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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The Olbiil Era Kelulau is the bicameral legislature of Palau consisting of the House of Delegates and the Senate. Electoral districts are drawn for the election of the members of the Senate. Members of the House of Delegates are elected to the individual states.
Source: Constitution, Art. IX (3).
Verified: 2016/11/02
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population
Comments: Every eight years, a reapportionment committee redraws senate electoral districts based on population.
Source: Constitution, Art. IX (4).
Verified: 2016/11/02
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments: Reapportionment Commission.
Source: Constitution, Art. IX (4).
Verified: 2016/11/02
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President shall be the chief executive of the national government. The President and Vice President shall be elected in a nationwide election for a term of four years. A person may not serve as President for more than two consecutive terms.
Source: Constitution, Art. VIII (1 & 4).
Verified: 2016/11/04
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: The President is both the head of state and the head of government, elected by popular vote in a two round system.
Source: Constitution, Art. VIII (1 & 4); Voting Rights Act of 1981 as amended, Sec. 1701 (23 PNCA §1701).
Verified: 2016/11/04
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution, Art. VIII.
Verified: 2012/07/11
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: The legislative power of Palau shall be vested in the Olbiil Era Kelulau which shall consist of two houses, the House of Delegates and the Senate.
Source: Constitution, Art. IX (1).
Verified: 2016/11/04
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: "The House of Delegates shall be composed of one delegate to be popularly elected from each of the states of Palau."
Members elected to the Senate or the House of Delegates must win a plurality of the votes.
Source: Constitution, Art. IX (3); Voting Rights Act of 1981 as amended, Sec. 1551 (23 PNCA §1551).
Verified: 2016/11/04
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source:
Verified: 2001/11/28
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments: In addition to provisions found in the Constitution, the main electoral law in Palau is the Voting Rights Act of 1981 as amended.
Source: Constitution; Voting Rights Act of 1981 as amended.
Verified: 2016/11/04
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments: The national electoral law covers elections at all levels.
Source: Voting Rights Act of 1981 as amended, Sec. 104 (23 PNCA §104).
Verified: 2016/11/04
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Voters are provided the right to vote if qualified. There are no provisions for compulsory voting in the Constitution or the electoral law.
Source: Cosntitution; Voting Rights Act of 1981 as amended (23 PNCA).
Verified: 2016/11/04
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: Petitions for disputes must be submitted to the Electoral Commission or the board of election in the electoral district where the dispute is reported.
Source: Voting Rights Act of 1981, as amended, Sec. 1571 (23 PNCA §1571).
Verified: 2016/11/04
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level
Comments: The Electoral Commission has supervisory authority over the boards of election at the local level, subject to Sec. 104 of the Voting Rights Act of 1981, as amended (23 PNCA §104).
Source: Voting Rights Act of 1981, as amended, Sec. 104 & 1202 (23 PNCA §104 & §1202).
Verified: 2016/11/04
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: "All expenses, including expenses attributable to registration of voters pursuant to section 1403 of this title, for elections conducted in accordance with the provisions of this title in the Republic shall be borne by the national government."
Source: Voting Rights Act of 1981, as amended, Sec. 1004 & 1503 (23 PNCA §1004 & §1503).
Verified: 2016/11/04
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
d . A national government department h . No information available
Comments: The Electoral Commission is presumptively in charge of spending the budget it is appropriated by the legislature."All expenses, including expenses attributable to registration of voters pursuant to section 1403 of this title, for elections conducted in accordance with the provisions of this title in the Republic shall be borne by the national government"
Source: Voting Rights Act of 1981, as amended, Sec. 1004 & 1503 (23 PNCA §1004 & §1503).
Verified: 2012/07/11
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: 4 years.
Source: Voting Rights Act of 1981, as amended, Sec. 1201 (b) (23 PNCA §1201(b)).
Verified: 2016/11/04
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Palau Electoral Commission is an independent body with supervisory authority over local boards of election as well as national elections.
Source: Voting Rights Act of 1981, as amended, Ch. 12 (23 PNCA §1201-5).
