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Commonwealth of the Northern Mariana Islands
Office of the Attorney General
2nd Floor Hon. Juan A. Sablan Memorial Bldg.
Caller Box 10007, Capital Hill
Saipan, MP 96950-8907
Thursday, 9 July 2009
Ms. Frances M. Sablan
Chairwoman
Mr. Robert A. Guerrero
Executive Director
Commonwealth Election Commission
P.O. Box 500470
Saipan, MP 96950-0470
Re: Certification of Constitutional compliance for initiative petition to subject
the Legislature to the Open Government Act
Dear Chairwoman Sablan and Executive Director Guerrero,
Pursuant to the Regulations Governing Certification of Signatures for
Initiative, Referendum and Recall Petitions § 3-102, 27 Commw. Reg. 24015,
24028 (Feb. 17, 2005) (submission to AG no later than 150 days prior to next
regular general election) (10 June 2009), the Commonwealth of the Northern
Mariana Islands (CNMI) Office of the Attorney General (OAG) has been asked
by Representative Christina-Marie E. Sablan on behalf of a group of CNMI
citizens to certify whether their timely-submitted initiative petition to subject
the Legislature to the Open Government Act (OGA) complies with the CNMI
Constitution. 1 find that the initiative petition does satisfy the requirements
of Article IX, Subsection 1(a) and, thus, should be submitted to the voters
of the Commonwealth in the election scheduled on Saturday, 7 November 2009.
As you are aware, Article IX, Subsection 1(a) of the CNMI Constitution,
contains all the requirements for a petition to be placed on the ballot. It provides:
An initiative petition shall contain the full text of the proposed law.
If the petition proposes a general law for the Commonwealth, the petition
shall be signed by at least twenty percent of the persons qualified to vote
in the Commonwealth.
N.MLL Const. art. IX, § l(a). The Attorney General is required to certify whether
or not this requirement has been met. N.M.I. Const. art. IX, § 1(b). Ifa petition
meets the requirements of subsection 1(a) and the Attorney General so certifies
at least ninety days before the election — by Sunday, 9 August 2009 — then
the petition must be submitted to the voters in the next general election,
NML Const. art. IX, § 1(¢).Ms, Frances M. Sablan, Chairwoman
Mr. Robert A. Guerrero, Executive Director
Commonwealth Election Commission
Re: Certification of Constitutional compliance for initiative petition to subject,
the Legislature to the Open Government Act
‘Thursday, 9 July 2009
Page 2
‘On Tuesday, 6 May 2008, the proponents of the OGA amendment timely submitted
the initiative petition, bearing an apparent 2,740 signatures, to the CNMI OAG, including
approximately 295 supplemental signatures on Friday, 6 June 2008. On 7 June 2008 there were
12,049 registered voters in the CNMI, according to the Commonwealth Election Commission
(CEC). Therefore, under the requirement that an initiative petition “shall be signed by at least
twenty percent of the persons qualified to vote in the Commonwealth,” N.M.L Const. art. IX,
§ l(a), the initiative then needed 2,410 valid signatures. However, on 10 July 2008 the CEC
determined that although the apparent signatures on the petitions submitted exceeded that, they
contained only 1,898 valid signatures, so the proponents were given an additional ten days to file
additional 512 valid signatures. Regulations § 3-109, 27 Commw. Reg. 24015, 24031 (Feb. 17,
2005). On Monday, 21 July 2008, a batch of “make-up” signed petitions, reportedly containing
1500 signatures, was submitted.
As of Wednesday, 10 June 2009, the number of registered voters in the Commonwealth
‘was ascertained by the CEC staff to be 13,848. ‘Therefore, the 20% requirement is 2,770 valid
signatures. The CEC staff has determined that 2,979 of the submitted signatures remain valid,
exceeding the required 20%.
Because the initiative petition for the Open Government Act amendment satisfies
the requirements of the Constitution of the CNMI, Article IX, Subsection 1(a), I certify that
it should be submitted to the voters of the Commonwealth in the next general election that is
at least ninety days away. The next such election will occur on Saturday, 7 November 2009.
The petition should be submitted to the voters in that election, to “become law if approved
by two-thirds of votes cast by persons qualified to vote in the Commonwealth.” N.M.I. Const.
art. IX, § 1(d).
Ifyou have any questions please do not hesitate to contact Assistant Attorney General
Meaghan Hassel Shearer or myself.
Very truly yours,
Miagary Sohn
Gregory Baka
Acting Attorney General
Ce: Hon. Christina-Marie E, Sablan