Article 12 popular initiative now for ’14 polls

Proponents of the repeal of Article 12 or the land alienation provision of the NMI Constitution are now working to place the question on the ballot in the November 2014 general elections instead of the Nov. 6, 2012 midterm polls, while the Saipan casino popular initiative has gathered less than half of the estimated 2,500 signatures needed just a few days before the June 8 deadline for submission of signatures to the Office of the Attorney General.

“We know it’s an uphill battle, we’re very doubtful that we’d make it to the midterm elections. Our goal is to have it placed on the ballot during the general election,” Citizens for Change of Article 12 president Efrain F. Camacho told Saipan Tribune yesterday.

Article 12 of the NMI Constitution restricts landownership in the CNMI only to persons of Northern Marianas descent, or NMDs.

Camacho said they are aiming for a little over 7,000 signatures for the general elections.

“We will continue our efforts in educating the public about Article 12,” he added.

David M. Sablan, treasurer for CCART 12, separately said on Saturday they were able to gather less than 3,000 signatures but they will have the exact number by today.

Both Camacho and Sablan expressed disappointment that the Legislature chose not to pass legislative initiatives on Article 12 so that the question on whether or not Article 12 should be retained or repealed will be placed before voters.

“A popular initiative, which CCART 12 has been pursuing, is far more difficult than having a legislative initiative passed by the House which has 20 members and the Senate which has nine members,” Sablan said.

Camacho, for his part, said it is “unfortunate” that lawmakers, by not passing Article 12 legislative initiative, didn’t give voters a chance to decide on the matter.

“The Legislature does not have confidence in the public because they did not allow them to decide on it,” he said. “The legislators want us to go the hard route.”

Camacho said the Senate’s rejection of Senate President Paul Manglona’s (Ind-Rota) Senate Legislative Initiative 17-10 does not mean the issue is “dead.”

“It’s dead for them, but not for the public which is us, so we will continue educating the public about Article 12,” he added.

CCART 12, according to Camacho, has been requesting the Saipan Chamber of Commerce to hold a forum wherein proponents and opponents of the repeal of Article 12 could argue their positions.

Both supporters and opponents of a repeal of Article 12 use the phrase “for the protection of NMDs” to argue their point.

But CCART 12 said current NMDs are already losing their land because of the blood quantum requirement, and future generations will lose their right to own or inherit land from their parents if blood quantum continues to be diluted.

“So how is Article 12 protecting an NMD that is less than 25 percent bloodline?” CCART 12, referring to many NMDs marrying outside the Chamorro/Carolinian bloodline and whose children will not be able to own lands passed on to them by their parents and ancestors.

Casino initiative

Proponents of a popular initiative seeking to legalize casino gambling on Saipan are also having difficulty gathering signatures to place the question on the Nov. 6 ballot.

Dr. Jack Angello said they have so far gathered some 1,000 signatures, which is still far from the required 2,500 or so signatures from Saipan voters.

Angello said they will be submitting the signatures to the OAG on Thursday, a day before the June 8 deadline. That’s because June 8 is an austerity Friday.

He said the group would have the exact number of signatures today when their supporters turn in their signature packets.

Angello said they will be gathering signatures for the casino petition again tomorrow, Tuesday, at 5pm at the Carolinian Utt in Garapan.

“If people are really concerned about the economy, I hope they support and sign the petition. I hope people see that it’s now crunch time,” he said.

Angello said they are not giving up hope that the casino petition will gather more signatures between now and Thursday.

June 8 deadline

The Office of the Attorney General said that the deadline for submitting a petition to propose an amendment to the Constitution to the attorney general is 150 days before the general election, pursuant to NMIAC § 5-50-201.

“This year, the general election is on Nov. 6; 150 days before that date is Saturday, June 9. If the normal deadline falls on a Saturday, then the deadline is the immediately preceding business day. NMIAC § 50-50-601. Thus, a petition to propose an amendment to the Constitution must be submitted to the Attorney General on or before Friday, June 8, 2012,” said assistant attorney general Teresita Sablan in a response letter to resident Ruth Tighe.

But because June 8 is a Friday, and most government offices are closed on that day because of austerity, proponents of the Saipan casino initiative will submit the signatures on Thursday.

The attorney general has 30 days to determine how many valid signatures the petition contains and to provide notice to the submitting party of his determination, the OAG said.

If the petition has a sufficient number of signatures to satisfy the constitutional requirements, but the attorney general is unable to certify a sufficient number of the signatures, the submitting party shall have an additional 10 days to submit additional signatures to support the petition, pursuant NMIAC § 5-50-240, the OAG said.

If the petition does not have a sufficient number of signatures to satisfy the constitutional requirements, however, the submitting party shall not have any additional time to submit supporting signatures, the office said.

Moreover, if the submitting party is given additional time to submit additional signatures, the NMIAC does not set a time frame in which the attorney general must certify the additional signatures, the OAG said.

However, the attorney general must submit a written certification to the Commonwealth Election Commission, indicating whether the petition meets the constitutional requirements at least 90 days before the general election. § 5-50-501.

“Thus, if a submitting party is given additional time to gather signatures, the Attorney General must certify the additional signatures by Aug. 8, 2012,” the OAG added.