Title 3.  SUFFRAGE AND ELECTIONS

 

Part I. Suffrage

 

Chapter 1. Qualifications

 

Section 3.101. Registration as qualification. In order to vote a person is registered in the State and in the district in which he seeks to vote pursuant to Chapter 12.

Section 3.102. Disqualification. A person may not vote, if:

(1) a court finding that he is mentally incompetent is in effect;

(2) a court has convicted him of a felony and the term of the sentence has not run, regardless of whether the voter is on probation, has received a parole, or is serving the term; or

(3) he is registered to vote in another jurisdiction or has declared his domicile as a place other than in the State.

 

Part II. Elections

Chapter 11. Provisions of General Applicability

Section 3.1101. Definition.

(1) The "Commission" is the Election Commission.

(2) "District" is an electoral district.

(3) "Election" refers to a Government general or run-off election, to a special election, including for recall, and to a referendum which is State-wide or which the Government initiates.

(4) "Supervisor" is the Commission member designated by the Commission to represent the Commission at, and supervise, a polling place.

Section 3.1102. Report of violation. The Commission reports an apparent violation of law or regulation pertaining to an election to the Office of the Attorney General, providing available evidence.

Section 3.1103. Use of Government facilities. A Government facility is available to candidates according to the following:

(1) If a candidate has access to a facility, each candidate for the same office has fair and equal access.

(2) The person responsible for the operation of the facility or its use by a candidate is responsible for assuring the equal access rights of an eligible candidate.  

(3) In the use of a facility a candidate for an office has the opportunity to make the same number of campaign presentations and rebuttals and has equal access to approximately the same audience as each other candidate for the office.

 

Section 3.1104. Election notice. The Commission gives public notice in advance of an election as follows:

(1) general election . . . . . ninety days

(2) any other election . . . . forty days

Section 3.1105. Districts. The districts are the municipalities.

Section 3.1106. Postponement of election. If the Commission determines that a natural disaster or act of God precludes an election's occurring on the date announced pursuant to Section 3.1104, it announces a substitute date for the election. If balloting occurs in an unaffected electoral district as scheduled, the Commission preserves a box containing marked ballots unopened until completion of the election.

Section 3.1107. Vacancy in Legislature. A vacancy in the Legislature arises from death, resignation, removal, or disability. The Governor makes an appointment to fill a vacancy in the Legislature within three days of notification of the vacancy.

Section 3.1108. Election to Legislature. A candidate for the Legislature gains election from a district, if the number of ballots in his favor ranks him relatively among the other candidates within the number of seats contested in the district.

Section 3.1109. Election records. The Commission preserves a writing concerning an election issued or received by the Commission.

Section 3.1110. New election. Only the Court may order a new election because of irregularity, fraud, or other misconduct affecting an election. The filing of a complaint contesting an election occurs within twenty days of certification of the result of the election.

 

Chapter 12.  Voter Registration

 

Section 3.1201. Register and lists of voters.

(1) The Commission maintains a general register of qualified voters, and a list of qualified voters for each district. The Commission posts a certified copy of a list at the relevant municipal office fifteen days before an election.

(2) The Commission enters a registered name in its proper place in a general alphabetical index, with a reference to the page on which the registration appears.

(3) A person does not vote in an election and his name does not appear in the register or list of voters if he fails to register with the formalities and subject to the restrictions and qualifications required by law.

Background

Amended by State Law 4-119.

Section 3.1202. Petition following exclusion. A registered voter excluded from a relevant list may petition the Commission for inclusion. If the Commission finds that the person is entitled to inclusion, it places the name of the person on the list.

Section 3.1203. Time of registration. A person may register to vote except during the periods beginning thirty days before an election and thirty days after an election.

Section 3.1204. Qualification for Registration.

(1) To register to vote a person is:

(a) a citizen of the Federated States of Micronesia; and

(b) a domiciliary of the State; and

(c) at least eighteen years of age on or before the next election; and

(d) a resident of the district of registration for any ninety consecutive day period prior to the date of registration.

Background

Amended by State Law 4-119.

 

                     Section 3.1205. Striking disqualified voter. Within five days following the close of registration before an election the Commission determines from Government records whether a registered voter cannot vote because of death, disqualification, loss of citizenship, or other cause. The Commission inquires into the record's validity, giving the person concerned notice and a fair opportunity to be heard. If following inquiry the Commission finds that its initial determination is correct, it strikes the name of the person from the registry and relevant list. The Commission keeps a record of information acquired pursuant to this section and makes the information available to an official whose duty is to determine voting qualifications.

