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To set dates and establish procedures for CON CON, RPPL 7-4 2005


SEVENTH OLBIIL ERA KELULAU


Fourth Special Session, March 2005
RPPL No. 7-4
(Intro. as HB No. 7-33-4S, HD3, SD3)


AN ACT


To set dates and establish procedures for a Constitutional Convention, as approved in the November 2, 2004 National General Election, and for other related purposes.


THE PEOPLE OF PA LAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT
AS FOLLOWS:


Section 1. Purpose. On November 2, 2004, the people of Palau voted on the question, AShall there be a Convention to revise or amend the Constitution?@ The Palau Election Commission certified the affirmative vote by the constitutionally required majority on November 17, 2004. The purpose of this Act is to set dates, establish procedures, and appropriate funds for the Constitutional Convention, hereinafter referred to as the AConvention@, in fulfillment of the will of the electorate.


Section 2. Dates and procedures. Pursuant to Article XIV, Section 1(a), A. . . . If a majority of the votes cast upon the question is in the affirmative, a Constitutional Convention shall be convened within six (6) months thereafter, in a manner prescribed by law.@ On May 17, 2005, the Convention shall convene at a suitable location. The Convention shall have sixty calendar days to convene to review and approve proposed amendments to the Constitution. The proposed amendments approved by the Convention shall be put to a vote in the next national general election.


Section 3. Delegates to the Constitutional Convention; qualifications.
(a) The Constitutional Convention shall be composed of twenty-five (25) popularly elected Delegates who shall be elected as follows:


(1) one (1) delegate from each of the sixteen (16) states and nine (9) Aat large@ delegates.


(b) Each delegate must be:


(1) a citizen of the Republic of Palau;


(2) a registered voter of the state that he or she wishes to represent, and not less than twenty-five (25) years of age; and


(3) not incarcerated or on probation.


Section 4. Election. The delegates to the Convention shall be elected as follows:(a) The election of delegates shall be held on April 26, 2005 between 7.00 a.m. and 7.00p.m.


(b) The name of any candidate for election as a delegate shall be printed on the official ballot, only if prior to 4.30 p.m. on April 05, 2005, a nomination petition shall have been filed in the office of the Palau Election Commission in his or her behalf nominating him or her as a candidate for the delegate from a particular state signed by not less than 15 registered voters from the same state; and a nomination petition for a candidate for delegate for an Aat large@ seat shall be signed by not less than 15 registered voters. There shall be deposited with each nomination petition a non-refundable fee of $50.00. Such nomination fees shall be paid over to the National Treasury. No nomination petition shall contain any reference to or designation of the political party or affiliation, insignia, or title of any candidate. The names of the candidates for each state shall be on separate ballots for each state in alphahetical order on the basis of first names of the candidates. The names of all Aat large@ candidates shall be placed on one ballot, and shall appear in alphabetical order on the basis of first names of the candidates. No candidate may withdraw his or her nomination after 4:30 p.m., April 12, 2005. If a candidate withdraws later than April 12, 2005, then all expenses incurred due to the withdrawal shall be charged to the withdrawing candidate, except that the candidate shall not be charged if he or she dies prior to or on election day. The ballots for election of the delegates shall be in substantially the same form as those for the general election for members of the Olbiil Era Kelulau. The Palau Election Commission shall upon receipt of a nomination petition, endorse thereon the day, hour, and minute that such nomination petition is received.


(c) In case of a tie vote in the election for delegates, the candidates so tied shall draw lots under the supervision of the Election Commission to determine which of them shall be selected as a delegate.


(d) Each person voting for delegates may vote for one delegate running for the seat for the state in which he or she votes, and the candidate receiving the highest number of votes cast from each state shall be the delegate to the Convention from that State. Each person voting for delegates may also vote for nine (9) Aat-large@ candidates. The candidates not elected shall be designated as alternates in the order in which their vote totals appear.


(e) Except as otherwise specifically provided by this Act, the election for delegates to the Convention shall be conducted, the returns made, the results ascertained, and the certificates of persons elected to be delegates to the Convention issued in the same manner as is prescribed by the laws regulating elections for members of the Olbiil Era Kelulau.


(f) The Constitutional Convention shall be the sole judge of the election returns, and qualifications of delegates.


Section 5. Election procedures.
(a) Registration or re-registration deadline. An individual may register or re-register to vote in the political jurisdiction in which he has been a resident pursuant to residency requirements under the Voting Rights Act, 23 PNC Chapter 1, the time for registration and re-registration shall be no later than fifteen (15) days preceding the day of the election. The Election Commission is specifically authorized to provide for registration and re-registration of qualified voters outside the territorial jurisdiction of the Republic. Such voters may register or re-register by submitting an Affidavit for Application to Register to Vote on the form prescribed by the Election Commission. Such Affidavit and a request for a ballot must be executed in the presence of a Notary Public or a person authorized by law to administer oaths and must be received by the Election Commission no later than 21 days before the election. Upon receipt of a sworn application, the Election Commission shall forthwith examine the Affidavit as to its proper execution and the applicant's qualifications to register or re-register as a voter. Unless the Election Commission determines that the applicant is ineligible to vote, the applicant shall be registered or re-registered immediately and shall be permitted to vote Absentee ballots must be post marked no later than the day of the election and must reach the Election Commission no later than 2 days before certification of the election.


