KSC, TITLE 3.  SUFFRAGE AND ELECTIONS
 
Part II.  Elections

Chapter 11.  Provisions of
General Applicability

Section 3.1101.  Definition.
Section 3.1102.  Report of violation.
Section 3.1103.  Use of Government facilities.
Section 3.1104.  Election notice.
Section 3.1105.  Districts.
Section 3.1106.  Postponement of election.
Section 3.1107.  Vacancy in Legislature.
Section 3.1108.  Election to Legislature.
Section 3.1109.  Election records.
Section 3.1110.  New election.

      Section 3.1101.  Definition.

     (1)  The "Commission" is the Election Commission.

     (2)  "District" is an electoral district.

     (3)  "Election" refers to a Government general or run-off election, to a special election, including for recall, and to a referendum which is State-wide or which the Government initiates.

     (4)  "Supervisor" is the Commission member designated by the Commission to represent the Commission at, and supervise, a polling place.

Cross-reference:
The Kosrae State constitutional provision on suffrage is found in Kosrae Const., Art. III.

      Section 3.1102.  Report of violation.
       The Commission reports an apparent violation of law or regulation pertaining to an election to the Office of the Attorney General, providing available evidence.

      Section 3.1103.  Use of Government facilities.
       A Government facility is available to candidates according to the following:

     (1)  If a candidate has access to a facility, each candidate for the same office has fair and equal access.

     (2)  The person responsible for the operation of the facility or its use by a candidate is responsible for assuring the equal access rights of an eligible candidate.

     (3)  In the use of a facility a candidate for an office has the opportunity to make the same number of campaign presentations and rebuttals and has equal access to approximately the same audience as each other candidate for the office.

      Section 3.1104.  Election notice.
       The Commission gives public notice in advance of an election as follows:

          (1)  general election  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   ninety days

          (2)  any other election  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    forty days

      Section 3.1105.  Districts.
       The districts are the municipalities.

      Section 3.1106.  Postponement of election.
       If the Commission determines that a natural disaster or act of God precludes an election's occurring on the date announced pursuant to Section 3.1104, it announces a substitute date for the election.  If balloting occurs in an unaffected electoral district as scheduled, the Commission preserves a box containing marked ballots unopened until completion of the election.

      Section 3.1107.  Vacancy in Legislature.
       A vacancy in the Legislature arises from death, resignation, removal, or disability.  The Governor makes an appointment to fill a vacancy in the Legislature within three days of notification of the vacancy.

      Section 3.1108.  Election to Legislature.
       A candidate for the Legislature gains election from a district, if the number of ballots in his favor ranks him relatively among the other candidates within the number of seats contested in the district.

      Section 3.1109.  Election records.
       The Commission preserves a writing concerning an election issued or received by the Commission.

      Section 3.1110.  New election.
       Only the Court may order a new election because of irregularity, fraud, or other misconduct affecting an election.  The filing of a complaint contesting an election occurs within twenty days of certification of the result of the election.

Cross-reference:
The Kosrae State constitutional provision on suffrage is found in Kosrae Const., Art. III.