Overview:

A House bill would change how Palau handles absentee ballots by requiring valid ballots to reach the Election Commission and be counted by the close of polls on Election Day. The measure also proposes earlier deadlines for absentee requests, candidate filings and other election procedures.

By: L.N. Reklai

KOROR, Palau — (Sept. 21, 2026) A bill passed by the House of Delegates would require absentee ballots to be received and counted on the same day as the general election, ending the current provision that allows qualifying absentee ballots to be received and counted after Election Day.

House Bill 12-42-5, HD1 would amend Title 23 of the Palau National Code to require the Election Commission to receive valid absentee ballots no later than the official closing time of the polls on Election Day and to open, tally and count those ballots that same day.

The measure was passed by the House on its third and final reading during the Seventh Special Session in September 2026 and transmitted to the Senate for consideration.

Under the bill, absentee ballots received after the official closing time of the polls would not be counted. The Election Commission would record the date and time of receipt, keep the ballot unopened for the required preservation period and then dispose of it according to law.

The proposed change would eliminate the current post-Election Day window for receiving absentee ballots. The Judiciary and Governmental Affairs Committee report states that, under the current provisions of Title 23, absentee ballots may be received and counted after Election Day, potentially delaying the final tabulation of votes.

The committee said those delays can create uncertainty for voters, candidates and election officials and may affect public confidence in the election process.

The bill’s legislative findings state that timely, accurate and transparent election results are important to maintaining public confidence in Palau’s democratic process. They also state that modern communication, transportation and ballot-transmission methods allow the Election Commission to distribute and receive absentee ballots before Election Day.

The measure says requiring absentee ballots to be received and counted on Election Day would promote “fairness, uniformity, and equal treatment” of ballots.

The bill also changes several election-related deadlines to give the Election Commission additional time to prepare for an election.

For regular elections, the bill would change the deadline for requesting an absentee ballot from no less than seven days before an election to no less than 14 days before the election. The maximum period for requesting an absentee ballot would remain 90 days before the election.

The Judiciary and Governmental Affairs Committee said the change was recommended after consultations with Palau Election Commission Executive Director Sherwin Yamanguchi and Chairperson Bisayang Ush Luii. According to the committee report, election officials identified logistical and administrative challenges under the existing deadlines and recommended moving several election-related deadlines seven days earlier.

The committee said the additional time would allow more time for processing absentee ballot requests, ballot preparation and election administration.

The bill would also move the deadline for preparing and posting specimen ballots from 10 days before an election to 17 days before the election.

Other proposed changes would move the deadline for filing nominating petitions from 90 days to 97 days before an election and the deadline for candidates to withdraw their names from the ballot from 25 days to 32 days before the election.

The measure would apply similar absentee ballot changes to special elections, including requiring absentee ballots to be received by the close of polls and counted on the same day.

The bill also proposes moving the presidential and vice presidential primary from the fourth Tuesday of September to the second Tuesday of September. The committee said the earlier primary date would create the time needed to complete the other election-related processes in an orderly manner.

The committee emphasized that the changes are not intended to burden voters, but to strengthen the “integrity, consistency, and efficiency” of the election process.

The committee recommended passage of HB 12-42-5 as amended and redesignated the measure as HB 12-42-5, HD1.

The bill would take effect upon approval by the president or if it becomes law without the president’s approval.

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