DRAFT CSC, Title 13.  Elections
 
CHAPTER 5
Ballots

§ 1401.  Imitation or use of ballots forbidden.
§ 1402.  Method of tabulating ballots.
§ 1403.  Sample ballots.
§ 1404.  Space for marking ballot.
§ 1405.  Ballots furnished to precincts.
§ 1406.  Delivery of ballots, machines and supplies.
§ 1407.  Receipt for ballots.
§ 1408.  Loss or destruction of ballots.
§ 1409.  Instructions of voters.

     § 1401.  Imitation or use of ballots forbidden.
     No person shall make, use, keep or furnish to others any paper in imitation of official ballots, except sample ballots issued by the Commission.

Source:  CSL 3-95-26, § 43.

     § 1402.  Method of tabulating ballots.

     (a) (1)  The Commission shall determine the appropriate method of casting ballots, method of tabulating ballots, the appropriate vote tabulating device if such a device is to be used, and the form of ballot to be used in an election in Chuuk. The Commission has the authority to determine the nature of ballots used, whether they be paper, punch cards or other electronic or electro-mechanical types of ballots. The Commission may authorize manual or mechanical or a combination of both tabulations for all or part of ballots cast in any election.

     (b) (2)  The name of every candidate whose name has been certified shall be printed on or adjacent to the appropriate ballot.

Source:  CSL 3-95-26, § 44, modified.

     § 1403.  Sample ballots.
     Not later than 30 days before a general election, the Commission shall certify to the printer the sample ballot with the names of the nominees thereon in the same order and manner as they will appear on the official ballot, and immediately thereafter cause a true copy of the same to be disseminated to the public and may be published at least once in a daily paper of general circulation.  The ballot, as published, shall be identical to that used for voting except for the substitution of "Sample" where the word "Official" shall appear upon the election ballot, and may be reproduced for voter instruction in colors contrasting with official ballots. The order in which the names of candidates appear on ballots shall be by official last names in alphabetical order.

Source:  CSL 3-95-26, § 45.

     § 1404.  Space for marking ballot.
     Immediately adjacent to the name of each nominee to the word "Incumbent" as the case may be, shall be place squares or spaces of sufficient size for the placing of a mark therein.  A mark within the square or space adjacent to the name of any nominee shall be counted as a vote for that nominee.

Source:  CSL 3-95-26, § 46.

     § 1405.  Ballots furnished to precincts.
     For each election, the Commission shall provide each election precinct with ten (10) ballots for every eight (8) or fraction of eight (8) voters registered in the election precinct.  Where a precinct has more than one polling place, such polling places shall also be furnished the required number of ballots.

Source:  CSL 3-95-26, § 47.

     § 1406.  Delivery of ballots, machines and supplies.
     The Commission shall, before the opening of the polls at any election, cause to be delivered to each precinct or a polling place where an election is to be held, the proper number of ballots, voting machines if such are to be used and supplies to be used in that precinct.  The ballots shall be delivered in sealed packages, with marks on the outside clearly designating the precinct or polling place for which they are intended, and the number of ballots enclosed.

Source:  CSL 3-95-26, § 48.

     § 1407.  Receipt for ballots.
     The Commission shall cause to be prepared a receipt for each polling place, enumerating the packages and stating the time, day and date when they were delivered to the precinct board inspector.  The inspector shall sign the receipt of the packages, which shall be returned forthwith and filed.  The Commission may employ such messengers as may be necessary to insure the safe and expeditious delivery of the ballots.

Source:  CSL 3-95-26, § 49.

     § 1408.  Loss or destruction of ballots.
     In case of the prevention of an election in any precinct by the loss or the destruction of the ballots intended for that precinct, the inspector or other member of the board for that precinct, shall make an affidavit setting forth the fact, and transmit same to the Chairman of the Election Commission.  Upon receipt of the affidavit, the Commission may, and upon the application of any nominee for any office to be voted for by the electors of that precinct, order a new election in that precinct.

Source:  CSL 3-95-26, § 50.

     § 1409.  Instructions of voters.
     At the top of the ballot, there shall be printed an instruction to the voters, as to the number of nominees to vote for, the marks to be used, including a sample of the marks and such other instructions as the Commission deems necessary and proper.

Source:  CSL 3-95-26, § 51.