Solomon Islands 1978 Constitution (reviewed 2018) - Page 16 of 17

Table of Contents

SCHEDULE 2 TO THE CONSTITUTION. ELECTION OF PRIME MINISTER (Section 33(1))

1. Calling of election meeting

As soon as possible after a general election of members of Parliament, or whenever there is a vacancy in the office of Prime Minister, the Governor-General shall convene a meeting of members for the purpose of electing a Prime Minister by issuing to each member a notice stating—

the date, place and time of the election meeting;
the place at and the date and time on which nomination papers are to be delivered to the Governor-General which time shall be not later than four days before the date appointed for the election meeting.

2. List of candidates

A list specifying all candidates nominated and their respective nominators shall be submitted by or by direction of the Governor-General to each member prior to the election meeting.

3. Candidature

All members shall be eligible for candidature.
No member shall be a candidate unless he is nominated as such by four other members, and no member may nominate more than one candidate.
Any candidate may withdraw his candidature at any time before the conclusion of the election.

4. Election may be countermanded or suspended

If, at any stage of the election, a candidate dies or in the opinion of the Governor-General is seriously incapacitated, or if for any other reason the election in the opinion of the Governor-General cannot or is unlikely to be successfully completed in accordance with paragraph 7 of this Schedule, the Governor-General may either—

countermand the election in which case the electoral procedure shall be commenced de novo; or
suspend the election proceedings until some later time or day.

5. Method of voting

The election shall be by secret ballot.
Each member shall have only one vote at the first and at each subsequent ballot, if any, held in accordance with paragraph 7 of this Schedule.

6. Conduct of meeting

The election meeting shall be presided over and the election conducted by the Governor-General.
The Governor-General may for the purpose of counting votes and for any other purpose relating to the conduct of the election enlist the assistance of such number of public officers as he shall consider necessary.
No person other than the Governor-General, a member, or a public officer whose assistance is enlisted under the preceding sub-paragraph shall be present at an election meeting.

7. Voting procedure

If any candidate should at any ballot receive an absolute majority of votes, he shall thereby be elected Prime Minister.
If no candidate should receive an absolute majority of votes at the first ballot a further ballot shall be held wherein—
1. the candidate who received [the] fewest votes at the first ballot shall thereby be eliminated; or
2. if there is a tie between two or more candidates for the fewest number of votes received at the first ballot, the Governor-General shall decide by lot which one of such candidates shall be eliminated.
If in a second ballot no candidate should receive an absolute majority of votes, subject to subparagraph (5) of this paragraph, further ballots shall be held until one candidate receives an absolute majority of votes.
The procedure specified in subparagraphs (1) and (2) of this paragraph relating to the first and second ballots shall apply in relation to subsequent ballots.
If, after one or more ballots, all candidates save two have been eliminated, only one further ballot shall be conducted to decide the election between these two candidates at which the candidate receiving the greater number of votes shall be elected Prime Minister.
If the ballot conducted in accordance with the preceding subparagraph results in a tie between the two candidates, one further ballot shall be conducted to decide the election between these two candidates and if there is a tie between them again, the Governor-General shall countermand the election and the election procedure shall be commenced de novo.
No ballot shall be held within a period of less than six hours after the conclusion of the preceding ballot.

8. Announcement of results

When the count has been completed in any ballot the Governor-General shall forthwith announce to the meeting the number of votes received by each candidate and, where any candidate has received an absolute majority of votes, or the greater number of votes under paragraph 7(5) or (6) of this Schedule, shall declare such candidate to have been elected Prime Minister.

9. Notification of result

Upon the election of a Prime Minister, the Governor-General shall cause that fact and the identity of the Prime Minister—

to be made known to the public in such manner as to him may seem appropriate; and
to be published as soon as may be in the Gazette.

10. Disputes

Any dispute arising out of or in connection with the calling or conduct of any election meeting or the election of the Prime Minister under this Schedule shall be determined by the Governor-General whose determination of the matter in dispute shall be final and conclusive and shall not be questioned in any proceedings whatsoever.