1. Introduction

2. Legislation 2.1 Constitution of the Independent State of 2.2 Electoral Act 2019

3. Pre-Election Phase 3.1 Warrant 3.2 Writ of By-election 3.3 Media and Public Awareness 3.4 Registration of Voters 3.4.1 Activities 3.4.2 New Registration of Voters 3.4.3 Transfers 3.4.4 Deceased Voters 3.4.5 Roll Review 3.5 Equipment 3.6 Expenditure 3.7 Polling Booths 3.8 Training for Polling Officials 3.9 Polling Officials 3.10 Deployment 3.11 Nominations 3.12 Ballot Papers

4. Election Phase 4.1 Pre-polling 4.2 Polling Day 4.3 Preliminary Results 4.4 Official Count and Declaration of Official Results

5. Post-Election Phase 5.1 Voter Turnout 5.1.1 Votes Cast and Voters Who Did Not Vote 5.1.2 Comparison of Votes Cast Inside and Outside the Constituency 5.1.3 Registered Voters Who Cast Votes by Age and Gender 5.1.4 Votes Cast by Booth Category 5.2 Compulsory Voting and Fines 5.3 Electoral Cases 5.4 Issues

6. Recommendations

7. Abbreviations

8. Annexures Annex 1: Warrant Annex 2: Public Notice of Closure of Roll Annex 3: Writ of By-election Annex 4: Polling Booths Public Notice Annex 5: Public Notice of Candidates after Nominations Closed Annex 6: Ballot Paper Annex 7: Declaration of Results

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Annex 8: Warrant of Election Annex 9: Election Timetable Annex 10: Application Form for Pre-polling Annex 11: Penalty Notice

List of Tables. Table 1: Registration activities Table 2: New registration and pre-registration Table 3: New registration breakdown Table 4: New registration by gender Table 5: New registration by qualification Table 6: New registration by age group Table 7: New registration by village Table 8: Registration fieldwork by college Table 9: Transfer by age group Table 10: Transfer by gender Table 11: Transfer by village Table 12: Approved transfer by qualification Table 13: Deceased voters Table 14: Expenditure Table 15: Number of ballot papers Table 16: Votes cast and voters who did not vote Table 17: Votes cast at each booth, inside and outside the EC Table 18: Registered voters who cast their votes by age and gender Table 19: Turnout in different booths

List of Figures Figure 1: New registration by gender Figure 2: New registration by qualification Figure 3: New registration by age group Figure 4: Registration fieldwork by village Figure 5: Registration fieldwork by college Figure 6: Transfer by age group Figure 7: Transfer by gender Figure 8: Transfer by village Figure 9: Transfer by qualification Figure 10: Deceased voters Figure 11: Votes cast and voters who did not vote Figure 12: Registered voters and votes cast Figure 13: Votes cast inside the EC Figure 14: Votes cast inside and outside the EC Figure 15: Votes by age and gender Figure 16: Registered voters & votes cast by gender for age group 21–40 Figure 17: Turnout in different booths

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1. INTRODUCTION

The Office of the Electoral Commission (OEC) presents this official report on the By-election for the Constituency of Faasaleleaga No. 2, as required by Section 6 of the Electoral Act 2019. The By-election was held on Friday, 22 March, 2019 after the Seat became vacant following the passing of sitting Member, Tofa Pa’u Letoa Sefo Taumata on 19th January, 2019.

In accordance with Articles 46(2)(a) and 48 of the Constitution of the Independent State of Samoa (“the Constitution”) and Section 148 (2) of the Electoral Act 2019 (“the 2019 Act”), the by election process was initiated by the Honourable Speaker, through the warrant issued under his hand, directing the Electoral Commissioner to proceed forthwith with the process of returning a new Member for the Constituency of Fa’asaleleaga No.2.

This report covers the whole process of the By-Election.

Upon receipt of the warrant on the 4th of February 2019, the OEC then activated the process stipulated under the new Electoral Act 2019 which came into force on the 31st of January 2019. Numerous challenges were immediately realized given that this will be the first time that the major reforms introduced by the Electoral Act 2019 will be implemented.

On top of those challenges, half of our Management team declared conflict of interest due to familial links to this Constituency. A decision was then made to exclude them and all the other staff members with family links to this Constituency from the whole process.

Compulsory voting has never been part of Samoa’s electoral process since independence. Same as the ability of votes in certain categories such as people with disabilities, pensioners and those travelling overseas within four (4) days from polling day to cast their vote prior to election day. The removal of special voting booths set up outside of the Constituency was another major reform introduced by the 2019 Act obligating voters to go back to their constituencies and cast their votes there.

Pre-election registration recorded a slight increase in the total roll for this By-election as a result of 346 new voters registered and 212 voters transferred into this roll. The majority of these registrations were in the 21 to 30 age group.

At the temporary closure of rolls on 22 February 2019, 3,847 voters were recorded on the roll that was used for the By-election. To cater for this number, eleven (11) polling booths were allocated for the By-election – seven inside the Constituency and two mobile booths (one in Savaii and the other in ) and two booths allocated for pre-polling which was set up both in Upolu and Savaii.

At the close of the nomination period, four Candidates were nominated in accordance with the 2019 Act. Two candidates contested under the Human Rights Protection Party (HRPP) banner, one under the newly formed Samoa First Political Party (SFPP) and one as an independent.

