Davis v. Commonwealth Election Commission

990 F. Supp. 2d 1089, 2012 WL 2411252, 2012 U.S. Dist. LEXIS 89323
CourtDistrict Court, Northern Mariana Islands
DecidedJune 26, 2012
DocketCase No. 1-12-CV-00001
StatusPublished
Cited by1 cases

This text of 990 F. Supp. 2d 1089 (Davis v. Commonwealth Election Commission) is published on Counsel Stack Legal Research, covering District Court, Northern Mariana Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Commonwealth Election Commission, 990 F. Supp. 2d 1089, 2012 WL 2411252, 2012 U.S. Dist. LEXIS 89323 (nmid 2012).

Opinion

MEMORANDUM DECISION AND ORDER OF DISMISSAL WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION

RAMONA V. MANGLONA, Chief Judge.

I. INTRODUCTION

Plaintiff John H. Davis, Jr. (“Davis”) asks the Court to permanently enjoin the chairperson and the executive director of the Commonwealth Election Commission (“CEC” or “the Commission”) from denying him the right to vote on any initiative to amend or repeal Article XII of the Constitution of the Commonwealth of the Northern Mariana Islands (“Commonwealth” or “CNMI”). Article XII restricts ownership of permanent and long-term interests in real property within the Commonwealth to persons of Northern Marianas descent (“NMD”).1 In 1999, Article [1092]*1092XVIII of the Commonwealth constitution was amended to prohibit non-NMDs who otherwise are qualified voters from voting on initiatives to change Article XII. In 2011, Governor Benigno R. Fitial signed Public Law (“P.L.”) 17-40, which directed CEC to maintain a registry of NMDs. The Commission has promulgated rules and regulations to implement P.L. 17-40.

Davis, a non-NMD who is otherwise qualified to vote in the Commonwealth, asserts that by enforcing Article XVTII § 5(c) and P.L. 17-40 to restrict his right to vote, Defendants violate his civil rights as guaranteed by the Fourteenth and Fifteenth Amendments of the United States Constitution. He claims for injunctive relief under 42 U.S.C. §§ 1971 and 1983, in the form of a declaratory judgment pursuant to 28 U.S.C. § 2201 and 2202 (Declaratory Judgment Act). Defendants Frances M. Sabían, Chairperson of CEC; Robert A. Guerrero, Executive Director of CEC; and Benigno R. Fitial, Governor of the CNMI (collectively “Defendants”), maintain that the federal constitutional protections do not apply in this instance or, alternatively, that the challenged Commonwealth laws do not violate Davis’s federal constitutional rights. Defendants also assert that the case must be dismissed because Davis lacks standing and the issue is not ripe for adjudication. For the reasons stated below, the Court finds that Davis lacks standing and the matter is not ripe for decision, and dismisses the case without reaching the merits.

II. BACKGROUND

Even though the merits of the case will not be considered, a thorough review of the background is necessary to understand why the case, in its current posture, must be dismissed.

A. Land Alienation Restrictions

On February 15, 1975, representatives of the United States and the Northern Mariana Islands signed the Covenant to Establish a Commonwealth of the Northern Marianas Islands in Political Union with the United States of America (“Covenant”). The Covenant was approved by the Mariana Islands District Legislature and by Northern Marianas voters in a plebescite, and then was ratified by the Congress of the United States on March 24, 1976. P.L. 94-241; 90 Stat. 263, codified at 48 U.S.C. § 1801 note.

Section 805 of the Covenant “provides that, notwithstanding federal law, the Commonwealth government shall regulate the alienation of local land to restrict the acquisition of long-term interests to persons of Northern Mariana Island descent.” Wabol v. Villacrusis, 958 F.2d 1450, 1452 (9th Cir.1990). The text of Section 805 reads, in pertinent part:

... notwithstanding the other provisions of this Covenant, or those provisions of the Constitution, treaties or laws of the United States applicable to the Northern Mariana Islands, the Government of the Northern Mariana Islands, in view of the importance of the ownership of land for the culture and traditions of the people of the Northern Mariana Islands, and in order to protect them against exploitation and to promote their economic advancement and self-sufficiency ... will until twenty-five years after the termination of the Trusteeship Agreement, and may thereafter, regulate the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Northern Mariana Islands descent[.] (emphasis added)

Section 501(a) of the Covenant makes the Fifteenth Amendment and section 1 of the Fourteenth Amendment of the United [1093]*1093States Constitution applicable within the CNMI. The Fourteenth Amendment declares that it is unlawful for any state to “deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const, amend. XIV § 1. The Fifteenth Amendment protects the right to vote: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”

The framers of the Covenant understood that the land alienation restrictions of Section 805 may conflict with certain federally guaranteed rights. They wished “to make clear that under no circumstances can anything in Section 501 or, for that matter, any provision in the Covenant, have the effect of prohibiting the local government from imposing land alienation restrictions under Section 805[.]” Marianas Political Status Commission, Section by Section Analysis of the Covenant to Establish a Commonwealth of the Northern Mariana Islands 47 (1975). They therefore expressly stated in the Covenant that the applicability of federal laws is “without prejudice to the validity of and the power of the Congress of the United States to consent to ... Section 805 ...” Covenant § 501(b).

Article XII of the Commonwealth Constitution implements Covenant § 805. See Wabol, 958 F.2d at 1452. It restricts the “acquisition of permanent and long-term interests in real property within the Commonwealth ... to persons of Northern Marianas descent.” N.M.I. Const, art. XII § 1. Section 4 of Article XII defines a person of Northern Marianas descent as

a person who is a citizen or national of the United States and who is of at least one-quarter Northern Marianas Chamorro or Northern Marianas Carolinian blood or a combination thereof or an adopted child of a person of Northern Marianas descent if adopted while under the age of eighteen years. For purposes of determining Northern Marianas descent, a person shall be considered to be a full-blooded Northern Marianas Chamorro or Northern Marianas Carolinian if that person was born or domiciled in the Northern Mariana Islands by 1950 and was a citizen of the Trust Territory of the Pacific Islands before the termination of the Trusteeship with respect to the Commonwealth.

In 1992, the Ninth Circuit was called upon to determine “whether the constitutional guarantee of equal protection of the laws limits the ability of the United States and the Commonwealth to impose race-based restrictions on the acquisition of permanent and long-term interests in Commonwealth land.” Wabol, 958 F.2d at 1451. The court held that under the territories clause (U.S.

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990 F. Supp. 2d 1089, 2012 WL 2411252, 2012 U.S. Dist. LEXIS 89323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-commonwealth-election-commission-nmid-2012.