Bill wants voters to decide on need for constitutional convention

Sen. Victor B. Hocog (R-Rota) has introduced a bill that seeks to ask voters at the 2022 general election if there should be a constitutional convention to propose amendments to the NMI Constitution.

Hocog said his legislation, Senate Bill 22-58, aims to ask voters at the next general election whether or not to convene another constitutional convention, and that it does not advocate nor recommend a position relative to the question.

He said because the submission of the question to the voters is constitutionally mandated, and because the issue was last presented to voters in 2005 when there were 7,394 votes in favor of convening a constitutional convention and 5,156 votes against, it is now necessary to present the question to voters once again.

Hocog first hinted of introducing a bill about the constitutional convention last July when the full Senate adopted the report of the Senate Committee on Resources, Economic Development and Programs that recommended filing or shelving a legislative initiative that had proposed to amend Article 12 to remove the land alienation restriction in the CNMI. In legislative lingo, “filing” a bill means setting it aside or not acting on it further.

Victor B. Hocog

He said he envisions Article 12 to have a natural death. “But if we want to ensure that we continue to protect Article 12, I guess a constitutional convention delegate must come [up with a scheme on] how do to protect Article 12 for the generation to come,” Hocog added.

The NMI Constitution became effective on Jan. 9, 1978, and has been amended over 50 times since its adoption.

After the adoption of the NMI Constitution by the first constitutional convention in 1978, two subsequent constitutional conventions convened. On Nov. 3, 1985, voters ratified all 44 amendments proposed by the second constitutional convention that was held in the same year.

All 19 amendments proposed by a third constitutional convention that was held in 1995 failed to win the voters’ approval.

An amendment proposed by a constitutional convention becomes effective if approved by a majority of the votes cast and at least two-thirds of the votes cast in each of two senatorial districts.

As provided by Article 18, constitutional amendments may be proposed by constitutional convention, popular initiative, or legislative initiative.