Recounts and Appeals

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 Election Commissioner or the board of election of the election district in which the recount is requested. Such petition shall contain a statement sworn to before a notary public or other person authorized to administer oaths that the petitioner has reason to believe and does believe that the records or copies of records made by the board of election of such district are erroneous, specifying wherein he deems such records or copies thereof to be in error or the votes were cast by persons no entitled to vote therein, and that he believes that a recount of the ballots cast in the election district will affect the election of one or more candidates voted for at such election. The petition may not be filed later than one week after the election at which the votes were cast unless such filing is prevented by circumstances beyond the control of the petitioner.

Cross-reference: Article IV, Section 4 of the Yap State Constitution provides that: "Contested elections shall be determined by the State Court in such manner as may be prescribed by law." Section 1001 of this chapter is on petition for recount, filing, and contents.

	YSC, Title 7. Elections
	Chapter 10. Recounts and Appeals §1001. Petition for recount; filing; contents. §1002. Recommendation to be made by board of election. §1003. Denial of petition; appeal to State Court. §1004. Approval of petition; notice of recount. §1005. Recount by counting and tabulating committee; procedure; results. §1001. Petition for recount; filing; contents. 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 Election Commissioner or the board of election of the election district in which the recount is requested. Such petition shall contain a statement sworn to before a notary public or other person authorized to administer oaths that the petitioner has reason to believe and does believe that the records or copies of records made by the board of election of such district are erroneous, specifying wherein he deems such records or copies thereof to be in error or the votes were cast by persons no entitled to vote therein, and that he believes that a recount of the ballots cast in the election district will affect the election of one or more candidates voted for at such election. The petition may not be filed later than one week after the election at which the votes were cast unless such filing is prevented by circumstances beyond the control of the petitioner. Source: YSL 2-81 §1, modified. §1002. Recommendation to be made by board of election. If a petition for recount is filed with a board of election, the board shall recommend to the Election commissioner within three days from receipt of the petition whether the recount shall take place. Source: YSL 2-81 §1, modified. §1003. Denial of petition; appeal to State Court. (a) If the Election Commissioner decides not to approve the petition and grant the recount, he shall record the reasons for such decision. The aggrieved candidate may, within five days after receipt of the decision of the Election Commissioner, appeal his case to the State Court. The State Court shall review the appeal promptly and render a decision. If the decision is in favor of the recount, the Election Commissioner shall be so notified and shall proceed as provided in sections 1004 and 1005 of this chapter. (b) Appeals may be made in the manner prescribed in subsection (a) of this section from any decision of the Election Commissioner concerning a ruling of an election board with respect to a challenge affecting the acceptability of a vote or votes. A petition hereunder for appeal shall contain the information specified in section 1001 of this chapter for a petition for recount. A decision of the State Court in favor of the petitioner may have the effect of disallowing the challenged votes but shall not halt or delay balloting or counting and tabulating. Source: YSL 2-81 §1, modified. Cross-reference: Article IV, Section 4 of the Yap State Constitution provides that: "Contested elections shall be determined by the State Court in such manner as may be prescribed by law." Section 1001 of this chapter is on petition for recount, filing, and contents. §1004. Approval of petition; notice of recount. Regardless of whether a petition for recount is first filed with a board of election or with the Election Commissioner, if the Election Commissioner determines that there is a substantial question of fraud or error and that there is a substantial possibility that the outcome of the election would be affected by a recount, he shall cause notice of the recount to be given in a manner decided by him. Source: YSL 2-81 §1, modified. §1005. Recount by counting and tabulating committee; procedure; results. The recount shall be held by the counting and tabulating committee within ten days after the decision of the Election Commissioner and shall be public. The counting and tabulating committee shall make certificates of such determination under oath showing the result of the election and what persons were declared elected to fill office, one of which shall be filed with the Election Commissioner, one with each board of election concerned, and one with the person filing the petition for recount. Source: YSL 2-81 §1, modified.