(b) The Election Commission shall certify the results of the election and declare the winning candidates fifteen (15) days from the date of the election.


(c) Conduct and supervision of the election and the administration of regulations shall be pursuant to the relevant chapters of Title 23 of the Palau National Code. To the extent that this Act specifies special procedures and time lines that may be different from those prescribed in Title 23 of the Palau National Code, for the election authorized under this Act, the special procedures and time lines are only for the duration of the election authorized under this Act.


Section 6. Vacancies. A vacancy in the office of any delegate elected from a state shall be filled by the candidate receiving the next highest number of votes in the election of delegates from the same state: provided that in the absence of a runner-up candidate in a state, the state legislature shall by secret ballot select a person who is a qualified voter to fill the vacancy. A vacancy for an Aat-large@ seat shall be filled by the candidate receiving the next highest number of votes of the Aat-large@ candidates, but in the absence of any such eligible alternate candidate, the vacancy shall not be filled.


Section 7. Pre-Convention Committee. There shall be a Pre-Convention Committee which shall consist of the members of the Executive Committees of the House of Delegates and the Senate of the Olbiil Era Kelulau, excluding those Executive Committee members who are candidates for the office of delegate to the Convention. The Speaker of the House and the Senate President shall serve as co-chairs of the Pre-Convention Committee; if the Speaker or Senate President, or both, are unavailable for membership of the Pre-Convention Committee, the next ranking officer of the House of Delegates or the Senate as the case may be shall serve in place of the unavailable officer. The duty of the Pre-Convention Committee is to facilitate the work of the Convention prior to its first day. To this end, the Pre-Convention Committee shall serve as agent and representative of the Convention, ensure that facilities are in proper order, and take such other steps as it tray deem necessary or appropriate.


Section 8. Procedure.
(a) The Convention shall convene at such place as may be designated by the Pre-Convention Committee on May 17, 2005 at 10 00 a.m and shall conduct its business for not longer than 60 calendar days.


(b) The Convention shall on the first day of its first session select from among its membership its President and such additional officers as it niav deem necessary and appropriate.


(c) The Convention shall hire staff and establish such committees as it may deem necessary and appropriate to carry out its duties.


(d) The Convention shall adopt rules of procedure not inconsistent with this Act;


provided, that no question shall be decided affirmatively by the Convention without a quorum present. No voting except in person shall be permitted. An abstention shall not be counted as a vote cast in determining the result of any question.


(e) A quorum shall consist of a majority of delegates.


(f) Delegates to the Convention shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at the Convention and in going to and returning from the same. No member shall be held to answer before any tribunal other than the Convention itself for any speech or debate in the Convention.


Section 9. Powers of Convention.
(a) The President of the Convention or the chairman of any duly established committee thereof, shall have the power and authority to issue subpoenas requiring the attendance of witnesses or the production of books, documents, or other evidence, in any matter related to the purpose of the Convention. Any subpoena or other process issued under the authority of the Convention shall run in the name of the Republic of Palau. Such subpoenas or other process shall be signed by the President of the Convention, contain a reference to this Section, and set forth in general terms of the matter or questions with reference to which such testimony or other evidence is to be taken. Any police officer to whom the process described in this section is delivered shall forthwith serve or execute the same upon delivery thereof to him without charge or compensation; provided, that any officer serving or executing such subpoena or process shall be compensated for his actual expenses, if any, in connection therewith.


(b) The President of the Convention or the chairman of any committee thereof may administer oaths to witnesses who testify in any matter under the examination of the Convention or any committee thereof. Every person who, having been summoned as a witness by the Convention to give testimony or to produce papers upon any matter under inquiry before the Convention, refuses to make oath or affirmation, or to answer any question or inquiry, shall be guilty of contempt of the Convention and upon conviction thereof shall be fined not more than ten thousand dollars or imprisoned not more than one year, or both. Whenever a person violates any of the provisions of this section, the President of the Convention shall certify a statement of such facts to the Attorney General who shall prosecute the offender in the Trial Division of the Supreme Court.


(c) The officers and employees of all the branches of the national government shall cooperate with the Convention by furnishing such information as may be called for in connection with research activities of the Convention.


Section 10. Duties. The Convention shall review the Constitution of the Republic of Palau and all its amendments and draft and approve by majority vote of its membership proposed amendments to the Constitution.


