2002 Micronesian constitutional referendum

A constitutional referendum was held in the Federated States of Micronesia on 27 August 2002. Voters were asked whether they approved of 14 separate amendments to the country's constitution. To be approved, the proposal required at least 75% of voters in at least three of the four states to vote in favour.[1] Ultimately all 14 proposals were rejected, as none passed the 75% threshold in any state.

Politics of the Federated States of Micronesia
Constitution
Executive
Legislative
Elections
Judiciary
Administrative divisions
Foreign relations
  • Ministry of Foreign Affairs
    Minister: Kandhi A. Elieisar

Background

The Micronesian constitution requires a referendum to be held every 10 years on convening a constitutional convention.[1] Such a referendum had been held in 1999, with a majority in favour of a convention.[1] A Constitutional Convention was subsequently elected in 2001. It sat from 12 November until 26 December 2001 and proposed 14 constitutional amendments.[1]

On 8 March 2002 President Leo Falcam proposed holding a referendum on two proposals (electoral system and direct election of the president and vice president) on 27 August and the remaining eleven proposals to be held alongside the 2003 parliamentary elections.[1] However, he changed the plans on 19 April so that all 14 proposals would be put to voters on the same day.[1]

Proposed constitutional amendments
Ref no. Proposal
CP 01-01To amend Article XI, section 2 of the Constitution of the Federated States of Micronesia, to require that a minimum of four justices shall serve on the bench of the FSM Supreme Court; to require that at least one justice reside in each of the four states; and to provide that the Chief Justice may appoint a justice pro tem if a vacancy that causes the total number of justices to fall below four is not filled within one year.[1]
CP 01-02To amend Article III, sections 1, 2, 3, 4 and 5 of the Constitution of the Federated States of Micronesia to allow FSM citizens to hold dual citizenship.[2]
CP 01-05To amend Article XI, sections 6(a) and 6(b) of the Constitution of the Federated States of Micronesia by deleting the words "including the trial division of the Supreme Court" and inserting an exception to the relevant Article that will prohibit or strip the National Courts of any jurisdiction whatsoever in cases where ownership of land and waters are at issue regardless of the diversity of citizenship.[3]
CP 01-07To enact a new section 8 of Article XIII of the Constitution of the Federated States of Micronesia, to provide for full faith and credit among the States.[4]
CP 01-08To enact a new section 4 of Article XII of the Constitution of the Federated States of Micronesia, to create the Office of the Independent Prosecutor.[5]
CP 01-09To enact a new section 8 of Article X of the Constitution of the Federated States of Micronesia, to provide for a continual annuity for former Presidents and Vice Presidents and to renumber sections 8 and 9.[6]
CP 01-11To amend Article XIII, section 1 of the Constitution of the Federated States of Micronesia, to require the National Government to establish certain standards for primary and secondary schools and to establish a fund to help the schools meet those standards.[7]
CP 01-13To amend Article IX, section 3 of the Constitution of the Federated States of Micronesia by enacting a new subsection (d) for the purpose of conferring on the National Government and State Governments the concurrent power to levy value-added taxes.[8]
CP 01-15To amend Article IX, section 5 of the Constitution of the Federated States of Micronesia for the purpose of altering the distribution of tax revenue between the National Government and the States to increase the States' share of revenue from not less than 50 percent to not less than 80 percent.[9]
CP 01-16To amend Article IX, section 8 of the Constitution of the Federated States of Micronesia, to provide for the number of at large members and the length of terms of members of Congress, and a limitation on the number of years a member of Congress may serve.[10]
CP 01-21To amend Article X, sections 1, 4, 5 and 6 of the Constitution of the Federated States of Micronesia, to provide for direct election of the President and Vice President.[11]
CP 01-24To amend Article XII, section 1(b) of the Constitution of the Federated States of Micronesia, relating to foreign financial assistance.[12]
CP 01-25To amend Article IX, sections 8 and 20 of the Constitution of the Federated States of Micronesia, to provide for the number of votes required to pass a bill on First and Second Readings.[13]
CP 01-26To amend Article IX, subsection 2(q) of the Constitution of the Federated States of Micronesia, to provide for the number of votes required to override a Presidential veto.[14]

Results
Proposal For Against Invalid/
blank votes		 Total
votes		 Registered
voters		 Turnout
Votes % States Votes % States
CP 01-017,52752.2306,88547.77453615,00567,09922.36
CP 01-027,73954.1406,55545.864711
CP 01-057,72853.6906,66646.314611
CP 01-077,71853.5806,68646.424601
CP 01-087,60053.8406,51646.164889
CP 01-093,75725.89010,75274.114496
CP 01-119,03763.3005,23936.704729
CP 01-137,28450.4907,14249.514579
CP 01-158,26357.5006,10842.504634
CP 01-166,21043.1408,18656.864609
CP 01-217,58952.8706,76547.134651
CP 01-248,00153.9206,83746.084167
CP 01-257,15449.8507,19750.154654
CP 01-267,55553.2406,63546.764815

References
  1. Federated States of Micronesia, 27 August 2002: At least four judges in the Supreme Court, at least one per state Direct Democracy (in German)
  2. Federated States of Micronesia, 27 August 2002: Dual citizenship Direct Democracy (in German)
  3. Federated States of Micronesia, 27 August 2002: Oberstes Gericht befindet nicht mehr über Land- und Wasserfragen Direct Democracy (in German)
  4. Federated States of Micronesia, 27 August 2002: Verbindlichkeit der Entscheidungen der Staaten untereinander Direct Democracy (in German)
  5. Federated States of Micronesia, 27 August 2002: Introduction of an Ombudsman Direct Democracy (in German)
  6. Federated States of Micronesia, 27 August 2002: Renten für ehemalige Präsidenten und Vizepräsidenten Direct Democracy (in German)
  7. Federated States of Micronesia, 27 August 2002: Bildungsziele und nötige Mittel dazu Direct Democracy (in German)
  8. Federated States of Micronesia, 27 August 2002: Bund und Staaten dürfen Mehrwertsteuer erheben Direct Democracy (in German)
  9. Federated States of Micronesia, 27 August 2002: Proportion of tax revenues to states to at least 80% Direct Democracy (in German)
  10. Federated States of Micronesia, 27 August 2002: Size of congress and term length restrictions Direct Democracy (in German)
  11. Federated States of Micronesia, 27 August 2002: Direct election of the president and vice president Direct Democracy (in German)
  12. Federated States of Micronesia, 27 August 2002: Verteilung ausländischer Finanzhilfe Direct Democracy (in German)
  13. Federated States of Micronesia, 27 August 2002: Majority for laws in the second reading Direct Democracy (in German)
  14. Federated States of Micronesia, 27 August 2002: Majority to overturn a presidential veto Direct Democracy (in German)
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