 

                     Section 3.1206. Place of Registration. The Commission designates a place within a district for the registration of [voters]. Any person residing outside the State, who is eligible to vote, may register by mail or may be registered by a person designated by the Commission.

Background

Amended by State Law 4-119 and 6-183.

Section 3.1207. District of Registration.

(1) A person residing within the State registers to vote in the district in which he resides.

(2) A person residing outside the State registers to vote in the district in the State in which he most recently resided for ninety consecutive days.

(3) If a person resides in more than one district, he may choose his district of registration, but may register to vote in only one district.

(4) If the Commission errs in placing the name of a voter on a list of a district in which he does not actually reside, the voter may vote where listed, if otherwise qualified. A supervisor notifies the Commission of the error for correction of the list.

Background

Amended by State Law 4-119.

Section 3.1208. Re-registration.

(1) Registration of a voter is sufficient for a future election, except in case of a change of name or residence or intervening disqualification.

(2) A person who is registered in the State re-registers only if he seeks to vote in a district other than that in which he originally registered.

(3) A voter who changes his residence from one district to another registers again in the register for the applicable district or the proper name. The Commission cancels the former registration by drawing a line through the name of the voter as previously registered, followed by the signature of a Commission member and the date of cancellation in ink. A re-registration pursuant to this section may not occur within ninety days preceding an election.

(4) Upon destruction or loss of registration records the Commissioner may require the re-registration of voters.

 

 

Chapter 13.  Candidates

 

Section 3.1301. Nomination.

(1) A candidate's name appears on a ballot only if the Commission receives a petition nominating the candidate thirty-five days before an election. A non-refundable twenty five dollar fee accompanies the petition.

(2) A nomination petition expressly nominates a qualified candidate for an office, and bears the signatures of no fewer than twenty-five qualified voters who are residents of the area to which the office applies.

(3) The Commission promptly determines the qualification of a nominee. If it initially determines that a nominee is not qualified, it gives the nominee written notice of the reasons for the determination and an opportunity to present evidence supporting qualification before the Commission makes a final finding regarding qualification.

(4) Within forty-eight hours of the close of nominations the Commission issues a certified list of candidates for an office.

Background

Amended by State Law 6-157.

Section 3.1302. Withdrawal.

(1) A candidate may withdraw following nomination by giving written notice to the Commission. If a candidate withdraws or dies after the printing of a ballot, the Commission strikes his name from the ballot, giving general public notice and posting notice at a polling place before the opening of the place on election day.

(2) If a candidate withdraws his nomination later than thirty-two days before an election, the preparation of the ballot has begun, and the withdrawal necessitates a reprinting of the ballots or a striking out of a candidate's name, the withdrawing candidate reimburses the Commission for the cost of reprinting or striking within sixty days after withdrawal, except for a withdrawal necessitated for medical cause certified by a physician.

 

Chapter 14.  The Ballot

 

Section 3.1401. Ballot content.

(1) An election is by ballot prepared by the Commission.

(2) A ballot lists in a vertical column in alphabetical order by first name the names of all qualified candidates for a contested office or group of offices.

(3) The Commission approves by signature of its chairman, and preserves the master ballot from which it prints ballots.

(4) A ballot, except in a run-off election, provides a space for a write-in vote for each office on the ballot.

Section 3.1402. Specimen ballot.

(1) Ten days before an election the Commission prepares a specimen ballot, plainly marked as such, giving a copy to each candidate and posting a copy in a conspicuous public place in a district.

(2) The Commission posts two copies of a relevant specimen ballot on either side of the entrance of a polling place in plain public view.

Section 3.1403. Packaging, sealing, record of distribution.

(1)  When printed, the Commission fastens ballots in blocks of one hundred for ready detachment and removal of individual ballots.

(2) The Commission provides blocks of ballots in sealed packages to a supervisor upon the opening of a polling place.

(3) The Commission keeps a record of the number of ballots provided to a supervisor.

 

Chapter 15.  Polling Place and Voting

 

Section 3.1501. Polling place. The Commission designates at least one polling place in a district by posting notice at the place at least fifteen days before an election.

Section 3.1502. Supervisor; assistance.

(1) The Commission assigns a supervisor to a polling place.

(2) In addition to other duties assigned by the Commission, a supervisor:

(a) hears and renders a preliminary ruling on a complaint concerning election procedure at the polling place;

(b) rules on a question of voter eligibility, subject to Commission review;

(c) hears, rules upon and disposes of a complaint regarding election procedure or alleged irregularity in a manner which will least disrupt the electoral process, while preserving the right of a voter or candidate to the greatest extent possible;

(d) ensures that Commission personnel and others comply with provisions for the security and handling of ballot boxes; and

(e) reports misconduct in the handling of a ballot or ballot box to the Commission.

