First instance body dealing with electoral disputes
Tuvalu
ElectoralProvisions (Parliament) Act CAP. 4.04[A1] ,
10 Validity of nominations
(1) When any nomination paper is delivered to a Returning Officerthe candidate shall be deemed to stand nominated unless and until thatReturning Officer decides that the nomination paper is invalid or proof isgiven to the satisfaction of the Returning Officer of the death of thecandidate or if the candidate withdraws in accordance with section 12.
(2) A Returning Officer shall not be entitled to hold thenomination paper invalid except on one or more of the following grounds —
(a) that it was not delivered to him by the expiration of the timeallowed in section 8(b); or
(b) that it is not in the form in Schedule 3 or that such form hasnot been properly completed; or
(c) that the paper is not signed as required by law; or
(d) that the nominators of the candidate or one or any of them arenot persons whose names appear on the register of electors in respect of the appropriateelectoral district; or
(e) that the candidate already stands nominated for another electoraldistrict.
(3) AReturning Officer’s decision that the candidate has been validly nominatedshall be final and shall not be questioned in any legal proceedings except onan election petition.
56Questions as to elected members to be determined by High Court
(1) Proceedings on the question whether any person has beenvalidly elected as a member of Parliament or, being a member, has vacated hisseat or is required to vacate his seat, shall be commenced by way of petitionin the High Court in its civil jurisdiction (in this Act referred to as an“election petition”).
(2) Where the question to be decided concerns the right of anyperson to remain a member of Parliament, the High Court shall certify itsdecision in writing to the Minister; and where the High Court has decided thatany person is not entitled to remain a member, such person shall thereuponcease to be a member.
58Hearing of election petition
(1) Every election petition shall be heard by the High Court inopen court.
(2) During such hearing the High Court may order —
(a) the inspection and production of any rejected ballot papers;or
(b) the opening of any sealed packet of counterfoils of usedballot papers; or
(c) the inspection of any counted ballot papers; or
(d) the inspection and production of tendered ballot papers andthe tendered votes list:
Provided that in making and carrying into effect the order, careshall be taken that the way in which the vote of any particular elector hasbeen given shall not be disclosed until it has been proved that his vote wasgiven and the vote has been declared by the Court to be invalid.
