AGO: Fed law may imperil Yumul’s future candidacy

Rep. Ray N. Yumul may be able to run for office this election, but doing so may imperil his ability to be a candidate in the future, based on a legal opinion issued by the Attorney General’s Office.

According to assistant attorney general Arin Greenwood, a U.S. serviceman will be violating a federal law if he runs for or holds elected office while on active duty. Such violation may cause him to be barred from being a political candidate in the Commonwealth in the future.
Yumul, a U.S. Army Reserve member, was called to active duty on August 2004 and will be serving in Iraq until February 2006. He is seeking another term in the House of Representatives as an independent candidate.

Greenwood noted that there is no Commonwealth law or regulation preventing a member of the Armed Forces on active duty in the U.S. military, or a reserve member who is serving more than 270 days on active duty, from being a candidate for elected office or from serving as an elected official in the Commonwealth.

However, a U.S. Department of Defense directive expressly prohibits soldiers from holding or running for elected office. There are exceptions to this federal law, but they are limited to nonpartisan civil offices and include such positions as notary public and member of a school board, Greenwood said.

She also pointed out that only the federal government—and not the Commonwealth—can enforce the Defense Department’s directive. But the CNMI may be able to prevent persons who have been convicted of violating the directive from being candidates for elected office or from holding elected office.

Greenwood explained that local law bars individuals who have been convicted of a felony anywhere in the United States from running for any elected office in the Commonwealth.

While some state courts in the United States have found that military court convictions constitute “felony” for various purposes, there is no statute, regulation, or case law addressing the issue of violations of the DoD directive.

“The [Commonwealth Election] Commission may enact a regulation interpreting the term ‘felony’ and decide whether or not it includes violations of military laws, such as [the U.S. Defense directive],” Greenwood said.

“In the meantime, unless the legislature, [election] commission, or a court determines that violation of [the directive] does not constitute a felony, anyone who violates [the directive] risks becoming ineligible to run for or hold elected office in the Commonwealth,” she added.

Marites Acosta Yumul, wife of Representative Yumul, earlier maintained that her husband’s decision to run for office was made according to military policy.

Acosta-Yumul said her husband secured his commanding general’s permission before filing his candidacy. A copy of the U.S. Army’s written approval was submitted to the election commission along with Yumul’s nomination, she added.

“Congressman Yumul’s application for re-election to the Commonwealth Election Commission did not violate any local and federal laws nor any military policies and regulations,” Acosta-Yumul maintained.