Special Provisions

DRAFT CSC, Title 13. Elections

CHAPTER 9

Special Provisions

§ 1801. Determination of tie.

§ 1802. Runoff election.

§ 1803. Conduct and voters.

§ 1804. Time of special election.

§ 1805. Calling special elections.

§ 1806. Election to fill vacancy in the Chuuk State Legislature.

§ 1807. Events causing vacancies.

§ 1808. Total incapacity or death after election but before commencing term of office.

§ 1801. Determination of tie.

If at any election in the case of the Legislature, two ~~(2)~~ or more persons receive an equal number of votes which is the largest number of ballot votes cast for the same office, a run-off special election between said persons shall be held in accordance with Section ~~141~~ 802 of this ~~Act~~ Title, provided that in case there are two or more vacancies to be filled, such a tie need not be broken by a special election.

Source: CSL 3-95-26, § 140, modified.

§ 1802. Runoff election.

In case of the Election for Governor and Lieutenant Governor, if a majority is not reached, a run-off election between the candidates on the tickets receiving the two highest pluralities shall be held on the fourth Tuesday following the general election.

Source: CSL 3-95-26, § 141.

§ 1803. Conduct and voters.

At any special election, every person entitled to vote at a general election shall be entitled to vote. All special elections shall be conducted in the same manner and form as a general election, except as otherwise provided in this ~~Act~~ Title.

Source: CSL 3-95-26, § 142, modified.

§ 1804. Time of special election.

Special election shall be held at a time set by the Election Commission which shall be held not less than ~~twenty-eight (~~28) days or more than ~~sixty (~~60) days from the date such special election becomes necessary, provided that a runoff election shall be as provided by Section 7 of Article VI of the Chuuk State Constitution. The Election Commission shall also set the time limit within which polling places may be designated, precinct boards may be appointed, and declarations of candidacy or nomination may be filed, subject to the provisions of Sections 24 1201 and 25 1202 of this ~~Act~~ Title.

Source: CSL 3-95-26, § 143, modified.

§ 1805. Calling special elections.

All special and runoff elections shall be called by proclamation of the Chuuk State Election Commission. The Commission shall disseminate such proclamation or the information contained therein by every available means of communication, including public information, the news media, broadcast, and radio.

Source: CSL 3-95-26, § 144.

§ 1806. Election to fill vacancy in the Chuuk State Legislature.

The Election Commission shall call for a special election to fill vacancies in the Legislature whenever one or more vacancies occur therein where not less than one year is remaining in the unexpired term as provided in this ~~Act~~ Title. An unexpired term of less than one year shall be filled by appointment of the Governor. The highest vote getter or vote getters if there are more than one vacancy, shall be certified by the Election Commission as elected and shall be administered the oath of office immediately to fill the unexpired term of office.

Source: CSL 3-95-26, § 145, modified.

§ 1807. Events causing vacancies.

Vacancies in the Chuuk State Legislature and/or in the municipalities occur when the incumbent:

~~(a)~~ (1) Dies;

~~(b)~~ (2) Resigns;

~~(d)~~ (4) Becomes insane as determined by competent jurisdiction;

~~(e)~~ (5) Is expelled according to law;

~~(f)~~ (6) Changes residence from the municipalities, precincts, or regions in which elected;

~~(g)~~ (7) Is ill or incapacitated beyond ability to discharge the powers and duties of office as determined by competent jurisdiction or medical doctor; or

~~(h)~~ (8) Undergoes any of the foregoing events in ~~(a)~~ (1) through ~~(g)~~ (7) with respect to a person elected to office, after the election but before such person commences his term of office, constitutes a vacancy on the date the term commences, unless the person so elected is the incumbent in which case the vacancy occurs on the date of such event.

Source: CSL 3-95-26, § 146, modified.

§ 1808. Total incapacity or death after election but before commencing term of office.

