What Is the Right to Vote and Stand for Public Office?

Section 50 of the Constitution is one of the provisions requiring a three-quarters absolute majority to alter under section 17(3) — a mark of how the drafters ranked it.

Who holds the right

Subject to the express limitations imposed by the Constitution, every citizen who is of full capacity and has reached voting age, other than a person within one of three disqualifications, has the right and shall be given a reasonable opportunity:

• (c) to take part in the conduct of public affairs, either directly or through freely chosen representatives;
• (d) to vote for, and to be elected to, elective public office at genuine, periodic, free elections; and
• (e) to hold public office and to exercise public functions.

Paragraph (c) is wider than voting. “Taking part in the conduct of public affairs” covers participation in public processes generally, and is reinforced by National Goal 2, which calls for every citizen to be able to participate, directly or through a representative, in the consideration of any matter affecting their interests.

The three disqualifications

1. (a) a person under sentence of death or imprisonment for a period of more than nine months;
2. (b) a person convicted, within three years before the first day of the polling period for the election concerned, of an offence relating to elections prescribed by an Organic Law or Act for the purposes of that paragraph;
3. (ba) a person who has dual citizenship of another country.

Paragraph (a) is tied to the length of the sentence, not the nature of the offence. Paragraph (b) is time-limited and confined to prescribed electoral offences. Paragraph (ba) was added with the dual-citizenship amendments and is reinforced by section 56(1): only citizens other than those with dual citizenship may vote in elections for, or hold, elective public offices. See dual citizenship explained.

“Full capacity” and voting age

The right belongs to a citizen of full capacity who has reached voting age. Voting age and the machinery of enrolment and elections are matters for the Organic Law on National and Local-level Government Elections. Because that is an Organic Law, changes to it require the special procedure and majorities discussed in how the Constitution is amended.

Section 50(2) — how the right may be regulated

The exercise of these rights may be regulated by a law that is reasonably justifiable for the purpose in a democratic society that has a proper regard for the rights and dignity of mankind.

Note that section 50(2) uses the “reasonably justifiable” standard directly rather than routing through section 38. The content of that standard is supplied by section 39, including the wide list of material a court may consider under section 39(3).

Regulation covers enrolment, nomination requirements and fees, candidate eligibility, campaign rules, polling procedure and the counting of votes. The line is between regulating the exercise of the right and defeating it.

Challenging an election

Disputed returns are dealt with under the Organic Law on National and Local-level Government Elections, by petition to the National Court within the time that Organic Law prescribes. The time limits and formal requirements are strict and are strictly enforced — a petition that misses a requirement is commonly dismissed without reaching the merits.

Decisions of the courts on election petitions may in turn be reviewed by the Supreme Court, including under section 155(2)(b). See Aihi v Isoaimo [2013] PGSC 56; SC1276 and Agiwa v Kaiulo [2003] PGNC 142; N2345.

Related provisions

• Section 46 — political expression and press freedom during campaigns.
• Section 47 — forming and belonging to political parties.
• Section 55 — equality of citizens irrespective of political opinion or sex.
• Section 103 — qualifications and disqualifications for membership of Parliament.