With a lot of discussion underway on possible changes to the electoral system, the Chairman of the Electoral Commission, Justice Usaia Ratuvili and the Supervisor of Elections, Ana Mataiciwa have recommended to the Constitution Review Commission that the Constitution provide for stability in election year by ensuring that any change to the electoral law made in election year does not take effect until after the general election, except where the Commission and the FEO are consulted and agree that earlier implementation is practicable.
While making their submission, the Electoral Commission and the Fijian Elections Office say in the year before a general election, the resources of the electoral administration must be devoted to preparing for and conducting the poll, not to absorbing new laws, systems and procedures, and late changes undermine public confidence and the equal treatment of contestants.
@fijivillage.com Electoral Commission and FEO recommend no major electoral changes during election year for certainty Constitution should provide greater certainty over the timing of the election
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They state that a deferred-commencement rule, with a narrow consultation exception, is more workable than a flat prohibition and reflects established international good practice: the Venice Commission's Code of Good Practice in Electoral Matters provides that the fundamental elements of electoral law should not be open to amendment less than one year before an election.
It has also been highlighted that the Electoral Law Reform Commissioners recommended a prohibition on substantial changes to electoral law in the year preceding an election.
When fijivillage News had earlier asked Mataiciwa about electoral changes during an election year, she said minor changes can be factored in after consultation but not major policy changes that would also affect voter awareness and education.
Mataiciwa says the Multi-National Observer Group report after the 2022 general elections stressed the importance of legislative stability during election year.
Insert : Mataiciwa on changes during election year June 30th
In their submission, the Electoral Commission and the Fijian Elections Office also say that the date of a general election is presently within the discretion of the Prime Minister and the President, on as little as about six weeks' notice for one of the largest logistical exercises Fiji undertakes.
They say the Constitution already supplies a partial timetable - a four-year term of Parliament, issue of the writ within seven days of its expiry, close of nominations 14 days later, and polling within 30 days of the close of nominations.
The Commission and the FEO recommend that the Constitution provide greater certainty over the timing of the election - for example, a deemed election date applying if the date is not announced within a set period before the latest lawful date.
They say a deemed date would give the electoral administration certainty to plan while leaving the executive its discretion to call an earlier election.
