IMPORTANT INFORMATION FOR POTENTIAL CANDIDATES
As advised in an SHG Press Release issued on 10 February 2025, it is the intention for Legislative Council to be dissolved on Monday, 30 June 2025, with a General Election taking place on Wednesday, 3 September 2025.
Following the dissolution of Council on 30 June, all seats on Council will become vacant until after the General Election has taken place. In the event that only 12 valid nominations are received on Nomination Day, which will be Wednesday, 20 August, then a Poll will not be necessary on 3 September.
During the period between the dissolution of Council on 30 June up until a new Council is in place, the work of the Legislative Council will be on hold, with no meetings taking place during this period. However, the St Helena, Ascension and Tristan da Cunha Constitution Order 2009, as amended in 2021, allows, in section 77 for the Governor, in the event of an emergency arising, to recall the Legislative Council if the Governor considers it necessary to do so, in consultation with the Chief Minister.
The Executive Council may also be convened if it is necessary to do so after the dissolution of Council; however, no new policy decisions nor legislation nor any significant spending commitments will be made by Executive Council after the Legislative Council is dissolved.
Members of the public who are considering standing for election to the Legislative Council should note the following guidance. This guidance does not replace the provisions of the Elections Ordinance and Regulations, so if you are considering standing as a candidate in the 2025 General Election, you should familiarise yourself with the Elections legislation to understand your rights and your responsibilities.
When can you start campaigning?
You can start campaigning at any time. You do not have to wait until you are validly nominated to declare that you will run for election, ask people to support you or publish campaign material. However, it is important to note that there are certain actions such as bribery, treating and undue influence that amount to corrupt practice/ criminal offences, for which there are penalties.
Criminal Offences Contrary to Part V of the Elections Ordinance
Part V of the Elections Ordinance sets out a number of criminal offences connected with elections, for example
- Breaching the secrecy of voting by revealing who an elector has voted for;
- Inducing an elector to display the ballot paper after it is marked;
- Applying for a ballot paper in the name of someone else (whether dead, alive or fictitious)[1];
- Applying for a ballot paper when the candidate has already voted;
- Giving (or promising to give) an elector food, drink or entertainment to influence the elector to vote for a candidate(s) or not vote at all;
- Threatening to use force, violence or restraint against an elector to make the elector vote for a particular candidate(s) or not vote at all;
- Lending, giving or promising to obtain goods, money, services, etc for an elector if the elector votes for him or her or not vote at all.
Case studies:
- Candidate X invites Mr B to the pub for a beer if Mr B votes for X.
Is this wrong?
Yes, this amounts to treating.
- Candidate X tells Mr B that if X is elected, one of the top policies that he will pursue will be employment for all.
Is this wrong?
No, this is a policy – it is perfectly acceptable for candidates to state what their policy intentions are.
- Candidate X says to Mr B “if you vote for me, I will give your son a job.”
Is this wrong?
Yes, this is a bribe.
- Candidate X tells Mr B “If you don’t vote for me, I will beat your brother up.”
Is this wrong?
Yes, this amounts to undue influence.
- Candidate X tells Mr B “If you vote for me, I will make sure that you win the government tender (for goods / services) and/or get you a good job in the Public Service.”
Is this wrong?
Yes, X is bribing Mr B.
- Candidate X tells Mr B, who is a resident in Cape Villa “If you vote for me, I will drive you to town.”
Is this wrong?
Yes, X is treating Mr B.
- Candidate X’s son tells Mr B “If your vote for my dad, he will have your road done.”
Is this wrong?
Yes, X’s son is bribing Mr B to obtain a vote for X. This is wrong even if he is not a candidate
When does a person officially become a candidate?
The earliest that a person can officially become a candidate is on the day after the Legislative Council is dissolved. It is intended that the Legislative Council will be dissolved on 30 June 2025.
You will officially become a candidate on being so nominated in accordance with section 5 of the Elections Ordinance, 2009. Nominations will have to be delivered to the Returning Officer not later than noon on the last day appointed for the nomination of candidates, the date of which will be specified in the Writ of election.
It is intended that the Writ of Election will be issued by the Governor on Tuesday, 1 July 2025, so nomination forms can be delivered any time after that date.
During the campaign you should:
- Be aware of the deadlines for submitting nomination forms
- Be aware of the deadlines for notifying the Returning Officer of the number and names of your Polling Agents
- Be aware of the deadlines for notifying the Returning Officer about the names of your Counting Agents
During the campaign you may:
- Assist voters with information about proxy voting. The deadline for the Returning Officer to receive Proxy Applications will be 48 hours before the time of the opening of the Poll.
Serving Members of the Legislative Council
Any Elected Members who wish to stand for re-election to the Legislative Council may commence campaigning at any time; they do not have to wait until they are validly nominated before letting people know they intend to run for election. However, as with any other members of the public, they will not officially become a candidate for election until the date after the Legislative Council is dissolved
Individuals serving as Members of the Legislative Council immediately before its dissolution on 30 June 2025 will have been provided with facilities at public expense to enable them to carry out their duties. These facilities should not be used for political activities nor the dissemination of material that is political in nature.
Official social media accounts must not be used for political purposes.
Candidates and the media during the elections campaign
A media service may not allow any person who has declared themselves as a candidate to act as a journalist or presenter during an election. (The Media Standards Code of Practice effective from 1 October 2023, Code 8 “Guidance – Elections and Referendums” refers).[2] Candidates may be interviewed by the media and it is the media’s responsibility to offer the same opportunity to all candidates. It is for the individual candidate to decide whether or not he/she wishes to be interviewed by the media.
Candidates may use their personal social media accounts to promote their candidature but as with all campaigning activities, should do so in an appropriate manner that does not contravene the law.
Campaign posters should be removed within 14 days after the poll. Posters should not be displayed within the Polling Station or Polling Station limits on the day of the poll.
Any individuals with concerns about criminal offences being committed in respect of the election should contact the Returning Officer or the Royal St Helena Police Service.
#StHelena #GeneralElections #LegislativeCouncil
www.facebook.com/StHelenaGovt/
www.x.com/StHelenaGovt
SHG
02 June 2025
[1] Except if that is permitted by the provisions for proxy voting
[2] Code 8 of The St Helena Media Code of Practice effective from 1 October 2023 refers
