CEC feels vindicated in dispute

The enactment of the Ada-Hocog bill affirmed the Commonwealth Election Commission’s interpretation of the eligibility requirements for candidates for the House of Representatives, the commission said.

“The Commonwealth Election Commission correctly interpreted 1 CMC § 6303 to mean that, among other requirements, a candidate for the House of Representatives must be both registered to vote and registered to vote in the election district where he or she is a candidate for two years immediately preceding the date of the election. This is what has become known as the ‘in addition’ clause of 1 CMC § 6603,” said CEC executive director Gregorio Sablan.

Covenant Party member Rose Nelly T. Ada-Hocog filed a petition to be certified as a candidate for the House of Representatives in Election District 1.

In accordance with its interpretation of the election law, the commission rejected Ada-Hocog’s nomination because she failed to vote in the 2003 general election. Voters who fail to cast a ballot in an election are automatically removed from the voters list.

Ada-Hocog then filed a lawsuit against the commission. She claimed that the election law, as interpreted by the commission, was unconstitutional since the Constitution did not contain any requirement that a candidate for the House be a registered voter for two years.

“The Commonwealth Election Commission, as an agency under the executive branch, cannot negate the law despite Ms. Ada-Hocog’s arguments. While the commission is convinced that its interpretation of 1 CMC § 6603 is correct, and does not necessarily agree with the arguments of Ms. Ada-Hocog, it also understands that the courts and/or the Legislature could change 1 CMC § 6603 and the change could also allow Ms Ada-Hocog to run in this year’s election,” Sablan said.

Gov. Juan N. Babauta signed Senate Bill 14-96 on Monday. The new law removes restrictions pertaining to residency and voter registration that were previously imposed on candidates for the House of Representatives.

Specifically, the new law reduces the CNMI residency requirement from five years to three years. The measure removes the requirement that a candidate be a resident of the election precinct where he or she is running for office for at least two years.

The new qualifications will apply retroactively to all persons who filed to have their candidacy for the Nov. 5 election certified by the Commonwealth Election Commission.