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AGO urged to bring to court constitutionality issue over Article XII vote
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Posted on Apr 06 2008
A House committee has urged the Office of the Attorney General to clarify with the court who may vote on proposals to amend the Commonwealth’s land alienation policy.
Rep. Ramon A. Tebuteb, chairman of the House Committee on Natural Resources, posed the request amid concern about the legality of a voting limitation contained in the Constitution in relation to land ownership law.
Under the Constitution, only persons of Northern Marianas descent may vote on any proposed amendment to the land ownership law. But such restriction is interpreted by some as potentially illegal, as it infringes upon the rights of non-indigenous voters.
Tebuteb, in a letter to Attorney General Matthew Gregory, expressed hope that the legal question would be brought to the CNMI Supreme Court before legislative initiatives are placed on the ballot for referendum.
“We feel strongly that whatever the legal disposition, this matter should be resolved before any vote on Article XII is conducted. In times of great economic uncertainty it is important to minimize the strain on the limited resources of the [Commonwealth Election Commission] whenever possible,” Tebuteb said.
Tebutebs’s committee is currently reviewing two initiatives proposing to amend Article XII of the CNMI Constitution. House Legislative Initiative 16-4, introduced by Rep. Heinz Hofschneider, seeks to change the leasehold terms for private lands allowed by the CNMI Constitution from 55 years to 75 years.
H.L.I. 16-8, penned by Rep. Victor B. Hocog, seeks to add a new Section 7 to allow each senatorial district to set its own land alienation policy.
