FSMC, TITLE 9.  NATIONAL ELECTIONS
 
 
Chapter 6:  Procedure for Ballots

601.     Official ballots required Specimen ballots Imitating.
602.     Contents.
603.     Printing and distributing.
604.     Withdrawal of candidates.
605.     Substitute candidates.
606.     Packaging Sealing Record of distribution.

      601.  Official ballots required Specimen ballots Imitating.

     (1)     All elections held in accordance with the provisions of this title shall be held by official ballot only.  An official ballot is a written or printed, or partly written and partly printed paper, designated as an official ballot and containing the names of persons to be voted for and the office to be filled, and issued by the National Election Director and the national election commissioner of each State.  The National Election Director shall have printed two exact copies of each official ballot which is to be used in the general election, for each voting place, such copies to have printed thereon, in large bold letters, and with ink of a color plainly contrasting to the color of the paper used, the word Specimen. Two copies of each such specimen ballot shall be forwarded to the national election commissioner of each State and the members of the board of election at the same time with the official ballots, and the member or members of the board of election shall post one of each such specimen ballot on either side of the entrance of the voting place or other places plainly in sight for the general public.

     (2)     Any person who knowingly, willfully, and unlawfully prints, copies, imitates, or distributes, or causes to be printed, copied, imitated, or distributed any official ballot or any document that is so substantially similar in style or content to the official ballot as to cause the likelihood of confusion with the official ballot without the authorization of the national election commissioner or National Election Director is guilty of a national crime and punishable by a fine of not more than $500.

Source: PL 2-73 601; amended by PL 8-97 13.

      602.  Contents.
     A ballot shall contain the names of the persons and the offices to be voted for, the State, the election district in which the election is being held, and the term or terms of the respective officers being voted for.

Source:  PL 2-73 602.

      603.  Printing and distributing.

     (1)     The ballots should be printed by order of the National Election Director at Government expense; provided, that the National Election Director shall complete the printing of the official ballots no later than 50 days before the election.  Under the direction of the National Election Director, the national election commissioner shall deliver an adequate number of ballots to each election precinct.

     (2)     At least 55 days before the election the National Election Director shall print a sample ballot and shall forthwith submit copies of the same to the national election commissioner for distribution to the members of the several boards of election and to the several candidates at their addresses as given on their nomination papers, and the members of the boards shall post a copy of the same in a conspicuous place in their office or a public place.

Source:  PL 2-73 603; amended by PL 5-70 8; PL 8-97 14; PL 11-62 6.

      604.  Withdrawal of candidates.

     (1)     Any candidate may withdraw before an election by giving notice in writing to the member or members of the board of election, to the national election commissioner or to the National Election Director, whichever is more practical, in the election district or State in which such candidate was seeking nomination or election.  If a candidate withdraws or dies after the printing of the ballots, the national election commissioner shall cause the name of the candidate so withdrawing, or the name of any candidate who has died, to be stricken from the ballots and in that regard, may require the services of the board of election of the district or precinct in which any person was a candidate and shall notify in writing such board of election of the withdrawal or death, whereupon notice thereof shall, before the opening of the polls on election day, be posted at the polling place.

     (2)     If a candidate withdraws his name later than 65 days before an election and the ballots are in the process of or have been printed, and it becomes necessary in the opinion of the National Election Director or national election commissioner or the board of election for a reprinting of ballots or a striking out of the candidates name by a reprint blockout, all expenses thereof, except in case of a withdrawal necessitated for medical cause and so certified by a physician, shall be a charge against the withdrawing candidate and shall be paid by him within 60 days after such withdrawal to the national election commissioner.  Monies so received shall be deposited in the General Fund of the Federated States of Micronesia, as a local revenue general realization, available for appropriation by the Congress of the Federated States of Micronesia.

     (3)     Any person who, directly or indirectly, physically threatens or intimidates any candidate so as to cause or attempt to cause the candidate to withdraw from an election is guilty of a national offense and upon conviction shall be fined not more than $2,000, or imprisoned for not more than five years, or both.

Source:  PL 2-73 604; amended by PL 5-70 9; PL 8-97 15; PL 11-62 7.

      605.  Substitute candidates.
     In the case of the death, withdrawal, or disqualification of candidates after the deadline for filing nominations, substitute candidates may be nominated prior to 60 days before the date of an election.  A person nominated as a substitute for a candidate nominated by petition must be nominated by petition in the same manner as the candidate who has died, withdrawn, or been disqualified.  The national election commissioner of the State concerned in the case of a substitute candidate filling a vacancy caused by death, withdrawal, or disqualification of a candidate shall cause the name of any substitute candidate to be placed upon the proper ballots by reprinting, over-printing, or through the use of stamps or such other means as the national election commissioner may deem satisfactory for the purpose and may require the services of members of the board of election who may be in the election district or precinct in which such a person is a candidate.  The board of election shall post a notice at the polling place of the name and office sought by any such substitute candidate.

Source:  PL 2-73 605; amended by PL 5-70 10 and PL 11-62 8.

      606.  Packaging Sealing Record of distribution.
     When printed, the ballots shall be fastened together in blocks of 25 each in such manner that each ballot may be detached and removed separately.  They shall be forwarded by the National Election Director to the national election commissioner of each State who will forward them to the member or members of the board of election in sealed packages, which shall not be opened until the opening of the polls.  A record of the number of ballots sent to each board of election member shall be kept by the national election commissioner.

Source: PL 2-73 606; amended by PL 5-70 11; PL 8-97 16.
                                                                                                                                                                                                                                                                                                           
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