Legal dispute stalls representation
The unprecedented tie in the runoff election for Ngardmau State’s delegate to Palau’s House of Delegates has escalated into a legal and constitutional crisis, with far-reaching implications for the January inauguration of the national government.
Following the certification of the November General Election, results revealed a tie between Ngardmau delegate candidates Blesoch Aderkeroi and Fermin Meriang. A runoff election held on December 3 resulted in another tie, with both candidates again receiving 135 votes, marking the first time in Palauan history that a tied vote occurred twice for the same candidates.
To resolve the impasse, the Palau Election Commission (PEC) scheduled a second runoff for December 11. However, the Office of the Attorney General (OAG) halted the election, asserting that PEC lacked the authority to conduct another runoff.
Legal Interpretation Sparks Controversy
According to PEC officials, the OAG cited 23 PNC Section 1551, which mandates a runoff election in the event of a tie but stipulates that it must occur within 20 days of the certification of the general election results. The OAG’s interpretation appears to limit the provision to a single runoff election within the 20-day timeframe, leaving no room for subsequent elections.
Efforts to obtain a copy of the OAG’s official letter were unsuccessful, but legal experts speculate this interpretation is the basis for halting the second runoff.
“This interpretation creates a significant problem,” said a senator familiar with the case. “The Constitution mandates that each state elect a representative to the House of Delegates, but without a clear path forward, Ngardmau risks being unrepresented.”
Constitutional Questions Raised
The deadlock raises critical constitutional and procedural questions. Article IX of the Palau National Constitution requires the House of Delegates to include one delegate from each state, but it is unclear whether the body can convene with only 15 members.
Ngardmau candidate Fermin Meriang expressed frustration, stating that candidates were informed of the election’s cancellation only one day before it was set to take place. “We were not told how the deadlock would be resolved,” he said.
Options reportedly under consideration include allowing the House of Delegates to choose Ngardmau’s representative or declaring the seat vacant and holding a special election after the House convenes.
However, both options have drawn criticism. “The House of Delegates cannot choose a delegate for Ngardmau—that right belongs to the voters,” the senator argued. “Declaring a vacancy is also inappropriate, as this situation does not meet the legal definition of a vacancy.”
Uncertain Path Forward
The people of Ngardmau remain frustrated and uncertain about the next steps. Some voters have suggested suing PEC for failing to hold a second runoff or amending the language of 23 PNC Section 1551 to clarify the law. Both solutions, however, would take time, and the inauguration of Palau’s new government is set for January 16, 2025.
For now, Ngardmau’s representation in the House of Delegates—and its role in the broader governance of Palau—remains in limbo.