YSC, Title 7.  Elections
 
 
 
Chapter 1.  General Provisions

101.  Title.
102.  Franchise.
103.  Elections to be by secret ballot.
104.  Special election; vacancies; how filled.
105.  Municipal elections.
106.  Election expenses.
107.  Use of Government facilities by candidates.
108.  Affidavits to be sworn under oath.
109.  Penalties.
110.  Intimidating or bribing a voter.
111.  Election districts.

     101.  Title.
     This title shall be known and may be cited as the "Yap Election Act of 1990".

Source:  YSL 2-81 1, modified.

Cross-reference:  The constitutional provisions on Suffrage and Elections are found in Article IV of the Yap State Constitution.  The constitutional provisions on Legislature Election Districts are found in Article XI of the Yap State Constitution.

     102.  Franchise.
     Every citizen of the Federated States of Micronesia shall be entitled to vote in every election conducted under the provisions of this title who fulfills all the following requirements:

     (a)  Is 18 years of age or older on the day of an election;

     (b)  Has fulfilled the residence requirements for registration;

     (c)  Is not currently under judgment of mental incompetency or insanity entered in a court of competent jurisdiction;

     (d)  Is not currently under parole, probation, or sentence for any felony for which he has been convicted by any court of Yap State, Trust Territory, Federated States of Micronesia or a foreign country; provided, however, that any such conviction in a foreign country must be for an offense which would be considered a felony under Yap State Law; and

     (e)  Is registered to vote under the provisions of this title.

Source:  YSL 2-81 1, modified.

Cross-reference:  The constitutional provision on voter qualifications for state elections is found in Yap Const., Art. IV, Sect. 1.  That section states:  "A citizen of the Federated States of Micronesia who has attained the age of eighteen years and is registered to vote in the State shall be qualified to vote in state elections."  The constitutional provision authorizing legislation on voter qualifications is found in Yap Const., Art. IV, Sect. 2.  That section states in pertinent part:  "The Legislature shall prescribe a minimum period of residence and the method of voting at elections, and shall provide for voter registration, disqualification for conviction of crimes, and disqualification for mental incompetency or insanity.  . . ."

     103.  Elections to be by secret ballot.
     All elections in accordance with the provisions of this title shall be by secret ballot.  The marking of each ballot shall take place in an area where the ballot cannot be seen by any other person, including any election official, poll watcher or other voter, except as provided in this Act.  Election officials are responsible for assuring that ballots are marked in secret and deposited in the appropriate ballot box in a manner so that no person can see the marking on the ballot.

Source:  YSL 2-81 1, modified.

Cross-reference:  The constitutional provision on secrecy of voting is found in Yap Const., Art. IV, Sect. 2.  That section states in pertinent part:  ". . .  Secrecy of voting shall be preserved."

     104.  Special election; vacancies; how filled.

     (a)  In the event a candidate for Governor does not receive at least 45 percent of the votes cast, or if two candidates for an office receive the highest and equal number of votes, the Chief Justice of the State Court shall order a special election within 30 days after certification of the votes.

     (b)  Whenever, one year or more before the end of a term or after the election but before the elected official has been sworn in, a vacancy occurs in the Legislature, the Governor shall call a special election to fill such vacancy.  The call of the Governor shall specify the date of the special election, the deadline for registration of electors for such special election, and the period during which the nomination of candidates for such special election may take place.  In all other respects, special elections to fill vacancies in the Legislature shall be held in accordance with the provisions of this title.

     (c)  Whenever a vacancy occurs in the Office of Lieutenant Governor, either after the election but before the elected official has been sworn in or after the elected official has been sworn into office, such vacancy shall be filled by appointment by the Governor, after consultation with the Council of Pilung and the Council of Tamol, of a Lieutenant Governor, upon advice and consent of the Legislature; provided, however that such appointee shall not be from Yap Proper if the Governor were from Yap Proper and not from the Outer Islands if the Governor were from the Outer Islands; and further provided that the appointment for the vacancy which occurred after the election but before the elected official had been sworn in shall not be made until the Governor-elect has been sworn into office.  The Legislature shall consider such appointment within 20 days of the transmittal thereof by the Governor.  If the Legislature does not confirm the nomination within 20 days, it shall be deemed to have been withdrawn.

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

Cross-reference:  The constitutional provision on special elections is found in Yap Const., Art. IV, Sect. 3.  That section states in pertinent part:  ". . .  Special elections may be held in accordance with law."  The constitutional provision on new elections when there is a tie in voting is found in Yap Const., Art. IV, Sect. 6.  That section states:  "A new election shall be ordered by the Chief Justice of the State Court if two or more candidates have the highest and equal number of votes, except in cases specially provided for by this Constitution.  The election shall be limited to the candidates receiving the equal and highest number of votes."