This By-Election is noted as the By-Election of “first time”. The closing of nominations was conducted in Savaii for the first time. The scrutiny of rolls and the official count were also done in Savaii for the first time.

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And for the first time also, the final count was done in a public place, in this case, at the Don Bosco Hall, where the public and the media apart from the candidate’s representatives, were welcomed to scrutinize the process to ensure that it is done in a transparent and accountable manner.

The official count was completed on Saturday, 23 March 2019, where Afioga Namulauulu Leota Sami Leota was announced the winner. The new Member was officially declared elected by the Head of State on 25 March, 2019.

As Electoral Commissioner, I must take this opportunity to acknowledge all the faifeau, Sui o Nuu and Sui Tamaitai of Fa’asaleleaga Nu.2 who assisted OEC officers during the registration campaign and on Polling Day.

At the same time, I must also acknowledge the support of the UN Women in Leadership in Samoa (WILS) and Aus-Aid for providing financial assistance that enabled us to proceed with preliminary works and public awareness. Also acknowledging the Police Commissioner and the Ministry of Police, for their usual support in ensuring the security of the whole process and the media and other Government Agencies who assisted the OEC throughout this process.

Most importantly, on behalf of OEC, I must commend the voters who participated in the By- election. 100% of the votes cast were valid. While we like to think that the inclusion of candidates’ photos in the ballot papers played a part, the enthusiasm of the voters to participate was more prominent in this remarkable achievement.

To end, this By-election provided a perfect platform to test the 2019 Act. From an administrative point of view, the core reforms introduced by the 2019 Act, is the way forward for Samoan elections. A few recommendations for operational strengthening of the process are included in the report for Cabinet and Parliament to consider.

Ma le ava tele,

Faimalomatumua Mathew Lemisio ELECTORAL COMMISSIONER

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2. LEGISLATION

2.1 Electoral Act 2019

The Electoral Act 2019 (“the 2019 Act”) commenced on the 31st January 2019. The 2019 Act introduced new rules for registration of voters, transfer of registration, pre-polling, special voting and compulsory voting.

Residential Rule The new registration rule allows a voter to choose either to register where he or she resides, or to register where his or her matai title comes from.

Transfer Under this rule, the voter is not allowed to transfer to a new Constituency until at least 10 years after first registration or from the date of the most recent transfer. This rule will come into effect after 12 months from the day the 2019 Act comes into force.

Pre-polling This new provision allows voters who; 1. Turn 65 years old and above; 2. has a disability and 3. Travels abroad four days from polling day. These voters must apply first before they are considered to pre-poll.

Special Voters All voters are required under the 2019 Act to cast their votes at the Constituency she/he is registered in. However those who are exempted from this rule include polling officials, those employed under essential services, persons admitted to hospitals, persons acting as an admitted patient’s carer, persons who live or work in a prescribed elders’ home as well as those who live or work in prescribed shelters. Partnership with relevant authorities had ensured the success of this rule.

3. PRE-ELECTION PHASE

3.1 Warrant The warrant from the Speaker of Parliament to issue the writ for the By-election was received by the Electoral Commissioner on Monday, 4 February 2019. (Refer Annex 1). Subsequently, the Commissioner issued a public notice for temporary closure of the roll on Friday, 22 February 2019. (Refer Annex 2)

3.2 Writ of By-election Following the receipt of the warrant from the Speaker, the Commissioner then issued the writ for election by way of public notice on Friday, 22 February 2019. (Refer Annex 3). Accordingly, Polling Day for the By-election was scheduled for Friday, 22 March 2019.

3.3 Media and Public Awareness Communication plays a vital role in ensuring that all stakeholders are aware of their duties and obligations as voters to participate in this By-election. The public awareness work was focused on the new reforms referred to above.

The timing of the By-election and the effective date of the 2019 Act posed a challenge in terms of time to raise public awareness amongst voters eligible to vote in this By-election. The main focus of the awareness campaign was to ensure that the voters for Faasaleleaga

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No 2 were well informed about new provisions of the Act, the electoral process, deadlines and requirements.

The media plays a vital role in this part of the process through advertising on TV, Radio and Newspapers, radio and TV talk shows, the Electoral Commission website, social media, direct emails, pamphlets, face to face sessions and text messages.

Key awareness messages were about:  Pre-polling  Compulsory voting  No Special booths  Transfer  Qualifications for registration  Qualifications for candidates  Electoral offences

3.4 Registration of Voters

3.4.1 Activities A Special Registration Programme for the Faasaleleaga No 2 Constituency was carried out upon receipt of the writ for By-election. Registration work were conducted in Sapapalii, Fusi , , as well as the remote Tapueleele. These are all the villages that make up the Fa’asaleleaga No.2 Constituency.

All electoral services were made available, including new voter registration, transfer applications (grace period), and amendment of voter details on the e-Roll. The services were provided not only in Savaii during the Special Registration Programme period, but also at the main Electoral Commission offices at SNPF Plaza and the 3rd Floor of the DBS Building.