Section 11. Post-Convention Political Education Committee.
(a) There shall be a Post-Convention Political Education Committee (APolitical Education Committee@) which shall consist of nine (9) members who shall be elected by the delegates from among the membership of the Convention by secret ballot not earlier than 10 days before the final day of the Convention. The Political Education Committee shall meet for the purpose of electing a chairman and such other officers as may be deemed necessary and appropriate not sooner than the first day nor later than the tenth day after the Convention is adjourned sine die. Any vacancy in the Political Education Committee occurring after adjournment sine die shall be filled by a person to be appointed by the President of the Republic with the approval of the Presiding Officers of the Olbiil Era Kelulau from among the delegates to the Convention.


(b) Not more than 120 days after adjournment sine die of the Convention, the Political Education Committee must commence its work in educating the public and may continue no more than 120 calendar days on a compensated basis, provided, that the Committee shall resume its work on a compensated basis not later than 180 days before the next national general election. Not less than 60 days before the next national general election, the Political Education Committee must complete its work and submit a written report to the President of the Republic and the presiding officers of the Olbiil Era Kelulau.


(c) The Political Education Committee shall have the following duties:


(1) to prepare the correct and definitive text, in English and Palauan languages,


of all proposed constitutional amendments approved by be Convention;


(2) to certify the authenticity of and publish the proposed constitutional amendments and inform and educate the citizens of Palau on their contents; and


(3) to d o such things as it deems necessary and appropriate to carry out the above duties.


(d) Members of the Political Education Committee who are not employed by the national government or its agencies or any state governments or their agencies shall be entitled to per diem and expenses for travel beyond the state center, at standard government rates, while traveling off-island on the business of the Committee and shall be compensated at the rate of $50.00 for each day on the business of the Committee; provided, that each member shall not receive more than $1,000 per month.


Section 12. Staff support. The Convention and Pre-Convention and Post-Convention Political Education Committees shall be assisted in their tasks as follows:


(a) the staff of the Olbiil Era Kelulau shall provide such administrative and technical assistance as may be necessary;


(b) the staff of the Executive Branch may also provide such administrative or any technical assistance as may be necessary, if requested, and


(c) such other staff as the Convention or either of the Committees may deem necessary toward the performance of its tasks may be hired by the Convention or either Committee, within the limits of the funds made available to it by this Act and other acts.


Section 13. Compensation of Delegates.
(a) Delegates to the Convention who are employed by the National Government or its agencies or by a state government or its respective agencies shall be eligible to take Aadministrative leave@ from their regular employment and be paid by their respective governmental employers; provided, however, that Delegates on administrative leave from national or state governmental employment are ineligible to receive the non-taxable stipend otherwise provided to the Convention delegates.


(b) Delegates shall be entitled to all necessary travel expenses and to per diem at standard government rates while traveling off-island on the business of the Convention or a Committee thereof; provided, that a delegate shall not be entitled to any travel and per diem expenses when traveling to attend or while attending the Convention or when leaving the Convention after it adjourns sine die, except when his travel is directed by the Convention or a Committee thereof.


(c) Each delegate shall receive a non-taxable stipend of fifty dollars ($50.00) per day while on the business ofthe Convention or a committee thereof.


Section 14. Authorization and appropriation. There is hereby authorized and appropriated for fiscal year 2005 the sum of $230,000 from the National Treasury, to fund the Constitutional Convention. The source of the appropriation is Compact section 213 funds.


(a) The sum of $150,000 shall be administered by the Chairperson(s) of the Pre-Convention Committee and the president of the Constitutional Convention and shall be used exclusively to fund all costs and expenses associated with the Convention. Any amount of the $150,000 appropriated by this sub-section not expended in accordance with this sub-section as of September l, 2005 shall revert to the National Treasury on September 30, 2005.


(b) The sum of $50,000 shall be administered by the Political Education Committee and shall be used exclusively to fund unbiased, impartial political education regarding the proposed amendments to the Constitution. The funds appropriated by this sub-section shall not lapse until thirty (30) days after the quadrennial general election of 2008.


(c) The President of the Convention and the Chairman of the Political Education Committee shall submit written reports to the Olbiil Era Kelulau and to the President of the Republic of Palau not later than ninety (90) days after the quadrennial general election in which the constitutional amendments proposed by the Convention are voted on by the general electorate, accounting for all sums expended.


(d) The sum of $30,000 shall be administered by the Election Commission for purposes of printing ballots containing the names of nominated delegates to the Convention and for other related election expenses. Such funds as are not spent in accordance with this subsection by the election commission shall revert to the National Treasury no later than 30 days after the special election for delegates.


Section 15. Effective date. This Act shall take effect upon its approval by the President or upon its becoming law without such approval except as otherwise provided by law.


PASSED: March 07, 2005


Approved this 8th day of March, 2005.


___________________/s/
Tommy E. Remengesau, Jr.
President
Republic of Palau


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