Nominations (Part III, s.9 of the Act)

To nominate to be a candidate you must meet each of the qualifications prescribed in the Act and the Constitution. These are:

  • Be registered as an elector in the constituency nominated for;
  • Be able to complete and sign the Nomination form (Form 4)
  • Have 50 or more persons on the register of voters for the constituency to nominate/propose you as a Candidate; by signing the nomination form
  • No person may be nominated against whom an undischarged bankruptcy order has been made in any Court in the Kingdom or Overseas; or against whom
  • A Receiver has been appointed under and in terms of the Supreme Court Rules to enforce a judgement of any such Court and has not received a discharge.
  • Be able to pay $400 as candidate registration fee in either cash or a bank cheque drawn on a bank registered or operating in Tonga with the Returning Officer at the time of nomination. This payment shall not be refunded in any circumstances.
  • Provided that a person resident outside of Tonga who is qualified to be an elector will qualify as a candidate only if he is present in Tonga for a period of 3 months within the 6 months before the relevant election.

Time and Place of Nomination (Part III, s.8 & 9 of the Act)

A candidate must nominate at the time and place fixed by the Commission. The Act provides that there be a maximum of two (2) days for candidates to nominate, and only between the hours of 10:00 am and 3:00 pm. The dates for the nomination shall not be less than 21 days or more than 28 days after the day in which the writ is received by the Commission from His Majesty the King. Receipt of nominations shall be at the Electoral Commission’s Office in the case of Tongatapu, at the Governor’s Office in the case of Vava’u and Ha’apai, and at the Offices of Government Representatives respectively in the case of ‘Eua, Niuatoputapu and Niuafo’ou.

Declaration of Nominations and Order of Names on a Ballot Paper

Under Sections 9(5) and of the Electoral Act and Regulation 11 of the Electoral Regulations 2010 a Returning Officer shall determine, where there are a greater number of candidates than vacant seats, the order in which the names of candidates are to appear on ballot papers to be used in the Election.

Your position on the ballot paper is determined by a draw by lot, with the number drawn by a candidate being their position on the ballot paper. The draw will be conducted by the Returning Officer at the Office of the Electoral Commission.

The Returning Officer as soon as possible after the close of nominations for the election publicly produce and before all persons present at that place:

  • A list of the names of candidates, in the order their nominations were received; and
  • Read out that list.

The Returning Officer will then:

  • On piece of paper of equal size, colour and texture mark each with a different number, equal to the number of candidates;
  • Fold each piece of paper equally to the same size, each of which is marked with a different number, and place into a container large enough to allow all the pieces of paper to move about freely; and
  • Ask each candidate in the order in which they nominated to draw from the container one (1) piece of folded paper and hand it to the Returning
  • Officer who will unfold the paper and announce the number, which will be the number position the candidate will appear on the ballot paper.

Where the candidate cannot be present they can authorise a person to act for them. Such authorization is to be in writing and provided to the Returning Officer prior to the draw. Should a candidate not be present and have not authorised a person to act for them a Police Officer is to draw from the container on behalf of the candidate.

Withdrawal of Nomination (Part III, s.9A of the Act)

A candidate can withdraw his or her nomination, but can only do so in accordance with the Act. To withdraw a nomination the candidate must:

  • Give to the Supervisor of Elections a notice of withdrawal – Form 8; and
  • Do so within 7 days of the receipt of nominations

A candidate who withdraws their nomination forfeits the $400 deposit. The Supervisor will notify by public notice the withdrawal of any candidate.

Death of a Candidate

Where a candidate for election dies between the close of nominations and polling day, the election shall continue, unless there were only two candidates in which case the remaining candidate shall be declared elected by the Returning Officer and the ballot shall not proceed.

Where there are more than one remaining candidates, the Supervisor of Elections shall, where possible, arrange for the ballot papers for the election to be reprinted. If that is not possible, the Supervisor of Elections will arrange for the name of the deceased candidate and the vote circle opposite his or her name to be blacked out or struck out on all ballot papers for that election.

Ballot papers reprinted shall have the space where the name of the deceased candidate would have been and the voting circle blacked out.