DATE ACTIVITY DETAILS Commissioner Endorsed - Plan for a special Registration Special Registration Program Program for Fa’asaleleaga No.2 was for Fa’asaleleaga No.2 submitted to the EC. - Requesting permission to use venue Letter distributed to chosen (from churches) and some Sui o le venues for the Program. Nuu fales. - Commissioner’s briefing on what was 6th February 1st TEAM Briefing with the expected from the Program and 2019 Commissioner. remind the assigned Team of recent legislation changes. 11th February Registration Booth set up at - Sapapalii 2019 the Sapapalii EFKS Hall. 12th February Registration Booth set up at - Fusi Safotulafai 2019 Fusi Safotulafai EFKS Hall. 13th February Registration Booth set up at - Fogapoa 2019 Fogapoa EFKS Hall 14th February Regisration Booth set up at - Fatausi 2019 Fatausi EFKS Hall.

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Registration Booth set up at 15th February Maota Sui o le Nu’u - Tapueleele 2019 Tapueleele. De-Briefing with the Commissioner regarding the 18th February - Identifying issues and challenges, and Registration Program and 2019 team prep for Roll closure. prepare 2nd Team for the following week. 20th – 22nd Registration Booth set up at - Registration Booth for Fa’asaleleaga February 2019 Methodist Apita Pisaga Hall No.2 By-Election. - Upolu – Roll was closed at the Main 22nd February TEMPORARY CLOSURE OF Office on SNPF PLAZA Floor 1. 2019 FA’ASALELEAGA No.2 ROLL - Savaii – Apita Pisaga Hall Table 1: Registration activities

3.4.2 NEW REGISTRATION: (Post General Election to date) For the purpose of this By-Election, a total of 346 new voters were registered. The table below shows that prior to this By-Election 346 new voters were recorded after the rolls were re-opened after the 2016 General Elections. 57 voters are those who will turn 21 in March 2021. 250 new voters were registered in 2019, with the bulk registering after the writ was issued for the By-election. Gender wise, there is a similar split in the number of male and female who registered as new voters.

FAASALELEAGA NU. 2 NEW VOTER REGISTRATIONS. GENDER YEAR NEW VOTERS AGE PRE - REG QUALIFICATION M F 2016 21-30: 9 Matai Connection - 3 9 6 3 0 Residence - 6 61-70 2017 Matai Title - 0 21-30: 21 77 42 35 55 Matai Connection-9 51-60 : 1 Residence - 68 2018 21-30: 7 Matai Connection - 5 10 6 4 2 Residence - 5 31-40: 1 2019 21-30: 215 31-40: 17 41-50: 10 Matai Holder - 2 250 124 126 0 Residence - 248 51-60: 5 61-70: 2 71-80: 1

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TOTAL 21-30: 252 31-40: 18 Matai Holder -2 346 178 168 41-50: 10 57 Matai Connection - 17 Residence - 327 51-60: 6 61-70: 2 71-80: 1 Table 2: New registration and pre-registration

FA’ASALELEAGA NO. 2 NEW VOTER REGISTRATION BREAK-DOWN NEW VOTERS PRE REG TRANSFER GENDER QUALIFICATION AGE FROM URBAN TO M F EC AS NEW 282 57 7 178 168 Matai Holder -2 18-20: 57 Matai 21-30: 252 Connection - 17 31-40: 18 Residence - 327 41-50: 10 51-60: 6 61-70: 2 71-80: 1 Table 3: New registrations breakdown

NEW REGISTRATION: BY GENDER DIFFERENCE NEW REGISTRATION BY GENDER Male Female TOTAL 178 168 346 Table 4: New registrations by gender.

NEW REGISTRATION BY GENDER

168 178 Male Female

Figure 1: New registration by gender.

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NEW REGISTRATION: BY QUALIFICATION NEW REGISTRATION BY QUALIFICATIONS Matai Holder Matai Connection Residence TOTAL 2 17 327 346 Table 5: New registration by qualification

Voter qualification as detailed above shows 327 of the new voters were registered under the qualification of Residency. 17 new voters were registered under the old qualification of matai connection, which is now longer a qualification after the 2019 Act came into force on the 31st of January 2019. These 17 new voters were registered under the Electoral Act 1963 before the 2019 Act became effective.

NEW REGISTRATION BY QUALIFICATION

2 17

Matai Holder Matai Connection Residence

327

Figure 2: New registration by qualification

NEW REGISTRATION: BY AGE GROUP

The age group of 21-30 has the highest number of new voter registration for Fa’asaleleaga No.2 Roll during post General Election period 2016 to date. Unfortunately, the bulk of that number was recorded after the writ for this By-election was issued. This is despite the fact that ongoing registration work is being conducted in each Constituency since 2016. This portrait a trend that our youth are still not considering elections as an important phenomena. In saying that, we are noticing a higher number of youths who have registered as new voters during this same period compare to pre-2016. This is a sign that OEC’s continuous awareness work is achieving what it sets out to do. But changes do come in the long run.

During the early post General Election period, the registration service identified names of those who are eligible but did not register for the last General Election, through data provided by the Birth, Death and Marriage Registrar. Lists of unregistered voters were publicized on various media outlets, such as the TV1, Newspaper and Social Media.

In addition a Special Registration Program to Pre-Register students who are currently attending college, and will reach the qualifying age of 21 before the next general election. All these initiatives have contributed to the high number of new voter registration for this particular age group.

