Natural Mystery of PNG

China Plus Culture There's more to China than meets the eye. Let us introduce you to the country's vibrant culture and ancient traditions, as well as provide valuable tips on its must-see travel destinations.

IS THE ELECTORAL COMMISSION CORRECT TO CLAIM THAT EARLY CAMPAIGNING IS ILLEGAL?

The short answer is NO.

The Electoral Commission (EC), in its notice in both major papers on Thursday, is (once again) wrong to suggest that intending candidates or parties cannot carryout campaign awareness or announce their intending candidates before the issue of writs on 28 April 2022.

In those notices, it appears the Electoral Commission was relying on legal advice that is clearly misconceived and without legal foundation.

National and LLG elections are governed by the Organic Law on National & LLG Elections. There is no actual law that makes reference to early campaigning, awareness campaigns or parties announcing their candidates prior to the issue of writs.

Instead, Section 182(1) states that “a person who writes, draws or depicts electoral matters directly on a roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place, and whether on land or water or in the air), is guilty of an offence.” The penalty being a fine of K500.00 or less.

It goes on to state that the application of section 182(1) extends in relation to an election although the writ of that election has not been issued – suggesting it applies to the period before, during and after an election.

Section 182(3) states that nothing in the section prohibits the posting up, exhibiting, writing or depicting of a sign or at the office or committee room, of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party and specifying the name of the candidate or name of the party concerned or the projection by means of a cinematography or other similar apparatus of electoral matter on to a screen in a public theatre, hall or premises used for public entertainment.

So what is the intent of this law?

It is obvious that the law is intended to prevent people from writing or posting election messages directly on public roads, public footpaths, public buildings and anyone else's private property before or after a writ is issued.

It is to stop littering and the defacing of public property.

If the law intended that any or all campaigning, be it posters or otherwise, was illegal prior to the issue of writs, it would have stated this plainly, in detail and provided a suitable consequence (a fine or jail time) for the offence.

But it doesn’t, because this was not the intent of the law.

What I found absurd is that the EC publication begins by admitting the law is silent on the issue of early campaiging. It then goes on to make a series of weak attempts to argue the intent of the law was to make early campaigning illegal.

If that was the case, it would have been made explicit.

It’s my view that the Electoral Commission publication is false and misleading. My concern is that public funds were spent obtaining misplaced legal advice from a dubious source, and that more public funds were spent publishing full-page advertisements in both national newspapers.

The source of advice relied upon by the Electoral Commission was not my department, and to my knowledge the Department of Justice was never consulted – despite being the authorised source of advice for Government on matters pertaining to the Constitution and Organic Law.

I strongly suggest the Electoral Commission seek proper advice from Government-authorised experts on these matters, namely the Attorney -General, State Solicitor and Solicitor General – advice that won’t cost public funds and risk confusing the public on such an important constitutional issue.

It is difficult to see how the public can have confidence in the abilities of those leading the Electoral Commission when they rely on poor legal advice make such public errors about matters relating to the law on elections.

Life is natural
Environment is natural
Planets and so