DRAFT CSC, Title 13.  Elections
 
CHAPTER 6
Election Day Procedures

1501.  Cessation of campaigning.
1502.  Bribery at election.
1503.  Destruction or removal of facilities.
1504.  Posting instruction cards.
1505.  Posting registration list.
1506.  Time for opening and closing polls.
1507.  Liquor sales at polling place or precinct prohibited.
1508.  Persons permitted within barricade.
1509.  Exhibiting ballot box.
1510.  Absence of precinct officers.
1511.  Residence defined.
1512.  Voting prohibited when residence abandoned; When residence retained.
1513.  Leave of absence from employment to vote.
1514.  Woman voter's change of name.
1515.  Delivery of ballot by election officer only.
1516.  Only one (1) person  in booth.
1517.  Indicating vote.
1518.  Two (2) or more candidates to be elected.
1519.  Identifying marks prohibited.
1520.  Revealing ballot prohibited.
1521.  Delivery of other than received ballot prohibited.
1522.  Two (2) or more ballots deposited; Felony.
1523.  Assistance in voting.
1524.  Spoiled ballot.
1525.  Cancellation of ballot received but not voted.
1526.  Accounting for ballots.
1527.  Prohibited act by officers.
1528.  Closing polls.
1529.  Late arrivals rejected.
1530.  Defacement of unused and spoiled ballots.
1531.  Destruction of unused ballots.
1532.  Conditions upon the right to vote.
1533.  Applicant outside the State of Chuuk.
1534.  Personal delivery of ballot.
1535.  Furnishing of envelopes and affidavit with ballot.
1536.  Marking ballot.
1537.  Officers before whom voter may appear.
1538.  Mailing or delivering ballot.
1539.  Ballots rejected by the Commission.
1540.  Checking absentee ballots.
1541.  Causes for rejecting ballots.
1542.  Rejected ballots.
1543.  Refusal or neglect to return ballot; Penalty.
1544.  Voting at another polling place.
1545.  Two (2) ballots in one (1) envelope.
1546.  Rejected illegal ballots.

      1501.  Cessation of campaigning.
     All campaigning for the purposes of election shall cease before the time the polls open and shall remain inactive during the period that the polls are open.  For the purposes of this Section, the term . Campaigning. shall include but not be limited to any newspaper or broadcast advertisements appearing on election day, the distribution of campaigning literature and to the display of any campaign material, signs, posters or the like within the visual panorama of any election poll.

Source:  CSL 3-95-26, 52.

Cross-reference: The constitutional provisions on suffrage and elections are found in Article XII of the Chuuk State Constitution which reads as follows:

Article XII
SUFFRAGE AND ELECTIONS

Section 1.  A general election shall be held every 2 years on the first Tuesday following the first Monday in March. If the general election date for the Congress of the Federated States of Micronesia is changed from March, or reasons such as natural disaster preclude the holding of an election on the date set, the election shall be held as prescribed by statute.
Section 2.  A citizen of the Federated States of Micronesia who is a resident of the State of Chuuk and has attained the age of 18 may vote in the State. Voting shall be secret.
Section 3.  The Legislature shall prescribe by statute a minimum period of voter residency; disqualifications for conviction of crime, mental incompetence, or insanity; and for the protection of voting in the State of Chuuk. Except as so provided, no resident entitled to vote may be denied the privilege to vote or be interfered with in voting.
Section 4.  There shall be an independent Election Commission vested with powers, duties, and responsibilities, as prescribed by statute, for the administration of elections in the State of Chuuk, including voter registration and the conduct and certification of elections.

      1502.  Bribery at election.
     A person shall not directly or indirectly, by himself or through any other person advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that it, or any part thereof, shall be used in bribery at any election; or knowingly pay or cause to be paid, any money or other valuable thing to any person in discharge or payment of any money, wholly or in part, expended in bribery at any election.

Source:  CSL 3-95-26, 53.

      1503.  Destruction or removal of facilities.
     No person shall, during an election, remove or destroy any of the supplies or other conveniences placed in the voting booths or on the tables for the purpose of enabling the voter to prepare his ballot.

Source:  CSL 3-95-26, 56.