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Note that there are voters who have yet to qualify (not yet 21 years) but have already been registered. These 57 voters did not vote in this by-election and their names were not printed on the final roll.

NEW REGISTRATION BY AGE-GROUP 17-20 21-30 31-40 41-50 51-60 61-70 71-80 TOTAL 57 252 18 10 6 2 1 346 Table 6: New registration by age group

NEW REGISTRATION BY AGE GROUP

71-80 1

61-70 2

51-60 6 41-50 10

31-40 18 Age Age Group 21-30 252 17-20 57

0 50 100 150 200 250 300 Total

Figure 3: New registration by age group

NEW REGISRATION BY VILLAGE (SPECIAL FIELDWORK ACTIVITY FOR FA’ASALELEAGA NO.2 BY-ELECTION 11TH FEBRUARY – 22ND FEBRUARY 2019) Sapapalii EFKS Fusi EFKS Fogapoa Fatausi Tapueleele Saloga Hall EFKS EFKS (maota ole Nuu) 18 49 33 22 11 46 Table 7: New registration by village

For the Special Registration Program that was carried out in all Fa’asaleleaga No.2 villages, Fusi Safotulafai has the highest number of 49 new voter registration.

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REGISTRATION FIELD WORK BY VILLAGE 60 50 40 49 46 30

Total 33 20 22 10 18 11 0 Sapapalii EFKS Fusi EFKS Fogapoa EFKS Fatausi EFKS Tapueleele (maota Saloga Hall ole Nuu) Villages

Figure 4: Registration fieldwork by village

REGISTRATION FIELD WORK BY COLLEGE Don St Mataaevave Leififi Wesley Chanel Avele Maluafou Bosco Joseph's College College College College College College College College College 6 15 4 4 2 1 1 2 1 Table 8: Registration fieldwork by college

REGISTRATION FIELD WORK BY COLLEGE 16 15 14 12

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8

Total 6 6 4 4 4 2 2 2 1 1 1 0 Mataaevave Tuasivi Don Bosco Leififi Wesley Chanel Avele St Joseph's Maluafou College College College College College College College College College Colleges

Figure 5: Registration fieldwork by college

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3.4.3 FAASALELEAGA NU. 2 BY-ELECTION APPROVED TRANSFER DATA

This grace period provided by the 2019 Act allowed for voters to transfer in and out of this Constituency.

156. Transitional and Saving Provisions: At the commencement of this Act: (a) a person is entitled to transfer despite section 18 within 12 months after the commencement of this Act after which the transfer period of 10 years set out in section 18 shall apply;

A total of 212 voters who transferred their registration on to the Fa’asaleleaga No.2 Electoral Roll recorded for this By-Election. As shown in the table below, the age group of 31-40 has the highest number of voters (64) transferred on to Fa’asalelelaga No.2 Roll.

As aforementioned, registration qualification has changed from prioritizing Matai holders to Residency. These legal amendments have allowed Matai Holder to choose whether to register in the Constituency where their matai title is from or where they reside. Out of the 212 voters who transferred their votes onto the Fa’asaleleaga No.2 roll, 184 voters transferred under the Residence qualification.

TRANSFER BY AGE GROUP 2019 21-30 31-40 41-50 51-60 61-70 71-80 81-90 TOTAL 45 64 48 40 11 3 1 212 Table 9: Transfer by age group.

Figure 6: Transfer by age group

TRANSFER BY GENDER 2019 MALE FEMALE TOTAL 122 90 212 Table 10: Transfer by gender

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Figure 7: Transfer by gender

TRANSFER DATA : BY VILLAGE Sapapalii Fusi Fogapoa Fatausi Tapueleele Tuasivi Eveeve TOTAL 90 50 26 20 15 5 5 1 212 Table 11: Transfer by village

Figure 8: Transfer by village

FA’ASALELEAGA NO.2 APPROVED TRANSFER BY QUALIFICATIONS MATAI HOLDER RESIDENCE TOTAL 28 184 212 Table 12: Approved transfer by qualification

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Figure 9: Transfer by qualification

3.4.4 DECEASED VOTERS

A total number of 52 voters were removed from the electoral roll of Fa’asaleleaga No.2 after the 2016 General Election. A total number of 131 deceased voters were identified during OEC’ Nationwide Death Review Program following the 2016 General Election.

Due to restriction of legal authority allowed under the old Act for the Electoral Commissioner to remove names from any roll, only 52 deceased voters were removed. The old Act only allowed for immediate family members and official death certificate from the Birth Death and Marriages Database to confirm deceased voters.

After the By-election and relying on the 2019 Act, 220 deceased voters were identified and removed from the Fa’asaleleaga No.2 roll.

Village Deceased voters removed under the Deceased voters removed Total old Law under provisions of the New Law Confirmed by Non immediate family immediate family Eveeve 4 4 Fatausi 4 11 17 32 Fogapoa 17 31 46 94 Fuifatu 3 3 Fusi 23 9 28 60 Safotulafai 1 1 Sapapalii 4 24 97 125 Tapueleele 4 4 17 25 Tuasivi 5 5 Vaimaga 2 2 52 79 220 351 Table 13: Deceased voters

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Deceased Voters

19%

Deceased voters removed under the old Law

Deceased voters removed under provisions of the New Law 81%

Figure 10: Deceased voters

3.4.5 FA’ASALELEAGA NO.2 ROLL REVIEW

The Electoral Roll for the Fa’asaleleaga No.2 By-Election was temporarily closed on the 22nd of February as scheduled followed by the final review of roll by OEC staff. The Process is as follows:

STEP 1 IT Team – Print and Release Print out of Fa’asaleleaga No.2 Draft Roll.

