Sun. May 26th, 2019

Court denies request for TRO

Koror State Run-off election will proceed

By: L.N. Reklai

December 6, 2017 (Koror, Palau) Court issued its order denying the request for preliminary injunction to stop Palau Election Commission from holding Run-off Election for Koror State on December 12. [restrict]

The court ruled that plaintiffs, Norvert Yano and Joshua Koshiba, have not met the four legal standards required for issuance of preliminary injunction.

Plaintiffs motion was denied because they have not shown that they have a good chance of winning the case base on the merits of the case. Plaintiffs have argued that Koror State law requiring run-off is contrary to Koror State Constitution.

Court stated that “every act of legislature is presumed to be in harmony with constitution unless the contrary clearly appears”. Yano and Koshiba’s argument does not clearly overcome this presumption.

Voters rights will not be irreparably damaged if the election proceeds.  According to the judgment, the court can still void the results of the election if the plaintiffs prove their case.

Public interest will be harmed more if the runoff election is delayed. Should the event be deemed later as unconstitutional, the court can always void the election but not holding the election would delay the installation of the next governor, thereby affecting the voters of Koror State. [/restrict]

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