First instance body dealing with electoral disputes

Micronesia, Federated States of

Micronesia, Federated States of

Answer
EMB (highest level)
Source

NationalElections, Chapter 9: Procedure for Recounts and Appeals

? 901.  Petition for recount

A petition forrecount may be filed by any candidate in an election who believes that therewas fraud or errors committed in the casting, canvassing, or return of thevotes cast at said election.  Thepetition shall be filed with the National Election Director.  Such petition shall contain a statement thatthe petitioner has reason to believe and does believe that the records orcopies of records made by the board of election of such district are erroneous,specifying wherein he or she deems such records or copies thereof to be inerror, or that votes were cast by persons not entitled to vote therein, andthat he or she believes that a recount of the ballots cast in the district willaffect the election of one or more candidates voted for at such election

? 906.  Irregularities not correctable by recount.

In the event ofelection irregularities which cannot be corrected by recount, a candidate maypetition for an election to be set aside and done over, either in a district asa whole or in the portion thereof where the irregularities took place.  The procedures for the filing of suchpetition, action thereon, and appeal of its denial shall be the same as suchprocedures for a petition for recount.  Apetition made pursuant to this section shall not be granted unless thepetitioner proves it is more likely than not that the irregularities complainedof could have resulted in the election of a candidate who would not have wonhad the irregularities not occurred. 

 

http://www.fsmlaw.org/fsm/code/title09/T09_Ch09.htm

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