DRAFT CSC, Title 13. Elections | ||
CHAPTER 7
Tabulation
§ 1601. Delivery of ballots to election center.
§ 1602. Vote tabulating device; Mode of tallying.
§ 1603. Tabulating at precincts.
§ 1604. Imperfectly marked ballots not void.
§ 1605. Defective ballots.
§ 1606. Ballots not rejected for technical error.
§ 1607. Only invalid portions rejected.
§ 1608. Write-in votes.
§ 1609. Unauthorized marks on ballot.
§ 1610. Adding to or withdrawal of ballots from box.
§ 1611. Adding ballots during counting.
§ 1612. Taking or destroying ballots.
§ 1613. Interference with Board, Commission or voters.
§ 1614. Removing or defacing results posted.
§ 1615. Sealing counted ballots.
§ 1616. Certification of election.
§ 1617. Tabulation and publication of election results.
§ 1618. Returns open to public inspection.
§ 1619. Election center opens until tabulation complete.
§ 1620. Certificates of election.
§ 1621. Review of ballots.
§ 1622. Entry of results on record.
§ 1623. Preservation of ballots.
§ 1601. Delivery of ballots to election
center.
The ballots with the roster
and all endorsements and rejected ballots shall be placed in a box with
the precinct clearly shown thereon and delivered to the election center
for tabulation and publication.
Source: CSL 3-95-26, § 100.
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.
§ 1602. Vote tabulating device; Mode of
tallying.
The Commission may appoint
such persons as may be necessary for the manual tabulation of ballots
and/or for the operation of the vote tabulating device and to keep watch
on such tabulation for any possible illegal vote or any error or omission
on the part of the persons tabulating the ballots or operating the vote
tabulating device.
Source: CSL 3-95-26, § 101.
§ 1603. Tabulating at precincts.
Notwithstanding any other provision of law, the Chuuk State Election Commission may authorize ballots to be tabulated at the precincts by the precinct boards and require results thereof to
be reported to the Election Center in person or by any reliable means of
communication available.
Source: CSL 3-95-26, § 102, modified.
§ 1604. Imperfectly marked ballots not
void.
At any election, any ballot which is not marked as provided by law shall be void, but the ballot shall be preserved. Two
Source: CSL 3-95-26, § 103.
§ 1605. Defective ballots.
If a ballot is torn, bent,
mutilated or otherwise defective so that it cannot be so tabulated by vote
tabulating machine, the Commission may cause a duplicate to be punched,
slotted or otherwise marked in the presence of witnesses. Both the
new ballot and the defective ballot shall be marked with a serial number
and the new ballot shall bear the words "duplicate -- serial number
______________". The ballot shall be counted.
Source: CSL 3-95-26, § 104.
§ 1606. Ballot not rejected for technical
error.
At any election a ballot shall not be
rejected for any technical error, which does not render it impossible to
determine the voter's choice, even though the ballot is somewhat spoiled
or defected.
Source: CSL 3-95-26, § 105.
§ 1607. Only invalid portions rejected.
If a voter indicates
either:
Source: CSL 3-95-26, § 106, modified.
§ 1608. Write-in votes.
Write-in voting or voting for
an independent candidate is prohibited in all state elections in
Chuuk.
Source: CSL 3-95-26, § 107.
§ 1609. Unauthorized marks on ballot.
No mark upon a ballot, which is unauthorized by this
Source: CSL 3-95-26, § 108.
§ 1610. Adding to or withdrawal of ballots from
box.
Every person who changes any ballot after it has been deposited in the ballot box, or adds, or subtracts or attempts to add or subtract any ballot to or from those legally polled at any election, by fraudulent introduction into or withdrawal form a box of ballots either before or after the ballots have been counted shall be guilty of a felony and upon conviction thereof, shall be imprisoned for not less than one
Source: CSL 3-95-26, § 109.
§ 1611. Adding ballots during counting.
