Compulsory voting

Samoa, Electoral Act 2019, accessed 11 April 2021

63. Compulsory voting:

(1) It is the duty of every voter qualifying under this Act registered as a voter, to vote at each election.

(2) The Electoral Commissioner must, after the declaration of official results at each election, prepare for each constituency, a list of names and addresses of the voters who appear to have failed to vote.

(3) Subject to subsection (4), the Commissioner must within three (3) months after every election:

(a) send a penalty notice; or

(b) arrange for a penalty notice to be delivered by other means, to a person whose name appears on the list in subsection (2) at that persons last known address.

(4) The Commissioner is not required to send or deliver a penalty notice if he or she is satisfied that the voter:

(a) is deceased; or

(b) was absent from Samoa on polling day; or

(c) was not eligible to participate in voting; or

(d) has valid and sufficient reason for failing to vote.

(5) A penalty notice is a prescribed notice informing the voter that:

(a) the voter appears to have failed to vote at the election; and

(b) it is an offence to fail to vote at an election without a valid or sufficient reason for not voting; and

(c) if the voter chooses to have the matter addressed outside of court, the voter may within the prescribed time -

(i) provide the Commissioner particulars of the voter not voting; or

(ii) provide the Commissioner reasons under subsection (4)(d); or

(iii) pay the penalty notice fine of $100.00 to the Commissioner.

(6) If a voter does not respond to a penalty notice issued pursuant to subsection (5), the Commissioner may send a second penalty notice.

(7) If a voter fails to respond to a second penalty notice the Commissioner may refer the matter to Court.

Samoa introduced compulsory voting in 2019, which was first implemented in 2021 General Elections.