      1504.  Posting instruction cards.
     On the day of election the precinct board shall post at least one (1) instruction card in each booth or table provided for the preparation of the ballots, and at other places in and about the polling place within easy access to the voters.  Such instructions shall be printed in both the English and Chuukese languages.

Source:  CSL 3-95-26, 57.

      1505.  Posting registration list.
     Before opening the polls the precinct board shall post in a conspicuous place, at or near the polling place and of easy access to the voters at least one copy of the registration list furnished for that polling place.

Source:  CSL 3-95-26, 58, modified.

      1506.  Time for opening and closing polls.
      The polls shall be opened at 7 o'clock a.m., on the day of an election and shall be kept open until 5 o'clock p.m., of the same day, at which time the polls shall be closed except as provided in this Act Title ; and provided that after the precinct board has ascertained that every person on the general register of voters for that particular polling place has voted or given every opportunity to vote, that polling place may be closed even before 5 o'clock p.m.

Source:  CSL 3-95-26, 59, modified.

      1507.  Liquor sales at polling place or precinct prohibited.
     A polling place shall not be a place where any alcoholic beverage is sold or dispensed, and no person shall sell or dispense alcoholic beverage at a polling place.

Source:  CSL 3-95-26, 60.

Cross-reference:  The statutory provisions on Alcoholic Beverage Control are found in Title 15 of this Code.

      1508.  Persons permitted within barricade.
     Except for voters engaged in receiving, preparing or depositing their ballots, only the precinct board and any other persons authorized by law, shall be permitted to be within the barricade before the closing of the polls.  A candidate may at his own discretion and expense have one poll watcher at each polling place but such poll watcher shall not be permitted within this barricade or room enclosing the area where votes are cast.

Source:  CSL 3-95-26, 61.

      1509.  Exhibiting ballot box.
     Before receiving any ballots the precinct shall, in the presence of any voters assembled at the polling place, open and exhibit and close the ballot box. Thereafter the ballot box shall not be removed from the polling place or from the presence of the voters until all the ballot boxes are sealed.  All ballots shall be accounted for before the ballot boxes are sealed.

Source:  CSL 3-95-26, 62.

      1510.  Absence of precinct officers.
     Not more than two (2) members of any precinct board shall be absent from the polling place at any one time.

Source:  CSL 3-95-26, 63.

      1511.  Residence defined.
     For purposes of this Act Title, the residence of a person is that place in which he intends to and does maintain his permanent abode and has not taken any legal or political action to contradict such residency, although he may be actually residing at a place other than his residence.  Any change of residency shall not take effect unless such change has been approved by resolutions of the municipal councils of both the original and intended residences at least one year prior to the next election in the intended residence.

Source:  CSL 3-95-26, 64.

      1512.  Voting prohibited when residence abandoned; When residence retained.

     (a) (1)  Any elector, who has abandoned his residency in Chuuk or who votes in an election of another jurisdiction, shall not vote in an election of Chuuk State.  Likewise, any person who falsifies information in order to be registered to vote in Chuuk shall not vote in an election of Chuuk State.  Any person who violates this Section shall upon conviction be imprisoned for not more than 3 months, fined not more than $500.00, or both.

     (b) (2)  Any person who has not voted in Chuuk State's elections but has been voting in another or other states or jurisdiction's elections for five 5 years or more is presumed to have abandoned his residence and the right to vote in Chuuk State's elections.  However, this presumption shall  not apply to any qualified voter who is:

     (1) (a)  in attendance at an institution of learning;

     (2) (b)  engaged in navigation;

     (3) (c)  serving in the armed forces or the merchant marines, or the foreign diplomatic service;

     (4) (d)  receiving treatment at a medical institution; or

     (5) (e)  accompanying a spouse who is engaged in any activity listed above.

Source:  CSL 3-95-26, 65, modified.

      1513.  Leave of absence from employment to vote.
     Every voter shall, on the day of every election at which he is entitled to vote, be entitled, to absent himself from any service or employment, public or private, in which he is then engaged for two (2) consecutive hours between the time of opening and the time of closing the polls.  The voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence, from his usual salary or wages.

Source:  CSL 3-95-26, 66.

      1514.  Woman voter's change of name.
     In case the surname of any woman offering to vote has been changed by reason of marriage or divorce since she has registered, she shall report her name as it was before marriage or divorce and also her name as it is at the time she votes.  The precinct board shall thereupon make the necessary adjustment in the register, and permit her to vote.

