Legal

Electoral Law & Amendments

The constitution of Nauru, international treaties, the electoral act of 2016, and NEC regulations and decisions, all form the legal and regulatory framework for Elections in Nauru. Together they establish the voting rights Nauruan citizens use to elect representatives and hold referendums. In effect they establish the “rules of the game”.

The constitution does not define Nauru’s electoral system. This is defined in the electoral act. Therefore the system can be changed in Parliament without the need to amend the constitution.

In 2016, Nauru went to the polls under its new election law, known as the Electoral Act of 2016. It has been amended since then.

Click the links below to download the electoral law and its amendments:

Electoral (Amendment) Act 2016 ↓

An Act to amend the Electoral Act 2016 to facilitate applications for transfer of registration for voters who are automatically entered on the Roll, and to alter the closing date for withdrawal of nomination as candidate: (12 May 2016)

Electoral (Amendment) Act No. 02 2016 ↓

Reduces Fees for Candidacy from $2,000 to $500. Clarifies who can use a mobile polling station. (9 June 2016)

Electoral (Amendment) Act No. 03 2016 ↓

Clarifies restrictions on voter transfers (23 December 2016)

Electoral (Amendment) Act 2019 ↓

Defines Nauruan custom or customary links for transfer purposes. Introduces Early voting. Reduces the withdrawal period for nominations to 72 hours. Clarifies resignation period for holder of an office of profit in the service of Nauru in an early election or by-election. Defines and reviews the management of an election which fails. Limits publishing of candidate nominators to two. Allows pictures and names of all candidates in ballot paper to be placed in voting booths. Reduces proxy votes from 5 to 2. allows automatic recounts for elections with 0.25% or less winning margin. Clarifies petition requirements. (10 May 2019)

Electoral (Amendment) Act 2017 ↓

Repeals the alternative electoral systems for By-Elections (5 May 2017)

Electoral (Amendment) Act 2018 ↓

Clarifies restrictions on transfers and on how to manage the exclusion of a candidate from results. (6 March 2018)

Election Petition Rules 2019 ↓

Updates the election petition Rules (1 August 2019)

Electoral (Amendment) Act 2019 No.02 ↓

Raises the number of proxy votes a person can cast to 4. Introduces a method for determining a winner in a tied result

Electoral (Amendment) Act 2020 No.02

Raises the cost of transferring constituency from $150 to $1000.

NEC Decisions and Regulations

The NEC is mandated by the Electoral Act to issue decisions and regulations on any matter necessary or convenient for giving effect to the Electoral Act.

Administrative regulations complement electoral laws, and allow the NEC to regulate specific topics of the 2016 Electoral Act as needed. This currently includes the regulations posted here:

Gazette Notices For Registration & Transfer of Voters

Gazette Notices for 2019 General Election