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Election Fees, RPPL 9-40

RPPL No. 9-40

NINTH OLBIIL ERA KELULAU

Third Regular Session, July 2013
RPPL No. 9-40

Passed as House Bill No. 9-58-3,HD2,SD3

AN ACT

To amend Title 23 of the Palau National Code to increase the filing fee for candidates that run for office in national elections, to establish the Election Fund, and for related purposes.

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

Section 1. Legislative Findings. The Olbiil Era Kelulau finds that it is appropriate to periodically revisit Palau's election laws to ensure the relevance and efficiency of their application. Because Palau does not have an established party system through which nominees are chosen and eventually placed on the ballot for election, the community has been faced with candidates on the ballot that are not sincerely seeking office. The Olbiil Era Kelulau therefore finds it necessary to amend existing legislation to encourage only sincere persons seeking office to file nominations.

Section 2. Amendments. Section 1105 of Title 23 of the Palau National Code is hereby amended as follows:

"§ 1105. Nominating petitions.

(a) Nomination of all candidates may be made by petition initiated by a candidate or by any five qualified registered voters and authorized by such candidates to so initiate a petition; provided that said nominating petition shall specify the public office being sought and no other petition has been filed by or for such candidate. The name of a candidate for election shall be printed on an official ballot only if not less than ninety (90) days prior to the election, a nominating petition has been filed in the office of the Election Commission and signed by:

(1) Not less than 500 qualified voters of the Republic if the offices of the President or Vice President is being sought;

(2) Not less than 25 qualified voters of the state if membership in the House of Delegates is being sought; or

(3) Not less than 50 qualified voters of the senatorial district if membership in the Senate is being sought.

(b) A non refundable filing fee shall be paid at the same time as the nomination petition is filed with the Election Commissioner. The filing fee for the offices of President or Vice President shall be one thousand dollars ($1,000), or two percent of the annual salary of each respective office, whichever is lesser. The filing fee for membership in the Senate shall be five hundred dollars ($500), or two percent of the annual salary of a Senator, whichever is lesser. The filing fee for membership in the House of Delegates shall be five hundred dollars ($500), or two percent of the annual salary of a Delegate, whichever is lesser. All filing fees shall be paid over to the Election Fund in the National Treasury. The Election Commissioner shall upon receipt of a nominating petition endorse thereon the day, hour, and minute that such nominating petition was received. Any candidate may withdraw his name from the official ballot by giving notice in writing to the Election Commissioner no later than 25 days before the election.

(c) Nothing contained in this section shall prohibit a person from seeking office as a write-in candidate except a name written upon a ballot in a runoff election shall not be counted as a vote.

(d) Nominating petitions for the offices of President and Vice President may only be filed in order to place the name of a candidate on the ballot for the primary election."

Section 3. Amendment. 23 PNC § 1004 is amended to state as follows:

"§ 1004. Expenses.

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. However, filing fees for all national elections, and half of the collections from state election filing fees are deposited in the Election Fund."

Section 4. Amendment. 23 PNC § 1005 is amended to state as follows:

"§ 1005. Conduct and supervision of state elections.

(a) Any provision of any state law to the contrary notwithstanding, the Election Commission shall have overall authority and responsibility for the conduct of all elections, the registration of all voters, the tabulation of all votes, and the announcement of the official results of all state elections in accordance with all provisions of the applicable state law governing the election which are not inconsistent with the provisions of this section; provided, that if there is no applicable state law governing any state election or to the extent that such law does not fully provide for the conduct of such election, the registration of voters, the tabulation of votes, or the announcement of official results, the Election Commission shall formulate regulations to govern such election which shall be substantially similar to the provisions of this title with due recognition of local conditions. Such regulations shall have the force and effect of law

(b) No later than 30 days after the deadline for filing for candidacy in a state election, the state must remit half of the amount collected in filing fees for the state election to the Election Fund."

Section 5. Amendment. Chapter 12 of Title 23 of the Palau National Code is amended by adding a new Section 1206 to state as follows:

"§ 1206. Election Fund.

(a) In the National Treasury, there is a separate and distinct account, known as the Election Fund, to fund the operations of the Election Commission and to receive election filing fees and other expenses incurred in national and state elections.

(b) The Election Commission may expend and obligate money from the Election Fund for the purpose of undertaking the duties and responsibilities assigned to the Election Commission by law.

(c) All filing fees for candidates in national elections must be deposited in the Election Fund and half of all collections from filing fees for candidates in state elections must be deposited in the Election Fund.

(d) The Election Fund may also receive funds through appropriations as directed by law, or as otherwise directed by law. However, an appropriation to the Election Commission is not considered an appropriation to the Election Fund.

(e) Any balance in the Election Fund that is not expended or obligated at the end of a fiscal year does not lapse, but carries over to the next fiscal year."

Section 6. Amendment. 23 PNC § 1504 is amended to state as follows:

"§ 1504. Withdrawal of candidates.

(a) . . .

(b) If a candidate withdraws his name later than 12 days before an election and the ballots are in the process of or have been printed and it becomes necessary in the opinion of the Election Commission or the election board for a reprinting of the ballots or a striking out of a candidate's name by a reprint block-out, all expenses thereof, except in case of a withdrawal necessitated for medical cause and so certified by a physician, shall be a charge against the withdrawing candidate and shall be paid by him within 60 days after such withdrawal to the Election Commission. Moneys so received shall be deposited into the Election Fund in the National Treasury.

(c) . . ."

Section 7. Amendment. 23 PNC § 1603 is amended to state as follows:

"§ 1603. Nominating petitions.

Nomination of candidates for the special election may be made by petition initiated by a candidate or by any five (5) qualified voters registered in the election district where a vacancy declared pursuant to section 1602 of this chapter occurs and authorized by such candidate to so initiate a petition; provided, however, that said nominating petition shall specify the public office being sought. The name of a candidate for the special election shall be printed on the ballot only if not less than fifteen (15) days prior to the special election, a nominating petition has been filed in the Office of the Election Commission and signed by:

(a) Not less than fifty (50) qualified voters of the Senatorial District if a vacancy in the Senate is being filled; or not less than twenty five (25) qualified voters of the state if a vacancy in the House of Delegates is being filled.

(b) A nonrefundable filing fee of five hundred dollars ($500), or two percent of the annual salary of a Senator, whichever is lesser, shall be paid at the same time as the nominating petition for the Senate is filed and a nonrefundable filing fee of five hundred dollars ($500), or two percent of the annual salary of a Delegate, whichever is lesser, shall be paid at same time a nominating petition for the House of Delegates is filed with the Election Commission. All filing fees shall be paid over to the Election Fund in the National Treasury.

(c) The Election Commission shall, upon receipt of a nominating petition, endorse thereon the day, hour, and minute that such nominating petition was received. Any candidate may withdraw his name from the official ballot by giving notice in writing to the Election Commission no later than ten (10) days before the special election.

(d) Nothing in this section shall prohibit a person from seeking office as a write-in candidate; provided, however, that a name written upon a ballot in a runoff election shall not be counted as a vote."

Section 8. Effective Date. This Act shall take effect upon its approval by the President of the Republic of Palau or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: November 5, 2014

Approved this __2nd___ day of __December__, 2014

________________/s/__________________
Tommy E. Remengesau, Jr.
President of the Republic of Palau