Source:  CSL 3-95-26, 67.

      1515.  Delivery of ballot by election officer only.
     No person, other than a member of the precinct board, shall give or deliver any ballot to any voter.  There shall be only one ballot or set of ballots for each voter.

Source:  CSL 3-95-26, 68.

      1516.  Only one(1) person in booth.
     Booths shall not be occupied by more than one (1) person at a time.  Voters shall not remain in or occupy a booth longer than is necessary to prepare their ballots.

Source:  CSL 3-95-26, 69, modified.

      1517.  Indication vote.
     In voting, the voters shall place the appropriate mark in the voting square or space adjacent to the name of any nominee for whom he intends to vote.  A write-in vote is prohibited at all elections in the State of Chuuk.

Source:  CSL 3-95-26, 70.

      1518.  Two(2) or more candidates to be elected.
     Where two (2) or more candidates for the same office are to be elected, and the voter desires to vote for candidates for that office, he shall place his voting mark in the square or space adjacent to the names of all the candidates for that office for whom he desires to vote, not exceeding, however, the number of candidates who are to be elected.
 
Source:  CSL 3-95-26, 71, modified.

      1519.   Identifying marks prohibited.
     A voter shall not place any marks upon his ballot by which it may be afterwards identified as the one voted by him.  A ballot correctly marked and cast, however, shall be counted as a valid ballot.

Source:  CSL 3-95-26, 72.

      1520.  Revealing ballot prohibited.
     After his ballot is marked a voter shall not show it to any person in such way as to reveal its contents.  The marking of a ballot to indicate a choice shall be limited to the space or spaces provided or designated for marking the ballot.

Source:  CSL 3-95-26, 73.

      1521.  Delivery of other than received ballot prohibited.
     A voter shall not deliver to the precinct board, or to any of its members, or deposit in the ballot box any ballot other than the one he has received from the members authorized by law to furnish him with the ballot.  A person who violates this Section shall upon conviction thereof be imprisoned for not more than two 2 years or fined not more than $1,000.00, or both.

Source:  CSL 3-95-26, 74.

      1522.  Two(2) or more ballots deposited; Felony.
     Every person who knowingly deposits or attempts to deposit in any ballot box two (2) or more of the same ballots, shall be guilty of a felony and upon conviction, may be imprisoned for not more than two 2 years or fined not more than $1,000.00 or both.

Source:  CSL 3-95-26, 75.

      1523.  Assistance in voting.
     When it appears from the registers that a voter has declared under oath, when he registered:

     (a) (1)  That he cannot read or write; or

     (b) (2)  That by reason of physical disability he is unable to mark his ballot, or when a voter declares under oath, administered by any member of the board at the time he appears at the polling place to vote, that he is then unable to mark his ballot because of physical disability, he shall receive the assistance of not less than two (2) members of the precinct board.

Source:  CSL 3-95-26, 76, modified.

      1524.  Spoiled ballot.
     Any voter who spoils a ballot may return it to a member of the precinct board and receive another in its place, one at a time, not to exceed three (3) in all.

Source:  CSL 3-95-26, 77.

      1525.  Cancellation of ballot received but not voted.
     Every voter who does not vote the ballot delivered to him shall, before leaving the polling place, return it to the member of the precinct board having charge of the ballots who shall immediately cancel and return it in the same manner as spoiled ballots.

Source:  CSL 3-95-26, 78.

      1526.  Accounting for ballots.
     Every precinct board shall account for the ballots delivered to him by returning a sufficient number of official ballots cast and the number of spoiled ballots returned, the number of ballots charged.  The Commission upon receiving returned ballots shall require such an accounting.

Source:  CSL 3-95-26, 79.

      1527.  Prohibited act by officers.
     Any inspector, or clerk of a precinct board shall be guilty of a misdemeanor if he:

     (a) (1)  attempts to find out any name on the ballot;

     (b) (2)  except as otherwise authorized by this Act Title, examines, exhibits, or discloses the ballot of any voter;

     (c) (3)  makes or places any mark or device on any ballot to ascertain the name of any person for whom the voter has voted;

     (d) (4)  opens or permits to be opened the ballot box during the time of voting.

