Court to open uncounted pre-poll ballots from Gao Bugotu after they were overlooked for counting

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Pre-poll ballots for the three constituencies in Isabel Province were overlooked and were not counted, however, the one in Gao/Bugotu must now be counted as the uncounted votes were equal to the number of winning ballots (13 votes difference).

Tevor Hedley Mahaga ousted former MP Samuel Manetoali with a margin of just 13 votes.

Chief Electoral Officer Jasper H. Anisi told the media today that whilst the commission made the decision not to count the pre-poll votes for Maringe Kokota and Kia Hograno and Havulei, the one Gao Bugotu must go before the court for counting.

Anisi confirmed this afternoon updated the media that the commission has since taken steps to address it.

Anisi said that during the counting process for the constituencies of Gao/Bugotu, Hograno/Kia/Havulei and Maringe/Kokota, 39 pre-poll ballot papers were unfortunately inadvertently not counted, and the respective Returning Officers had already declared the winners.

“The Commission was asked to consider this situation and to issue some directives,” said Anisi.

He said that after the deliberations and decision of the Commission, he has reached out to candidates that contested the three constituencies to inform them of these pre-poll ballot papers which were inadvertently not counted in the final count.

“The Commission noted that the respective returning officers, after making the declarations of the winning candidates under section 106 of the Electoral Act, and notifying the Commission of the full results, the Returning Officers could not review their own decisions.”

“The Returning Officers were in legal terms considered “functus officio” and the only authority able to review the decisions of the Returning Officers is the High Court of Solomon Islands,” said CEO Anisi.

The pre-poll ballot papers forwarded from Honiara for each of the Constituencies were as follows –

• Gao/Bugotu – 13

• Hograno/Kia/Havulei – 15

•  Maringe/Kokota – 11

The margin between the declared successful candidates and the first runners-up were as follows –

(i) Gao/Bugotu – 13

(ii) Hograno/Kia/Havulei – 2113

(iii)  Maringe/Kokota – 106

Anisi outlined that in relation to the Constituency of Gao/Bugotu “the Commission decided  amongst other things, that since the number of pre-poll ballot papers cast and not counted is 13, compared to the difference of 13 between the successful candidate and the first runner up, the final outcome already declared may be affected if all the pre-poll ballot papers cast, without exception,  have a vote in favour of the runner up.”

The Commission has decided to write to the Attorney-General to request that the AG  “seek to issue a status petition under section 109 of the Electoral Act, to enable the Court to open the envelope of uncounted pre-poll ballot papers to determine the manner in which those 13 voters had voted.”

“The Commission acknowledges the error made and has taken pro-active steps to try and rectify them within the law,”  Anisi emphasised. 

The difference in votes cast between the successful candidates and the first runners up in the Hograno/Kia/Havlei constituency and the Maringe /Kokota constituency were far in excess of the pre-poll votes not counted,

He outlined that as this will not affect the final result, no further action should be taken in respect of the count results of these two constituencies.

Trevor Hedley Mahaga was declared the winner ahead of the former MP Samuel Manetoali.

He won by 13 votes.