FSMC, TITLE 9.  NATIONAL ELECTIONS

CHAPTER 4
Registration

SECTIONS

§ 401. National Voter Register.
§ 402. Registration required; Re-registration prohibited.
§ 403. Eligibility to register; Place of registration and voting.
§ 404. Registration procedures.
§ 405. Change of registration.
§ 406. Student registration.

Editor’s note: Chapter 4 of this title on Registration was enacted by section 30 of PL 14-76.

§ 401. National Voter Register.

(1) There shall be one unified National Voter Register for all of the Federated States of Micronesia, which shall consist of the full name, date of birth, sex, State, Congressional Election District and Municipality of residence, registration number and other identifying information that the National Election Director deems appropriate, of all Registered Voters who are currently eligible to vote.

(2) A Registered Voter shall only have one entry on the National Voter Register.

(3) The National Election Director shall be responsible for creating, maintaining and preserving the National Voter Register with the assistance of the national election commissioners.

(4) The National Voter Register shall be used to generate the Signature Lists for the various Polling Places.

(5) Reconciling State Voter Register.

(a) On a periodic basis, the National Election Director shall reconcile the National Voter Register with the State Voter Register thereby ensuring that all Registered Voters on the State Voter Registers are also listed on the National Voter Register.

(b) Thirty days before a National Election, the National Election Director shall perform a final reconciliation of the State and National Voter Registers before the Signature Lists are generated from the National Voter Register.

(c) When reconciling the State Voter Register with the National Voter Register, the National Election Director shall ensure that a Registered Voter has only one entry on the National Voter Register pursuant to subsection (2) of this section.

(6) The National Voter Register shall be open to public inspection at all times during normal business hours.

Source: PL 14-76 § 31.

§ 402. Registration required; Re-registration prohibited.

(1) No person shall be entitled to vote in any National Election, or to be listed upon the National Voter Register, or upon any Signature List, who fails to register to vote with the National Election Office or State Election Office at least 30 days prior to Election Day.

(2) A person having once been registered with the National Election Office or State Election Office shall not re-register, or be required to re-register, in a National Election, except:

(a) in case of change of name or residence, as specified in section 405 of this chapter; or

(b) in the event voting records are lost or destroyed, the National Election Director may require the re-registration of those voters whose records are lost or destroyed.

Source: PL 14-76 § 32.

§ 403. Eligibility to register; Place of registration and voting.

(1) Every Citizen who fulfills the requirements enumerated in section 103 of this title may register to vote in the National Elections in the State, Congressional Election District and Municipality in which he or she currently resides.

(2) Except as provided in section 406 of this chapter, a person shall register to vote at a National Election Office or State Election Office in the State in which the person is a Resident. The national election commissioners, with the approval of the National Election Director, may designate other locations within a State where a person may register to vote or may conduct mobile registration drives.

(3) No person shall register to vote in National Elections in any State, Congressional Election District or Municipality other than the one in which he or she currently resides.

(4) Once a person has registered to vote in National Elections in a State and Congressional Election District, he or she shall not vote in a National Election for another State or Congressional Election District without first filing a change of registration request form and receiving written notice of approval of that request pursuant to section 405 of this chapter.

(5) Except as provided in chapter 6 of this title, no person shall vote in National Elections in any State, Congressional Election District or Municipality other than the one in which he or she currently resides; provided, however, that where there is a mistake in placing the name of a voter on the Signature List of a Polling Place in a State, Congressional Election District or Municipality in which he or she does not reside, such voter shall nevertheless be allowed to vote therein, if otherwise qualified. The election board member of the particular Polling Place where such voter has voted shall notify the national election commissioner of the affected State of the error in order that such voter shall be placed on the correct Signature List for the next National Election.

(6) If a person is a Resident of more than one State, or resides in more than one Congressional Election District, he or she may choose in which State or Congressional Election District to register to vote for National Elections, but he or she shall register to vote in only one State and Congressional Election District.

Source: PL 14-76 § 33.

§ 404. Registration procedures.

(1) A person desiring to register to vote in National Elections shall complete such applications and affidavits, take such oaths, and present such personal documentation and witnesses, as required by the rules and regulations promulgated by the National Election Director pursuant to this title.

(2) Regardless of the place of registration, all completed applications and affidavits of registration shall be transmitted to the national election commissioner of the relevant state for final approval and entry onto the National Voter Register.

(3) Every completed application or affidavit of registration shall be maintained and preserved at the National Election Office of the State of registration until such time as the Registered Voter who completed the application or affidavit is deceased or is otherwise no longer eligible to vote.

(4) All completed applications and affidavits of registration shall be open to public inspection during regular business hours.

(5) The National Election Director may issue Voter Identification Cards to all Registered Voters at or after the time of registration. All Voter Identification Cards shall be issued free of charge, provided that, there shall be a charge in an amount to be set out in the rules and regulations promulgated pursuant to this title for issuing a Registered Voter with a replacement Voter Identification Card. Upon issuing a Voter Identification Card to a Registered Voter, the National Election Director, or his or her designee, shall make a notation next to that Registered Voter's entry on the National Voter Register. A Registered Voter who has been issued a Voter Identification Card must present that card before being issued a ballot at his or her Polling Place.

Source: PL 14-76 § 34.

§ 405. Change of registration.

(1) Any Registered Voter who changes his or her Congressional Election District or Municipality of residency, but not his or her State of residency, or who changes his or her name after registration, must file a change of registration request form and supporting documentation, as required by the rules and regulations promulgated pursuant to this title, with the national election commissioner of his or her State.

(2) Any Registered Voter who (a) changes his or her State of residency, and (b) wishes to register to vote in National Elections in his or her new State of residency, must file a change of registration request form and supporting documentation, as required by the rules and regulations promulgated pursuant to this title, with the national election commissioner of the new State of residence.

(3) Upon receipt of a change of registration form under subsection (1) of this section, the national election commissioner shall determine whether the Registered Voter has submitted sufficient proof of his or her change in name or residency. Upon making this determination, the national election commissioner shall cause the entry on the National Voter Register for that Registered Voter to be amended in order to reflect the change in name or residency.

(4) Upon receipt of a change of registration form under subsection (2) of this section, the national election commissioner of the new State of residence shall

(a) determine whether the Registered Voter has submitted sufficient proof of his or her change in residency, and

(b) verify the voter's registration in the former State of residence with the national election commissioner of the former State of residence.

Upon verification of change in residency and of prior registration, the national election commissioner of the new State of residence shall cause the entry on the National Voter Register for that Registered Voter to be amended to reflect the change in residency, and advise the national election commissioner of the former State of residence to remove the Registered Voter from any lists maintained in that State.

(5) Upon approving a change in residency or name pursuant to subsections (3) and (4) of this section, the national election commissioner processing the request shall notify the Registered Voter of the approval in writing.

(6) Change of registration forms received by the national election commissioners less than 30 days before a National Election shall not be accepted for that election.

Source: PL 14-76 § 35.

§ 406. Student registration.

A Student currently enrolled at an institution of learning outside his or her State of residency shall not be required to register in person in his or her State of residency, but such student shall submit any applications, affidavits and other documentation required by the rules and regulations promulgated pursuant to this title to the national election commissioner of his or her State of residency.

Source: PL 14-76 § 36.