Source:  CSL 3-95-26, 80, modified.

      1528.  Closing polls.
     When the polls are closed, the precinct board shall proclaim that fact aloud at the place of election.  After the proclamation, no ballot shall be received. However, if at the hour of closing, there are any other voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote.

Source:  CSL 3-95-26, 81.

      1529.  Late arrivals rejected.
     Any one who arrives at the polling place after the time provided for closing the polls shall not be entitled to vote nor shall be entitled to join a line, if any, or others who had arrived and have been there before closing of the polls.

Source:  CSL 3-95-26, 82.

      1530.  Defacement of unused and spoiled ballots.
     Immediately upon the closing of the polls, and before any ballot is taken from any of the ballot boxes, the members of the precinct board shall, in the presence of all authorized persons in the polling place who may desire to observe them, proceed to deface every unused or spoiled ballot, by drawing across its face, in ink or indelible pencil, two (2) lines which shall cross each other, the cross to be more than three (3) inches square.  The members of the precinct board shall thereupon immediately and before any ballots are taken from any ballot box, place all defaced ballots within an envelope and seal the envelope.  A majority of the members of the precinct board shall immediately write their names across the sealed portion of the envelope.

Source:  CSL 3-95-26, 83.

      1531.  Destruction of unused ballots.
     On the day of an election, immediately upon the arrival of the hour when the polls are required by law to be closed, the Commission shall openly, at the place designated by it for the tabulation of ballots, in the presence of as many voters as may assemble to observe its act, proceed to destroy every unused ballot which remains in its control, and forthwith make and file its affidavit, in writing as to the number of ballots so destroyed.

Source:  CSL 3-95-26, 84.

      1532.  Conditions upon the right to vote.
     Any qualified voter of the State of Chuuk may as provided in this Act Title and subject to the conditions of this Section, vote at any election by absentee ballot if he will be prevented from personally going to the polls and voting on election day because of:

     (a) (1)  The conduct of his business or due to other necessary travel;

     (b) (2)  Illness or physical disability;

     (c) (3)  Service in the armed forces, or the merchant marine, or foreign diplomatic corps;

     (d) (4)  Employment in a foreign country or outside of Chuuk State;

     (e) (5)  Attendance at an institution of leaning; or

     (f) (6)  Accompanying a person who is engaged in any activity listed above.

Source:  CSL 3-95-26, 85, modified.

      1533.  Applicant outside the State of Chuuk.
      Whenever the Commission is requested to mail an absentee voter's ballot to an elector, and the address to which said ballot is to be mailed is a point outside the State of Chuuk, the Commission shall mail the absent voter's ballot to the elector by airmail.

Source:  CSL 3-95-26, 86.

      1534.  Personal delivery of ballot.
     The Commission shall deliver a ballot to any qualified elector applying in person at the office of said Commission; provided, however, that such applicant shall complete and subscribe the application heretofore prescribed by this Act Chapter; provided further, that said application shall be made not more than thirty (30) days nor less than one (1) day before the date of the election for which the vote is to be cast, and provided further, that said ballot shall be immediately marked, enclosed in the ballot envelope, placed in the return envelope with the proper affidavit enclosed, and immediately returned to the Commission.

Source:  CSL 3-95-26, 87, modified.

      1535.  Furnishing of envelopes and affidavit with ballot.
     It shall be the duty of the Commission to furnish the absentee voter with a blank ballot in an unmarked ballot envelope.  The Commission shall also furnish the absentee voter with a voter's affidavit and an unsealed return envelope, bearing upon its face the following: "Election Commission State of Chuuk, Weno, Chuuk State, FSM 96942".  On the reverse side of the return envelope shall be printed the voter's full name and of the municipality in which the absentee voter is a resident.

Source:  CSL 3-95-26, 88.

      1536.  Marking ballot.
     The voter, on receipt of said ballot, in the presence of the officer administering the oath and of no other person shall, mark such ballot or ballots, but in such manner that said officer would not know how said ballot is marked.

Source:  CSL 3-95-26, 89.

      1537.  Officers before whom voter may appear.
     At any time on or before the day of an election an absent voter may appear before the Commission, or any person appointed or designate by the Commission to assist any voter in Chuuk of he or she is incapacitated, or any notary public or any officer of the State of Chuuk or before any notary public of a country in which he may be at the time of receiving his ballot or any officer of an FSM embassy or consulate authorized to administer oaths, to mark his ballot.

