Chapter 05 - Conduct of Elections

Chapter 05 - Conduct of Elections

6.0501 Proclamations.


(a) Not later than 4:30 p.m. on the 10th day prior to the close of filing in elections involving Territorial offices, the Chief Election Officer shall issue an election proclamation.

(b) The proclamation shall contain a statement of the time and places where and the purposes for which the election is to be held, and a designation of the offices and the terms thereof for which candidates are to be elected. It may also contain any other relevant matter including an offer of rewards for the detection and conviction of offenders against the election laws. The Chief Election Officer shall cause the election proclamation to be published at least once in a newspaper or bulletin of general circulation not later than the 10th day prior to the close of filing.

6.0502 Polling places.


(a) The Chief Election Officer shall specify one or more polling places in each representative district. Schools, police stations, fire stations, and other publicly owned or controlled buildings shall, whenever possible and convenient, be used as polling places. The Chief Election Officer shall make arrangements for the rental or erection of suitable shelters for this purpose whenever public buildings are not available and shall cause those polling places to be equipped with the necessary facilities for lighting, ventilation, and equipment needed for elections on any island. It is lawful for the Chief Election Officer to establish a central polling area for contiguous districts notwithstanding district boundaries, when it is convenient and readily accessible for the qualified electors of the district involved.

(b) Before the establishment of any central polling area, the Chief Election Officer shall publish a notice once in a newspaper or bulletin of general circulation. The notice shall state the time and place of a hearing under 4.1001 et seq. After the hearing, a rule shall be issued establishing the central polling place.

(c) No change shall be made in the boundaries of any district nor shall a central polling area be established later than 4:30 p.m. on the 90th day prior to an election.

(d) Notwithstanding subsection (c), if the Chief Election Officer determines that the number of candidates or issues on the ballot in a special, general, or runoff election do not require the full number of established districts, the districts may be consolidated for the purposes of the special or general election. A consolidated district shall be considered the same as an established district for all purposes, including district official requirements. Not later than 4:30 p.m. on the 10th day prior to the election, the Chief Election Officer shall give public notice in a newspaper or bulletin of general circulation or by TV or radio in the area in which the election is to be held of the location of the election districts and their polling places. Notices of any consolidation shall also be posted on election day at the established district polling place giving the location of the consolidated election district polling place.

6.0503 Exemptions of qualified electors on election day.


Every qualified elector shall be privileged from arrest on election day while at his polling place and in going to and returning therefrom, except in case of breach of the peace then committed, or in case of treason or felony.

6.0504 Employees entitled to leave on election day for voting.


Any qualified elector shall on the day of the election be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of 2 consecutive hours (excluding any lunch or rest periods) between the time of opening and closing the polls. The qualified elector shall not because of so absenting himself be liable to any penalty, nor shall any deduction be made on account of the absence from his usual salary or wages; provided, that the foregoing shall not be applicable to any employee whose hours of employment are such that he has a period of 2 consecutive hours (excluding any lunch or rest periods) between the time of opening and closing the polls when he is not working for his employer. If, however, any employee fails to vote after taking time off for that purpose the employer, upon verification of that fact, may make appropriate deductions from the salary or wages of the employee for the period during which the employee is entitled to be absent from his employment. Presentation of a qualified elector’s receipt by an employee to his employer shall constitute proof of voting by the employee. Any person violating this section is guilty of an offense under 6.1207.

6.0505 Records prima facie evidence.


Every record made under law by the board of registration, or the district officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which it is offered in evidence.

6.0506 Records open to inspection.


The register of qualified electors and all appertaining to the registry of qualified electors, or to any election, in the possession of the board of registration, the district officials, or the Chief Election Officer shall, at all reasonable times, be open to the inspection of any qualified elector.

6.0507 Forms and materials used in elections.


Books, blanks, records, certificates, and other forms and materials required by chapters 01 through 12 of this title shall be of uniform character suitable for the voting system in use and shall be prescribed by the Chief Election Officer.