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← Module 3 · Becoming a Candidate
Nomination is the formal legal step that turns an eligible person into a candidate. A campaign may begin earlier in a practical sense, but the law treats a person as a candidate only after their nomination has been accepted as either an independent candidate or a party candidate.
The Electoral Act defines a candidate as a person whose nomination has been accepted as either an independent candidate or a party candidate. This matters because candidate status affects ballot listing, campaign obligations, rights to information and the ability to appoint polling agents.
The nomination period is connected to the writ for election. Under section 21 of the Electoral Act, the writ must specify the number of members to be returned, the return date for the writ, the date, time and place for receiving nominations, the polling date if the election is contested and the close of the Register of Voters. Under section 22, the Electoral Commission must publish a notice of the nomination period and place of nomination. The Constitution states in section 60 that the last day for receiving nominations is 14 days after the issue of the writ.
Candidates should therefore watch the writ and official notices closely. The nomination deadline is not a flexible campaign date. Missing it can mean not being able to stand.
Only a political party registered under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 can nominate party candidates. This is set out in section 26(1) of the Electoral Act.
A political party may nominate candidates for a general election, but the total number of candidates it nominates must not be more than the total number of seats in Parliament. For a by-election, the party may not nominate more candidates than the number of vacant seats being contested. This is stated in section 26(2) of the Electoral Act and section 56(3) of the Constitution.
The party route is usually the route taken by candidates who want to campaign as part of a team. The votes received by all candidates of that party are added together to determine the party’s share of seats. The candidates elected from the party are then selected from the party list in the order shown in the Final National Results Tally, beginning with the candidate who received the most votes.
For a candidate, the party route can provide organisation, campaign support, policy identity and a national platform. It also requires discipline. A party candidate must understand the party’s rules, selection process, campaign message, authorisation procedures and internal expectations before agreeing to be nominated.
Section 26(3) of the Electoral Act requires a political party wishing to nominate candidates to include each candidate’s name in a party list, rank candidates in the party list in the order they are to be assigned seats in Parliament in accordance with the Constitution and the Act, and send the party list to the Supervisor by the close of nominations.
The party list must be in writing and signed by the president and registered officer of the political party. It must include a certificate confirming that the order of candidates was agreed to in accordance with the party’s rules of procedure.
For each party candidate, the list must set out the candidate’s full name, residential address, occupation and voter number. The list must also be accompanied by a photograph of each candidate that complies with the requirements approved by the Supervisor.
Although Fiji’s system is open list proportional representation, the party list still matters. After votes are counted, the party list in the Final National Results Tally is rearranged in descending order, with the party candidate who received the most votes listed at the top. If two or more candidates of the same party receive the same number of votes, section 103(2) of the Electoral Act says the ranking in the party list submitted under section 26 is followed.
Inclusion on a party list is not valid unless the candidate consents. Under section 26(8) of the Electoral Act, the candidate must sign the party list and a declaration attached to the list.
The declaration must state that, to the best of the candidate’s knowledge and belief, the candidate is qualified under the Constitution to be elected as a member of Parliament. It must also state that the candidate is not, and does not intend to be, nominated as an independent candidate or as a party candidate for any other political party in the same election.
This is an important legal declaration. It should not be signed casually. Before signing, a candidate should check the eligibility rules, confirm voter registration, review any possible disqualification issue and make sure there is no other nomination being prepared.
An independent candidate stands in their own name and is not nominated by a political party. Under section 25(1) of the Electoral Act, a person wishing to stand as an independent candidate must be nominated in writing on a nomination paper in the form approved by the Electoral Commission.
The nomination paper must set out the candidate’s full name, residential address, occupation and voter number. It must be accompanied by a photograph that complies with the requirements approved by the Supervisor. The candidate must sign the nomination paper and make the required declaration.
The declaration must state that, to the best of the candidate’s knowledge and belief, the candidate is qualified under the Constitution and the Electoral Act to be elected as a member of Parliament. It must also state that the candidate is not, and does not intend to be, nominated as a party candidate in that election.
