← Module 3 · Becoming a Candidate
A good campaign begins with preparation. The legal nomination period is short, and many requirements cannot be handled properly at the last minute. A person who wants to stand should begin by checking eligibility, collecting documents, discussing the route to candidacy and learning the rules that apply once campaigning begins.
Preparation is not only about winning votes. It is also about avoiding mistakes that can damage a candidacy, create legal risk or mislead voters. A candidate should understand the difference between a promise, a policy position, a financial commitment, a campaign advertisement, a public meeting and prohibited election-day campaigning.
This is especially important for first-time candidates. Many election rules apply not only to the candidate personally but also to people representing, or acting under the direction of, the candidate or political party. A volunteer, campaign worker or supporter can create problems if they act unlawfully on behalf of a campaign.
Every potential candidate should prepare a documents file. This should include proof of identity, voter details, citizenship information, residence information, employment or office information, any required declarations and any documents required by current FEO forms.
For party candidates, the party will usually coordinate the formal list, deposit and submission. However, the candidate still signs a declaration that they are qualified. A party candidate should not assume the party alone is responsible for checking eligibility.
For independent candidates, the documents file is even more important because the candidate must also manage the statement of demonstrated support from at least 1,000 registered voters. Each supporter’s details must be collected accurately and securely.
Candidates should also keep copies of campaign authorisations, receipts for printing, approval records, media bookings, complaint correspondence and any written explanations for financial commitments made during the campaign. Good records make it easier to answer questions, correct mistakes and show that the campaign acted responsibly.
A campaign team should understand the law before it begins public work. A simple briefing can prevent serious mistakes. Every person acting for the campaign should know who may authorise material, who may speak to the media, who manages social media pages, who handles money and who is responsible for checking election rules.
The Electoral Act applies to political parties, candidates and persons representing or acting under the direction of a party or candidate. This means candidates should not treat volunteers as separate from the campaign when those volunteers are acting under campaign instructions.
Create a short written code for your team. It should say that the campaign will not buy votes, threaten voters, spread false information, remove another candidate’s posters, use racial or religious vilification, damage property or campaign during the prohibited period. Keep the language simple so every volunteer understands it.
Section 109A of the Electoral Act says the Electoral Commission must determine the campaign period for a general election and publish a notice in the Gazette. The campaign period is bounded by the Act. It must not begin earlier than 30 days before the completion of 3 years and 6 months of the sitting of Parliament after the last general election, and it must not continue later than 48 hours before the general election.
The campaign period matters because several offences apply during that period. For example, bribery under section 140 and undue influence under section 141 are framed by reference to the campaign period. Candidates should watch the official notice and make sure their campaign team knows when campaign rules begin and when campaigning must stop.
Even before the formal campaign period, candidates should avoid misleading voters or behaving in a way that may breach other laws. A responsible candidate builds trust before the law forces them to be careful.
Campaign material must carry proper authorisation information. Under section 112(1) of the Electoral Act, campaign material published and distributed by political parties and candidates must include, in easily legible print, the name and address of the person and organisation who authorised and paid for the printing, the name and business address of the printing company, and the date of issue.
Campaign posters and flags may be placed on private premises with the permission of the owner. They must not be placed on public buildings, monuments, electricity or lamp posts and other public structures, except in public places specifically designated by the Supervisor for campaign material.
Paid campaign advertisements must also be clear. Section 117 says any broadcast or print advertisement paid for by a political party or candidate must clearly indicate that it is a paid political advertisement and include the name of the political party, the authorising officer of the party or the candidate who authorised and paid for it.
Section 144 contains further rules on printing and publishing electoral advertisements, handbills, pamphlets, notices and electoral audio or video recordings. As a simple rule, do not publish anonymous campaign material. Make sure campaign content shows who authorised it, and where required, who printed it.
Candidates must not use gifts, money, services or benefits to influence votes. Section 114 of the Electoral Act prohibits political parties, candidates and their representatives, during the campaign period, from giving or offering money, gifts, material goods or services free of charge, selling goods or services at a preferential price, or promising to provide monetary funds, gifts, goods or services for the purpose of gaining or influencing votes.
Section 140 also creates the offence of bribery. It covers asking for, receiving or obtaining a benefit on the understanding that a vote, candidature or support for or against a candidate or party will be influenced. It also covers giving, promising or offering a benefit to influence another person’s vote, candidature or support.
Section 140(3) makes clear that this bribery section does not apply to a declaration of public policy or a promise of public action. This distinction matters. A candidate may say, for example, that they support better roads, stronger health services or changes to a law. What a candidate must not do is offer personal benefits to voters in order to gain votes.