Verified: 2016/11/04
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Palau Electoral Commission is composed of 5 members.
Source: Voting Rights Act of 1981, as amended, Sec. 1201 (b) (23 PNCA §1201(b)).
Verified: 2016/11/04
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
a . Partisanship
Comments: Members of the Commission are appointed for 4-year terms by the President of the Republic of Palau.
Source: Voting Rights Act of 1981, as amended, Sec. 1201 (b) (23 PNCA §1201(b)).
Verified: 2016/11/04
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
Comments: Members of the Commission are appointed for 4-year terms by the President of the Republic of Palau.
Source: Voting Rights Act of 1981, as amended, Sec. 1201 (b) (23 PNCA §1201(b)).
Verified: 2016/11/04
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2016/11/04
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Verified: 2016/11/04
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2016/11/04
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Voting Rights Act of 1981, as amended, Sec. 1401 (23 PNCA §1401).
Verified: 2016/11/04
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: Citizenship, in addition to a residence of 9 months in Palau, and 3 months in the district within which one registers. Exceptions to the registration requirement can be made for otherwise qualified voters.
Source: Constitution, Art. VII; Voting Rights Act of 1981, as amended, Sec. 1401 (23 PNCA §1401).
Verified: 2016/11/04
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: All voters wishing to register must present themselves before an election board appointed by the Palau Election Commission.
Source: Voting Rights Act of 1981, as amended, Sec. 1403 (23 PNCA §1403).
Verified: 2016/11/04
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: No provisions for compulsory registration. Provisions are made for registration for all qualified voters, in addition to a provision requiring registration as a prerequisite to voting. Must be on voter registration, however, in order to vote.
Source: Constitution; Voting Rights Act of 1981, as amended, Sec. 1402 (23 PNCA §1402).
Verified: 2012/07/12
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
c . Regional distribution requirement f . Other
Comments: Candidates for national elections run as individuals, not through political parties. However, political parties may nominate candidates for races in administrative districts where there are at least 50 voters registered with that party.
Source: Voting Rights Act of 1981, as amended, Sec. 1102-1106. (23 PNCA §1102-1106)
Verified: 2016/11/04
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments:
Source: Maria M Decherong, Administrative Specialist, Palau Election Commission
Verified: 2006/12/20
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration
Comments: Qualifications to hold office in the Olbiil Era Kelulau include:
-citizenship;
-minimum age of 25 years;
-residency in Palau for not less-than 5 years immediately preceding election;
-residency in the district in which one wishes to run for office for not less than 1 year immediately preceding the election;
-registration as a voter in the state or senatorial district where one seeks election.
Source: Voting Rights Act of 1981, as amended, Sec. 1102-1103. (23 PNCA §1102-1103)
Verified: 2016/11/04
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration
Comments: Constitution, section 6:
To be eligible to hold office in the Olbiil Era Kelulau, a person must be:
(1) a citizen;
(2) not less than twenty-five (25) years of age;
(3) a resident of Palau for not less-than five (5) years immediately preceding the election; and
(4) a resident of the district in which he wishes to run for office for not less than one (1) year immediately preceding the election.
Source: Constitution, section 6
Verified: 2007/01/04
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: There are no provisions prohibiting candidates from running as individuals. Candidates run individually for national elections.
Source: Voting Rights Act of 1981, as amended, Sec. 1101-1106.
Verified: 2016/11/04
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments: No provisions for public funding of political parties.
Source: Voting Rights Act of 1981, as amended.
Verified: 2016/11/04
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: No provisions for public funding of political parties.
Source: Voting Rights Act of 1981, as amended.
Verified: 2016/11/04
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: There is no regulation on political party finance.
Source: Voting Rights Act of 1981, as amended.
Verified: 2016/11/04
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
c . Write-in ballot d . Categorical (only one mark allowed)
Comments: c.) and d.) The voter marks the candidate of choice or writes the name of the candidate.
