Absentee
ballots casts and received by Palau Election Commission (PEC) are scheduled for
tabulation on Tuesday, October 4, 2016 amid pending motion filed against the electoral
body form counting the remaining absentee ballots.
PEC
on Thursday filed an opposition to the motion asking the court to grant a
temporary restraining order and injunction against the counting all absentee
ballots cast outside of Palau.
Plaintiffs
Joel Toribiong Richard Silmai, Ephraim Ngiraitei, Moses Yobech, Iserael
Demei, and Richard Sundei on Sept. 27 filed a motion for TRO to stop the tabulation stating that the commission is did not follow the law by registering people to vote in Palau while physically outside of the Republic of Palau, in violation of 23 PNC 1401 and 1402, which, according to the plaintiffs, require that “voter” registration process take place exclusively within the
Republic of Palau.”
Demei, and Richard Sundei on Sept. 27 filed a motion for TRO to stop the tabulation stating that the commission is did not follow the law by registering people to vote in Palau while physically outside of the Republic of Palau, in violation of 23 PNC 1401 and 1402, which, according to the plaintiffs, require that “voter” registration process take place exclusively within the
Republic of Palau.”
However
PEC through its lawyer argued that the court rulings have previously interpreted
that that person can be a resident of one place but physically resides
elsewhere as cited by a court ruling in the Kasiano v. Election Commission
(2010) “Defendant is doubtful that such an absurd and inconvenient result was intend
convenience,”
The
opposition to the TRO motion stated that if the interpretation of the plaintiff
is should be followed, a Palauan citizen must travel to Palau to fill out their
voters’ registration forms.
“Imagine
telling a Palauan serving abroad in the armed forces they need to return to
Palau to register to vote. Imagine the defendant having to tell a person who
drove to Koror from Ngarchelong they can’t register to vote at the Elections Commission
Office,” the motion stated.
The
motion opposing the TRO further added that voting is a fundamental right, “Therefore
should be interpreted in the spirit of upholding a citizen’s right to vote and
not interpreted in a ways to oppress or make inconvenient to those rights.”
Source: Tia Belau
