Chapter 8. Conduct of
Elections
801. Polling places to be supervised.
802. Polling places to be properly equipped and supplied.
803. Proclamation on opening of polls.
804. Reporting of name of voter; register to be checked.
805. Campaigning, alcoholic beverages sale at polling places prohibited.
806. Poll watchers allowed.
807. Ballot area.
808. Reception of ballot.
809. Marking ballot.
810. Return of ballot.
811. Assistance in marking ballot.
812. Cancellation of spoiled ballot.
813. Return of ballot.
814. Accounting of ballots.
815. Inquiry on vote at polling place.
816. Removal of ballot box.
817. Closing of polls.
818. Election irregularity; complaint; procedure.
819. Disposition of ballot boxes after voting complete.
The Election Commissioner shall
ensure that polling places are supervised by the election board and such
other officials as the Election Commissioner shall deem necessary, who
must be present at the designated polling places during the election.
Only one poll worker may be absent from a polling place at any time
while the polling place is open. Public schools and other public
places shall be utilized insofar as practicable as polling places.
Rent shall not be charged or paid for the use
thereof.
Source: YSL 2-81 1, modified.
Cross-reference: The Legislature is authorized to prescribe the method of voting at elections pursuant to Yap Const., Art. IV, Sect. 2.
Each polling place shall be provided
with necessary ballot boxes, locks, official ballots, cards of
instructions, pencils, registered voters lists, papers, and other
necessary supplies.
Source: YSL 2-81 1, modified.
At exactly seven o'clock a.m., of the
day of the election, a member of the election board shall proclaim aloud
at each place of election that the polls are open, and shall be kept open
until seven o'clock p.m., of the same day, after which time the polls
shall be closed; provided, that, if at the hour of closing there are any
other voters in the polling place, or in line at the door, who are
qualified to vote and have not been able to do so since appearing, the
polls shall be kept open for sufficient time to enable them to vote;
provided further, that, if all registered voters appearing on a registered
voter's list for any polling place have voted, that polling place may
close irrespective of the time of day.
Source: YSL 2-81 1, modified.
Cross-reference: The constitutional provision on the date of general elections is found in Yap Const., Art. IV, Sect. 3. That section states in pertinent part: "General elections shall be held on the first Tuesday following the first Monday in November in an even numbered year every four years; PROVIDED, in the event of a natural disaster or other Acts of God, the effect which precludes holding the election on the foregoing date, the Governor may proclaim a later election to be held within sixty days. . . ."
Any person appearing in the polling
place shall report his name, in full, and his address to the election
officials. An election official shall clearly and audibly announce
them. Another election official shall then check the register of
voters as to whether or not the person appearing is a registered voter,
and if so, shall announce the name and address appearing in the register.
At this point, a challenge may be interposed on the ground that the
ballot is subject to challenge under the law, rules or regulations issued
by the Election Commissioner. Voting shall then proceed in
accordance with procedures prescribed by the Election Commissioner,
however, all voting shall be by secret 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."
No campaigning shall be conducted
within 100 feet of a ballot box on election day and no alcoholic beverages
shall be sold, or otherwise provided to any person during election day
while the polls are open. No candidate shall be allowed within 100
feet of any ballot box except for the purpose of casting his ballot.
There shall be no campaigning over any state broadcast station on
election day.
Source: YSL 2-81 1, modified.
Cross-reference: The statutory provisions on Alcoholic Beverages is found in Title 30 of this Code.
Each candidate shall be entitled to
have one poll watcher at each polling place.
Source: YSL 2-81 1, modified.
An area where a ballot is marked
shall not be occupied by more than one person at a time. A voter
shall not remain in or occupy such area longer than is reasonably
necessary to prepare his ballot, which shall not exceed five
minutes.
Source: YSL 2-81 1, modified.
On receiving his ballot, the voter
shall without delay directly retire along to an area provided to prepare
his ballot.
Source: YSL 2-81 1, modified.
