Ada-Hocog bill now a law

The wait is over for Covenant Party candidate Rose Nelly T. Ada-Hocog, with the governor approving a bill that will allow her to run for the House of Representatives in the Nov. 5, 2005 general election.

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

The bill became Public Law 14-88 after the governor signed it.

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 for at least two years in the election precinct where he or she is running for office.

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.

“The administration notes that the prospective changes to the Election Law of the [CNMI] are proper under the NMI Constitution. The administration further notes that the retroactive application of the provisions set forth in this measure, though subject to judicial scrutiny, are generally upheld provided that the statute is supported by a legitimate legislative purpose furthered by rational means,” Babauta said in his transmittal letter to the Legislature.

P.L. 14-88 also undoes a recent amendment to election regulations, which mandated that candidates be listed on the ballot according to position or office, rather than political party.

Effective the next general election in 2007, all candidates of a recognized political party will be listed consecutively on the ballot with all the other candidates of the same party.

The enactment of the new law renders moot and academic the lawsuit filed by Ada-Hocog against the election commission.

Ada-Hocog had sued CEC for refusing to certify her candidacy for representative of Election District 1 based on her failure to meet the two-year voter registration requirement allegedly provided by election law.

She asked the Superior Court to stop CEC from conducting a lottery that would determine the position of Precinct 1 candidates on the ballot. She also asked the court to provide its interpretation of eligibility requirements for House candidates, particularly the provision concerning a requirement for candidates to be a registered voter for at least two years.

In line with the enactment of P.L. 14-88, the election commission will hold the lottery for Precinct 1 candidates this afternoon, said CEC executive director Gregorio Sablan.

Then, the Board of Elections will meet on Friday to certify Ada-Hocog’s candidacy.

“The new law removes any condition that bars Ada-Hocog from running in Election District 1. It also removes need for any further litigation regarding the issue of eligibility,” said Sablan.