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2009/11/04
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments: After voting is completed, ballot boxes are sealed and sent to the Electoral Commission or to special counting and tabulating commissions appointed by the Electoral Commission to be counted.
Source: Voting Rights Act of 1981, as amended, Sec. 1549-1550, 1552. (23 PNCA §1549-1550, 1552)
Verified: 2016/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request e . Court order
Comments: By petition filed with the Electoral Commission or local board of election by any candidate within two weeks of the election. Petitions filed with a local board of election are reviewed by that board, and a recommendation is made to the Electoral Commission for whether a recount should take place. The Electoral Commission ultimately decides on whether to grant a recount or not. Candidates may appeal the decision of the Electoral Commission with the Trial Division.
Source: Voting Rights Act of 1981, as amended, Sec. 1571-1575. (23 PNC §1571-1575)
Verified: 2016/11/04
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: Pursuant to the discretion of the discretion of the Electoral Commission, each candidate may have equal access to government broadcast facilities. If equal access to all candidates cannot be provided, then no candidate shall have access to government broadcast facilities. (Not specified whether the access is free or not.)
Source: Voting Rights Act of 1981, as amended, Sec. 1546. (23 PNCA §1546)
Verified: 2016/11/04
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments: Debates did occur for the 2016 presidential elections but there is no information as to whether this is a regular occurrence.
Source: Pacific Note: http://www.pacificnote.com/h/category/2016%20Election%20News
Verified: 2012/07/13
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
a . 1 day
Comments: Government facilities are not made available to candidates on the day of the election. (Not specified if this applies to media other than government broadcast facilities, if such facilities should exist.)
Source: Voting Rights Act of 1981, as amended, Sec. 1546. (23 PNCA §1546).
Verified: 2016/11/04
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2016/11/04
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum."
"The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions."
"The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau."
"Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall contain the text of the proposed law or of the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section."
"Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question."
"The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue."
"An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law..."
"A proposed amendment to this Constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states."
"Any amendment to this Constitution proposed for the purpose of avoiding inconsistency with the Compact of Free Association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. Such amendment shall remain in effect only as long as the inconsistency continues."
") To avoid inconsistencies found prior to this amendment by the Supreme Court of Palau to exist between section 324 of the Compact of Free Association and its subsidiary agreements with the United States of America and other sections of the Constitution of the Republic of Palau, Article XIII, section 6 of the Constitution and the final phrase of Article II, section 3, reading “provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three fourth (3/4) of the votes cast in such referendum,” shall not apply to votes to approve the Compact of Free Association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the Constitution) or during the terms of such compact and agreements."
Source: Constitution, Art. II (3), VIII (10), IX (17), XIII (3, 6 & 12), XIV (1 & 2), XV (11), First Amendment (14).
Verified: 2016/11/04
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum."
"Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question."
"The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue."
"An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law..."
"A proposed amendment to this Constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states."
"Any amendment to this Constitution proposed for the purpose of avoiding inconsistency with the Compact of Free Association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. Such amendment shall remain in effect only as long as the inconsistency continues."
") To avoid inconsistencies found prior to this amendment by the Supreme Court of Palau to exist between section 324 of the Compact of Free Association and its subsidiary agreements with the United States of America and other sections of the Constitution of the Republic of Palau, Article XIII, section 6 of the Constitution and the final phrase of Article II, section 3, reading “provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three fourth (3/4) of the votes cast in such referendum,” shall not apply to votes to approve the Compact of Free Association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the Constitution) or during the terms of such compact and agreements."
Source: Constitution, Art. II (3), XIII (6 & 12), XIV (1 & 2), XV (11).
Verified: 2016/11/04
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law...
Source: Constitution, Art. IX.
Verified: 2016/11/04
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall contain the text of the proposed law or of the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section.
Source: Constitution, Art. XIII (3).
Verified: 2016/11/09
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments: No provisions for Agenda Initiatives.
Source: Constitution.
Verified: 2016/11/09
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions."
"The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau."
Source: Constitution, Art. VIII (10) & IX (17).
