Koror State Election Law – K7-131-02 on Oct. 22, 2008
In a letter addressed to President Tommy Remengesau, Jr., Senate President Surangel Whipps, and the Speaker of the House of Delegates, Antonio Bells, Beattie states, “It is clear [based Article XI, section 2 of the Palau Constitution and OEK enacted legislations] that the Koror State law conflicts with the national law,” and is therefore deemed unconstitutional and invalid.According to officials from the Koror State Department of Conservation and Law Enforcement (KSDCLE), Koror State Rangers will enforce K7-131-02 – which bans all campaigning activities during any official government elections held within the boundaries of the state. Koror State Government is adamant about enforcing the established state law “Koror State Rangers will cite anyone who violates the law,” said officials of KSDCLE. “We have not received any orders from our superiors to do otherwise.” K7-131-02 was enacted in 2002 in an effort to shield voting citizens from undue campaign activities during elections in Koror State. The law prohibits any form of campaigning – from signage to advertisements on radio or television – within the boundaries of state for the duration of any official government election.Last week Koror State Department of Conservation and Law Enforcement issued a press release to inform the general public that its rangers will enforce all provisions of the law. All visible and audible campaign materials – inclusive of board signs, stickers, posters, flyers, and audio broadcasts – must be removed or not played from 12:00 a.m. of day preceding any government election held in Koror State until the closing of the polling places.Further, the law prohibits anyone or a group from providing incentives (food, drinks, money, materials, or services) as a means to influence voters.The Koror State Rangers, for the past six years, have diligently enforced the law during all the elections that have been held in Koror State.In the press release, the Director of the Koror State Department of Conservation and Law Enforcement, Adalbert Eledui, states that Koror State Rangers would enforce the law in accordance to its provisions today – the Election Day. They began at 12:00 a.m. last night and would continue to enforce it until the closing of the polls.As far as the Constitutionality of the law is concerned, officials of KSDCLE saythat it is not of their concern. “Appropriate people will deal with the issue when it arises,” they said, “and so far we have not received any complaints or suits regarding this law.”The AGO’s memorandum states that since the Koror State has not been delegated the power to regulate campaigning in elections and moreover, the national government has enacted legislation regulating such campaigning. Beattie cited Palau Constitution at Article XI, section 2; “all governmental powers not expressly delegated by this Constitution to the states nor denied to the national government. The national government may delegate powers by law to the state governments.”He further stated that the regulation of campaigning in national elections is not a power that has been delegated to state governments.In related news, Senator Mlib Tmetuchl yesterday sought for a copy of the legal opinion and any other requests or complaints by the aggrieved person or persons which led to the issuance of the Beattie’s opinion.Beattie is currently on leave. Acting AG, Michael Copeland, responded to Tmetuchl’s query on Nov. 3. He sateted in his letter to Tmetuchl that Beattie’s opinion is only an advisory opinion and has no legal merits – cannot be used as a defense and is not binding in the courts of law. In addition, Copeland had written that neither he nor his staff has found any formal requests or complaints filed relating to the Koror State law; and which would have direct correlation to the Beatties issuance of his advisory opinion of the law.Moreover, Copeland states in his letter that Beattie’s opinion of the Koror State law serves as the only opinion from the Attorney General’s Office and no other opinion would be given otherwise.
