Becoming a Candidate in Fiji

What becoming a candidate means

Becoming a candidate means putting yourself forward to be elected as a member of Parliament. It is a public step. It tells voters that you are willing to represent them, speak on public issues, take part in law-making and be accountable for the promises you make during the campaign.

In Fiji, a person does not become a candidate simply by announcing that they want to stand. The person must be legally eligible and must be properly nominated. The Constitution sets the main rules on who may be a candidate. The Electoral Act 2014 sets out the nomination process and the campaign rules that candidates must follow.

For a person thinking about standing, the first task is not to print posters or arrange rallies. The first task is to check whether you qualify. The second task is to choose your route. You may seek nomination through a registered political party, or you may stand as an independent candidate. These two routes have different requirements.

This article explains the basic eligibility rules in simple language. It is a starting point for learning. Before filing any nomination, a candidate should check the latest forms, notices and instructions issued by the Fijian Elections Office and the Electoral Commission.

The two routes to candidacy

The Constitution says that a candidate for election to Parliament must be either nominated by a registered political party or nominated as an independent candidate in accordance with the laws governing elections. This is set out in section 56(1) of the Constitution and section 23(2) of the Electoral Act.

A party candidate is a person nominated by a registered political party. The party includes the person in its party list. The party list is submitted to the Supervisor of Elections. The party must also rank its candidates in the order in which they are to be assigned seats if a tie or vacancy rule requires that ranking to be used.

An independent candidate is a person who stands without being nominated by a political party. The independent route is more demanding at nomination stage because the person must show demonstrated support from registered voters. Under section 27(3) of the Electoral Act, the statement of demonstrated support must contain signatures of at least 1,000 registered voters, together with their full names, residential addresses, occupations and voter numbers.

A person cannot keep both options open after nomination. If a person is nominated as an independent candidate and as a party candidate in the same election, both nominations are invalid. A person also cannot be nominated as a party candidate for more than one political party in the same election. These rules are in sections 25(5), 26(10) and 26(11) of the Electoral Act.

The basic eligibility test

The eligibility rules are found in section 56(2) of the Constitution and repeated in section 23(4) of the Electoral Act. A person may be a candidate for election to Parliament only if the person meets all of the legal requirements.

The person must be a citizen of Fiji and must not hold citizenship of any other country. The person must be registered in the Register of Voters. The person must be ordinarily resident in Fiji for at least 2 years immediately before being nominated. The person must not be an undischarged bankrupt.

The person must not be a member of the Electoral Commission and must not have been a member of the Electoral Commission at any time during the 4 years immediately before nomination. The person must not be subject to a sentence of imprisonment when nominated. The person must not, at any time during the 8 years immediately before nomination, have been convicted of any offence under any law for which the maximum penalty is imprisonment for 12 months or more. The person must also not have been found guilty of any offence under a law relating to elections, registration of political parties or registration of voters.

These are not optional requirements. If one requirement is not met, the person is not eligible to be nominated as a candidate.

Citizenship and voter registration

The citizenship rule is strict. A candidate must be a citizen of Fiji and must not hold citizenship of any other country. This is important because Fiji permits multiple citizenship generally, but a person who wants to be a candidate for Parliament must satisfy the special candidate rule in section 56(2)(a) of the Constitution.

The voter registration rule is also important. A candidate must be registered in the Register of Voters. Section 23(3) of the Electoral Act says a person is not eligible to be nominated as a candidate unless he or she is a registered voter. It also says that a person disqualified from voting by a court order under section 151 is treated as not registered to vote for this purpose.

For a potential candidate, this means you should check your voter registration early. Confirm that your name, voter number and details are correct. Do not leave this until nominations open. If there is a problem with your registration, you need time to correct it before nomination.

Residence in Fiji

A candidate must be ordinarily resident in Fiji for at least 2 years immediately before being nominated. The Electoral Act explains how this is assessed. Under section 23(5), a person qualifies as ordinarily resident for that period only if the person has been present and living in Fiji for an aggregate period of not less than 18 months out of the 2 years immediately before nomination.

There is an exception in section 23(6) of the Electoral Act. A person who has been out of Fiji for official Government business or duties, or who has been holding an official Government position in another country, is deemed to be ordinarily resident in Fiji for this purpose.

The Supervisor may make enquiries to verify eligibility. Under section 23(7), the Supervisor may require a person to provide the necessary authorisations and declarations to relevant authorities to assist with the enquiries. A potential candidate should therefore keep travel records and other relevant documents ready if residence may become an issue.

Bankruptcy, convictions and election offences

A person cannot be a candidate if they are an undischarged bankrupt. This means a person who has been declared bankrupt and has not yet been legally released from that bankruptcy status is not eligible.

Criminal convictions can also affect eligibility. The Constitution and Electoral Act provide that a person is not eligible if, during the 8 years immediately before nomination, the person has been convicted of any offence under any law for which the maximum penalty is imprisonment for 12 months or more. The rule refers to the maximum penalty for the offence, not only the sentence actually imposed.

Election-related offences are treated separately. A person is not eligible if the person has been found guilty of any offence under a law relating to elections, registration of political parties or registration of voters. Section 23(4)(h) of the Electoral Act includes offences under the Electoral Act itself.

This is why candidates should take campaign rules seriously. A campaign mistake can have consequences beyond the immediate election. Under section 151 of the Electoral Act, where a court convicts a person of an offence under Part 5 of the Act, the court may also disqualify the person from being registered as a voter or from voting in any election for a period of up to 6 years.

Public officers and other offices

Special rules apply to public officers. Section 57(1) of the Constitution and section 24(1) of the Electoral Act provide that a person who holds a public office is deemed to have vacated that office when their signed nomination as a candidate is delivered to the Supervisor of Elections.

Section 24(2) of the Electoral Act goes further. If a person who is covered by that rule continues to hold, or is appointed to, any public office after the signed nomination is delivered, the nomination is deemed invalid and the person is treated as not having been nominated for that election. Section 24(3) says the person also commits an offence and may be liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 5 years, or both.

The Constitution gives a broad meaning to public office for this purpose. It includes offices in statutory authorities, commissions or boards, offices established by written law, judicial offices and offices in State services, including the public service and disciplined forces. It also includes certain offices in trade unions, federations or affiliations of trade unions, and federations, congresses, councils or affiliations of employers.

If you hold any public, statutory, union or employer-federation position, you should seek proper advice before nomination. The safest approach is to identify the issue early, because once a nomination is delivered the legal consequences can be immediate.

A simple self-check before you start

Before you decide whether to seek party nomination or stand as an independent candidate, ask yourself these questions:

• Am I a citizen of Fiji only, with no other citizenship?
• Am I registered in the Register of Voters?
• Have I been ordinarily resident in Fiji for at least 2 years immediately before nomination, or do I clearly fall within the Government service exception?
• Am I free from undischarged bankruptcy?
• Have I avoided the conviction and election-offence disqualifications?
• Am I currently a member of the Electoral Commission, or have I been one in the last 4 years?
• Do I hold any public office or other office that may fall within section 57 of the Constitution?
• Have I chosen only one route, either party nomination or independent nomination?
• Do I have the documents, photograph, deposit and declarations needed for nomination?

If the answer to any question is uncertain, deal with it before nomination. A candidate should not wait for an objection or rejection to discover that a legal requirement has not been met.

Prefer to check interactively? Use the Candidate Eligibility Self-Check to work through these requirements and see where you stand.