Every person who adds to, or mixes with or attempts to add to or mix with, the ballots lawfully polled, any other ballots with intent to change the result of an election shall be guilty of a felony and upon conviction thereof, shall be imprisoned for not less than one
Source: CSL 3-95-26, § 110.
§ 1612. Taking or destroying ballots.
Every person who knowingly
carries away or destroys, or attempts to carry away or destroy, any poll
list or ballot, or ballot box for the purpose of preventing, affecting the
result of or invalidating any election, or who willfully obtains,
mutilates, or destroys any election return, shall be guilty of a felony
and upon conviction thereof, shall be imprisoned for not less than one
year or fined not less than $1,000.00, or both.
Source: CSL 3-95-26, § 111.
§ 1613. Interference with Board, Commission or
voters.
Every person who in any manner so willfully interferes with the Commission or the precinct board or any members thereof, in holding an election or conducting a canvass, or with the voters lawfully exercising their right of voting at an election, including implying, telling, or forcing a voter to vote openly, as to prevent or attempt to prevent the election or canvas form being fairly held and lawfully conducted, shall be guilty of a felony and upon conviction thereof, shall be imprisoned for not less than one
Source: CSL 3-95-26, § 112.
§ 1614. Removing or defacing results
posted.
Every person who without authorization removes or defaces any posted copy of the result of votes cast shall be guilty of a misdemeanor and upon conviction thereof, shall be imprisoned for not more than six
Source: CSL 3-95-26, § 113.
§ 1615. Sealing counted ballots.
As soon as the names marked on the ballots validly voted are tabulated, such ballots shall not thereafter be examined by any person, except upon a recount as provide in this
Source: CSL 3-95-26, § 114.
§ 1616. Certification of election.
As soon as all the votes for
such precinct are counted and the ballots sealed, the Election Commission
shall certify the results of the election in that precinct. The
final certification shall be signed by a majority of the
Commission.
Source: CSL 3-95-26, § 115.
§ 1617. Tabulation and publication of election
results.
Once the Commission begins the
vote tabulation for a region the Commission shall tabulate the votes for
all available precincts of such region before beginning the vote
tabulation for another region. Upon tabulating of each of the
precinct votes, the Commission shall tabulate or cause to be tabulated the
cumulative results, including the total of election results for each
nominee, and make these results known to the public.
Source: CSL 3-95-26, § 116.
§ 1618. Returns open to public inspection.
Immediately upon completion of the
tabulation by the Commission of all of the ballots from all of the
precincts, the overall election results shall be printed, disseminated,
and opened for public inspection.
Source: CSL 3-95-26, § 117.
§ 1619. Election center opens until tabulation
completed.
The Commission shall, on the
day of the closing of the polls, keep the election return center open for
the tabulating of election results, until each and every ballot has been
tabulated and the results thereof made public. Election results in
the outer islands shall be relayed by radio, or any other available
communication means, to the election return center and may, after the
ballot boxes are received at the election return center, be counted as the
Commission deems necessary.
Source: CSL 3-95-26, § 118.
§ 1620. Certificates of election.
Immediately after
declaring the results
of any election, the Commission shall make or cause to be made . certificates
of election. for every person elected to office. The form
of such certificates shall be prescribed in the Election Manual. The
Commission shall cause to be placed in the hands of the elected person
the original of such certificate which shall constitute evidence of that
person. s right of office.
Source: CSL 3-95-26, §119.
§ 1621. Review of ballots.
The Commission shall not
review any ballots already tabulated, and certified except as permitted on
a recount which shall be conducted by the Commission only upon the order
of a court of competent jurisdiction.
Source: CSL 3-95-26, § 120.
§ 1622. Entry of results on record.
Immediately upon completion of
the tabulation of all ballots, the Commission shall enter on its record a
statement of the result, which shall show:
Source: CSL 3-95-26, § 121, modified.
§ 1623. Preservation of ballots.
The Commission shall be responsible for the preservation of all the ballots cast and all rosters and certificates delivered to it by the precinct boards for a period of two
Source: CSL 3-95-26, § 122.
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