By: Eoghan Olkeriil Ngirudelsang
- Palau Election: The eligibility of former President Tommy Remengesau Jr. for the 2024 election is under review due to term limits.
- Potential Legal Battle: If disqualified, Remengesau may challenge the Palau Election Commission’s decision in court, possibly delaying election preparations and affecting absentee ballots.
- Impact on Election Outcomes: Delays in ballot printing and manual vote counting could affect voter turnout, particularly among absentee voters, influencing the final election results.
- Public Debate: The interpretation of Palau’s constitution regarding term limits is a significant issue, with potential long-term implications for the country’s electoral process.
Koror, Palau — A court may have to decide whether presidential candidate Tommy Remengesau Jr.’s name will appear on the ballot in the upcoming general election set for November 12, 2024.
The crux of the matter lies in the interpretation of the Palau Constitution, specifically Article VIII, Section 5, which states, “A person may not serve as President for more than two consecutive terms.” Remengesau, who previously served as Palau’s president from 2000 to 2008, ran for the presidency again in 2012 after a four-year hiatus. The Palau Election Commission (PEC) Board allowed his candidacy in 2012 based on their interpretation of the constitution, assuming that two consecutive terms, spanning eight years each, would permit Remengesau to run again after a break. This interpretation allowed him to serve additional terms in 2012 and 2016, totaling 16 years in office.
However, this election cycle presents a potential contradiction. If the PEC permits Remengesau to run again, it may contradict their previous interpretation, as it would exceed the two-term limit they originally defined. Remengesau’s candidacy is yet to be certified by PEC.
The dispute gained momentum when Senator Inabo formally requested, 24 days ago, that PEC Chairperson Ush Luii disqualify Remengesau from the race. The PEC is currently awaiting guidance from the Attorney General on the legal implications.
Efforts by Island Times to obtain PEC board meeting minutes regarding this issue were unsuccessful. The PEC stated in an email that “all minutes of PEC board meetings must be requested by subpoena.”
Responding to calls for his disqualification, Remengesau expressed confidence in his eligibility, stating that he and his team conducted thorough research and obtained legal advice before proceeding.
Should the PEC disqualify Remengesau as a candidate, he has two options: run as a write-in candidate or challenge the decision in court. If Remengesau’s candidacy is rejected, a legal battle could ensue, potentially delaying election preparations. Past court rulings on such matters have taken weeks, which could push back critical election preparations, including ballot printing.
Any delay in printing and distributing ballots could also impact absentee voters. Absentee ballots may not reach voters outside of Palau in time. By law, absentee ballots must be returned no later than seven days after the election to be counted. A delay could also result in many absentee ballots being disqualified.
Both presidential candidates have focused much of their campaign efforts on absentee voters. However, any delay in ballot printing could jeopardize the timely return of these votes, potentially affecting the final count. Additionally, a delay might force the PEC to conduct manual vote counting, as the commission’s electronic counting machines require pre-programming based on finalized ballots.
The constitutional question of whether a person can serve more than two terms as president has sparked widespread public debate. Many see this election as an opportunity for the courts to clarify this significant issue.