KSC, TITLE 3.  SUFFRAGE AND ELECTIONS
 
Chapter 20.  Special Elections

Section 3.2001.  Call of special election.
Section 3.2002.  Special election costs.
Section 3.2003.  Proposed constitutional amendments.
Section 3.2004.  Special election process.

      Section 3.2001.  Call of special election.

          (1)  The Governor shall call for a special election pursuant to this Chapter upon:

     (a)  The Speaker's certification that a special election is needed to fill a vacancy in the Legislature pursuant to the Kosrae State Constitution, Article IV, Section 5;

     (b)  The Commission's certification that a special election is needed to determine the winner of an election for Governor or Lieutenant Governor pursuant to the Kosrae State Constitution, Article V, Section 2;

     (c)  The filing of a valid recall petition pursuant to the Kosrae State Constitution, Article VII, Section 1; or

     (d)  The filing of a valid petition for a constitutional amendment by popular initiative, the presentation of constitutional amendments proposed as the result of a constitutional convention, or the passage of a Legislative resolution proposing a constitutional amendment or constitutional convention pursuant to the Kosrae State Constitution, Article XV.

     (2)  The Governor shall issue the call for a special election and transmit it to the Commission within 30 days of the event requiring a special election under Subsection 1.

     (3)  In his call, the Governor shall specify the date of the special election, which must be held within 60 days after he issues the call for the special election under Subsection (2), except that, in order of precedence:

     (a)  If the Kosrae State Constitution restricts the timing of a special election, the Governor shall comply with those restrictions;

     (b)  If the Legislative resolution under Subsection (1), Paragraph (d), specifies a date for the special election, the Governor shall schedule the election for that date; or

     (c)  If any other national or state election is scheduled to be held within one year from the event requiring a special election under Subsection (1), the Governor may schedule the special election to coincide with the other election to minimize expenses.

Background
Added by State Law 7-133.

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

      Section 3.2002.  Special election costs.
       Upon receiving a call for a special election, the Commission shall estimate the total costs of the special election, including any educational program expenses under, and shall transmit to the Legislature a request to appropriate the funds necessary to hold the election.

Background
Added by State Law 7-133.

      Section 3.2003.  Proposed constitutional amendments.
       When a proposed amendment to the Kosrae State Constitution is presented to the voters, the Commission shall do the following.

     (1)  The Commission shall prepare the text of the proposed constitutional amendment in the English and Kosraean languages.  The Commission shall submit the texts to the office of the Attorney General for review of their accuracy.  Once approved by the Attorney General, the Commission shall distribute both the English and Kosraean language versions to the public.

     (2)  The Commission shall prepare a program to educate the voters on the issues presented by the proposed amendment.  Materials prepared by the Commission must be accurate, unbiased and fairly present all sides of the issues.  The Commission shall submit all education materials to the Office of the Attorney General for review.  No material may be released to the public until the Attorney General has reviewed and approved the material.

Background
Added by State Law 7-133.

      Section 3.2004.  Special election process.
       Except where specifically provided otherwise, a special election must be conducted in the same manner as provided for elections generally in this Title.

Background
Added by State Law 7-133.

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