Law suit and TRO filed to stop Koror State Runoff election
By: L.N. Reklai
December 4, 2017 (Koror, Palau) A law suit and Temporary Restraining Order (TRO) have been filed against Palau Election Commission, Aldrin Tellei in his official capacity as Acting Chairman of Palau Election Commission and candidate Franco Gibbons, seeking to prohibit them from conducting or participating in a runoff election on December 12. [restrict]
Norvert Yano and Joshua Koshiba, in their capacity as citizens of Koror State, asks the court to declare Eyos Rudimch as winning candidate in the Koror State General Election and to declare Palau Election Commission’s decision to proceed with Koror State Runoff election to be in violation of Koror State Constitution.
Furthermore, the suit requests injunction against Palau Election Commission from conducting runoff election and barring Franco Gibbons from running as candidate for the Office of Governor of Koror State.
Yano and Koshiba argue that Koror State Constitution Article VII states that a Governor of Koror State will be elected at the next general election. They argued the constitution state date of the general election as second Tuesday of November and that no other election date is given to elect a governor.
Plaintiffs seek injunction against PEC, preventing it from holding runoff election.
Additionally, they want the court to declare sections of Koror State law K6-123-2001 that calls for runoff election as null and void stating that it is in violation of Koror State Constitution.
Palau Election Commission’s letter of November 30 to plaintiffs stated that they will implement Koror State law K6-123-2001 and will continue to hold Koror State Runoff election.
The preliminary hearing has been set for December 6 at 1pm at Court Room 104 in Koror. [/restrict]