Source:  CSL 3-95-26, 90.

      1538.  Mailing or delivering ballot.
     The sealed returned envelope containing the ballot may be delivered to the Commission at its main office at any time prior to the closing of the polls on election day.  If not so delivered, said envelope shall be mailed, postage pre-paid, directly to the Commission in sufficient time to reach the Commission prior to the closing of the polls on election day.

Source:  CSL 3-95-26, 91.

      1539.  Ballots rejected by the Commission.
     All ballots forwarded to absentee voters and not physically received by the Commission at its main office prior to the closing of the polls on election day shall be rejected.

Source:  CSL 3-95-26, 92.

      1540.  Checking absentee ballots.
      At any time after the closing of the polls on election day, the Commission shall cause to be publicly opened all absentee return envelopes, announce the absent or disabled voter's name, and compare the signature upon the application with the signature upon the affidavit.  In case the affidavit is found to be sufficiently executed, that the signatures correspond, that the applicant is a duly qualified elector of the precinct, that the applicant has not voted in person at such election, the ballot shall be tabulated with the ballots of the precinct in which the absentee voter has voted in accordance with his affidavit and/or application for ballot.

Source:  CSL 3-95-26, 93.

      1541.  Causes for rejecting ballots.
     In case the affidavit is found to be insufficient, the signature on the affidavit and the application do not correspond, the applicant is not a duly qualified elector in such precinct, the ballot envelope or return envelope is open or has been opened and resealed, the returned envelope contains more than one (1) ballot envelope with ballots enclosed, or that said voter has voted in person, such ballot shall not be accepted.

Source:  CSL 3-95-26, 94.

      1542.  Rejected ballots.
     Every ballot not accepted shall be endorsed on the back of the ballot envelope "REJECTED BECAUSE                                                       (giving reason therefore)".  All such rejected ballots shall be enclosed and securely sealed in an envelope on which shall be endorsed "DEFECTIVE BALLOTS," with a statement of the precinct in which, and the date of the election at which, the ballots were cast. Said envelope shall be signed by the Executive Director, or his duly appointed designee.

Source:  CSL 3-95-26, 95.

      1543.  Refusal or neglect to return ballot; Penalty.
     Any person who, having procured an official ballot, shall willfully neglect or refuse to cast or place it in the ballot box, whether marked or not, or return the same in the manner as provided in this Act Title, shall be guilty of a felony and upon conviction, shall be imprisoned for not more than two 2 years or fined not more than $1,000, or both.  Any person who applies for and receives an absentee voter's ballot and willfully neglects or refuses to return the same shall be deemed to have committed such offense in the State of Chuuk.

Source:  CSL 3-95-26, 96.

      1544.  Voting at another polling place.

     (a) (1)  Notwithstanding provisions of this Act Title to the contrary, a legally registered voter shall have the right to vote on election day at a polling place other than the polling place at which he is legally registered to vote, even a place outside his registered municipality, representative district, senatorial region, or congressional election district, or outside Chuuk State, if he notifies the Election Commission in writing on a prescribed form at least seven 7 days before the election day that he requests to vote at a specific polling or voting place.

     (b) (2)  Upon receipt of a voter's request, the Election Commission shall assign the polling place as requested and, not more than five 5 days before election day until the eve of election day, shall disseminate this information to the public by every available means of information, including the broadcast and radio, as to the place where the voter may vote.  Upon such notification, the voter shall be permitted to vote only at that polling place and shall be provided with the appropriate ballot or ballots as the case may be.

Source:  CSL 3-95-26, 97, modified.

      1545.  Two(2) ballots in one(1) envelope.
     If two (2) or more separate ballots are found to be contained in one (1) envelope, and if upon comparison of the count with the number of voters on the roster, it appears that two (2) ballots were cast by one (1) voter, the Commission shall reject both ballots.

Source:  CSL 3-95-26, 98.

      1546.  Rejected illegal ballots.
     A majority of those counting the ballots shall endorse upon all ballots rejected for illegality, the cause of rejection and sign the endorsement.

Source:  CSL 3-95-26, 99.