38. Is there a ban on vote buying?

96. Bribery – (1) In this section, “voter” includes a person who has or claims to have a right to vote.
(2) A person is guilty of a corrupt practice who commits the offence of bribery.
(3) A person commits the offence of bribery who, directly or indirectly by himself or herself or by any other person on his or her behalf:

(a) gives any money or procures an office to or for a voter, or to or for any other person on behalf of a voter, or to or for any other person, in order to induce a voter to vote or refrain from voting; or

(b) corruptly does any such act as aforesaid on account of a voter having voted or refrained from voting; or

(c) makes any such gift or procurement as aforesaid to or for s person in order to induce that person to procure, or endeavour to procure, the return of a person at an election or the vote of a voter,−
or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of a person at an election or the vote of a voter.
(4) For the purposes of this section:

(a) references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration;

(b) references to procuring an office shall include references to giving, procuring, agreeing to give or procure or to endeavour to procure, an office, place, or employment.
(5) A person commits the offence of bribery who:

(a) advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or a part thereof is to be expended in bribery at an election; or

(b) knowingly pays or causes to be paid any money to a person in discharge or repayment of any money wholly or in part expended in bribery at an election.
(6) Subsections (7) and (8) do not extend or are to be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election.
(7) A voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.
(8) A person commits the offence of bribery if after an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of a person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

Source: Article 96, Electoral Act 1963 as consolidated to December 2016

97. Treating – (1) A person is guilty of a corrupt practice who commits the offence of treating.
(2) A person commits the offence of treating who corruptly by himself or herself or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any food, drink, entertainment, or provision to or for a person:

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b) for the purpose of corruptly procuring himself or herself to be elected; or

(c) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
(3) A voter who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

Source: Article 97, Electoral Act 1963 as consolidated to December 2016

97A. Conduct of “O’o” and “Momoli” – Despite the other provisions of this Act, the traditional presentation of “O’o” and “Momoli” by a Member or Candidate for Parliament or a person acting on behalf of such Member or Candidate shall not be considered as treating or bribery or an illegal or corrupt activity or practice provided that the presentation is made within the period commencing with the 180th day and ending with the 90th day from expiry of the then Parliament at five (5) years from the date of the last preceding General Elections.

Source: Article 97A, Electoral Act 1963 as consolidated to December 2016

97B. Conduct of “tautua faaauau” – (1) Despite the other provisions of this Act, the traditional service or assistance of “tautua faaauau” by a Member or a person acting on behalf of such Member shall not be considered as treating or bribery or an illegal or corrupt activity or practice, where the service or assistance is given before 90 days prior to the expiry of Parliament at 5 years from the date of the last preceding General Elections or given after the close of Poll on polling day.
(2) For the purposes of this section, “tautua faaauau” means the provision of service or assistance in a form or manner rendered or given to a person or organisation provided such service or assistance:

(a) is considered to be culturally appropriate or expected; and

(b) is not excessive in the circumstances; and

(c) is not a “O’o” or “Momoli”.
(3) This section does not apply to the provision of service or assistance at a funeral or to the Member ’s church minister.

Source: Article 97B, Electoral Act 1963 as consolidated to December 2016

99A. Illegal activities during period of election – (1) In this section, “period of election” means the period during an election or by-election, commencing on the day after the Commissioner gives public notice of polling day and ending at the close of the Poll on polling day.
(2) A candidate who, during a period of election except at a funeral, directly or indirectly, by himself or herself or by any other person on his or her behalf renders or makes presentation of any food, beverage, money or other valuable to a territorial or urban voter at a ceremony or activity is guilty of an illegal practice.
(3) A voter who, during a period of election except at a funeral, obtains or attempts to obtain, directly or indirectly by himself or herself or by any other person on his or her behalf, any food, beverage, money or other valuable from a candidate for election, is guilty of an illegal practice.

Source: Article 99, Electoral Act 1963 as consolidated to December 2016

While vote buying is illegal, there are some exceptions for culturally appropriate gifts made during specified time periods