[2602.HQ] Timing of Posting Campaign Topics in Elections

High Court
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Across two different ECs we have seen two different interpretations of the elections voting periods.
The Elections Act give the three voting periods as:

  • “A three-day declarations period, during which any eligible citizen wishing to run for [PM/Del] may declare their candidacy and begin campaigning, and the citizens will debate the merits of their platform.”
  • “A two-day campaign period, during which candidates may campaign, and the citizens will continue to debate the merits of their platforms.”
  • “A three-day voting period.”

Across multiple elections we have seen two different interpretations concerning when candidates need to declare they are running and when candidates need to post the campaign topic.

The first interpretation is candidates need to both declare they’re running and post their campaign within the first 3-day period (April 2026 PM, May 2026 PM). We’ve seen this with Kringle as EC

The second is candidates need to declare they’re running within the first 3-day period and then post their campaign topic within either the first 3-day period or the second 2-day period (Oct 2025 PM, Jan 2026 PM, Jan 2026 Del, April 2026 Del). We’ve seen this with Nwahs as EC.

I suspect the current election is supposed to be that of the first interpretation, but the date is very wrong.

Which is the correct interpretation?

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High Court of the South Pacific

This is a case before the High Court of the South Pacific, considered under the following identifying information:

Docket Number
2602.HQ

Reference Name
Timing of Posting Campaign Topics in Elections

Request
Are candidates required to post their campaigns in the combined declaration and campaign stage of the election or by the end of the campaign only stage of the election?

Submission: 19 July 2026

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High Court of the South Pacific

[2602.HQ] Timing of Posting Campaign Topics in Elections

Pursuant to my authority as Chief Justice, I hereby assign this case to myself and shall preside over the proceedings henceforth.

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High Court of the South Pacific

[2602.HQ] Timing of Posting Campaign Topics in Elections

Whereas this Court has been asked to exercise the judicial power vested in it by the Charter of the South Pacific, it is resolved that:

  1. This case is justiciable.
  2. Petitioner and interested parties are invited to present arguments on this case no later than 2026-07-28T22:00:00Z.

Submission: 19 Jul 2026 | Determination: 21 Jul 2026

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High Court of the South Pacific

[2602.HQ] Timing of Posting Campaign Topics in Elections

Legal Question:

Are candidates required to post their campaigns in the combined declaration and campaign stage of the election or by the end of the campaign-only stage of the election?

Summary of the Opinion:

The Court holds that the Elections Act establishes separate requirements for declaration and campaign posting. A prospective candidate must declare their candidacy during the three-day declarations period. The Act does not, however, require the candidate to post their campaign during that same period. A candidate who timely declares may post their campaign during the subsequent two-day campaign-only period, but must do so prior to the end of that same campaign-only period to be considered eligible for placement on the ballot.

Chief Justice @Griffindor delivered the opinion.

The question before the Court is whether the Elections Act requires a candidate who declares their candidacy during the three-day declarations period to also post their campaign during that same period. The Court concludes that it does not. According to Article 2, Section 3 of the Elections Act, “[t]o be eligible to be included on a ballot, a candidate must post a campaign in an area designated by the Election Commissioner” [1], making the posting of a campaign a mandatory condition of ballot eligibility. That provision, however, does not specify that the campaign must be posted during the declarations period, nor does it state that failure to post a campaign during that period terminates a candidacy. The Court must therefore determine the applicable deadline by reading Article 2, Section 3 together with the election-specific provisions governing declarations and campaigning.

According to Article 3, Section 3, Subsection a.(i)-(iii) of the Elections Act, the first round of the Delegate election consists of a three-day declarations period, “during which any eligible citizen wishing to run for Delegate may declare their candidacy and begin campaigning,” followed by a two-day campaign period “during which candidates may campaign” [2]. The same structure applies to the election of the Prime Minister under Article 4, Section 2, Subsection a.(i)-(iii) [3]. The use of the word “may” is significant. The Elections Act expressly permits a candidate to begin campaigning during the declarations period, but does not require the candidate to do so. Likewise, the subsequent campaign period establishes an additional period during which candidates may campaign. Nothing in either provision converts the permission to begin campaigning during the declarations period into a requirement that a campaign must already have been posted when that period concludes.

The legislative history of the current provisions reinforces this reading. In October 2023, the Assembly debated [4] and later adopted (in January 2024) [5] an Elections Act reform that replaced the prior schedule with a four-day campaign and debate period followed by four days of voting. In July 2025, however, the Assembly considered [6] and enacted (in August 2025) [7] an amendment expressly restoring the three-day declarations period, two-day campaign period, and three-day voting period. The amendment was presented specifically as an effort to “restore the two-day campaigning period” found prior to the previous changes. During debate, then-legislator Erstavik questioned whether the separation of the declarations and campaign periods meant that campaigning was prohibited during declarations [6]. The amendment’s sponsor, then-legislator Welly, expressly rejected that interpretation and amended the language to make clear that candidates “may begin campaigning” during the declarations period [6]. This history demonstrates that the Assembly intended to permit early campaigning; it does not demonstrate an intent to require every candidate to have posted a campaign before the declarations period ended.

The distinction is important because Article 2, Section 3 of the Elections Act establishes the substantive requirement, while Articles 3 and 4 establish the election timetable. A candidate must ultimately post a campaign to be eligible for inclusion on the ballot, but the Act does not establish the end of the declarations period as the deadline for doing so. The candidate must first declare in a timely manner during the declarations period, after which the candidate remains in the election process and may campaign during the subsequent campaign period. The two-day period therefore provides a final opportunity to satisfy the campaign requirement before voting begins, rather than merely serving as a period during which campaigning is permitted after an earlier mandatory campaign deadline has passed. To hold otherwise would transform the words “may begin campaigning” into a mandatory requirement that the Assembly did not enact.

The Court therefore holds that the Elections Act establishes two distinct requirements and two corresponding points in the election process. A candidate must declare their candidacy during the applicable three-day declarations period; the candidate must post a campaign to be eligible for inclusion on the ballot; candidates may campaign during the subsequent two-day campaign period, in addition to the initial three days provided during the declarations period. A candidate who declares during the declarations period but does not post a campaign until the subsequent campaign period has therefore satisfied the timing requirements of the Act, provided the campaign is posted no later than the conclusion of that period. A candidate who fails to post a campaign by the conclusion of the campaign period, however, has not satisfied Article 2, Section 3 and is consequently ineligible for inclusion on the ballot.

It is so ordered.

References

  1. Elections Act; Article 2, Section 3 (2025). The MATT-DUCK Law Archive.
  2. Elections Act; Article 3, Section 3, Subsection a.(i)-(iii) (2025). The MATT-DUCK Law Archive.
  3. Elections Act; Article 4, Section 2, Subsection a.(i)-(iii) (2025). The MATT-DUCK Law Archive.
  4. October 2023 Elections Act Reform; The Assembly Record. [2351.AP] Elections Act Reform
  5. January 2024 Elections Act Reform; The Assembly Voting Floor. A2401.01 [2351.AP] Elections Act Reform
  6. July 2025 Elections Act Reform; The Assembly Record. [2535.AB] Amendments to the Elections Act (Campaign and Voting Periods)
  7. August 2025 Elections Act Reform; The Assembly Voting Floor. A2507.02 [2535.AB] Amendments to the Elections Act (Campaign and Voting Periods)

Submission: 19 Jul 2026 | Determination: 21 Jul 2026 | Opinion: 09 August 2026

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