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Vacancy of Vice President, RPPL 7-40 2008

RPPL NO. 7-40
(Intro. as HB No. 7-101-11S, HD3, SD1)

AN ACT

To amend 2 PNC §304 and §303 to provide for the vacancy in the Vice Presidency other than from the Vice President's succession to the Presidency in accordance with the Third Amendment of the Constitution of the Republic of Palau.

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

Section 1. Legislative Findings. The Olbiil Era Kelulau finds it necessary to amend 2 PNC §304 to revise the law pertaining to vacancy in the position of Vice President, other than from the V ice President's succession to the Presidency. Article VIII, Section 11 of the Republic of Palau Constitution reads as follows;

"The Vice President shall succeed to the office of the President if it becomes vacant. If the vacancy occurs due to death, resignation or disability and more than 180 days remain in the term, a national election for the offices of the President and Vice President for the remaining term shall be held within two months of such vacancy. In the event that the offices of both the President and Vice President become vacant, the order of succession to the Presidency shall be as follows: presiding officer of the Senate, presiding officer of the House of Delegates, and then as provided by law."

The Palau National Code provides additional law as to succession in Title 2 §302 provides that in the event that the Presidency becomes vacant due to death, resignation or disability and there are 180 days or less remaining in the term the Vice President shall succeed to the Presidency. If the Presidency becomes vacant due to impeachment or recall, the Vice President shall succeed for the remaining term. Under §303, if the Vice Presidency becomes vacant due to the impeachment or recall of the President, then the President of the Senate shall become Vice President. Under §304, if the Vice Presidency becomes vacant due to the death, resignation, disability, impeachment or recall of the Vice President the current law provides that the President of the Senate will become the Vice President.

In the 2004 National Election a Popular Initiative was held which added a Third Amendment to the Constitution of the Republic of Palau that provides for the election of the President and Vice President on the same "ticket". Because the President and Vice President will be running and ultimately chosen jointly, it can be assumed that they will hold and promote the same political ideals and views. When the Vice Presidency becomes vacant due to the death, resignation, disability, impeachment, or recall, the President of the Republic should be allowed to choose his running-mates successor instead of having to work with a legislated successor. In addition, the position of the Vice President is administrative in mature because it also encapsulates the position of Minister. Because of this, it is also necessary to expedite the appointment of a new Vice President in order for there to be continuous operation and maintenance of the corresponding Ministry. Further, since both the President and the Vice President shall run on the same ticket, and in the event of the death, resignation or disability of the President, such vacancy shall be filled by the Vice President if there is less than 180 days remaining in the term, the Vice President, as acting President, should be permitted to appoint a new Vice President in accordance with the principles stated above. Thus, the Olbiil Era Kelulau finds it necessary to amend 2 PNC §303 and §304 to provide for an expedited process which allows the President to pick a new Vice President when the position becomes vacant due to the death, resignation, disability, impeachment or recall.

Section 2. Amendment. 2 PNC §304 is amended to read as follows:

"§ 304. Vacancy in the Vice Presidency other than from Vice President's succession to the Presidency.

In the event that the Vice Presidency becomes vacant due to the death, resignation, disability, impeachment or recall of the Vice President, the President of the Republic of Palau shall appoint a new Vice President. Should the President choose to appoint as a new Vice President any person who is currently serving as a member or officer of the national government or a state government, that person must resign from his or her current position in order to succeed to the Vice Presidency."

Section 3. Amendment. 2 PNC §303 is amended to read as follows:

"§ 3013. Vacancy in the Vice Presidency due to Vice President's succession to the Presidency.

In the event that the Vice Presidency becomes vacant due to the death, resignation, disability, impeachment or recall of the President, the former Vice President, who has succeeded to the Presidency under subsection (a) of 2 PNC §302, shall appoint a new Vice President. Should the former Vice President, as acting President, choose to appoint as a new Vice President any person who is currently serving as a member or officer of the national government or a state government, that person must resign from his or her current position in order to succeed to the Vice Presidency."

Section 4. Effective Date. This Act shall take effect on January 1, 2009 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: January 21, 2008

Approved this 6th day of Feb , 2008

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