The recently approved 2024 Senate Reapportionment Plan, which adds one senatorial district and increases the number of senators from 13 to 15, is now being challenged in court. The petition was filed with the Palau Supreme Court on Tuesday, August 6, 2024.
Former Minister Jackson Ngiraingas submitted the petition, arguing that the 2024 Reapportionment Plan does not comply with the constitutional mandate to reapportion or redistrict the Senate. He has requested that the court review and amend the plan.
Ngiraingas contends that the Reapportionment Commission failed to create new districts or properly reapportion Senate representation. Instead, it merely increased the number of senators within the existing district, without any real redistricting.
Citing Article IX, Section 4(a) of the Constitution, Ngiraingas emphasized that the commission is required to change the districts from the previous. He argues that the Constitution mandates the creation of multiple districts in a new or different form, and that the 2024 plan, which lacks significant changes, does not meet this requirement.
Ngiraingas also pointed out the stronger language in the Palauan version of the Constitution, which uses the word “ma” (and) compared to the English version, which uses “or.” He claims this further underscores the requirement for redistricting.
In his petition, Ngiraingas proposed two alternative ways to divide the country into new districts. His first proposal suggests creating three districts: the first would have five senators representing the 10 Babeldaob States and Kayangel State; the second would have seven senators representing Koror and its hamlets, excluding Ngerkebesang; and the third would have three senators representing Ngerkebesang, Peleliu, Angaur, Sonsorol, and Hatohobei.
His second proposal suggests dividing the country into six districts. The first would include Kayangel, Ngarchelong, Ngaraard, and Ngardmau, with one senator. The second district would consist of Ngiwal, Melekeok, and Ngchesar with one senator. The third district would be Airai State with three senators, and the fourth would consist of Aimeliik, Ngatpang, and Ngeremlengui with one senator. Koror State would form the fifth district with eight senators, while the sixth district, including Peleliu, Angaur, Sonsorol, and Hatohobei, would have one senator.
The Reapportionment Commission, which was established by law and includes seven members—Dr. Patrick Tellei, Betty Moon Watson, Wayne Andrew, Paul Reklai, Jefferson Thomas, Raynold Mechol, and Ongerung Kambes Kesolei, who serves as chairman—filed its report on July 1, 2024, in accordance with legal requirements.