YSC, Title 7.  Election
 
 
 
Chapter 2.  Election Commissioner

201.  Office of Election Commissioner.
202.  Powers and duties.
203.  Official register to be kept by Election Commissioner.
204.  Changing register; striking name of disqualified voters.

     201.  Office of Election Commissioner.

     (a)  The Governor shall appoint an Election Commissioner with the advice and consent of the Legislature or a committee thereof.  The Election Commissioner shall hold his office for a term of six years until a successor is confirmed; provided that the Election Commissioner may be removed from office by the Governor for cause.

     (b)  The Election Commissioner shall be the chief election officer of the State, with such powers and duties relating to the registration of voters and the conduct of the elections prescribed in this title.

Source:  YSL 2-81 1, modified.

Cross-reference:  The Legislature is authorized to provide for the method of voting at elections and for voter registration pursuant to Yap Const., Art. IV, Sect. 2.  That section states in pertinent part:  "The Legislature shall prescribe a minimum period of residence and the method of voting at elections, and shall provide for voter registration, disqualification for conviction of crimes, and disqualification for mental incompetence or insanity.  . . ."

     202.  Powers and duties.
     The Election Commissioner shall have the overall supervision and administration of the election and shall perform such duties as are prescribed by law, which shall include, but not be limited to, the following:

     (a)  To appoint all members of the several boards of elections as provided for in this title;

     (b)  May prescribe and promulgate rules, regulations or instructions, including rules, regulations or instructions for absentee ballots, for the conduct of the election;

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

     (d)  To require such reports from the several boards as may be required by law or regulation or as he may deem necessary;
 
     (e)  To review and examine voting irregularities or any alleged violation of any election laws in accordance with the provisions of this title;

     (f)  To establish voting precincts within each election district and designate appropriate polling places for each voting precinct, upon recommendations of the members of the board of election of the particular election district; such polling places may be within the voting precinct, for the voting precinct and outside the election district but within the State, or outside the State subject to the provisions of section 701;

     (g)  To receive nomination petitions and list all candidates for election, in the order in which petitions were filed, for each election district, provided that in the case petitions are received at the same time, the order between those candidates shall be determined by lot;

     (h)  To register or cause to be registered all the voters in the State and to maintain the general state register as provided in this title; and

     (i)  To prepare from the general state register a registered voter. s list for each voting precinct prior to any election.

Source:  YSL 2-81 1, modified.

Cross-reference:  The Legislature is authorized to provide for the method of voting at elections and for voter registration pursuant to Yap Const., Art. IV, Sect. 2.

     203.  Official register to be kept by Election Commissioner.
     The Election Commissioner shall register or cause to be registered all voters in the general state register.  The register shall consist of one or more volumes for each election district with a general alphabetical index of the voters.  The general state register shall be divided into as many parts as there are election precincts in the election districts and shall have an index of precincts.  The general state register shall be maintained by the Election Commissioner and shall, at all times during business hours, be open to public inspection, and shall be a public record.  The register shall be ruled and printed in such forms as the Election Commissioner may direct.  The complete general state register shall be published and made available for public inspection at least one day prior to any election.

Source:  YSL 2-81 1, as amended by YSL 5-10 1, modified.

     204.  Changing register; striking name of disqualified voters.

     (a)  The Election Commissioner shall ascertain, not less than six months before election, 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.  He shall thereupon make such investigation as he may deem necessary to confirm such information by inspecting official court documents or other relevant documentation.  Upon any such confirmation, he shall strike or direct that the name of such person be stricken from the official registry.

     (b)  The Election Commissioner 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.

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

Source:  YSL 2-81 1, modified.
                                                                                                                                                                                                                                                                                                           
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