Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution
b . Separate legislation
Comments:
Electoral law outlined in the constitution Article 6 and 9, also governed by detailed electoral codes.
Source:
Constitution of the Federated States of Micronesia Art. 6; Art. 9, Section 8, 9, 10, 11: http://www.fsmlaw.org/fsm/constitution/constitution.htm
The National Election Code: http://www.fsmlaw.org/fsm/code/
Verified:
2025/03/28
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
Only national election is mentioned in the constitution.
Source:
Constitution of the Federated States of Micronesia Art. 6; Art. 9, Section 8, 9, 10, 11: http://www.fsmlaw.org/fsm/constitution/constitution.htm
The National Election Code: http://www.fsmlaw.org/fsm/code/
Verified:
2025/03/28
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Eligible Voters:
Every Citizen of the Federated States of Micronesia is eligible to vote in a National Election if he or she has fulfilled the following requirements:
(1) is 18 years of age or older on the day of the election;
(2) is a resident or domiciliary of the State of Kosrae, Pohnpei, Chuuk, or Yap and a registered voter therein for at least 30 days immediately preceding the election;
(3) is not currently under a judgment of mental incompetency or insanity;
(4) is not currently under parole, probation, or sentence for any felony for which he or she has been convicted by any court of the Federated States of Micronesia, the Trust Territory, or any court within the jurisdiction of the United States; and
(5) is not currently disqualified to vote under section 305 of this title.
Source:
Constitution of the Federated States of Micronesia Art. 6, Section 1: http://www.fsmlaw.org/fsm/constitution/constitution.htm
The National Election Code, Title. 9, Section 102: http://www.fsmlaw.org/fsm/code/title09/T09_Ch01.htm
Verified:
2025/03/28
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments:
A petition for recount may be filed by any candidate in an election who believes that there was fraud or error committed in the casting, canvassing, or return of the votes cast at said election. The petition shall be filed with the National Election Director.
Source:
The National Election Code, Title 9, Section 901 (1): http://www.fsmlaw.org/fsm/code/title09/T09_Ch09.htm
Verified:
2025/03/28
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