The Electoral Commission will apply the 70% threshold law to see if the Epi Constituency third runner-up of the January 16 By-Election is eligible to fill the seat vacated by jailed former MP Seoule Simion.

While Section 8 (1-12) of the Electoral Act have been sought in the past when dealing with the vacation of seats in Provincial and Municipality councils, Electoral Commission Chairman Edward Kaltamat confirmed this will mark the first time to apply the provision at the parliamentary level.

Secretary-General of the Electoral Commission, Edward Kaltamat, confirmed that there are two possible processes to fill the seat under current legislation. The first is to apply the new runner-up provision, which allows the next highest-scoring candidate to take the seat if they meet the required 70% threshold of the winning vote.

“Once the Speaker declares the seat vacant, we will review the election results and apply the 70% threshold provision. If any of the non-winning candidates meet the requirement, we will follow the law and declare that candidate as the winner,” Kaltamat explained.

During the 16 January 2025 election, the winning candidate Simion received 1,085 votes.

The first runner-up was MP Robert Bohn, who also secured 1,085 votes, while the next candidate in line — and the one now under consideration — is John Nil of the Vanuatu Progressive Development Party, who received 919 votes.