9) is final and is not subject to any review or appeal.”.

3. Section 19 substituted – For section 19 of the Principal Act substitute:

“19. Qualifications of urban voters – (1) Subject to this Act and subsection (2) an adult person is qualified to be registered as an urban voter if the person:

(a) is a Samoa citizen listed in Column 3 of Schedule 2; and

(b) has lived in that urban constituency for a period of at least 6 months immediately before registration.

(2) A person who is living in an urban constituency for less than 6 months and therefore cannot be registered under subsection (1) may apply to be registered under this Act:

(a) in a territorial constituency; or (b) in the other urban constituency in which the person last lived for at least 6 months.”.

4. Section 45A amended –

For section 45A of the Principal Act: (a) in subsection (1)(a)—

(i) for “12th” substitute “5th”; and (ii) for “14th” substitute “7th”; and (b) in subsection (2)—

(i) for “12th” substitute “19th”; and (ii) for “14th substitute “21st”.”

5. Schedule amended – In the Schedule to the Principal Act, in Form 1A, for “or” and the end of paragraph (a), substitute “and”.

6. Territorial Constituencies Act amended – In the Schedule to the Territorial Constituencies Act 1963, for Part 2 substitute:

“PART 2 – BOUNDARIES FOR THE URBAN CONSTITUENCIES URBAN CONSTITUENCY EAST
All that area of land (other than customary land) bounded as follows: Commencing on the coast at the mouth of the Asaga Stream and continuing along the Asaga Stream to Fugalei Street, and from that Street in a generally southerly direction along Fugalei Street to Vaitele Street, and from that Street in a generally westerly direction to Vaimoso Road, and by that Road to the Gasegase Stream, and by that Stream to Moamoa Road, and from there in a generally south-westerly direction by that Road to the Ala-i-Sa track, and then in a generally south-westerly direction by that track to its intersection with the Public Road abutting Parcels 14 and 15 Flur IX, Upolu, and from there in a generally easterly direction to the south west corner of the Vaimauga East Electoral District, and from that corner by the western boundary of the Vaimauga East Electoral District to the coast and from there by the coast back to the point of commencement, and includes the villages and sub-villages of Matafagatele, Magiagi, Vaiala, Matautu, Apia, Tanugamanono, Taufusi, Vaimea, Fugalei, Saleufi, Sogi, Mulinu'u, Papauta, Vailima, Tanumaleko, Moto'otua, Lalovaea, Fa'ato'ia and part of Alamagoto.

URBAN CONSTITUENCY WEST
All that area of land (other than customary land) bounded as follows:

Commencing on the coast at the eastern boundary of Vaimauga West Electoral District and continuing in a generally south-westerly direction by that boundary to its intersection with the Safata Electoral District boundary, and from there in a generally west northwesterly direction along the Safata Electoral District boundary to the eastern side of Lake Lanuto'o, and from there in a generally north-easterly direction to the southern end of the boundary between the Vaiusu and Vailoa villages, and then by that boundary to the coast and then by the coast back to the point of commencement and includes the villages of Vaimoso, Lepea,Vailoa and part of Alamagoto.”.

7. Transitional regulations – The Head of State acting on the advice of Cabinet may (before date the polling begins for 2016 general elections) make transitional regulations to amend or prescribe new forms for the purposes of the Principal Act.