Ballot snafu prevented Yumul from voting in ’05

Congressman Ray Yumul failed to cast his vote in the Nov. 5 elections, an issue that may or may not be tackled by a credential’s committee.

Both Yumul and the Election Commission confirmed yesterday that the former failed to vote last November.

Whether it would disqualify Yumul to sit in the incoming 15th CNMI House of Representatives is already out of the hands of the poll body, said Election Commission executive director Greg Sablan.

“As of today, we have not received Mr. Yumul’s absentee ballot. When we counted the absentee ballots, none of them belonged to him. So we consider Mr. Yumul as failing to vote in the 2005 election,” said Sablan.

“As far as the election body is concerned, I don’t see any reason why he should not be sworn in,” he added.

He said the commission is only concerned whether a candidate is a registered voter in his or her precinct. Yumul, who won his first House seat in the 2003 mid-term elections, is a registered voter from Precinct 3.

Sablan said that Yumul has already re-registered on Nov. 22. “He’s the first one to register for the 2007 elections,” said Sablan.

In a separate interview, Yumul, an Army Reservist who was called to active duty to serve in Iraq last year, said that he does not believe that his failure to vote would be a basis for his disqualification.

“No, it won’t affect the result [of the election],” he said.

Yumul disclosed that he failed to vote because he never received his absentee ballot from the commission.

“I was moving to different places in Iraq. At the time the ballot arrived, I was not in the base. I called Kilili [Sablan] to send me another one but he told me that he told our commander [Maj. Franklin Babauta] to return it to sender [Saipan]. He promised to send it back to me but I never received it,” said Yumul.

He said that being aware of the limited time, he decided to come home about four days before the Nov. 1 election and asked that he be allowed to vote in person.

“I was told that I could not do that. I was told that there’s no provisional voting so there was no way I could vote,” he said.

“Up to now, I have not received the absentee ballot. I don’t know where it is. I just know that our commander had control of my mails. Greg [Sablan] confirmed it to me that Franklin had ordered the 100th battalion mail clerk to return it to sender,” Yumul added.

Sablan confirmed that he had communicated with Babauta, him being the commander of the Echo Company.

“I asked Major Franklin Babauta to forward the mail to wherever Mr. Yumul was being sent to, or to alternatively return it to sender and to use the most expeditious route. Up to this day, I have not received it,” said Sablan.

When asked about the legal implications relating to Yumul’s election, former Senate legal counsel Steve Woodruff said that there appears to be no potential problem with the lawmaker’s membership in the Legislature.

“To vote is a constitutional right but no one is required to vote. But it’s a requirement that you’re a registered voter to be a candidate. If he voted in the 2003 elections, then he was a registered voter in the 2005 elections. As it appears, there may not be potential problems at all,” he said.

He said a credential committee might be formed during an organizational meeting of lawmakers during inauguration day.

When reached, veteran congressman and “incoming” Speaker Oscar M. Babauta said a credential’s committee may only be formed if there is an allegation from the public against an incoming member.

“It’s not necessary unless there’s is a challenge by any member of the public, but looking at Rep. Yumul, people have voted for him. I respect the decision of the electorate,” said Babauta.

Yumul, who placed at the bottom rung among the winners in the 2003 midterm elections in Precinct 3, finished second with the highest votes [1,220] in the 2005 elections.

His service in the military is believed to have boosted his electoral victory.

“That’s why I owe my constituent twice the effort, and I intend to deliver three times my effort,” said Yumul.

Yumul was called to active duty in August 2004 and came back late this year. He was receiving his salary as congressman during his assignment in Iraq. A lawmaker receives $39,300 a year in salary.