Poll body warns vs vote buying schemes

The Election Commission has issued a notice warning the public from engaging in any activity or arrangement that constitutes vote buying.

It includes giving or receiving “anything of value in exchange for a promise to vote for or against any candidate or issue on the ballot or even just a promise to vote or not to vote.”

The commission said that election law prohibits candidates or their campaign committees, or any person, from giving monetary or in-kind contributions for such expenses as airplane tickets, purchase of fundraising tickets, payments for utilities, television or telephone charges, car rentals, car repairs, and the like.

At the same time, the law prohibits any person from receiving favors—monetary or otherwise—from the candidates, their campaign committees, or representatives in exchange for a vote or a promise to vote.

Any person found violating the law would be charged with a felony and will be made to pay a fine no greater than $50,000 or imprisonment of not more than five years, or both.

The commission also called on the candidates to make a diligent effort to ensure that all expenses made on their behalf, by any other person or committee, are properly itemized and reported to the Office of the Public Auditor as required by law.

The CNMI will hold its general elections this year on Nov. 5.

There are at least four candidates running for governor. They are incumbent Gov. Juan N. Babauta of the Republican Party, House Speaker Benigno R. Fitial of the Covenant Party, former Gov. Froilan C. Tenorio of the Democratic Party, and congressman Heinz S. Hofschneider, independent.

Democratic Senator Luis P. Crisostimo, who recently formed his own party, Populao National Democratic Party, may also pursue the gubernatorial candidacy.

Meanwhile, the OPA earlier said that civil servants making campaign contributions to political candidates may be unwittingly violating the law since the statute provides “two inconsistent rules.”

Public auditor Michael Sablan said that the Civil Service Commission has yet to come out with a categorical interpretation of provisions on the ability of a civil service employee to accept or make voluntary contributions to a political organization.

He cited that Section 8142(b) of the Civil Service Act states: “Any person in the civil service may make voluntary contributions to a political organization for its general expenditures.”

However, Section 8145(3) of the same Act states: “No public official or employee shall directly or indirectly hand over to any other official or employee any money or other things of value on account of or to be applied to the promotion of any political objective whatsoever.”

Following inquiries from OPA, CSC legal counsel John Cool said in an opinion in July 2003 that “the Commission interprets the provision as prohibiting public officials and public employees from paying political contributions to other public officials and public employees, and prohibiting public officials and public employees from soliciting political contributions from other public officials and public employees.”

In Sept. 2004, Cool further opined, “[A] civil service employee may make contributions to a political organization for its general expenditures, but may not make the contribution directly to a public official or public employee.”

For his part, Sablan said a more categorical interpretation must be provided by the commission. He said the apparent contradiction is a greater concern now with the enactment of the Election Reform Law of 2000.

This law equires candidates to disclose the names of their supporters who have made at least $100 in total contributions over the course of the campaign.