Court Directs Timeframe for Election Nomination Challenges

Court Directs Timeframe for Election Nomination Challenges

By Lagi Keresoma/

Apia, Samoa – 11 July 2025: His Honour the Chief Justice, Satiu Simativa Perese today issued directives for the timeframe for voters and the Electoral Commissioner and for legal challenges against election candidates’ nominations.

The directive follows an application by the Electoral Commissioner under the Declaratory Judgments Act 1988, the Electoral Act 2019 and the inherent jurisdiction of the Supreme Court to issue declarations after concerns raised by various political parties.

The concerns include the short period given to voters and candidates to exercise their rights to contest, the voters right to access the electoral roll online and more time for candidates to verify the roll and file any objections within the timeframe.

Counsels representing the Human Rights Protection Party (HRPP), Faatuatua I le Atua Samoa ua Tasi (FAST) and the Samoa Uniting Party (SUP) raised the same concerns.

Court’s Directives

Timeframe for Voters and Commissioner objections:

  • Friday 4 July 2025 – Roll closed;
  • Saturday 12 July 2025 – Notice of registered candidates;
  • Monday 14 July 2025 – The Commissioner to provide printed copies of the Roll, as at 4 July 2025 after the Roll was closed to the parties who appeared and to Independent Candidates;
  • Friday 18 July 2025 (at 4pm) – the last day for filing of voter and Commissioner objections;
  • Monday 21 July 2025 – Friday 25 July 2025 (at 4 pm) – Objections personally served to voters.
  • Monday 29 July 2025 at 10am, notice is to be given to the Electoral Commissioner of the names of voters who have been personally served;
  • Tuesday 30 July 2025 (at 2pm) – Electoral Commissioner to effect notice on voters who were not notified as having been personally served, of the objection by way of substituted service by publication on the OEC Website, and any OEC social media account, in the Savali newspaper, and to the media.

Notice by substituted service must refer to the date the matters are being called in the District Court at Mulinuu – 10 am Wednesday 6 August 2025 and the grounds for the objection – whether s.28(1) (a), (b) or (c) Electoral Act 2019 or a Commissioner’s objection under s.29 Electoral Act 2019. The notice must also state that publication of the voter’s name means that a challenge has been made and the voter has a right to be heard against the challenge.

  • Wednesday 30 July 2025 – objections to be called in the District Court for scheduling and hearing, and further any orders of the DCT as may be needed.
  • 8 August 2025 (at midday) – the Electoral Commissioner to publish the Final Printed Roll.
  • Friday 15 August 2025 as the last day for the District Court to issue decisions on voter and Commissioner objections. If the objections are not able to be heard and determined by Friday 15 August 2025, they will be heard after the General Election.

Timeframe for nomination challenges

  • Friday 18 July 2025 as the last date for filing of motion for nomination challenges by candidates, and Electoral Commissioner’s application to amend decision. Motions are required to be served by 19 July 2025;
  • Friday 25 July 2025 as the last day for filing responses to motions;
  • Monday 28 July 2025 – The Electoral Court calls over motions.
  • Tuesday 29 July 2025 – Hearings of candidate challenges commence. A list of hearings and times for hearings to be published by MJCA and the OEC via its website, social media, and to the media.
  • Friday 15 August 2025 as the last day for the Electoral Court to issue decisions on nomination challenges and Electoral Commissioner’s application, pending further order of the Court in the event that the Court is unable to hear and determine all nomination challenges, the remainder will be deferred to be heard and determined following the General Election 2025.

“I record my thanks to Counsel and parties for their helpful submissions and assistance in establishing this timetable. I grant leave for the parties to apply to seek adjustments to the timetable and any further directions as might require the Court’s assistance,” said His Honour.