     105.  Municipal elections.
     Any provision of any municipal charter, law, or ordinance to the contrary notwithstanding, the Election Commissioner shall have overall authority and responsibility for the conduct of all elections, the registration of all voters, the tabulation of all votes, and the announcement of the official results of all State and municipal elections in accordance with all provisions of the applicable state law, municipal charter, law or ordinance governing the election, which are not inconsistent with the provisions of this title, except that if there is no applicable state law, municipal charter, law or ordinance governing any state or municipal election or to the extent that such law, municipal charter, law or ordinance does not fully provide for the conduct of such election, the registration of voters, the tabulation of votes, or the announcement of official results, the Election Commissioner shall formulate regulations to govern such election which shall be substantially similar to the provisions of this title with due recognition for local conditions and which shall have the force and effect of law.

Source:  YSL 2-81 1, modified.

Cross-reference:  The constitutional provision on Local Government is found in Yap Const., Art. VIII, Sect. 1.  That section states:  "The Legislature may provide for the establishment of political subdivisions within the State and provide for the government thereof.  Each political subdivision shall have and exercise powers as may be conferred by laws.  The people may organize and operate local governments in a manner consistent with law."  The statutory provisions on Local Government are found in Title 6 of this Code.

     106.  Election expenses.
     All expenses of this title for elections conducted in accordance with the provisions of this title shall be borne by the State Government, except that expenses may be defrayed by the National Government when a state election is held on the same date as an election of members to the Congress of the Federated States of Micronesia.

Source:  YSL 2-81 1, modified.

     107.  Use of Government facilities by candidates.

     (a)  Government broadcast facilities may be made available to candidates except on the day of election, pursuant to law and the discretion of the Election Commissioner where not provided by law.  The Election Commissioner shall afford each candidate equal opportunity in the use of government broadcast facilities.  If the Election Commissioner cannot provide equal opportunities to the candidates in the use of government broadcast facilities, then no candidate shall be allowed their use whatsoever. Each candidate shall advise the Election Commissioner not later than 24 hours prior to his intended use of government broadcast facilities.  Failure to notify the Election Commissioner of the proposed use of the above-described facilities within the prescribed time limit may disqualify the candidate from the use of these government facilities.

     (b)  No government facilities other than broadcast facilities may be made available to candidates.

Source:  YSL 2-81 1, modified.

     108.  Affidavits to be sworn under oath.
     The affidavits required pursuant to this title shall be sworn to before any officer or person authorized by law to administer oaths, except for the affidavits accompanying absentee ballots required by section 704 which do not need to be so witnessed.

Source:  YSL 2-81 1, modified.

     109.  Penalties.
     Any person who violates any of the provisions of this title or any rules or regulations promulgated pursuant thereto, for which a penalty is not otherwise provided, or who votes or attempts to vote more than one time or interferes with the orderly process of the election, shall be punished by a fine not to exceed $500.00, or imprisonment for not more than one year, or both.

Source:  YSL 2-81 1, modified.

     110.  Intimidating or bribing a voter.
     Every person who shall in any manner (a) intimidate or threaten a voter in order to induce or compel him to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person at any election or, (b) bribe or attempt to bribe any voter in giving his vote, or to deter him from giving it, shall be fined not more than $1,000.00, or imprisoned for not more than one year, or both. Each act of intimidation, threat, or bribery shall constitute a separate offense.

Source:  YSL 2-81 1, modified.

     111.  Election districts.
     Election districts shall be as established by Article XI of the Constitution of the State of Yap.

Source:  YSL 2-81 1, modified.

Cross-reference:  Article XI of the Constitution of the State of Yap sets forth Legislature Election Districts and authorizes reapportionment.  Article XI states:
 
     "Section 1.  The first election district shall be Yap Islands Proper and shall have six members.
      Section 2.  The second election district shall be Ulithi Atoll, Fais Island, Sorol Atoll and Ngulu Atoll and shall have one member.
      Section 3.  The third election district shall be Woleai Atoll and shall have one member.
      Section 4.  The fourth election district shall be Eauripik Atoll, Faraulep Atoll and Ifaluk Atoll and shall have one member.
      Section 5.  The fifth election district shall be Satawal Island, Lamotrek Atoll and Elato Atoll and shall have one member.
      Section 6.  At least every 10 years the Legislature shall reapportion itself into election districts.  Each district shall be approximately equal in population per member after giving due regard to the social and geographical configuration of the State."