‘Sequestration means securing ballots until appeal is resolved’

The proposed sequestration of ballots means that once the Commonwealth Election Commission completes the tabulation of all ballots, except the portion for the Article 12 initiative, CEC will then secure the ballots and put them in a secure area pending the disposition of their appeal, according to CEC executive director Robert A. Guerrero.

Guerrero explained yesterday that what CEC and Gov. Eloy S. Inos are asking in their motion for sequestration of ballots is for the U.S. District Court for the NMI to allow them or dictate the commission not to tabulate House Legislative Initiative 18-1, the proposed amendment to Article12.

Guerrero said once the tabulation for all the races are done, they are going to secure the ballots until such time that the U.S. Court of Appeals for the Ninth Circuit resolves their appeal.

He said if the Ninth Circuit affirms U.S. District Court for the NMI Chief Judge Ramona V. Manglona’s ruling that all registered voters can vote on Article 12 initiatives, then they will bring out the sequestered ballots and tabulate that portion for the House Legislative Initiative 18-1.

Guerrero said if the Ninth Circuit overturn Manglona’s decision and rules that only Northern Marianas descents can vote on Article 12 initiatives, then they will redo the election for that legislative initiative.

The position of CEC and Inos is to allow all qualified voters to vote on the initiative, but to stop the tabulation of the votes on the initiative, pending the resolution of their appeal.

“Basically, one we finished the tabulation, we have to secure the ballots and lock them up,” said Guerrero in explaining their sequestration request.

At the Nov. 4 election, Saipan and Northern Islands voters will be given two ballots—one for the general election and one for the special election for a Senate seat. The Initiative portion is included in the ballots for the general election.

In his declaration filed in court, Guerrero disclosed that the tabulating machines could be coded in such a manner as to “skip” certain section of the ballots.

He said the proper code needs to be entered into the tabulating machines before the Commission begins tabulating the ballots.

“If the court so ordered, the tabulating machines could be programmed to skip Legislative Initiative 18-1,” he pointed out.

In an interview, Guerrero said right now the law says they have to tabulate within 20 days after the election and certify the election within 20 days.

“So basically we have to tabulate everything. So if we get the order for us not to tabulate [the initiative], that’s the only portion we will not tabulate until such time that this issue is resolved with the court and then we go back and tabulate that portion of the election,” he said.

Assistant attorney general Charles Brasington filed Wednesday the motion for sequestration on behalf of CEC, its officials, and Inos.

Brasington argued that tabulating and certifying the votes prior to the disposition of defendants’ appeal will set in motion actions that will be difficult to undo if the Ninth Circuit reverses Manglona’s decision on who could vote on the Article initiative.

Manglona set a hearing on the sequestration motion for Oct. 29.

John D. Davis, a registered voter in the CNMI and a non-Northern Marianas descent, sued CEC and its officials in his desire to vote on any initiative to amend Article 12. Manglona ruled in favor of Davis.

In that landmark decision, Manglona ruled that qualified voters who are not of Northern Marianas descents must have the opportunity to vote on the Article 12 initiative and any other initiatives to amend Article 12.

Article 12 restricts the ownership of land in the CNMI to persons of Northern Marianas descent.

CEC appealed to the Ninth Circuit, asking to reverse the decision.

At the Nov. 4 election, voters will decide whether to approve or not the proposed amendment to NMI Constitution’s Article 12 to allow any U.S. citizen with “at least some degree” of Chamorro or Carolinian blood to be considered a person of Northern Marianas descent and can therefore own land in the Commonwealth.

Currently, only those with at least 25 percent NMD blood can own land in the CNMI.