Chapter 17.  Petition Process

Section 3.1701.  Petition.
Section 3.1702.  Commission action.
Section 3.1703.  Recount.

      Section 3.1701.  Petition.
       A person aggrieved by a ruling of a supervisor, or seeking review of a complaint not ruled upon, submits to the Commission a written petition, setting forth all relevant facts and the desired remedial action.

The Kosrae State constitutional provision on suffrage is found in Kosrae Const., Art. III

      Section 3.1702.  Commission action.
       The Commission:

     (1)  reviews and takes appropriate action on a petition;

     (2)  conducts the review and acts on a petition in a timely manner, reasonably calculated to protect the rights of all parties;

     (3)  affords all parties with a direct legal interest in the petition's subject matter an opportunity to be heard, to present evidence, and to challenge evidence offered to the Commission relating directly to the legal interests of the parties, and the right to confront witnesses;

     (4)  considers all evidence before rendering a preliminary or final ruling on a matter;

     (5)  bases its decision on the legal rights of the parties and the public. s interest in fair and lawful elections;

     (6)  makes a preliminary ruling only when a party with a direct legal interest in the matter makes a convincing and compelling showing that a final ruling would be unjust until the Commission considers additional evidence which is unavailable at the time, reserving certification of the affected election and setting a date for review of the additional evidence;

     (7)  sets forth in its final decision findings of fact in relation to the petition and the Commission's order of remedial action, if any, based on the findings.

      Section 3.1703.  Recount.

     (1)  A candidate in an election who believes that there was fraud or error in the casting, return or tabulation of votes cast may file a petition for recount with the Commission within two weeks following an election, unless circumstances beyond the control of the petitioner prevent a timely filing. The petition contains a sworn statement that the petitioner has reason to believe Commission records are erroneous, showing the nature of the error, and that he believes that a recount of the ballots cast in the relevant area would entitle him to election.  The Commission acts on the petition promptly.

     (2)  If the Commission of its own initiative finds that there is a substantial question of fraud or error and that there is a substantial possibility that a recount would affect the outcome of an election, it gives public notice of a recount and proceeds to recount ballots within ten days.