AGO opinion: Law bars initiative from being on the ballot this Nov.

Deputy attorney general Gregory Baka believes that existing law prohibits any initiative petitions from being placed on the ballot for this year’s federal election.

A citizen petition to subject the Legislature to the Open Government Act is awaiting review by the Commonwealth Election Commission. Rep. Tina Sablan, who as a private citizen started the petition last year, hopes to get the initiative petition voted upon in the Nov. 4 election, when the Commonwealth picks its first delegate to the U.S. House of Representatives.

In a letter to acting CEC executive director Julita A. Villagomez, Baka said there is still “a difference of opinion as to whether an initiative petition may properly be placed on this year’s ballot, as opposed to waiting for the regular general election” next year.

“My view is that the latter is correct, though this must ultimately be decided by the commission,” Baka said.

The Constitution requires that popular initiatives to amend a general law should be placed on the ballot at a “regular general election.”

Baka said there is no doubt that the upcoming delegate election is a “general election,” but he raised a question as to whether this year’s federal election is a “regular” general election. He argued that the Constitution clearly defines a “regular general election” as an election held on the first Saturday in November.

“In my view, under current law, the federal general election is not a ‘regular general election,’ and hence not currently the proper time to cast ballots on voter initiatives,” he said.

He acknowledged, however, that the Legislature may expand the statutory definition of “regular general election” between now and Aug. 6, 2008, which is the deadline for the Office of the Attorney General to certify initiative petitions.

Despite his opinion, Baka asked the Election Commission to act fast in reviewing the signatures affixed to the Open Government Act petition. Although the deadline is Aug. 6, the Election Commission was urged to verify the signatures by Monday, July 7, to give the proponents close to another month to gather more signatures if necessary and still make this year’s election.

To be placed on the ballot, an initiative petition must be signed by at least 20 percent of the registered voters. For this year, the threshold is about 2,400 signatures. Sablan has submitted approximately 2,800 signatures.

Since many of the signatures were collected last year, after which many people have moved out of the CNMI, “it is more important than usual to ensure the signers are still registered to vote,” Baka said.

While the Open Government Act applies to all other government agencies, the Legislature passed a law in 1994 to exempt itself from the act’s provisions. The petition calls for a law re-applying the government transparency law to the Legislature.