The electoral cycle in Papua New Guinea is set by sections 104 to 106 of the Constitution, and all of it is measured from one date: the day fixed for the return of the writs.
Section 104(1) — when a member takes office
An elected member takes office on the day immediately following the day fixed for the return of the writ for the election in their electorate. Not on polling day, and not on declaration — on the day after the return of the writ.
Section 104(2) — when a seat becomes vacant
The seat of a member becomes vacant:
- (a) if the member is appointed as Governor-General;
- (b) on the expiry of the day fixed for the return of the writs for the general election after they last became a member;
- (c) on resignation by notice in writing to the Speaker — or, for the Speaker, to the Clerk of the Parliament;
- (d) if absent without leave of the Parliament during the whole of three consecutive meetings, unless Parliament waives the rule on satisfactory reasons being given;
- (e) if, except as authorised by an Organic Law or Act, the member directly or indirectly takes or agrees to take any payment in respect of their services in the Parliament;
- (f) if they become disqualified under section 103;
- (g) on death; or
- (h) if dismissed from office under the Leadership Code.
Section 104(3): a meeting commences when Parliament first sits following a general election, a prorogation, or an adjournment otherwise than for a period of less than 12 days — and ends when Parliament is next prorogued or adjourned otherwise than for less than 12 days. Short adjournments do not create new meetings.
Section 105 — when a general election is held
A general election shall be held:
- (a) within the period of three months before the fifth anniversary of the day fixed for the return of the writs for the previous general election; or
- (b) if, during the last 12 months before that fifth anniversary, either
- a vote of no confidence in the Prime Minister or the Ministry is passed under section 145; or
- the Government is defeated on a question the Prime Minister has declared to the Parliament to be a question of confidence; or
- (c) if the Parliament, by an absolute majority vote, so decides.
A successful no-confidence motion triggers a general election only if it occurs in the last 12 months of the five-year term. Earlier in the term, section 145 operates differently: Parliament nominates a replacement Prime Minister and the Parliament continues. That distinction is the single most important thing to understand about PNG’s political cycle.
Who fixes the dates
Section 105(2): the Head of State, acting with and in accordance with the advice of the Electoral Commission, fixes the first and last days of the polling period and the date by which the writs are to be returned.
Section 105(3) directs the Electoral Commission to do its best to ensure that:
- in a normal five-year cycle, the return of writs is fixed as nearly as may reasonably be to the fifth anniversary of the previous return; and
- in an early-election case, the return of writs is fixed as soon as may reasonably be after the relevant decision of the Parliament.
Note that the Electoral Commission advises the Head of State on election timing — not the National Executive Council. There is no power in the government of the day to choose the election date.
Section 106 — by-elections
If the office of an elected member becomes vacant otherwise than by the ordinary expiry of the Parliament, an election shall be held to fill the vacancy — unless the vacancy occurs within the 12 months before the fifth anniversary of the date fixed for the return of the writs for the previous general election.
Section 106(b) also deals with overlap: where a writ has been issued for an election and, before the day fixed for its return, writs for a general election are issued, the first writ is deemed to have been revoked.
How protected these provisions are
Sections 105 and 106 are in the list in section 17(3), so altering them requires a three-quarters absolute majority. Section 104 requires an absolute majority under section 17(2). Extending the life of a Parliament is therefore among the hardest things to do under this Constitution.
Sources
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.