FSMC, TITLE 9.  NATIONAL ELECTIONS
 
 
Chapter 3:  Election Officials

301.     Appointment of National Election Officials.
302.     Powers and duties of National Election Director.
303.     Powers and duties of national election commissioners.
304.     Striking names of disqualified voters.
305.     [RESERVED]
306.     National Election Register.

      301.  Appointment of National Election Officials.

    (1)     The President shall appoint one National Election Director with the advice and consent of the Congress.  The National Election Director shall be a citizen of the Federated States of Micronesia.  The National Election Director shall serve until resignation, or until removed from office upon a determination by the President that such removal is deemed necessary.  An appointment of a successor shall then be made by the President with the advice and consent of the Congress.

    (2)     The National Election Director shall, after consultation with the Governor of the State concerned, appoint a national election commissioner for each of the four States.  National election commissioners serve for a term of four years, which term shall commence upon appointment, subject to removal by the National Election Director for good cause; provided that they shall be employed full-time and compensated pursuant to employment contracts during their four-year terms only for such period(s) of time as deemed necessary by the President of the FSM for the purpose of preparing for and administering an upcoming election.  National election commissioners shall not concurrently serve as State election commissioners; provided, however, that if any current national election commissioner is nominated to serve as a State election commissioner, he or she may continue to serve as national election commissioner until such time as a new appointment by the National Election Director becomes effective.  Each national election commissioner shall be a legal resident of the State for which he is appointed to serve as national election commissioner.

Source:  PL 2-73 301; amended by PL 7-122 1; PL 8-97 4; PL 11-62, 2.

      302.  Powers and duties of the National Election Director.
     The National Election Director shall have responsibility for the overall supervision and administration of all National elections, and shall perform such duties as are prescribed by law, which include, but are not limited to following:

    (1)     to supervise and direct the four national election commissioners in their administration of all national and special elections and in the performance of their duties pursuant to section 303 of this chapter;

    (2)     to approve the appointment by the four national election commissioners of all election board members and other election personnel or short term staff pursuant to section 303 of this chapter;

   (3)     to request such reports from election board or national election commissioners as may be required by law or regulation or as the National Election Director may deem necessary;

   (4)     to review all nomination petitions received by the four national election commissioners pursuant to section 303 of this chapter;

   (5)     to maintain a national election register;

   (6)     to review and investigate all voting and registration irregularities, and any other alleged violations of this title;

   (7)     to implement rules and regulations for the conduct of regular and absentee balloting in all national elections;

   (8)     to issue regulations not inconsistent with law to implement this title, in accordance with chapter 1 of title 17 of this code;

   (9)     to certify and declare the results of all national elections;

   (10)     to rule on petitions for recount and petitions alleging other election irregularities pursuant to chapter 9 of this title;

   (11)     to determine and prescribe forms of ballots, blanks, cards of instruction, pollbooks, tally sheets, and other materials required by the provisions of this title for use by candidates, boards, committees, and voters, and to supply the same to the national election commissioners and boards of election;

   (12)  to list all candidates for election on the ballot for each election district in alphabetical order by last name; and

   (13)  to be the allottee of election funds unless otherwise provided for in the act appropriating such funds.

Source:  PL 2-73 302; amended by PL 5-70 4; PL 8-97 5; PL 11-62, 3.

Cross-reference:  Chapter 1 of title 17 of this code is on Administrative Procedures.  Chapter 9 of this title is on Procedure for Recount and Appeals.

      303.  Powers and duties of national election commissioners.
     Each national election commissioner shall have responsibility for the overall supervision and administration of the election within his State and shall perform such duties as are prescribed by law, which include, but are not limited to the following:

    (1)     to appoint all members of the several boards of election in his or her State as provided for in this title;

    (2)     to require such reports from the several boards as may be required by law or regulation or as the national election commissioner may deem necessary;

    (3)     to establish voting precincts within each election district and designate appropriate polling places within each voting precinct, upon recommendations of the members of the board of election of the particular election district;

    (4)     to receive nomination petitions;

    (5)     to register or cause to be registered all the voters in his State and to maintain the General State Register as provided in this title;

    (6)     to prepare from the General State Register a registered voters list for each voting precinct prior to any election;

    (7)     to promulgate in accordance with chapter 1 of title 17 of this code local rules and regulations which are consistent with rules and regulations promulgated by the National Election Director pursuant to section 302 of this chapter;

    (9)     to assist the National Election Director in maintaining the national election register;

    (10)  to execute his responsibilities and perform his duties as lawfully directed and authorized by the National Election Director in accordance with the provisions of this title.

Source:  PL 2-73 303; amended by PL 8-97   6 and PL 11-62 4, modified.

Cross-reference:  Chapter 1 of title 17 of this code is on Administrative Procedures.

Case annotations:  Nat Election Commissioner has power to establish voting precincts and designate polling places upon recommendation of members of board of elections of the particular election district.  Aten v. National Election Commr (II), 6 FSM Intrm. 74, 76-77 (App. 1993).

      304.  Striking names of disqualified voters.

    (1)     The national election commissioner of each State shall ascertain, not less than six months before each election, from the Department of Public Health or any informing department, information of the death, adjudication of insanity or feeble-mindedness, loss of citizenship, or any other disqualification to vote of any person registered to vote in his State or who he has reason to believe may be registered to vote therein.  He shall thereupon make such investigation as he may deem necessary to prove or disprove such information, giving the person concerned, if available, notice and an opportunity to  be heard.  If after such investigation he finds that such person is dead, incompetent, has lost his citizenship, or is disqualified for any reason to vote, he shall strike or direct that the name of such person be stricken from the official registry.

    (2)     The national election commissioner of each State shall make and keep an index of all information furnished to him under any requirements of law concerning any of the matters mentioned in this section and shall provide any person authorized to receive affidavits on application for registration with any information the latter may need to ascertain whether or not any applicant is in any manner disqualified to vote.

    (3)     Any person whose name is stricken from the register of voters under this title may appeal in the manner provided by chapter 9 of this title.

Source:  PL 2-73 304; renumbered by PL 8-97 30.

Cross-reference:  Chapter 9 of this title is on Procedure for Recounts and Appeals.

      305.  [RESERVED]

      306.  National Election Register.
     The National Election Director shall maintain a national election register comprised of the General State Register from each of the four States as provided for in section 304 of this chapter.

Source:  PL 8-97 7, modified.
                                                                                                                                                                                                                                                                                                           
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