~~(a)~~ (1) If the newly elected person for Governor becomes totally incapacitated or dies before commencing his term of office, the person elected with him on the same ticket as Lieutenant Governor shall become Acting Governor upon the expiration of the term of the current or outgoing Governor, and a special election for a new Governor shall be held according to law. If the new team was elected just to fill a vacancy and the Governor-elect becomes totally incapacitated or dies prior to commencing his term of office, the vacancy remains vacant and the incumbent Acting Governor continues in office until a new ticket of candidates for Governor and Lieutenant Governor is elected and takes office. In the case of an incumbent team, upon the total incapacitation or death of the Governor before commencing another term, the incumbent Lieutenant Governor, whether or not on the incapacitated or deceased Governor's ticket, becomes Governor only for the remaining portion of the expiring term of the Governor, after which the person elected as Lieutenant Governor on the ticket with the incapacitated or deceased Governor shall become Acting Governor, and a special election for a new Governor shall be held according to law.

~~(b)~~ (2) If a newly elected person to the Senate or House of Representatives becomes totally incapacitated or dies before commencing his term, no vacancy occurs until after the expiration of the term of the outgoing incumbent member, after which a special election shall be held to fill the vacancy; but if the incapacitated or deceased newly elected person had been elected just to fill a vacancy, such vacancy remains unfilled and another special election shall be held to fill the vacancy.

Source: CSL 3-95-26, § 147, modified.

Cross-reference: The constitutional provisions on suffrage and elections are found in Article XII of the Chuuk State Constitution which reads as follows:

Article XII

SUFFRAGE AND ELECTIONS

Section 1. A general election shall be held every 2 years on the first Tuesday following the first Monday in March. If the general election date for the Congress of the Federated States of Micronesia is changed from March, or reasons such as natural disaster preclude the holding of an election on the date set, the election shall be held as prescribed by statute.

Section 2. A citizen of the Federated States of Micronesia who is a resident of the State of Chuuk and has attained the age of 18 may vote in the State. Voting shall be secret.

Section 3. The Legislature shall prescribe by statute a minimum period of voter residency; disqualifications for conviction of crime, mental incompetence, or insanity; and for the protection of voting in the State of Chuuk. Except as so provided, no resident entitled to vote may be denied the privilege to vote or be interfered with in voting.

Section 4. There shall be an independent Election Commission vested with powers, duties, and responsibilities, as prescribed by statute, for the administration of elections in the State of Chuuk, including voter registration and the conduct and certification of elections.

