KOROR (Palau Horizon) — Sen. Harry Fritz has introduced a resolution declaring Lucius Malsol as a winning senatorial candidate. Malsol was the 10th senatorial candidate who obtained the most number of votes during the 2000 elections.
Fritz wants Malsol to take Sen.-elect Elias Camsek Chin’s seat.
Fritz said in the resolution that since the Senate, as “the sole judge of the election and qualifications of its members,” had declared Chin ineligible, a seat in the upper chamber remains unfilled.
Malsol should fill the seat since he received the 10th highest number of votes, Fritz said.
Fritz’s Senate Resolution 6-87 will supersede an earlier resolution declaring a vacancy in the Senate and calling for a special elections.
The resolution also directs the Senate’s credentials committee to investigate Malsol’s qualifications.
Sen. Yukiwo Dengokl, however, said Fritz’s resolution “appears” to be in violation of the Constitution since the law requires a special election in case of vacancies.
Article 9, Section 7 of the Constitution states that “a vacancy in the Olbiil Era Kelulau shall be filled for the unexpired term by special elections to be held in accordance with law, if less than 180 days remain in the unexpired term, the seat will remain vacant until the next regular general election.”
Senate President Seit Andres said the resolution is still at the committee level. The 9th seat in the Senate has never been filled as Chin is not qualified nor eligible, Andres said.