(3) An election official at a polling place follows the directions of the supervisor. A police officer enforces the supervisor's decisions and instructions to ensure that the election occurs lawfully. 

(4) An election official or other person reports to the Commission apparent misconduct, abuse of authority, or error in the exercise of authority by the supervisor.

(5) A Commission member not assigned as a supervisor relieves a supervisor or performs other duties which the Commission may assign. While acting in relief of a supervisor, a relieving member has the powers and duties of a supervisor.

(6) The supervisor has a true and complete list of persons qualified to vote in the election as a whole and in the district where the polling place is situated. Only an eligible voter may receive a ballot.

Section 3.1503. Equipping and supplying polling place. The Commission provides a polling place with necessary ballots, ballot boxes, locks, cards of instruction, pens for marking the ballot, registered voter lists, papers, and all other necessary supplies.

Section 3.1504. Time of election.  A polling place is open on an election day from seven a.m. to five p.m.  If a voter is within the confines of a polling place or in a line at the door of a polling place at five p.m. and has not voted, the polling place remains open for that voter to cast a ballot.

Section 3.1505. Opening and closing of polling place.

(1) At exactly seven a.m. of the day of the election, a supervisor of a polling place proclaims aloud that the poll is open.

(2) Immediately before a polling place opens for voting the supervisor opens and inspects a ballot box assigned to the polling place in plain public view to ensure that the ballot box is empty, intact, and secure. Upon completion of inspection the supervisor locks the ballot box. The supervisor has only one key to a box at the polling place. By regulation the Commission provides a system for safeguarding the security of a box and the proper use of a key to a ballot box lock.

(3) If all persons appearing on a registered voter's list for a polling place have voted before five p.m., the supervisor closes the polling place.

Section 3.1506. Review of register. A person appearing to vote at a polling place reports his name in full and his address to an election official who clearly and audibly announces them. Another election official reviews the register and list of voters to determine whether the person is a registered voter, and, if so, announces the name and address appearing in the register. A person may then challenge the voter's right to vote. The voter may vote in accordance with Commission regulation allowing for ballot security and an ultimate resolution of the challenge.

Section 3.1507. Observer. A candidate may have two observers at a polling place where his name appears on the ballot.

Section 3.1508. Secret ballot.

(1) The Commission provides safeguards to ensure secrecy in voting.

(2) The supervisor instructs the voter to fold and deposit the marked ballot in a locked ballot box at the polling place.

(3) An election official may not touch a ballot being cast or deposited in a ballot box.

(4) By regulation the Commissioner provides for the segregation of a spoiled ballot without inspection. A voter returning a spoiled ballot receives a new ballot. Except for instructing a voter pursuant to Commission regulation an election official, a government employee or other person may not converse with a person marking or casting his ballot.

 

Section 3.1509. Write-in candidate. Except in a run-off election, a voter may vote for a person whose name does not appear on the ballot by writing the name of the person in a space provided on the ballot for a write-in vote. If the Commission has a reasonable doubt concerning the identity of the person voted for by a write-in vote, it declares only that portion of the ballot void. If upon tabulation of ballots cast a write-in candidate receives a percentage of the vote which entitles the candidate to an office or to a run-off election, the Commission reviews the candidate's qualifications. If found qualified, the candidate pays the Commission a twenty-five dollar fee. Upon payment of the fee the Commission certifies the results and proceeds as if nomination of the candidate had occurred pursuant to Section 3.1301.  If it finds the candidate not qualified, or if the candidate does not pay the filing fee in a timely manner as directed by the Commission, the Commission disregards the candidate's votes and determines the election among all other candidates for the office.

 

Chapter 16. Absentee Voting

 

Section 3.1601. Ballot.

(1) An absentee ballot is an official ballot for casting outside of a polling place.

(2) A registered voter may vote by absentee ballot if he will not be able to cast a vote at a polling place because of:

(a) confinement to home or hospital in the State by reason of an illness or physical disability; or

(b) absence from the State.

Section 3.1602. Regulation.

(1) By regulation the Commission prescribes procedures for absentee voting.

(2) By regulation the Commission may provide for distribution and collection of ballots by a designated person in a community outside the State where a large number of voters resides.

 

Section 3.1603. Request for ballot.

(1) A registered voter qualified to vote in an election may personally request by any means, and cast, an absentee ballot with the Commission. The Commission maintains a record of a request. The request includes information stating the voter's district, reason for using the absentee ballot, address to which he wishes his ballot forwarded and the establishment of his right to a ballot.

