Constitutional dispute could affect election results

Author: Eoghan Olkeriil Ngirudelsang

• Palau Elections: Former President Tommy Remengesau Jr.’s eligibility to run in the 2024 election is under review due to term limits.
• Potential legal battles: If disqualified, Remengesau could challenge the Palau Election Commission’s decision in court, which could delay election preparations and affect absentee ballots.
• Impact on election results: Delays in ballot printing and manual counting could affect voter turnout, especially among absentee voters, and thus affect the final election results.
• Public Debate: The interpretation of Palau’s constitution regarding term limits is a significant issue that could have long-term implications for the country’s electoral process.

Palau Koror — A court may have to decide whether presidential candidate Tommy Remengesau Jr.’s name will appear on the ballot for the general election scheduled for Nov. 12, 2024.

At stake is the interpretation of the Palau Constitution, specifically Article 8, Section 5, which states that “a person shall not serve as President for more than two consecutive terms.” Remengesau served as President of Palau from 2000 to 2008, running for President again in 2012 after a four-year hiatus. The Palau Electoral Commission (PEC) Board of Directors allowed him to run in 2012 based on an interpretation of the Constitution that two consecutive terms of eight years each would allow Remengesau to run again after the hiatus. This interpretation allowed him to serve two more terms in 2012 and 2016, for a total of 16 years.

However, there is a potential contradiction in this election cycle. If the PEC allows Remengesso to run again, this may contradict their previous explanation, as it would exceed the two-term limit they originally defined. Remengesso’s candidacy has not yet been certified by the PEC.

The controversy escalated 24 days ago when Senator Inabo formally asked PEC Chairman Ushi Lui to disqualify Remengesau from the race. The PEC is currently awaiting guidance from the Attorney General on the legal implications.

effort Island Times PEC board minutes on this issue could not be obtained. The PEC said in an email that “all minutes of PEC board meetings must be obtained by subpoena.”

Responding to calls for his disqualification, Remengesau expressed confidence in his candidacy and said he and his team conducted thorough research and obtained legal advice before taking action.

If the electoral commission disqualifies Remengesso, he has two options: run as a candidate or challenge it in court. If Remengesso’s candidacy is rejected, it could lead to a legal battle that could delay election preparations. In the past, court rulings on such issues have taken weeks, which could delay key election preparations, including ballot printing.

Any delays in ballot printing and distribution could also affect absentee voters. Absentee ballots may not reach voters outside Palau in time. By law, absentee ballots must be returned within seven days of the election in order to be counted. Delays could also cause many absentee ballots to be disqualified.

Both presidential candidates have focused much of their campaign efforts on absentee voters. However, any delays in ballot printing could jeopardize the timely return of those ballots, potentially affecting the final count. In addition, delays could force the PEC to conduct a manual count, as the commission’s electronic counting machines need to be pre-programmed with the final votes.

The constitutional question of whether a person can serve more than two terms as president has sparked widespread public debate, and many saw this election as an opportunity for the courts to clarify this important issue.

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