An independent candidate must specify a place within Fiji as an address for service. Delivery of notices and legal documents to that address is treated as service on the candidate. This is practical and important. The address should be reliable, monitored and available throughout the election period.
An independent candidate must do more than complete the nomination paper. Under section 27(2) of the Electoral Act, the nomination of an independent candidate is not valid unless it is accompanied by a $1,000 deposit and a statement of demonstrated support in the approved form.
Section 27(3) states that the statement of demonstrated support must be received by the Supervisor by the close of nominations, contain signatures of at least 1,000 registered voters as supporters, and contain the full names, residential addresses, occupations and voter numbers of the supporters.
This is a high organisational requirement. An independent candidate should not begin collecting supporters at the last minute. Supporters must be registered voters, and the details must match the approved form. A careful independent candidate will build a verification process, check voter numbers, keep secure records and avoid pressure or inducement.
Support should be voluntary. A supporter signature is not something to buy, demand or collect through misleading statements. Candidates must remember the campaign rules on bribery, undue influence and inducements.
Every candidate requires a deposit. Section 27(1) provides that the nomination of a party candidate is not valid unless accompanied by a deposit of $1,000 for each party candidate on the party list. The deposit may be paid in legal tender or by banker’s cheque. A political party may submit one or more banker’s cheques covering the deposit payable for one or more party candidates.
For an independent candidate, section 27(2) requires a $1,000 deposit in legal tender or by banker’s cheque, together with the statement of demonstrated support.
Section 34 explains when deposits are returned. A deposit must be returned if the candidate withdraws under section 28, dies before polling day, is elected or would have been elected had the candidate not died between close of poll and declaration of results, or is not elected but receives at least 1% of the total votes cast in the election. If a nomination is invalid, the deposit is forfeited to the State.
The Fijian Elections Office’s public candidate information also refers to current practical filing requirements, including approved nomination forms, a recent passport-size photograph in electronic copy at high quality resolution, and a certified true copy of the candidate’s birth certificate. Candidates should check the latest FEO forms and instructions before submission because forms and operational requirements may be updated for an election.
A candidate may withdraw, but only within the legal time. Under section 28(1) of the Electoral Act, an independent or party candidate may withdraw by giving written notice to the Supervisor before 12.00pm on the day following the close of nominations. After that, a candidate may not withdraw.
If a candidate withdraws after the close of nominations, no new nomination may be made to replace that candidate. If the nomination is withdrawn before the close of nominations, a new nomination may be made before the close of nominations to replace that candidate.
Nominations are displayed and published on the day following the close of nominations. Under section 30, any registered voter may object to a nomination on the ground that it does not comply with the Constitution or the Electoral Act. The objection must be in writing and delivered or sent to the Electoral Commission before 4.00pm on the day following the close of nominations.
The candidate whose nomination is objected to must be given an opportunity to respond within the time determined by the Electoral Commission. The Electoral Commission must make a decision with written reasons as soon as possible and in any event within 3 days of receiving the objection. Its decision under section 30 is final and not subject to further appeal or review.
If the Supervisor does not accept a nomination, section 31 allows the person who applied for nomination to lodge an application to the Electoral Commission for review. This must be in writing and delivered before 4.00pm on the day following the close of nominations. The Electoral Commission must decide as soon as possible and in any event within 3 days. Its decision under section 31 is also final.
After nominations are received, the Supervisor prepares the National Candidates List. Under section 36 of the Electoral Act, this list contains the names of all candidates.
Candidate numbers are allocated through a public process using numbered balls. The Supervisor first prepares the list of duly nominated candidates in alphabetical order, then numbers are drawn and allocated to candidates. The final National Candidates List is arranged in sequential order beginning with the candidate who received the lowest number.
The list must record and display each candidate’s number and photograph next to, or before, the candidate’s name. The Supervisor must publish the National Candidates List and provide a copy to registered political parties and each nominated candidate.
For candidates, the number is central to campaigning because voters vote using candidate numbers. A candidate should therefore be ready to update campaign material and voter education once the official number is issued. No candidate should use an assumed number before the official list is published.
