The President exercised his power under Article IX of the Palau Constitution and returned the Bill to the Olbiil Era Kelulau on November 17, with a recommendation for amendments.
The Bill has been in the president’s table since Nov. 3 when it was transmitted there by both Houses of the Palau Legislature.
In his correspondence to the Legislature addressed to House of Delegates Speaker Noah Idechong, Pres. Toribiong raised several objections and expressed his concern on several provisions of the bill, notably on the schedule of holding the referendum.
Toribiong said the Bill should be changed to establish a date for the referendum no sooner than 120 days and no longer than 180 days after the effective date of the Bill.
According to him, if he signs the Bill into law or let it become a law without his signature, the referendum would have to be held on January 2, 2010.
“This is too short a time for the Election Commission to prepare for a nationwide referendum. Besides, it does not allow enough time for the mailing and receipt of absentee ballots,” he said.
Additionally, the President also noted that the holding of a referendum on the aforementioned date would also be disruptive as people celebrate various holidays (Christmas, Thanksgiving and New Year) in the country.
“Such a date is a highly inappropriate and inconvenient to schedule a referendum. Holding the referendum at such a time would inconvenience the public and detract from the reliability of the results of the referendum” he stressed.
Aside from the schedule of the referendum, the President also expressed his concern regarding the Legislatures’ reliance on Title 23 of the Palau National Code as a guide in conducting the referendum.
The Bill directs that the referendum be conducted in accordance with Title 23 of the PNC.
“Title 23 has no specific provisions regarding the conduct of a national referendum. To assure that the intent of the Olbiil Era Kelulau is fully implemented, I recommend that the Bill set forth a specific procedure for the conduct of this referendum,” he stressed.
Aside from those concerns, the President also recommended that the Legislature substitute a clearer term for “Casino Gaming” in the referendum question and provide neutral community outreach educational process in order to assure that the referendum is as fair possible.
Moreover, he asked legislators to identify funds to pay for the referendum and include an authorization and appropriation in an appropriate amount.
A nationwide referendum is estimated to cost the Palau government at least $30,000.
The Legislature may now amend the Bill, either by accepting the President’s recommendation, making changes in some other way, or re-enacting the Bill in the same form it was originally presented to the President. If the Legislature passes the Bill again, with or without amendments, it will again be presented to the Presented for his signature.
Last November 3, the Senate and the House of Delegates both approved a measure that will send to voters the issue whether casinos will be allowed to operate Palau.
The Senate voted 7-5 on November 3 to send the legislation to President Toribiong for his approval. The House of Delegates approved the measure on a 13-3 vote.
