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CEC dismissed from Davis’ lawsuit
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Posted on Apr 23 2012
By Ferdie de la Torre
Reporter
Reporter
The U.S. District Court dismissed Friday the Commonwealth Election Commission from the lawsuit filed by John H. Davis Jr., a U.S. citizen who wants to stop the CEC 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.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona ruled that CEC is dismissed from the lawsuit as it is not a proper defendant in any of Davis’ claims in his second amended complaint.
Manglona pointed out that in the second amended complaint, Davis makes seven claims, the first four of which are generalized assertions that various CNMI laws violate the 14th and 15th Amendments.
The judge said the claims do not contain a request for relief from the acts of any particular state agent on the basis of any statutory right of action.
“Thus, they set forth no cognizable legal theory upon which relief may be granted from unlawful action by CEC,” Manglona said.
Davis, a vice principal at Marianas High School, wants the court to declare that Article 18 Section 5(c) of the CNMI Constitution violates the 14th and 15th Amendments of the U.S. Constitution. Article 12 limits landownership in the CNMI only to those of NMI descent.
