The four Delegates are also seeking for a declaration from the court that only terms served after the certification of the Fourth Amendment to the Constitution from the Seventh Olbiil Era Kelulau are counted toward the three-term limit contained in the Fourth Amendment of the Constitution.
The four Delegates are also seeking for a declaration from the court stating that the Fourth Amendment does not prohibit an individual from running for more than three terms of office.The Delegates also want an injunction from the court requiring the Election Commission to include them in the number draw and place their names on the ballot for the November 2008 election.The Delegates sued the Election Commission for declaratory relief and injunction when the Election Commission disqualified them from running for HOD of the Eight Olbiil Era Kelulau.The Delegates filed a complaint against Palau Election Commission Chairman Santos Borja and Board members Gregorio Decherong, Benjamin Yobech and Sally Techitong Soalablai and Palau Election Commission.The plaintiffs were all members of HOD of the Seventh Olbiil Era Kelulau and have served three terms already.The plaintiffs filed their petitions for candidacy with the Election Commission on August 6.The complaint stated that the Election Commission through Santos Borja sent a letter dated August 22 informing the plaintiffs that the letter shall serve as formal notice of their ineligibility as candidates for the Eight OEK.The letter stated that the plaintiffs are no longer eligible to seek elected office to the National Congress as delegates to the OEK and their petition as candidates is invalid.The complaint stated that the plaintiffs received the Election Commission’s letter on August 25 and 26.The complaint stated that plaintiffs have not been informed if the nominating petitions were reviewed and the signatures verified by the Election Commission pursuant to the law.The complaint stated that on information and belief, the Election Commission has not yet had eligible candidates draw numbers for the ballot for the November 2008 election and has not yet printed or sent to print the ballot for the 2008 election.
