CDD: Electoral Commission Would Be Acting Illegally If It Suspends Election Campaigning Now

5 October 2026 | Suva

The Centre for Democracy & Dialogue (CDD) has today written to the Electoral Commission warning that it would be illegal for the Commission to suspend general election campaigning now, because no referendum polling day has been lawfully fixed.

The letter was addressed to Commission Chairperson Justice Usaia Ratuvili. Section 15(2) of the National Referendum Act cannot be used before the legal conditions activating that power have been met.

The warning follows the Prime Minister’s request that the Commission suspend campaigning for the forthcoming general election on the basis of the proposed constitutional referendum.

Section 15(2) expressly requires a legally fixed referendum polling day and a legally fixed election polling day on different dates before the Commission can consider suspending campaigning for the later event. It does not give the Commission a general power to stop election campaigning simply because the Government intends to hold a referendum.

Before the proposed constitutional referendum date can be lawfully fixed, the Constitution Amendment Bill must complete its third reading and pass Parliament in accordance with section 160 of the Constitution. The Speaker must then notify the President, who must refer the Bill to the Electoral Commission and issue the referendum writ. The President fixes the referendum polling day in that writ.

The Bill has not completed its third reading. The required constitutional process has therefore not been completed, and no referendum polling day has been lawfully fixed under the Act.

If the Electoral Commission suspends general election campaigning under section 15(2) now, it would be acting illegally because the law has not yet given it the power to do so.

The Government’s announcement of a proposed referendum date does not satisfy this legal requirement:

“The Prime Minister can not decide that a referendum can be held on 9 December (or any other date) as the statutory process requires that the polling day be lawfully fixed by the President through a writ issued in accordance with the Constitution and the National Referendum Act.”

Under sections 10 and 11 of the Act, the referendum polling day must fall between 30 and 45 days after the writ is issued. A political announcement cannot bypass the parliamentary and presidential steps required by law.

Even after the legal conditions are satisfied, a suspension would not be automatic. The Commission would still have to decide independently whether to exercise its discretion.

“Section 15(2) places that discretion in the Electoral Commission. The legislation provides that the Commission ‘may determine’ whether a suspension is imposed. It neither requires the Commission to impose one nor empowers the Prime Minister to direct it to do so,” CDD’s letter states.

CDD said independent judgement was particularly important because the request comes from the Prime Minister, whose political party is itself a contestant in the election the Commission is responsible for administering fairly and impartially.

Any suspension would be the Commission’s own legal decision, for which it would be accountable in terms of the election’s legality, fairness, competitiveness and integrity.

“The general election is constitutionally required. The proposed referendum is presently contingent upon constitutional steps which have not yet occurred. A contingent process should not be permitted to interfere with or compress the conduct of a constitutionally mandated national election,” the letter states.

CDD urged the Commission to consider the matter urgently, refrain from suspending campaigning before the legal conditions have been satisfied, and allow election campaigning and preparations to continue without interruption.

Read CDD’s full letter to the Electoral Commission (PDF)