Manglona places under advisement motions in Davis’ lawsuit

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has placed under advisement the motions that seek a ruling to a lawsuit filed by John H. Davis Jr., a U.S. citizen who seeks to stop the Commonwealth Election Commission from denying U.S. citizens who are not of Northern Marianas descent the right to vote of any issue regarding Article 12 of the CNMI Constitution or on any other issues.

After hearing from counsel during Thursday afternoon’s hearing, Judge Manglona took the matter under advisement and stated that an order would be forthcoming.

Davis filed a motion for summary judgment, while the Office of the Attorney General, as counsel for the government and co-defendants, filed a cross-motion for summary judgment.

Attorney Jeanne Rayphand argued as counsel for Davis. Assistant attorney general Charles Brasington, who appeared with co-counsel assistant attorney general Gilbert Birnbrich, argued for the government.

In the motion, Rayphand asserted that Davis is entitled to declaratory judgment and injunctive relief enjoining CEC and co-defendants from denying him and other U.S. citizens who are not of NMI descent the right to vote and to prevent the deprivation of his right to vote.

Rayphand asked the court to rule that Article 18 § 5(c) of the CNMI Constitution violates 14th and 15th Amendments to the U.S. Constitution and is therefore invalid, null, and void.

Article 18 Section 5(c) states that “in the case of a proposed amendment to Article 12, the word ‘voters’ shall be limited to eligible voters under Article 7 who are also persons of Northern Marianas descent as described in Article 12 Section 4, and the term ‘votes cast’ as used in subsection 5(b) shall mean the votes cast by such voters.”

Rayphand also requested the court to declare that Public Law 17-40 violates the 14th and 15th Amendments to the U.S. Constitution and is therefore invalid, null, and void.

Article 12 limits landownership in the CNMI only to those of NMI descent.

Last Friday, April 20, Manglona dismissed CEC from the lawsuit. The judge ruled that considering that CEC is not a proper defendant on any of Davis’ claims in his second amended complaint, CEC is dismissed from the lawsuit.

The remaining defendants in the case are CEC chair Frances M. Sablan, CEC executive director Robert A. Guerrero, and Gov. Benigno R. Fitial. (Ferdie de la Torre)