Verified: 2016/11/09
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/12/31
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/12/31
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
b . Adoption of international treaties c . Transfer of authority to international bodies d . National sovereignity, national self-determination g . Civil service j . Other (specify)
Comments: j) Matters concerning compacts and treaties, national security, especially on nuclear, toxic chemical, gas or biological weapons, and importation of firearms.
C:ArtII:Sec3 "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum."
C:ArtXIII:Sec6 "Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question."
C:ArtXIII:Sec12 "The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue."
Source: The 1979 Constitution of the Republic of Palau, art. II:3, XIII:6 and XIII:12
Verified: 2006/12/31
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/12/31
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
j . Other (specify)
Comments: j) Only the matters that are mentioned in the constitution can be subject to referendums.
Source: The 1979 Constitution of the Republic of Palau, art. II:3, XIII:6 and XIII:12
Verified: 2006/12/31
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
a . Members of the national legislature b . President j . Other (specify)
Comments: j) The Vice President.
C:ArtVIII:Sec10 "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions."
C:ArtIX:Sec17 "The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau."
Source: The 1979 Constitution of the Republic of Palau, art. VIII:10 and IX:17
Verified: 2006/12/31
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
a . Within a certain time limit (specify)
Comments: a) Within 30-60 days.
C:ArtVIII:Sec10 "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions."
Source: The 1979 Constitution of the Republic of Palau, art. VIII:10
Verified: 2006/12/31
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: All referenda as provided in the Constitution lead to binding results.
Source: Constitution, Art. II, VIII, XIII
Verified: 2016/11/09
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum."
"The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions."
"The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau."
"Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall contain the text of the proposed law or of the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section."
"Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question."
"The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue."
"An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law..."
"A proposed amendment to this Constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states."
"Any amendment to this Constitution proposed for the purpose of avoiding inconsistency with the Compact of Free Association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. Such amendment shall remain in effect only as long as the inconsistency continues."
") To avoid inconsistencies found prior to this amendment by the Supreme Court of Palau to exist between section 324 of the Compact of Free Association and its subsidiary agreements with the United States of America and other sections of the Constitution of the Republic of Palau, Article XIII, section 6 of the Constitution and the final phrase of Article II, section 3, reading “provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three fourth (3/4) of the votes cast in such referendum,” shall not apply to votes to approve the Compact of Free Association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the Constitution) or during the terms of such compact and agreements."
Source: Constitution, Art. II (3), VIII (10), IX (17), XIII (3, 6 & 12), XIV (1 & 2), XV (11), First Amendment (14).
Verified: 2016/11/09
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2016/11/09
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
d . At specially designated polling stations
Comments:
Source: Voting Rights Act of 1981, as amended, Sec. 1401, 1405, 1544. (23 PNCA §1401, 1405 & 1544).
Verified: 2016/11/09
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation)
Comments: Electors who will be away, giving three days notice.
Source: Voting Rights Act of 1981, as amended, Sec. 1521 (23 PNCA §1521).
Verified: 2016/11/09
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
c . Special polling stations e . By mail
Comments: Overseas polling places where established.
Source: Voting Rights Act of 1981, as amended, Sec. 1524 & 1526 (23 PNCA §1524 & 1526).
Verified: 2016/11/09
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments:
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2005/08/12
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
b . By mail e . Other
Comments: A voter can walk in and cast their vote at the Palau Election Commission Office but need to present document to justify that they will be off Island during the elections.
Source: Maria M Decherong, Administrative Specialist, Palau Election Commission
Verified: 2007/01/05
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
b . Disabled persons c . People in remote areas d . People in hospitals f . Other
Comments: c.) and f.) Electors who are at sea or absent or will be in Sonorol or Tobi 20 days before polling or on the day.
Source: Pacific Election Administration Compared: Andrew Ellis (International IDEA)and Alistair Legge (PIANZEA), 2005.
Verified: 2007/01/05
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Voting Rights Act of 1981, as amended, Sec. 1503 (23 PNCA §1503).
Verified: 2016/11/09
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