- · Seeks Declaratory Judgement that a person register physically in Palau
BY: L.N. REKLAI
A motion asking the court to grant Temporary Restraining Order and an injunction against Palau Election Commission to stop them from opening and counting all absentee ballots cast outside of the Republic of Palau on September 27, 2016 primary election was filed on the eve of the Primary Election by Joel Toribiong and Plaintiffs, Richard Silmai, Ephraim Ngiraite, Moses Yobech, Isreal Demei and Richard Sundei.
The plaintiffs have earlier filed a suit against Palau Election Commission alleging that it did not follow the law by registering people to vote in Palau while physically outside of the Republic Of Palau, in violation of 23 PNC 1401 and 1402, which, according to the plaintiffs, require that “voter registration process take place exclusively within the Republic of Palau.”
The plaintiffs asked the court to grant TRO and restrain Palau Election Commission from opening, counting and tabulating all absentee ballots cast by overseas voters and received by Palau election commission.
Furthermore, plaintiffs claim that their motion meets all the standards required for an injunction to be issued. Citing that their case has high likelihood of success, that they will suffer irreparable injury if injunction is not granted, that harm to them is greater that potential harm to PEC and that it is in the best interest of the public to grant the TRO.