FSMC, TITLE 9.  NATIONAL ELECTIONS
 
 
Chapter 5:  Registration

501.     When required.
502.     Eligibility to register, place of registering and voting.
503.     Registration required.
504.     Application for registration Affidavit.
505.     Submission of affidavit of qualifications to examiner.
506.     Entry of a voters name in the General State Register Filing of
                affidavits.
507.     Change of residence.
508.     Exception to requirement.
509.     National Election Register.

      501.  When required.
     New registration of voters for election of Members of the Congress of the Federated States of Micronesia shall not be required; provided, that the following are complied with:

     (1)     that the General State Registers maintained heretofore by the four national election commissioners of Kosrae, Pohnpei, Chuuk, and Yap shall be used to determine registered voters for the purpose of election of Members-at-large therefrom; provided, that those voters from Kosrae and Yap, whose names appear on their respective registers, shall be entitled to also elect a Member of the Congress for a two-year term;

     (2)     that for the purpose of election of Members for two-year terms from Pohnpei and Chuuk, only those registered voters of a municipality which has been apportioned as part of a single-member congressional district shall be entitled to elect one Member therefrom;

     (3)     that unregistered persons eligible to vote, including those attaining legal voting age, shall be able to register; and

     (4)     registration conducted under subsection (3) of this section shall conform to sections 502 through 508 of this chapter.

Source: PL 2-73 501; amended by PL 5-70 5; PL 5-96 1; PL 8-97 10, modified.

      502.  Eligibility to register, place of registering and voting.

     (1)     Every citizen who has reached the age of 18 years, or who will have reached the age of 18 years on or before the date of the next election, and who has resided in the Federated States of Micronesia for nine months and in the congressional election district of registration three months preceding the date of registration, and who, except for the requirements of registration, is otherwise entitled to vote may register to vote in the State in which he resides.

     (2)     The national election commissioner of each State shall designate such place or places within each election district wherein registration of voters may be made.

     (3)     No person shall register to vote or vote as an elector of any other precinct than that in which he resides; provided, that where there is a mistake in placing the name of the voter on the list of voters of a precinct, in which he does not actually reside, such voter shall nevertheless be allowed to vote therein, if otherwise qualified; and the member of the board of election of the particular election district and precinct where such voter has voted shall notify the National election commissioner of the affected State of the error in order that the name of such voter may be placed on the next succeeding list of voters of the precinct where he actually resides.

     (4)     If any person resides in more than one precinct, he may choose which precinct as an elector of which he will register, but he shall register as an elector of one precinct only.

Source:  PL 2-73 502; amended by PL 8-97 11.

      503.  Registration required.
     No person shall be entitled to vote in any election for Members of the Congress of the Federated States of Micronesia, or to be listed upon any general register, or upon any precinct list, who fails to register with the formalities and subject to the restrictions and qualifications required by this title.

Source:  PL 2-73 503.

      504.  Application for registration Affidavit.
     Any person qualified to and desiring to register as a voter in any election district may present himself at any time during business hours to any of the members of the board of election (herein empowered and authorized to administer oaths and take acknowledgments) or persons authorized by law to administer oaths, then and there to be examined under oath as to his qualifications as an elector.  Each applicant shall make and subscribe to an application in substantially the following form:

AFFIDAVIT ON APPLICATION FOR REGISTRATION

Federated States of Micronesia

1.     My full name is                                                                     .

     2.     I was born at                                                                          .

     3.     My date of birth is                                                                 .

     4.     I live at                                                                                   .

     5.     I am a citizen of the Federated States of Micronesia.
 
     6.     I was naturalized as a citizen of the Federated States of Micronesia at                                                      State on the                    day of                                    in the year            .

     7.     I have resided in the Federated States of Micronesia not less than nine months, and in Congressional Election District No.                           in the State of                                          not less than three months immediately preceding this date on which I now offer to register to vote in that district, to wit, the                        date of                                            , 19           .

     8.     I am not currently under parole, probation, or sentence for any felony for which I have been convicted by any court of the Federated States of Micronesia or any court within the jurisdiction of the United States.

     9.     I am not currently under a judgment of mental incompetence or insanity.

     10.     I solemnly swear that the foregoing statements are true, so help me God . . . . . .

Subscribed and sworn to before me this                          day of                                                  , 19         .

This applicant shall strike out allegations that are inapplicable and shall sign or make a mark on and swear to the truth of the allegations in his application.  In any case where the person who administers the oath shall so desire or believe the same to be expedient, he may demand that the applicant produce a witness or witnesses to further substantiate the allegations of his application.

Source:  PL 2-73 504; amended by PL 5-70 6.

      505.  Submission of affidavit of qualifications to examiner.
     Every affidavit on application for registration shall be submitted to the persons authorized to examine the qualifications of electors as set forth in section 504 of this title.

Source:  PL 2-73 505.

      506.  Entry of a voters name in the General State Register Filing of affidavits.

     (1)     If the person authorized to receive an affidavit of application for registration is satisfied that the applicant is entitled to be registered as a voter, he shall number the affidavit consecutively as approved by him and shall transmit the affidavit to the national election commissioner.  The national election commissioner shall thereupon enter or cause to be entered in the General State Register the following facts:

     (a)     the number of the affidavit;
 
     (b)     the date of registration;

     (c)     the name of the applicant in full;

     (d)     the age of the applicant;

     (e)     if naturalized, the date of such naturalization;

     (f)     the residence of the applicant; and

     (g)     any other pertinent information which the national election commissioner may deem necessary.

     (2)     The national election commissioner shall also forthwith enter or cause to be entered the name so registered in its proper place in the general alphabetical index, together with a reference to the page on which the registration appears.  A voter having once been registered shall not be required to register again for any succeeding election, except in case of change of name or residence as specified in section 507 of this chapter or intervening disqualification as specified in section 305 of this title; provided, that in the event the voting records are destroyed or lost, the national election commissioner may require the registration of voters.

     (3)     The national election commissioner shall file the accepted affidavits in consecutive numbers, and keep the same in some convenient place so as to be open to public inspection and examination.

Source:  PL 2-73 506; amended by PL 5-70 7, modified.

      507.  Change of residence.
     Any voter who changes his residence from one voting precinct to another, or who changes his name after registration in any General State Register, may register again in such General State Register under the proper voting precinct or the proper name, and the national election commissioner or his authorized representative shall cancel the former registration by drawing one or more lines through the name of such voter as previously registered and enter or cause to be entered his own signature and the date of such cancellation with ink on the same line; provided, that no such registration shall be allowed on account of any change of residence or name made within 90 days before an election.

Source:  PL 2-73 507.

Editors note:  The (1) is an error in the law.  There was never any other subsection.

      508.  Exception to requirement.
     No registration in person shall be required of a student at any institution of learning, but such person shall make and subscribe to an affidavit substantially similar to the form set forth in section 504 of this title and as the national election commissioner may prescribe, to establish fully such persons right to vote.  Any duly qualified elector may challenge the acceptance of the voted ballot at the time of casting of the ballot under the provisions provided by law.

Source:  PL 2-73 508.

      509.  National Election Register.
     All changes or additions to the General State Register must also be made in the National Election Register.
 
              Source:  PL 8-97 12.
                                                                                                                                                                                                                                                                                                           
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