The voter shall place a check ( /) or
across (X) mark in a space on the ballot after the name of a candidate for
whom he intends to vote. A voter shall not place his voting marks in
excess of the number of candidates who are to be
elected. Instead of marking a space a voter may vote by writing the
name of a person whose name does not appear on the ballot in a space
provided for such purpose.
Source: YSL 2-81 1, modified.
Cross-reference: The statutory provision on write-in votes is found in section 909 of this title.
After marking a ballot, a voter shall
fold his ballot in such a manner as not to display his markings and shall
then deposit his ballot in the ballot box.
Source: YSL 2-81 1, modified.
When a voter has declared under oath
administered by an election official at the time he appears at the polling
place to vote that he is then unable to mark his ballot because he cannot
read or write; or that by reason of physical disability he is unable to
mark his ballot, he shall receive the assistance of not less than two
election officials.
Source: YSL 2-81 1, modified.
The officials at the polls shall
immediately cancel all spoiled ballots returned by drawing a cross upon
the face in ink or indelible pencil and these, and those not distributed
to the voters, shall be returned with the register list and
ballots.
Source: YSL 2-81 1, modified.
A voter who does not deposit his
ballot in the ballot box shall before leaving the polling place return it
to an election official in charge of the ballots, who shall immediately
cancel the ballot and return it in the same manner as a spoiled
ballot.
Source: YSL 2-81 1, modified.
Every precinct board shall account
for the ballots delivered to it. The ballots shall be accounted for
by reconciling the number of ballots cast, returned unused and spoiled
against the number of ballots delivered. The Election Commissioner,
upon receiving the returned ballots, shall require such an
accounting.
Source: YSL 2-81 1, modified.
No person shall ask another person at
a polling place as to which candidate he intends to vote for unless
otherwise provided by this title.
Source: YSL 2-81 1, modified.
Unless otherwise provided by this
title, no person shall remove any ballot box from any polling place before
the closing time of the polls.
Source: YSL 2-81 1, modified.
Immediately upon the closing of the
polls and before any ballot is taken from any of the ballot boxes for
tabulation, the election officials of each polling place shall, in the
presence of all authorized poll watchers, proceed to deface all unused
ballots including spoiled ballots by drawing a cross mark on the face of
such ballots and shall place them within an envelope and seal the
envelope, and a majority of the election officials of the polling place
shall affix their signatures thereupon. Such ballots shall be
transmitted, along with the ballot boxes and other supplies provided to
the polling place, to the Election Commissioner or his duly authorized
representative by the safest and most expeditious means
available.
Source: YSL 2-81 1, modified.
Any person may file an oral or
written complaint on any election irregularity with a member of the
election board present at the polling place. The board member shall
give an individual against whom the complaint is made time to present
witnesses and explanation, if any, but in no event shall such time be
granted so as to prevent the election board from making
decision prior to the time for the closing of the polls.
The complainant or the individual against whom the complaint is made
may appeal the decision to the Election commissioner or his designated
representative. The Election Commissioner, or his said
representative shall, as soon as possible, examine the finding of the
election board and may hear witnesses, if he deems necessary. The
Election Commissioner or his said representative shall make his decision
prior to the time of the closing of the polls, and the aggrieved party may
appeal the decision in accordance with section 1003 of this title.
In the event the decision of the Election Commissioner or his
designated representative cannot be obtained as heretofore provided, the
aggrieved party may appeal the decision of the election board in
accordance with section 1003 of this title.
Source: YSL 2-81 1, modified.
Cross-reference: Section 1003 of this title is on denial of petition and appeal to State Court.
After all voting is completed, all
ballot boxes shall be secured and locked. The locked boxes and all
other supplies provided to the polling places by the Election Commissioner
shall be collected by election officials and delivered to the Election
Commissioner or his duly authorized representative by the safest and most
expeditious means available and be certified to the Election Commissioner
that the ballots so delivered were cast in accordance with the provisions
of this title.
Source: YSL 2-81 1, modified.