STEP 2 The printed draft Roll (64 pages) was divided into 7 teams of 2, to review and check 9 pages each. A team to post amendment and changes was also assigned.

When Teams obtained both the Draft Roll (pages) and the Files of the voters on the Print TEP 3 out - team members will then work on reconciling information on each voter’s forms with the data on the E-Roll Print out and make notes of any amendments needed to be done. This part of the process was designed to ensure the accuracy of all voters’ information printed on the roll.

STEP 4 Any amendments or correct any typing errors they had come across during the checking process was posted by the Posting Team.

IT to STEP 5 Calculating the Total Roll using the Roll Review Formula: synchronize 2016 Fa’asaleleaga No.2 Electoral Roll amendments + New Electors (Post General election 2016 till Roll was closed on the 22nd or changes February 2019) made by the + Transfer in from other constituencies Team Leader – Transfer Out – Confirmed Deceased -Unqualified Pre-Registered Voters (not yet 21) = Total Roll (should add up to the total number of the Draft Roll) *Add *Subtract Page | 15

STEP 6 IT to print the amended Roll and return it the allocated Team for final check

STEP 7 Teams to thoroughly check the New Print out for any amendments or changes they had made – Refer back to IT Team upon completion.

FA’ASALELEAGA No.2 ELECTORAL ROLL READY FOR PRINT OUT

3.5 Equipment During the preparation for this By-Election, a total of 10 laptops were organized to assist the Polling Officials during polling. A total of 8 laptops were taken to Savaii for the Polling booths within the Constituency and 2 laptops were used in Upolu for the mobile booths. These 10 laptops were all synchronized to make sure that it was cloned with the same E- Roll system database and that they were all up to date for searching of voter information purposes. Also, the laptops were all provided with the biometric fingerprint scanners for verification purposes and to make searching of voter information easier if the printed pictorial E-Roll of Faasaleleaga Nu. 2 do not have the information of the voter

3.6 Expenditure The following table highlights in details the expenditure report for the By-Election. The report is divided into 2 categories which is the Personnel Budget and Operating Budget.

BY ELECTION BUDGET

ACTIVITIES DESCRIPTION AMOUNT Personnel Salaries Overtime Salaries overtime for staff working 10,323.00 706101 overnight for roll review Overnight Overnight allowances for Polling 2,190.00 707103 Allowances Officials during the polling day. Polling Polling allowances for all staff 12,450.00 707115 Allowances involved 24,963.00

Operating Budget 725501 Facility Hire Venues for Polling booths 4,739.13 Vehicle Hire Hire of vehicles - vans and suv to 3,878.26 725403 transport officials Motor Vehicles - 377.00 722503 Fuel Fuel for vehicle fleet Boat Fares Ferry fares for officials travelling to 2,004.00 740403 Savaii Accommodations Accommodations for officials staying 7,399.99 740201 at Jet Over Hotel Meals Meals for staff staying in hotel and 4,111.30 740202 officials involved in the Official

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count

Mobile Phone Phone cards for polling officials - 75.00 746103 credits AEO's Stationeries Stationeries supply for polling booths 657.40 758101 and roll reviews Advertisements By-Election notices and 33,698.71 758201 advertisements Printing & Printing of electoral rolls and ballot 11,936.30 758302 Publication papers 764102 General Services Badlocks supply for ballot boxes. 180.87 69,057.96

Total Spending 94,020.96 Table 14: Expenditure

3.7 Polling Booths Eleven polling booths were planned for this By-election (Refer Annex 4), of which nine were assigned for Savaii. Seven were allocated in villages within the Constituency. One mobile booth was stationed at Malietoa Tanumafili II Hospital at Tuasivi and the pre-polling booth was set up at the Electoral Commission’s temporary office at Bluebird Mall, , during the pre-polling week.

In Upolu, a pre-polling booth was set up at Level 3 of the Development Bank of Samoa (DBS) Building and a mobile booth moved, on the day of the election, to the locations of identified special voters.

3.8 Training for Polling Officials One day of training for polling officials was conducted in the week before polling week. It focused on the roles and responsibilities of officials and the implementation of pre-polling. Emphasis was put on the secrecy of the ballot, sensitivity for people with special needs and the elderly, impartial management of the voting process, security of electoral materials and accurate accounting for ballot papers.

Training covered:  Roles and responsibilities  Issuing of ballot papers  Applying indelible ink  How to fill in accounts for ballot papers  Relaying of results  Conduct of preliminary count  Processes for the scrutiny of rolls and official count

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3.9 Polling Officials

The conduct and officiating of this election was carried out by Office of the Electoral Commissioner (OEC) staff with the usual assistance from the Ministry of Police. The officials were allocated roles according to their current employment designation. Electoral Officers were appointed from the management team, Deputy Electoral Officers were selected from those at senior level and Polling Clerks from the officer level. Two police officers were allocated to each booth.

