Electorial issues that need to be resolved

Dear Mr. Robert A. Guerrero: I am writing to you to express my concerns as to a number of issues that arose in the previous General Election. It is my hope that highlighting these issues will raise awareness and result in a fair election in accordance with CNMI law.

The most common complaints brought to my attention concern absentee voters. To begin with, failures in absentee voter procedures left many of our residents unable to participate. Up to 25 days before election, an absentee voter can apply for an absentee ballot by mail, fax, or other approved electronic means. When some of these voters contacted your office for an application, they were told that they “were not in the system” and no application was sent. However, if a voter comes to a polling place to vote on election day they can still cast a provisional ballot even if their name does not appear on the registered voter list. Rather than unilaterally denying these absentee voters their chance to vote, consider allowing them to submit their application and ballot. Once received, the Commission inspects the application and if it is determined that the voter is ineligible to vote, the discrepancy is verified by multiple Commission members before being rejected.

Even more fundamental is the limited time period absentee voters are given to submit their ballots. The election law requires that the Commission establish a mailbox in each senatorial district where absentee voters may cast and deliver their ballot. However, the Commission does not have to establish these mailboxes until seven days before the absentee voters are due. It takes about 10 days for a piece of mail to reach the CNMI from the mainland. In the past, many absentee ballots were rejected for not being received by the Commission on election day. Please consider establishing these mailbox well in advance of election day so that the absentee voters have a chance to make their vote count.

Additionally, the Commission is required to compile and keep immediately current a list of people requesting an absentee ballot, as well as a list of people to whom an absentee ballot was delivered. These lists must be updated no later than 48 hours after the receipt of new information. Also, these list must be available for public inspection at (1) one government building in each senatorial district which maintains regular business hours; and (2) on a website accessible without requiring user registration or the use of a password. The Commission’s website does have an absentee listing page; however, a complete list is not available. Rather, the public must search by individual name. The phrase “no matching records found” is the result from time to time, prompting my recommendation that technical support monitor this site diligently to ensure its ongoing viability. Additionally, there is no mention of which government buildings have these lists available for inspection. Please make these lists available on the Commission website and let the public know which government buildings have these lists available.

The method for collecting absentee ballots is very specific. No less than two people, one of whom is designated by the Commission Chairperson and the other of whom is designated by the Executive Director, shall go to the designated post office in each senatorial district to collect absentee ballots contained in the post office box once in the morning prior to 11am and once prior to the closure of the post office on the day of the election. This procedure creates a check and balance to ensure that all absentee ballots are received by the Commission on election day. Please continue to follow this procedure so that our absentee voters have their voices heard.

Finally, there were allegations that eligible voter lists were not properly posted during the last general election. Within 15 days of the election, the Commission must post a list of all eligible voters at the office of the Commission and Mayors for examination by the public. Posting this list ensures that the public is able to inspect the names of all eligible voters.

The Commission has a very important mandate of providing fair and impartial treatment to all qualified voters and ensuring the orderly, transparent and efficient conduct of elections in the Commonwealth. It is my sincere hope that in this election all of the elector voices are heard.

Please do not hesitate to contact me if you have any questions regarding this matter.

Juan S. Tenorio
Treasurer, Committee to Elect Hofschneider and Yumul