	DRAFT CSC, Title 13. Elections
	CHAPTER 9 Special Provisions § 1801. Determination of tie. § 1802. Runoff election. § 1803. Conduct and voters. § 1804. Time of special election. § 1805. Calling special elections. § 1806. Election to fill vacancy in the Chuuk State Legislature. § 1807. Events causing vacancies. § 1808. Total incapacity or death after election but before commencing term of office. § 1801. Determination of tie. If at any election in the case of the Legislature, two ~~(2)~~ or more persons receive an equal number of votes which is the largest number of ballot votes cast for the same office, a run-off special election between said persons shall be held in accordance with Section ~~141~~ 802 of this ~~Act~~ Title, provided that in case there are two or more vacancies to be filled, such a tie need not be broken by a special election. Source: CSL 3-95-26, § 140, modified. § 1802. Runoff election. In case of the Election for Governor and Lieutenant Governor, if a majority is not reached, a run-off election between the candidates on the tickets receiving the two highest pluralities shall be held on the fourth Tuesday following the general election. Source: CSL 3-95-26, § 141. § 1803. Conduct and voters. At any special election, every person entitled to vote at a general election shall be entitled to vote. All special elections shall be conducted in the same manner and form as a general election, except as otherwise provided in this ~~Act~~ Title. Source: CSL 3-95-26, § 142, modified. § 1804. Time of special election. Special election shall be held at a time set by the Election Commission which shall be held not less than ~~twenty-eight (~~28) days or more than ~~sixty (~~60) days from the date such special election becomes necessary, provided that a runoff election shall be as provided by Section 7 of Article VI of the Chuuk State Constitution. The Election Commission shall also set the time limit within which polling places may be designated, precinct boards may be appointed, and declarations of candidacy or nomination may be filed, subject to the provisions of Sections 24 1201 and 25 1202 of this ~~Act~~ Title. Source: CSL 3-95-26, § 143, modified. § 1805. Calling special elections. All special and runoff elections shall be called by proclamation of the Chuuk State Election Commission. The Commission shall disseminate such proclamation or the information contained therein by every available means of communication, including public information, the news media, broadcast, and radio. Source: CSL 3-95-26, § 144. § 1806. Election to fill vacancy in the Chuuk State Legislature. The Election Commission shall call for a special election to fill vacancies in the Legislature whenever one or more vacancies occur therein where not less than one year is remaining in the unexpired term as provided in this ~~Act~~ Title. An unexpired term of less than one year shall be filled by appointment of the Governor. The highest vote getter or vote getters if there are more than one vacancy, shall be certified by the Election Commission as elected and shall be administered the oath of office immediately to fill the unexpired term of office. Source: CSL 3-95-26, § 145, modified. § 1807. Events causing vacancies. Vacancies in the Chuuk State Legislature and/or in the municipalities occur when the incumbent: ~~(a)~~ (1) Dies; ~~(b)~~ (2) Resigns; (c) (3) Refuses or fails to take office; ~~(d)~~ (4) Becomes insane as determined by competent jurisdiction; ~~(e)~~ (5) Is expelled according to law; ~~(f)~~ (6) Changes residence from the municipalities, precincts, or regions in which elected; ~~(g)~~ (7) Is ill or incapacitated beyond ability to discharge the powers and duties of office as determined by competent jurisdiction or medical doctor; or ~~(h)~~ (8) Undergoes any of the foregoing events in ~~(a)~~ (1) through ~~(g)~~ (7) with respect to a person elected to office, after the election but before such person commences his term of office, constitutes a vacancy on the date the term commences, unless the person so elected is the incumbent in which case the vacancy occurs on the date of such event. Source: CSL 3-95-26, § 146, modified. § 1808. Total incapacity or death after election but before commencing term of office. ~~(a)~~ (1) If the newly elected person for Governor becomes totally incapacitated or dies before commencing his term of office, the person elected with him on the same ticket as Lieutenant Governor shall become Acting Governor upon the expiration of the term of the current or outgoing Governor, and a special election for a new Governor shall be held according to law. If the new team was elected just to fill a vacancy and the Governor-elect becomes totally incapacitated or dies prior to commencing his term of office, the vacancy remains vacant and the incumbent Acting Governor continues in office until a new ticket of candidates for Governor and Lieutenant Governor is elected and takes office. In the case of an incumbent team, upon the total incapacitation or death of the Governor before commencing another term, the incumbent Lieutenant Governor, whether or not on the incapacitated or deceased Governor's ticket, becomes Governor only for the remaining portion of the expiring term of the Governor, after which the person elected as Lieutenant Governor on the ticket with the incapacitated or deceased Governor shall become Acting Governor, and a special election for a new Governor shall be held according to law. ~~(b)~~ (2) If a newly elected person to the Senate or House of Representatives becomes totally incapacitated or dies before commencing his term, no vacancy occurs until after the expiration of the term of the outgoing incumbent member, after which a special election shall be held to fill the vacancy; but if the incapacitated or deceased newly elected person had been elected just to fill a vacancy, such vacancy remains unfilled and another special election shall be held to fill the vacancy. Source: CSL 3-95-26, § 147, modified. Cross-reference: The constitutional provisions on suffrage and elections are found in Article XII of the Chuuk State Constitution which reads as follows: Article XII SUFFRAGE AND ELECTIONS Section 1. A general election shall be held every 2 years on the first Tuesday following the first Monday in March. If the general election date for the Congress of the Federated States of Micronesia is changed from March, or reasons such as natural disaster preclude the holding of an election on the date set, the election shall be held as prescribed by statute. Section 2. A citizen of the Federated States of Micronesia who is a resident of the State of Chuuk and has attained the age of 18 may vote in the State. Voting shall be secret. Section 3. The Legislature shall prescribe by statute a minimum period of voter residency; disqualifications for conviction of crime, mental incompetence, or insanity; and for the protection of voting in the State of Chuuk. Except as so provided, no resident entitled to vote may be denied the privilege to vote or be interfered with in voting. Section 4. There shall be an independent Election Commission vested with powers, duties, and responsibilities, as prescribed by statute, for the administration of elections in the State of Chuuk, including voter registration and the conduct and certification of elections.