There were 62 polling officials involved in the By-election.

3.10 Deployment Officials for pre-polling in Savaii were deployed on Sunday, 17 March 2019, to cater for voters living in Savaii who had been endorsed by the Commissioner to pre-poll. Officials working at the booth at the DBS Building in Apia during the pre-polling week were directed to be at the booth well before pre polling opened at 8.00am.

The rest of the polling officials allocated for Savaii were deployed on Thursday 21 March and returned on Saturday, 23 March 2019, except those selected to remain in Savaii for the official count.

Prior to deployment, declarations of polling officials were carried out and witnessed by the Commissioner before they were supplied with stationery and electoral materials, namely electoral rolls, ballot boxes, indelible ink pads and ballot papers.

3.11 Nominations At the closure of Candidate nominations at noon on Friday, 1 March 2019 at the temporary electoral office in Savaii, four Candidates had lodged their nominations. All were found to be valid and were endorsed by the Electoral Commissioner as eligible to compete for the election in accordance with the requirements of the Act 2019. (Refer Annex 5).

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It was clear at that stage that only two political parties entered Candidates for the single vacant Seat. Two Candidates competed under the Human Rights Protection Party (HRPP) banner and one under the newly-formed Samoa First Political Party (SFPP). The other candidate contested as an independent.

3.12 Ballot Papers A new layout of ballot paper was introduced in this election in which each Candidate’s photo was printed alongside their name. (Refer Annex 6). This was intended to assist the illiterate when identifying the Candidate of their choice. All ballot papers were printed by the Government Printer. The number of ordinary ballot papers printed was based on the number of voters on the electoral roll.

The table below indicates the number of ballot papers distributed to each booth. Each ordinary ballot booklet contained 50 ballot papers, while each special book contained 25 special ballot papers.

Total Total Ordinary Special Booth Ballot Ordinary Ballot Special Polling Booth Ballot Ballot # Papers Ballot Papers Ballot Booklets Booklets Papers Papers

1 EFKS Sapapalii 10 50 500 1 25 25 2 EFKS Sapapalii 10 50 500 1 25 25 MAOTA O LE NUU 10 50 500 1 25 25 3 Tapueleele 4 EFKS Fusi 10 50 500 1 25 25 ST THERESA SCH 10 50 500 1 25 25 5 Fusi 6 EFKS Fatausi 10 50 500 1 25 25 7 EFKS Fogapoa 11 50 550 1 25 25 8 MOBILE Tuasivi 0 0 0 8 25 200 9 MOBILE Motootua 0 0 0 8 25 200 10 Pre Polling 3 50 150 0 0 0 11 Pre Polling 3 50 150 0 0 0 Total 77 3850 23 575 Table 15: Number of ballot papers

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4 ELECTION PHASE

4.1 Pre-polling

This is the new provision which allows a voter to cast his or her vote before Polling Day if he or she satisfied the requirements. The pre-polling application period commenced on Saturday, 23 February 2019, after the closure of rolls, and closed on Friday, 15 March 2019. There were 98 voters who applied for pre-polling with the majority being pensioners. At the closure of the application period, 92 voters were deemed to have satisfied the requirements and were endorsed by the Commissioner to cast their votes during pre- polling.

Two booths were allocated to cater for this service, one at the temporary electoral office at Bluebird Mall in Salelologa and the other at Level 3 of the DBS Building. Pre-polling ran from Monday, 18 March to Thursday, 21 March, from 8.00am to 4.00pm during that period.

Ballot boxes used for pre-polling were under police guard throughout pre-polling week and up until the official count.

4.2 Polling Day Polling Day, Friday, 22 March 2019, ran from 8.00am to 3.00pm. Following the annulment by the 2019 Act of special booths, voters outside of the Constituency travelled to the Constituency on Polling Day to cast their votes.

At the close of polling, ballot boxes were taken to Don Bosco College Hall at Salelologa by the police and polling officials. The same happened for the mobile ballot box in Apia – it was transported to Savaii on the same day by a police officer and a polling official, so its contents could be included in the official count on the following day.

As usual there were police officers on duty guarding the ballot boxes all night and throughout the next day until the official count was completed.

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4.3 Preliminary Results The preliminary count of votes was conducted at polling booths at the close of polls on Polling Day. Results from booths were relayed by cellular phones. Photos of the actual sheets were sent to the counting headquarters and actual results sheets were hand carried and delivered in person later on to Don Bosco College Hall at Salelologa. Upon receipt of the actual results sheets and ballot papers, these results were displayed on the board located outside of the hall for the public and the media. The preliminary result was released on Polling Day in Savaii for the first time with the assistance from local media present. The preliminary result was also simultaneously publicized on the Electoral Commission’s facebook page and website.