(2) The period of time allowed by the Commission provides for notice of the election, a request for a ballot, and return of an executed ballot.

(3) The burden is on the voter to request an absentee ballot in advance of need.

Section 3.1604. Marking and return of ballot. At least thirty days before an election, the Commission mails to a requesting person entitled to vote by absentee ballot an official ballot with voting instructions, a ballot envelope, an affidavit and a covering reply envelope. The absentee voter marks the ballot, depositing the ballot in the ballot envelope and securely sealing the envelope. The absentee voter then completes and executes the affidavit. He encloses the ballot envelope and the affidavit and seals them in the covering reply envelope, mailing or delivering it to the Commission not later than five p.m. on the day of the election.

Section 3.1605. Disposition of ballot.

(1) Upon receipt of an envelope marked "absentee ballot enclosed" within the period allowed by Section 3.1604, the Commission opens it, removes the ballot envelope, and examines the statement as to its proper execution and the person's qualifications to vote. If the Commission determines that the person is qualified to vote by absentee ballot, it deposits the ballot envelope unopened in a container reserved for the purpose. The container has only one opening sufficient to permit the deposit of ballot envelopes and bears the name of the Commission, and a warning that only the Commission may open it pursuant to law. The Commission safely keeps each container at a central location until it extracts and segregates the ballot envelopes and tabulates votes pursuant to law.

(2) If the Commission finds the voter's statement insufficient or that signatures do not correspond, that the voter has not complied with the requirements of Section 3.1604 or is not a qualified voter, or that the ballot envelope shows signs of unlawful tampering, the Commission does not open the ballot envelope, marking across its face "rejected", giving the reason for rejection, and preserving it.

(3) If the Commission receives a ballot after the time provided in Section 3.1604, it endorses the ballot envelope with the day and hour of receipt and keeps it safely unopened for the period of time required for the preservation of ballots, and then, without opening it, destroys it pursuant to law.

(4) If upon receiving a ballot envelope the Commission finds that a voter has already voted, it immediately cancels the ballot envelope and writes "rejected" across its face, giving the reason for rejection and preserving It pursuant to law.

(5) The Commission segregates an absentee ballot from an affidavit before tabulation to protect the secrecy of the voting process.

 

Chapter 17.  Petition Process

 

 

Section 3.1701. Petition. A person aggrieved by a ruling of a supervisor, or seeking review of a complaint not ruled upon, submits to the Commission a written petition, setting forth all relevant facts and the desired remedial action.

Section 3.1702. Commission action. The Commission:

(1) reviews and takes appropriate action on a petition;

(2) conducts the review and acts on a petition in a timely manner, reasonably calculated to protect the rights of all parties;

(3) affords all parties with a direct legal interest in the petition's subject matter an opportunity to be heard, to present evidence, and to challenge evidence offered to the Commission relating directly to the legal interests of the parties, and the right to confront witnesses;

(4) considers all evidence before rendering a preliminary or final ruling on a matter;

(5) bases its decision on the legal rights of the parties and the public's interest in fair and lawful elections;

(6) makes a preliminary ruling only when a party with a direct legal interest in the matter makes a convincing and compelling showing that a final ruling would be unjust until the Commission considers additional evidence which is unavailable at the time, reserving certification of the affected election and setting a date for review of the additional evidence;

(7) sets forth in its final decision findings of fact in relation to the petition and the Commission's order of remedial action, if any, based on the findings.

Section 3.1703. Recount.

(1) A candidate in an election who believes that there was fraud or error in the casting, return or tabulation of votes cast may file a petition for recount with the Commission within two weeks following an election, unless circumstances beyond the control of the petitioner prevent a timely filing. The petition contains a sworn statement that the petitioner has reason to believe Commission records are erroneous, showing the nature of the error, and that he believes that a recount of the ballots cast in the relevant area would entitle him to election. The Commission acts on the petition promptly.

(2) If the Commission of its own initiative finds that there is a substantial question of fraud or error and that there is a substantial possibility that a recount would affect the outcome of an election, it gives public notice of a recount and proceeds to recount ballots within ten days.

 

 

Chapter 18.  Tabulation of Ballots

 

Section 3.1801. Collection of boxes. When voting is complete and the supervisor has closed a polling place he promptly delivers a ballot box to the Commission at a central location designated by the Commission. The supervisor delivers to the Commission all unused ballots, documents and information or materials related to the conducting of the election, ensuring that misuse of an unused ballot does not occur.

