Number of levels of adjudication
Micronesia, Federated States of
NationalElections, Chapter 9: Procedure for Recounts and Appeals
NationalElections, Chapter 9: Procedure for Recounts and Appeals
? 902. Filing time frames.
A petition for a recount must be filed within one week of certificationof the results of the election. Any other petition challenging theacceptability of a vote or votes must be filed prior to certification of theresults of the election or within one week of the election, whichever occursfirst. The winning candidate shall have one week to respond to thepetition. The National ElectionDirector shall then have10 days to decide whether to approve the petition. If the National Election Director decides notto approve the petition, he shall record the reasons for such decision.
? 903. Denial of petition -- Appeal to Supreme Court.
(1) Theaggrieved candidate may, within five days after receipt of the decision of the National ElectionDirector, appeal his case to the Appellate Division of the Supreme Court. The Appellate Division of the Supreme Courtshall review the appeal to determine if the decision by the National ElectionDirector was:
(a) Arbitrary, capricious,an abuse of discretion, or otherwise not in accordance with law;
(b) In excessof statutory jurisdiction, authority, or limitations, or a denial of legalrights;
(c) Withoutsubstantial compliance with the procedures required by law; or
(d) Unwarrantedby the facts.
If the decisionis in favour of a recount, the National Election Director shall be so notifiedand shall proceed as provided in sections 904 and 905 of this title.
(2)Appeals may be had in the manner prescribed insection 902 and subsection (1) of this section from any decision of theNational Election Director with respect to a challenge affecting theacceptability of a vote or votes. Apetition under this section for appeal shall contain the information specifiedin section 901 of this title for a petition for a recount. A decision of the Appellate Division of theSupreme Court in favour of the petitioner may have the effect of disallowingthe challenged votes but shall not halt or delay balloting or counting andtabulating