4.4 Official Count and Declaration of Official Results A selected team from the Office of the Electoral Commission, led by the Electoral Commissioner, conducted the official count on Saturday 23 March, 2019 at Don Bosco College Hall in Salelologa, in the presence of the media, members of the public, Candidates’ scrutineers and police officers. The official count process included the scrutinizing of rolls, and the verifying and counting of every vote, until the Electoral Commissioner officially declared the official results. The task started at 8.00am and was completed at 4.30pm on the same day. Only one informal vote was recorded by polling officials on Polling Day and was accepted as a formal vote by the Commissioner during the final count. After the scrutiny of the rolls no dual votes were found. After the official count, the preliminary winner remained unchanged, despite a slight increase in the numbers of votes for Candidates arising from special voting. The Electoral Commissioner announced the official results of the poll by way of public notice on Saturday, 23 March 2019. (Refer Annex 7). The results declared Namulauulu Leota Sami Leota as the winner and new Member of Parliament for the Constituency of Faasaleleaga No 2.

On Monday, 25 March 2019, the Electoral Commissioner reported the official results to the Head of State, from which a warrant of election of the successful Candidate was issued under proclamation. (Refer Annex 8).

5 POST-ELECTION PHASE

5.1 Voter Turnout

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5.1.1 Votes Cast and Voters Who Did Not Vote Table 16 and Figure 11 illustrate the total number of votes cast and the number of voters who did not vote in the 2019 By-election (BE 2019) and in the 2016 General election (GE 2016). The difference, that is, the number of people who were registered but did not cast their votes, is 408 (12%) for 2019 and 652 (21%) for 2016. Hence in BE 2019, 71% of those registered cast their votes, while for GE 2016, 79% of those registered cast their votes. Figure 12 indicates the total number of registered voters on the main roll and the number of votes casted.

Overall, the number of votes casted increased by 87 (4%) from 2016 to 2019 and those who did not cast their votes decreased by 244 or 37%.

Number of % of Registered Total Votes % of votes casted Registered voters Voters who did Roll casted who did not vote not vote. By Election 3487 2471 71% 408 12% 2019 General 21% Election 3036 2384 79% 652

2016 87 Increase 451 (4%)

244 (37%) decrease

Table 16: Votes cast and voters who did not vote

Comparison of votes casted and voters who didnt vote.

2500

2000

1500 Votes casted 1000 Voters not voted

500 Number of of votersNumber 0

BE 2019 GE 2016

Figure 11: Votes cast and voters who did not vote

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Comparison of registered voters and votes cast.

3500

3000

2500 Registered voters 2000 Votes casted 1500

1000

Number Number of voters 500

0 BE 2019 GE 2016

Figure 12: Registered voters and votes cast

5.1.2 Votes Cast Inside and Outside the Constituency

Table 17 and Figures 13 and 14 compare the number of votes cast in booths within Faasaleleaga No 2 and the number of votes cast outside of the Constituency in GE 2016 and BE 2019. Figure 13 illustrates the increase in votes cast in each booth inside the Constituency during the BE as opposed to the GE. The increase in votes cast in the Constituency is 964 (70%). The massive increase was the result of the implementation of the abolishment of special booths.

Figure 14 indicates the comparison of votes cast at each booth inside and outside of the Constituency in both elections. The graph clearly shows that more voters voted inside and fewer outside of the constituency in the BE and vice versa during the GE 2016. This could mean that as many as 877 voters resided outside the Constituency and had to travel to the Constituency to cast their vote.

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Votes Total Votes casted Bth Bth Bth Bth Bth Bth Bth casted votes outside EC 1 2 3 4 5 6 7 in EC casted BE 2019 269 342 236 365 406 333 390 2341 130 2471

GE 2016 234 179 170 213 208 123 250 1377 1007 2384

Increase/ 35 163 66 155 198 210 140 964 - 877 87 decrease % 70% - 87% 4%

Table 17: Votes cast at each booth, inside and outside the EC

Comparison of votes casted inside the EC

450

400 350 300 250 200 BE 2019 150 GE 2016

100 number of votersTitle of number 50 0 Bth 1 Bth 2 Bth3 Bth 4 Bth 5 Bth 6 Bth 7 Polling Booths

Figure 13: Votes cast inside the EC

Comparison of votes casted inside and outside of EC

2500

2000

1500 BE 2019 GE 2016

1000 number number of voters 500

0 Votes casted inside EC Votes casted outside EC

Figure 14: Votes cast inside and outside the EC

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5.1.3 Registered Voters Who Cast Votes by Age and Gender

Table 18 and Figure 15 reveal that 49% (1204 voters) were those aged 21-40 years, consistent with the 47% of the total roll that belongs to this age group.

It is interesting to note that for this Constituency, the registrations at age group 21-40, 52% are male and 48% are female. However, the number of females (621) who actually cast their votes is higher than males (583). (Refer Figure 16). This means that at this youth level, more females had participated in the election (i.e. exercised their voting rights) than males.

