House Bill No. 8-94-7 proposes to codify the Eighteenth Amendment to the Republic of Palau Constitution which was enacted in November 19, 2008, which states that, “Voting shall only be by absentee ballot for voters who are outside the territory of Palau during an election.”
According to the rules and regulations promulgated by the PEC, a voter shall have the right to vote on election day at a polling place other than the polling place in the political jurisdictions of which he is a resident.
The bill states that the Olbiil Era Kelulau (OEK) finds that “by affirmatively voting in favor of Constitutional Proposal 2-269, the voters of the Republic chose to allow voters outside the territory of Palau during an election to vote only by absentee ballot. In accordance with this amendment to the constitution, Section 1526 of Title 23 of the Palau National Code must be amended in order to prohibit the Election Commission from establishing polling places outside Palau.”
The Bill was introduced by Delegate Marhence Madrangchar and Delegate Noah Kemesong.
The Committee on Judiciary and Governmental Affairs finds this particular Bill similar to House Bill 8-24-2, which was introduced in 2009. That bill was adopted by OEK but referred back by the President with recommended changes in late 2009. Although the President’s version of HB 8-24-2 was never passed, the Committee finds that House Bill No. 8-94-7 will most likely “be adopted by the OEK as well as by the President because it is limited to codifying the constitutional amendment previously enacted in November 2008.”
No changes were recommended by the Committee as the legislation is simple and concise enough to meet the OEK’s obligation to legislate constitutional amendments that have been enacted.