Section 141 deals with undue influence. During the campaign period, a person commits an offence if they hinder or interfere with the free exercise or performance of another person’s political right or duty relevant to an election. Voters must be free to choose, support, oppose, attend meetings, ask questions and vote without pressure.
State resources must not be used for campaigning. Section 113 of the Electoral Act makes it unlawful to use State authority, including law and tax enforcement authorities, to pressure or intimidate political opposition. It is also unlawful for a public officer to conduct campaign activities, except where the public officer is providing information or security service in the performance of public duties.
It is unlawful to force, pressure or intimidate public officers to participate in campaign activities, attend rallies or meetings, or assist a political party or candidate in campaigning, whether in or outside work hours. It is also unlawful to conduct campaign activities or post or distribute campaign material inside a public office. Government vehicles must not be used to conduct campaign activities unless used for providing security.
For candidates, the simple rule is this: keep the campaign separate from State offices, State authority, Government vehicles and public officers performing official duties. Do not ask public officers to help your campaign. Do not use public premises as campaign spaces. Do not blur Government work and campaign activity.
Section 116 of the Electoral Act sets out campaign rules. Candidates, political parties and persons representing them must respect the rights and freedoms of other parties and candidates to campaign and share their political ideas without fear. They must also respect the rights of voters.
Campaigns must cooperate with election officials to ensure peaceful and orderly polling and complete freedom for voters to vote without annoyance, harassment or obstruction. They must ensure the safety and security of electoral officials, respect and cooperate with observers, maintain the secrecy of the vote and conduct campaigns in a way that contributes to a peaceful atmosphere.
Candidates and their teams must not prevent distribution of another candidate’s handbills or display of posters. They must not deface or destroy posters. They must not use language or material that amounts to racial or religious vilification or threatens or incites violence. They must not prevent another party from holding rallies, meetings, marches or demonstrations. They must not imitate another party or candidate’s symbols, damage property, coerce voters, offer direct inducements or seek the support of election officials or public servants to promote or hinder a candidate.
The campaign should be firm but peaceful. Criticise policies, decisions and records. Do not threaten people, target communities or encourage supporters to break the law.
Candidates must pay close attention to the rules that apply immediately before polling day and on polling day. Section 63 of the Electoral Act prohibits campaigning in the 48 hour period before polling day and on polling day until the close of polling at all polling stations. This prohibition includes broadcasts, advertisements, publication and distribution of campaign material, approaching voters for campaigning, and distributing campaign material or political messages through telephone, internet, email, social media or other electronic means.
Section 63 also sets a 300 metre restriction around polling venues. At least 1 hour before polling begins and until polling closes, it is unlawful within the 300 metre radius to wear party or candidate emblems, clothing, badges, apparel or accessories, display slogans, banners, posters, flags or colours, approach voters for campaigning, distribute printed campaign material or communicate political messages, or use public address or sound systems that could be heard at the polling station or polling venue.
Section 145 makes it an offence to wear or display in a polling station, or at a place where pre-poll voting takes place, any badge, emblem, clothing, apparel or accessory of a candidate or political party.
Section 146 also prohibits election-day campaigning, including meetings, demonstrations or processions referring directly or indirectly to the poll, interference with voters within the 300 metre radius for canvassing or soliciting votes, conducting public opinion polls within that radius, and leaving material in a polling station directing or indicating how a person should vote.
For a candidate, the practical instruction is simple: plan the final 48 hours before polling day carefully. Stop campaign communication when the law requires it. Brief volunteers, drivers, social media managers and supporters. Remove scheduled posts. Do not allow people acting for the campaign to wear campaign clothing or carry campaign messages into restricted areas.
Candidates and parties have ways to observe and raise concerns. Under section 45 of the Electoral Act, each independent candidate and each nominating party may appoint one or more polling agents, although only one may be present at a polling station or designated area at any one time. The appointment must be notified in writing, and polling agents must be provided with an official badge issued by the Fijian Elections Office.
A polling agent must make a declaration or sign a code of conduct before acting. A candidate at an election must not be appointed as a polling agent. Polling agents must not interfere with or attempt to influence voters within a polling station.
During polling, section 64 allows any registered voter or polling agent to submit a written complaint to a presiding officer concerning a breach of polling procedure, unlawful campaign activity or interference with the rights of a voter or polling agent at the polling station. The presiding officer must record the complaint and respond. If a substantiated breach is not recognised or addressed, the complainant may immediately lodge a complaint with the Supervisor.
Candidates should train polling agents carefully. Their role is to observe, record and use the complaint process. Their role is not to argue with voters, campaign inside the polling station or disrupt election officials.
Before nomination:
Before campaigning:
Before polling day:
