Police are investigating an incident involving a Faʻatuatua i le Atua Samoa ua Tasi (FAST) candidate for Falealili No. 1, Toelupe Poumulinuku Onesemo, after reports emerged that he attempted to pressure the Office of the Electoral Commission (OEC) to begin counting special and pre-polling votes ahead of schedule.

Police Commissioner Auapa’au Logoitino Filipo confirmed to the Samoa Observer that Toelupe visited the OEC operations centre at Tuanaimato between 10 am and 11 am on Sunday. According to Commissioner Auapa’au, Toelupe allegedly insisted that election officials start counting the ballots immediately instead of waiting until Monday, as originally planned.

“Police who were on duty at the scene said that Toelupe was there and tried to force the counting process.”

“The matter has been noted, and given the sensitivity of the election process, police are monitoring the situation closely,” Auapa’au said.

"Any person who obstructs the Commissioner or their delegate in implementing the Act commits an offence, punishable by up to two years imprisonment, a fine of up to 50 penalty units, or both."

Should an internal investigation confirm that Toelupe’s actions constituted interference, he could be formally charged. Penalties could range from a significant fine, to the tune of 50 penalty units, or to a prison term of up to two years, or a combination thereof.

Samoa Observer photojournalist Junior S. Ami caught Toelupe in his vehicle at the OEC operations centre. He then proceeded to ask the photojournalist what he was doing there, but did not say if the allegations were true.

The OEC had previously announced that the counting of special votes and pre-poll ballots would take place on Monday in accordance with the Electoral Act and standard procedures. These ballots play a critical role in determining the outcome for several constituencies, including Falealili No. 1, where Toelupe currently holds a narrow lead following the preliminary count released on Friday night.

While sources alleged that the FAST candidate appeared to be under the influence of alcohol during the visit, this claim could not be independently verified at the time of writing.

Legal experts have pointed out that any interference with the work of the Electoral Commissioner or their officials could amount to an offence under the Electoral Act 2019, which states that it is unlawful for any person to obstruct the Commissioner in implementing the Act. The offence carries a penalty of up to 50 penalty units or imprisonment for up to two years, or both.

The Electoral Commissioner Tuiafelolo John Stanley had previously emphasised that the OEC prioritises the integrity of the electoral process and will continue to ensure that all procedures are carried out in line with the law.

Samoa Observer contacted the OEC to find out whether formal charges have been laid against Toelupe, but as of press time the OEC has not yet responded.

However, police have not ruled out further action as they continue to investigate the matter.

The final results for the Falealili No. 1 seat and other seats are expected after the inclusion of all special and pre-polling votes, which the OEC confirmed would proceed according to schedule.