YSC, Title 7.  Election
 
 
 
Chapter 4.  Voter Registration

401.  Place of registering and voting.
402.  Formality of registration required.
403.  Application for registration; affidavit.
404.  Registration of applicant.
405.  Entry of a voter's name in the general state register.
406.  Reregistration.
407.  When registration not required.

     401.  Place of registering and voting.

     (a)  Every person who has reached the age of 18 years, or who will have reached the age of 18 years on or before the date of the next election, and who has resided in the Federated States of Micronesia for nine months and in the election district of registration three months preceding the date of registration and who, except for the requirement of registration, is otherwise entitled to vote may register to vote in the election district in which he resides.

     (b)  The Election Commissioner shall designate such place or places within the State where registration of voters may be made.

     (c)  No person shall register to vote or vote as an elector of any other precinct than that in which he resides; provided, that where there is a mistake in placing the name of the voters on the list of voters of a precinct in which he does not actually reside, such voter shall nevertheless be allowed to vote therein, if otherwise qualified, and the member of the board of election of the particular election district and precinct where such voter has voted shall notify the Election Commissioner of the error in order that the name of such voter may be placed on the next succeeding list of voters of the precinct where he actually resides.

     (d)  If any person resides in more than one precinct, he may choose the precinct in which he will register, but he shall register as an elector of one precinct only.

Source:  YSL 2-81 1, modified.

Cross-reference:  Yap Const., Art. IV, Sect. 2, provides that:  "The Legislature shall prescribe a minimum period of residence and the method of voting at elections, and shall provide for voter registration, . . ."

     402.  Formality of registration required.
     No person shall be entitled to vote in any state election or to be listed upon any general state register, or upon any precinct list, who fails to register with the formalities and subject to the restrictions and qualifications required by this title.

Source:  YSL 2-81 1, modified.

     403.  Application for registration; affidavit.
     Any person qualified to and desiring to register as a voter in any election district, may present himself at any time during business hours to any of the members of the election board (herein empowered and authorized to administer oaths and take acknowledgments) or persons authorized by law to administer oaths, then and there to be examined under oath as to his qualification as an elector.  Each applicant shall make and subscribe to an application in substantially the following form:

AFFIDAVIT ON APPLICATION
FOR REGISTRATION

Federated States of Micronesia         ss

Yap State

1.     My full name is                                                                              .
2.     I was born at                                              and my date of birth is                               .
3.     My age is                                                      .
4.     I am now registering in                                        village                                          municipality.
5.     I am a citizen and resident of the Federated States of Micronesia.
6.     I was naturalized as a citizen of the Federated States of Micronesia at                            State on the                    day of                                              , 19             .
7.     I have resided in the Federated States of Micronesia (or Yap State) not less than nine months, and in Election District No. (or Representative District No.)                          not less than three months, immediately preceding this date on which I now offer to register, to wit, the                           day of                                                  , 19                .
8.     I am not currently under parole, probation, or sentence for any felony for which I have been convicted by any court within the Trust Territory, Federated States of Micronesia or any court within the jurisdiction of any foreign country for an offense in such a foreign country which would be a felony under Yap State Law.
9.     I am not currently under a judgment of mental incompetency or insanity.
10.     I solemnly swear that the foregoing statements are true, so help me God.


Subscribed and sworn to before me this day                 of                               , 19       .

     The applicant shall strike out allegations that are inapplicable, and shall swear to the truth of the allegations in his application.  In any case where the person who administers the oath shall so desire or believe the same to be expedient, he may demand that the applicant produce further information, a witness or witnesses to further substantiate the allegations of this application.

Source:  YSL 2-81 1, modified.

     404.  Registration of applicant.
     Every affidavit on application for registration shall be submitted to the persons authorized to examine the qualifications of electors, not less than seven days before an election.

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

     405.  Entry of a voter's name in the general state register.

     (a)  If the person authorized to receive an affidavit of application for registration is satisfied that the applicant is entitled to be registered as a voter, he shall number the affidavit consecutively as approved by him, and shall transmit the affidavit to the Election Commissioner.  The Election Commissioner shall thereupon enter or cause to be entered in the general state register the following facts:

     (1)  Number of affidavit;

     (2)  Date of registration;

     (3)  Name of applicant in full;

     (4)  Age;

     (5)  If naturalized, the date of such naturalization;

     (6)  Residence; and

     (7)  Any other information which the Election Commissioner may deem necessary.

     (b)  The Election Commissioner shall also forthwith enter or cause to be entered the name so registered in its proper place in the general alphabetical index, together with a reference to the page on which the registration appears.  A voter having once been registered shall not be required to register again for any succeeding election, except in case of change of name or residence or intervening disqualification; provided, that in the event the voting records are destroyed or lost, the Election Commissioner may require the re-registration of voters.

     (c)  The Election Commissioner shall file the accepted affidavits in consecutive numbers and keep the same in some convenient place so as to be open to public inspection.
 
Source:  YSL 2-81 1, modified.

     406.  Reregistration.
     Any voter who changes his residence from one voting precinct to another, or who changes his name, after registration in any general state register, may register again in such general state register under the proper voting precinct or the proper name and the Election Commissioner or his authorized representative shall cancel the former registration by drawing one or more lines through the name of such voter as previously registered and enter or cause to be entered his own signature and the date of such cancellation with ink on the same line; provided, that no such registration shall be allowed on account of any change of residence or name made within seven days before an election.

Source:  YSL 2-81 1, as amended by YSL 5-10 3, modified.

     407.  When registration not required.
     No registration in person shall be required of a full-time student at any institution of learning outside the State, but such person shall make and subscribe to an affidavit, substantially similar to  the form set forth in section 403 of this chapter and as the Election Commissioner may prescribe, to establish fully such person's right to vote.  Any duly qualified elector may challenge the acceptance of the voted ballot at the time of casting of the ballot under the provisions provided by law.

Source:  YSL 2-81 1, modified.
                                                                                                                                                                                                                                                                                                           
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