The Associate Justice in her judgment and written order issued on January 7 in connection to the suit filed by Priscilla Subris against Palau Election Commission and Governor elect Laurentino Ulechong, said that it is not for the court to rewrite NSPL No. 6-21 to meet the legislative intent of the Olbetibel and to bring such statute in harmony with the Constitution.
Salii denied Subris claims and granted the PEC and Ulechong’s motion for summary judgment. In dismissing the suit against the PEC and Ulechong, Salii said revision of the NSPL No. 6-21 can only be done by the Olbetibel.
“While Olbetibel may call for additional requirements than those in places in the Constitution, such requirements may not contradict those requirements established by the Constitution.”
“As much as the court would like to do what plaintiff request, that is to interpret NSPL No. 6-21 such that it comports with Article V, Section 3 of the Ngaraard State Constitution, to do so would call for one too many inferences and legislative rewrites of the provision,” Salii said in her order.
The Justice added that the Olbetibel could have drafted Ngaraard State Public Law No. 6-21 to provide for a primary election and specific language doing so could have easily been incorporated into the statute.
Salii said the drafters of NSPL No. 6-21 stated that the intent was to declare a runoff election for more than two candidates running for the office of Governor. This is exactly what they accomplished the requirement of a 50%plus 1 vote where more than one gubernatorial candidate runs is plainly consistent with the stated intent.
“However the problem now is that the legislative intent and the subsequent language the legislature chose to express that intent in NSPL No. 6-21 clearly conflicts with the plain language of Article V, Section 3 of the Ngaraard Constitution,” the Justice’s order stated.
“Our laws prohibit judicial interpretation under the circumstances presented. On the facts of this case, where the plain language of NSPL No. 6-21 is clear and unambiguous and where such plain and unambiguous language is in direct conflict with the Constitution, the law must be stricken.”
Salii said the installation of Ulechong as Ngaraard State Governor shall proceed as currently scheduled on January 12.
Subris and another gubernatorial candidate Albert Shiro ran against Ulechong in the 2009 Ngaraard State General Election where Ulechong received 339 votes while Subris got 267 votes and Shiro got 94 votes.
The results were certified on November 23. On December 11, Subris filed a complaint seeking for declaratory relief regarding the validity of NSPL No. 6-21. She filed a second amended complaint and motion for summary judgment on December 31.
Ulechong also filed an amended answer and motion for judgment on the pleadings while PEC filed corss motion for summary judgment.
Subris was represented by attorney Mark Doran while Rachel Dmitruk argued on behalf of Ulechong and Assistant Attorney General Nelson Werner represented PEC. During the oral argument, Assistant Attorney General Ronald Ledgerwood argued on behalf of Werner.
