First instance body dealing with electoral disputes
Tuvalu
ElectoralProvisions (Parliament) Act CAP. 4.04, Section 56 & 58, p. 29
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 “electionpetition”).
(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 and the
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.