Section 3.1802. Opening of boxes. Only the Commission may open a ballot box or a sealed container of absentee ballots. The Commission opens a ballot box or container in a public place where the Commission has assembled to tabulate ballots. The Commission publicly announces the time and place of the opening of ballot boxes and the tabulation of votes.  Subject to reasonable Commission regulation an interested person may observe the proceedings. The Commission tabulates ballots.

Section 3.1803. Ruling.

(1) The Commission rules on the acceptability of an individual ballot. The Commission preserves in its records a rejected ballot which is available for inspection by the public while counting is taking place.

(2) The Commission places a notation on a ballot that it is a rejected ballot because of defacement or other irregularity.

Section 3.1804. Rules of exclusion.

(1) The Commission does not reject a ballot for a technical error which does not render it impossible to determine the voter's choice, even though the ballot is soiled or partially defaced.

(2) Two or more markings in one voting square or a mark made partly within and partly without a voting square or space do not render a ballot void.

(3) If the voter imperfectly marked a ballot so that the Commission finds it impossible to determine the voter's choice for an office, the Commission rejects that portion of the ballot.  The Commission counts a portion of the ballot properly marked.

 

Chapter 19. Election Results

 

Section 3.1901. Results. Upon completion of the tabulation of ballots, the Commission records the result of the balloting in a district in a writing signed by the Chairman. Within twenty-four hours the Commission convenes to examine the election results and review all matters regarding the conduct of the election. If the Commission determines that the conduct of the election was lawful, it certifies the results and declares the prevailing candidate for a contested office no later than thirty days following an election.

Section 3.1902. Tied votes.

(1) If two or more candidates have an equal number of votes for an office, the Commission calls a special election in which the ballot includes the names of only those candidates.

(2) If a certified result requires a run-off election, the Commission announces the date of the run-off within forty-eight hours of certification.

 

 

Chapter 20.  Special Elections

 

Section 3.2001.  Call of special election.

(1)  The Governor shall call for a special election pursuant to this Chapter upon:

(a)  The Speaker’s certification that a special election is needed to fill a vacancy in the Legislature pursuant to the Kosrae State Constitution, Article IV, Section 5;

(b)  The Commission’s certification that a special election is needed to determine the winner of an election for Governor or Lieutenant Governor pursuant to the Kosrae State Constitution, Article V, Section 2;

(c)  The filing of a valid recall petition pursuant to the Kosrae State Constitution, Article VII, Section 1; or

(d)  The filing of a valid petition for a constitutional amendment by popular initiative, the presentation of constitutional amendments proposed as the result of a constitutional convention, or the passage of a Legislative resolution proposing a constitutional amendment or constitutional convention pursuant to the Kosrae State Constitution, Article XV.

(2)  The Governor shall issue the call for a special election and transmit it to the Commission within 30 days of the event requiring a special election under Subsection 1.

(3)  In his call, the Governor shall specify the date of the special election, which must be held within 60 days after he issues the call for the special election under Subsection (2), except that, in order of precedence:

(a)  If the Kosrae State Constitution restricts the timing of a special election, the Governor shall comply with those restrictions;

(b)  If the Legislative resolution under Subsection (1), Paragraph (d), specifies a date for the special election, the Governor shall schedule the election for that date; or

(c)  If any other national or state election is scheduled to be held within one year from the event requiring a special election under Subsection (1), the Governor may schedule the special election to coincide with the other election to minimize expenses.

Background

Added by State Law 7-133.

 

Section 3.2002.  Special election costs.  Upon receiving a call for a special election, the Commission shall estimate the total costs of the special election, including any educational program expenses under Section 3.2003, and shall transmit to the Legislature a request to appropriate the funds necessary to hold the election.

Background

Added by State Law 7-133.

 

Section 3.2003.  Proposed constitutional amendments.  When a proposed amendment to the Kosrae State Constitution is presented to the voters, the Commission shall do the following.

(1)  The Commission shall prepare the text of the proposed constitutional amendment in the English and Kosraean languages.  The Commission shall submit the texts to the office of the Attorney General for review of their accuracy.  Once approved by the Attorney General, the Commission shall distribute both the English and Kosraean language versions to the public.

(2)  The Commission shall prepare a program to educate the voters on the issues presented by the proposed amendment.  Materials prepared by the Commission must be accurate, unbiased and fairly present all sides of the issues.  The Commission shall submit all education materials to the Office of the Attorney General for review.  No material may be released to the public until the Attorney General has reviewed and approved the material.

Background

Added by State Law 7-133.

 

Section 3.2004.  Special election process.  Except where specifically provided otherwise, a special election must be conducted in the same manner as provided for elections generally in this Title.

Background

Added by State Law 7-133.