KSC, TITLE 3.  SUFFRAGE AND ELECTIONS
 
Chapter 15.  Polling Place and Voting

Section 3.1501.  Polling place.
Section 3.1502.  Supervisor; assistance.
Section 3.1503.  Equipping and supplying polling place.
Section 3.1504.  Time of election.
Section 3.1505.  Opening and closing of polling place.
Section 3.1506.  Review of register.
Section 3.1507.  Observer.
Section 3.1508.  Secret ballot.
Section 3.1509.  Write-in Candidate.

      Section 3.1501.  Polling place.
       The Commission designates at least one polling place in a district by posting notice at the place at least fifteen days before an election.

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

      Section 3.1502.  Supervisor; assistance.

     (1)  The Commission assigns a supervisor to a polling place.

     (2)  In addition to other duties assigned by the Commission, a supervisor:

     (a)  hears and renders a preliminary ruling on a complaint concerning election procedure at the polling place;

     (b)  rules on a question of voter eligibility, subject to Commission review;

     (c)  hears, rules upon and disposes of a complaint regarding election procedure or alleged irregularity in a manner which will least disrupt the electoral process, while preserving the right of a voter or candidate to the greatest extent possible;

     (d)  ensures that Commission personnel and others comply with provisions for the security and handling of ballot boxes; and

     (e)  reports misconduct in the handling of a ballot or ballot box to the Commission.

     (3)  An election official at a polling place follows the directions of the supervisor.  A police officer enforces the supervisor's decisions and instructions to ensure that the election occurs lawfully.  

     (4)  An election official or other person reports to the Commission apparent misconduct, abuse of authority, or error in the exercise of authority by the supervisor.

     (5)  A Commission member not assigned as a supervisor relieves a supervisor or performs other duties which the Commission may assign.  While acting in relief of a supervisor, a relieving member has the powers and duties of a supervisor.

     (6)  The supervisor has a true and complete list of persons qualified to vote in the election as a whole and in the district where the polling place is situated.  Only an eligible voter may receive a ballot.

      Section 3.1503.  Equipping and supplying polling place.
       The Commission provides a polling place with necessary ballots, ballot boxes, locks, cards of instruction, pens for marking the ballot, registered voter lists, papers, and all other necessary supplies.

      Section 3.1504.  Time of election.
       A polling place is open on an election day from seven a.m. to five p.m.  If a voter is within the confines of a polling place or in a line at the door of a polling place at five p.m. and has not voted, the polling place remains open for that voter to cast a ballot.

      Section 3.1505.  Opening and closing of polling place.

     (1)  At exactly seven a.m. of the day of the election, a supervisor of a polling place proclaims aloud that the poll is open.

     (2)  Immediately before a polling place opens for voting the supervisor opens and inspects a ballot box assigned to the polling place in plain public view to ensure that the ballot box is empty, intact, and secure. Upon completion of inspection the supervisor locks the ballot box.  The supervisor has only one key to a box at the polling place.  By regulation the Commission provides a system for safeguarding the security of a box and the proper use of a key to a ballot box lock.

     (3)  If all persons appearing on a registered voter's list for a polling place have voted before five p.m., the supervisor closes the polling place.

      Section 3.1506.  Review of register.
       A person appearing to vote at a polling place reports his name in full and his address to an election official who clearly and audibly announces them.  Another election official reviews the register and list of voters to determine whether the person is a registered voter, and, if so, announces the name and address appearing in the register.  A person may then challenge the voter's right to vote. The voter may vote in accordance with Commission regulation allowing for ballot security and an ultimate resolution of the challenge.

      Section 3.1507.  Observer.
       A candidate may have two observers at a polling place where his name appears on the ballot.

      Section 3.1508.  Secret ballot.

     (1)  The Commission provides safeguards to ensure secrecy in voting.

     (2)  The supervisor instructs the voter to fold and deposit the marked ballot in a locked ballot box at the polling place.

     (3)  An election official may not touch a ballot being cast or deposited in a ballot box.

     (4)  By regulation the Commissioner provides for the segregation of a spoiled ballot without inspection.  A voter returning a spoiled ballot receives a new ballot.  Except for instructing a voter pursuant to Commission regulation an election official, a government employee or other person may not converse with a person marking or casting his ballot.

      Section 3.1509.  Write-in candidate.
       Except in a run-off election, a voter may vote for a person whose name does not appear on the ballot by writing the name of the person in a space provided on the ballot for a write-in vote.  If the Commission has a reasonable doubt concerning the identity of the person voted for by a write-in vote, it declares only that portion of the ballot void.  If upon tabulation of ballots cast a write-in candidate receives a percentage of the vote which entitles the candidate to an office or to a run-off election, the Commission reviews the candidates qualifications.  If found qualified, the candidate pays the Commission a twenty-five dollar fee.  Upon payment of the fee the Commission certifies the results and proceeds as if nomination of the candidate had occurred pursuant to Section 3.1301.    If it finds the candidate not qualified, or if the candidate does not pay the filing fee in a timely manner as directed by the Commission, the Commission disregards the candidate's votes and determines the election among all other candidates for the office.

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