Age Group Male Female Total Male % Female % Total % 21 - 30 313 357 670 12.67 14.45 27.12 31 - 40 270 264 534 10.93 10.69 21.62 41 - 50 256 243 499 10.36 9.836 20.196 51 - 60 230 194 424 9.31 7.85 17.16 61 - 70 121 107 228 4.9 4.33 9.23 71 - 80 41 42 83 1.66 1.7 3.36 81 - 90 9 21 30 0.36 0.85 1.21 91 - 100 1 2 3 0.04 0.08 0.12 Total 1241 1230 2471 50.20% 49.80% 100% Table 18: Registered voters who cast their votes by age and gender

Comparison of votes by age and Comparison of male and female at the gender age group of 21 - 40. 91 - 100

81 - 90

71 - 80 Registered Voters 61 - 70 51 - 60

41 - 50 Age and genderand Age

31 - 40 Votes

21 - 30 Female

Female 0 100 200 300 400 Male Male Votes 0 500 1000 Number of voters

Figure 15: Votes by age and gender Figure 16: Registered voters & votes cast by gender for age group 21–40

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5.1.4 Votes Cast by Booth Category

Table 19 and Figure 17 summarize the overall turnout in the three categories of polling booth used in the BE. As indicated by Figure 17, 95% (2341) of the total votes were cast in booths located within the Constituency, 4% (90) during pre-polling and 1% (40) at mobile booths.

Ordinary Mobile Booths Pre Polling Total Polling Booths Polling Booths (2) (2) (11) (7) Number of 2,341 40 90 2471 Voters Table 19: Turnout in different booths

Turnout in diffrent booths

1% 4%

Ordinary Polling Booths (7) Mobile Booths Pre Polling

95%

Figure 17: Turnout in different booths

5.2 Compulsory Voting & Fines Prior to the By-election the OEC conducted an awareness campaign through television, radio and other media, emphasising that voting is now mandatory and that if a voter did not participate a fine of $100 will incur. In comparing the number of registered voters and those who did not vote, 12% of the registered voters did not cast a vote in the By-election. The OEC has completed its review of the electoral roll for Faasaleleaga No 2 and has processed penalty notices for the 408 voters who did not cast their vote for this By-election.

5.3 Electoral Cases The new Act obligates the Sui o Nuu, Sui o Tamaitai or church minister of a village to confirm the residence of a new registered voter or registration transfer. If the named person attests to false information, a penalty of imprisonment for two years can be imposed.

There are two Sui o Nuu who have been charged with falsely attesting to confirmation of residence of new registered voters of Faasaleleaga No 2. In addition three charges have been laid in relation to new registered voters who falsely declared to be persons living in Faasaleleaga No 2.

For this By-election there have been no petitions to challenge the eligibility of Candidacy or other electoral offences such as bribery and treating.

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5.4 Issues  The issue has been raised, by other service providers to the community such as the Electric Power Corporation and the Samoa Water Authority, about those covered by the special voter clause (essential services).  Some pre-polling applicants asked if a pensioner’s carer could also apply for pre- polling, and also whether the provision could be extended to those caring for children who were not able to travel to their Constituency to cast their vote.  Others raised the issue of transport, especially congestion in travelling to Savaii by ferry on Polling Day, but no official complaint was received. However, confirmation from the Samoa Shipping Corporation that by 12pm of the Polling Day, there were no signs of voters heading to Savaii. Also noted that SSC is procuring a new larger ferry which should arrive in the country by 2021.

6 Recommendations

As alluded to in the introduction of this report, the core of the reforms introduced by the 2019 Act during this By-election worked. However, we noted some minor issues that would require amendments to the 2019 Act to ensure smooth operations of the 2021 General Elections and beyond.

Those issues are noted below as recommendations for amendment for Parliament and Cabinet to consider.

 Misleading the Commissioner: Under the Old Act, there was a provision catering for people who mislead the Commissioner when submitting false information during registration. It is recommended that this provision be put back into the 2019 Act;

 Pre-Polling: Extend the realm of voters eligible for pre-polling to include those in essential services and carers (only one) of pensioners;

 Candidates Confirmation of Monotaga: Remove from the 2019 Act the provision where candidates can challenge another candidate by an order of the Supreme Court prior to election. Instead, place this power back to the Electoral Commissioner, and add guidelines to guide the Commissioner when exercising this power. It is recommended that in order for a Candidate to satisfy the monotaga requirements of the 2019 Act, he or she must provide a Statutory Declaration declaring that he or she had rendered a monotaga as a matai to a village within the Constituency that he or she is contesting. On top of that, supporting Statutory Declarations from at least two matai of the villages this monotaga is rendered to shall accompany the candidate’s Statutory Declaration.

 Increase the penalty for false declaration: To ensure that all candidates adhere the legal requirements to be candidates, the onus for them to prove that must be held at a higher level. Therefore any candidate to falsely declare any requirement, including monotaga, stipulated under the 2019 Act must face harsher penalty. Any other person who provides supporting declarations to be false must also face the same harsh penalty. We recommend a fine of $10,000 or an imprison term of five years or both.

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 Definition of elections: there is a need to clearly clarify the definition of elections to include by elections.

 Scrutineers: On the implementation of the new Electoral Act regarding declaration of scrutineers, OEC noted that this was not stipulated in the new Act, and therefore recommend inserting back section 64 of the Electoral Act 1963 which will cover this.

Abbreviations  Act Electoral Act 2019  BE By-election  DEO Deputy Electoral Officer  EC Electoral Constituency  EC Electoral Commissioner  EFKS Ekalesia Faapotopotoga Kerisiano Samoa  EO Electoral Officer  GE General Election  HRPP Human Rights Protection Party  OEC Office of the Electoral Commission  PC Polling Clerk  SFPP Samoa First Political Party  SNPF Samoa National Provident Fund  WILS Women in Leadership Samoa (UN project)

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