Elections in Tuvalu

Tuvalu’s national elections are governed by the Constitution of Tuvalu Act 2023 and the Electoral Provisions (Parliament) Act and Regulations in the 2022 Revised Edition. The Parliament of Tuvalu, also called Fale I Fono, has 16 members. The eight two-seat electoral districts are Funafuti, Nanumanga, Nanumea, Nui, Niutao and Niulakita, Nukufetau, Nukulaelae, and Vaitupu. A four-year cycle applies, although a general election takes place one to three months after Parliament is dissolved. A by-election follows a vacant seat as soon as practicable. Tuvalu has no formal current party system in the reviewed legal and electoral materials. Candidates therefore generally stand as independents. In a two-seat district, each voter may mark one or two candidates, and the two candidates with the highest vote totals are elected. A tie leads to a recount and, if the tie remains, a new poll. If only one candidate stands in a one-seat district or no more than two stand in a two-seat district, the candidate or candidates can be declared elected without a contested poll. If only one candidate is nominated for a two-seat district, the vacant second seat requires a fresh procedure. A national voter must be a Tuvalu citizen aged at least 18, registered in an electoral district and free from a legal disqualification. Restrictions can apply because of imprisonment, arrest or an election offence. A sentence exceeding 12 months can disqualify a person unless an appeal or reduction changes the position, and a further three-year rule applies after imprisonment ends. Mental incapacity can also be a disqualification under the electoral rules. Registration is not automatic on the evidence reviewed. The applicant normally registers for the home island and must show land ownership with active participation in the indigenous community, or residence for at least two of the preceding three years with active participation. If no district qualifies on those grounds, registration in another district may be possible when active community participation is shown. The Falekaupule verifies the relevant home-island or community participation. The Minister issues the election notice, sets the relevant district and ward arrangements where the law allows, and appoints electoral officers. The Secretary to Government provides general administrative supervision, including register corrections. Registration Officers, Revising Officers, Returning Officers, Assistant Returning Officers and Presiding Officers carry out registration, revision, polling and counting duties. The notice must allow at least seven days for nominations and at least 21 days before polling; the Returning Officer gives a further notice within five days. The registration cutoff and the deadline for applying to vote outside the registered district also matter. Weather and storms can lead the Minister to reschedule polling within the statutory 14-day limit. A candidate for Parliament must be a Tuvalu citizen aged at least 21, qualified to vote, registered in the target district and not disqualified. The nomination requires written support from five electors in that district and includes the candidate’s full name, address and occupation. The nomination list is published no later than 48 hours after the nomination deadline. The statutory campaign period appears in the Minister’s notice. During the final month before poll close, the rules restrict campaign meetings, posters, pamphlets, campaign clothing, videos, pictures, public-address systems and inducements such as food or drinks. Meetings are generally limited to the candidate’s nuclear family. Cultural gift giving is expressly permitted, but buying votes is prohibited. Breaches can bring a maximum penalty of $2,000 or 12 months’ imprisonment, or both; vote buying can bring up to $10,000 or two years’ imprisonment, or both. No candidate filing fee or deposit was identified in the reviewed official texts. National polling normally runs from 08:00 to 16:00 at the designated polling station. The voter’s name must appear on the statement or register, and the voter must not already have voted. Voting takes place secretly in a screened compartment. The ballot carries an official mark and a serial counterfoil. A voter who cannot read or mark the ballot independently can receive assistance from the Presiding Officer according to the voter’s instructions. A tendered ballot is sealed separately and is not included in the ordinary count. A personation challenge does not automatically prevent the challenged person from voting. Voting outside the registered district requires an application and an allocation, with special procedures for Niulakita and Niutao. Before polling, officers show that ballot boxes are empty and seal them. After polling, the Presiding Officer seals the packets and prepares the ballot account. Candidates may appoint polling and counting agents. The Returning Officer counts continuously with the agents present, normally one box at a time. A ballot is rejected if it lacks the official mark, identifies the voter, or does not show a clear intention. The result is declared promptly and then published by the Minister and in the Gazette. Election records are sent to the Attorney-General; most are destroyed after six months, while marked registers and results are retained. A national election petition must be filed in the High Court exercising civil jurisdiction within one month after publication of the result. The Court can inspect counted, rejected and tendered ballots while preserving ballot secrecy, and its decision is final. A citizen has a legal-cost entitlement from public revenue up to $5,000 under the reviewed rules. The national election costs are charged to the Consolidated Fund. Voters do not directly elect the Prime Minister. After a general election, the Governor-General calls a meeting of Parliament as soon as practicable. Members nominate candidates, and the Prime Minister is chosen by secret ballot. A candidate needs the support of a majority of the full membership; if no candidate reaches that number, the lowest candidate is excluded in successive ballots. In 2024, weather and transport difficulties contributed to a government-formation process lasting more than one month. Local elections use a separate system under the Falekaupule Act. A Falekaupule is the island community institution, and its Kaupule is the local council, generally with six elected members. The Falekaupule may resolve to use direct election or to terminate an arrangement, while the Minister sets wards and seats. Kaupule members normally serve four-year terms. Local voter eligibility generally requires age 18, residence in the Falekaupule area, payment of Kaupule rates or an exemption, and active island-community participation verified by the Falekaupule. Registration is normally refreshed every four years: claims are accepted for 21 days, the list is published within 14 days, and omissions or objections can be filed within 10 days. A candidate needs nomination by three ward voters. The election notice must appear at least 35 days before polling, and nominations close no later than 28 days before polling. Kaupule voting takes place at the ward polling station by secret ballot. A voter may choose up to six candidates and may cast no more than one vote for each candidate. Assistance for a voter with a disability involves the Presiding Officer and a police officer. Counting begins as soon as practicable with counting agents present. Ties are settled by drawing lots. Results are published at the Kaupule headquarters and in the ward, and election records are generally destroyed after six months. Questions about membership or a local election go to the Senior Magistrate, who can hear a petition that seeks to void the election. The Pule o Kaupule is then elected by a simple-majority secret ballot of eligible Falekaupule voters present in the Falekaupule building, normally within two weeks; the Tokolua Pule o Kaupule is appointed from the remaining members. Local election and register costs come from Kaupule general revenue.