TITLE 30    COMMONWEALTH ELECTION COMMISSION

 

Chapter 10     Commonwealth Election Commission Regulations

Chapter 20     Northern Marianas Descent Registry Rules and Regulations

 

CHAPTER 30-10        

COMMONWEALTH ELECTION COMMISSION REGULATIONS

 


Part 001          General Provisions

§ 30-10-001     Authority

§ 30-10-005     Purpose and Scope

§ 30-10-010     Definitions

§ 30-10-015     [Reserved]

 

Part 100          Formation of New Political Parties

§ 30-10-101     General

§ 30-10-105     Name of Party

§ 30-10-110     Petition Signatures

§ 30-10-115     Party Officers

§ 30-10-120     Election of Officers

§ 30-10-125     Publication of the Election of Officers

§ 30-10-130     Submission of Signatures and Minutes

§ 30-10-135     Certification

§ 30-10-140     Corporate Charter

 

Part 200          Registration

§ 30-10-201     General Registration Procedures

§ 30-10-205     Registration Affidavit

§ 30-10-210     Mail Registration

§ 30-10-215     Mail Registration Requirements

§ 30-10-220     Residency and Domiciliary Requirements

§ 30-10-225     Public Record Information of Voter Registration

§ 30-10-230     Registration Clerks

§ 30-10-235     No Refusal Right

§ 30-10-240     Hearings on Challenges of Registrations

 

Part 300          Polling Places

§ 30-10-301     Locations

§ 30-10-305     Accessibility

§ 30-10-310     Announcement

§ 30-10-315     Further Publication

 

Part 400          Voting Procedures

§ 30-10-401     Voting Ballot

§ 30-10-402     Design and Non-contestability of Ballot

§ 30-10-404     Number of Ballots

§ 30-10-406     Ballot Instructions

§ 30-10-408     Ballot Marks

§ 30-10-410     Initiatives and Referendums

§ 30-10-412     Absentee Voting

§ 30-10-414     Ballot Language

§ 30-10-416     Voter Assistance

§ 30-10-418     Polling Place Privacy

§ 30-10-420     Ballot Privacy

§ 30-10-422     Proof of Voting

§ 30-10-424     Write-in Votes

§ 30-10-426     Voter Challenges

§ 30-10-428     Polling Place Observers

§ 30-10-430     Voter Behavior within 300 feet of Polling Place

§ 30-10-432     Use of Police Officers

§ 30-10-434     Removal of Ballots from Polling Places

§ 30-10-436     Accounting for Ballots

§ 30-10-438     Unused Ballots

§ 30-10-440     Voting Procedure at the Polls for Central Ballot Scanner Votes

§ 30-10-442     Counting Center Procedures (Authorized Persons)

§ 30-10-444     Counting Center Procedures (Receipt of Ballots)

§ 30-10-446     Counting Method (Primary and Alternate)

§ 30-10-448     Counting Center Procedures (Inspection and Preparation of Ballots)

§ 30-10-450     Rejected Machine Ballots, Overvote Ballots and Undervote Ballots

§ 30-10-452     Counted Ballots (Post-tabulation Procedures)

 

Part 500          Procedures for Complaints of Election Irregularities

§ 30-10-501     Receipt of Complaint

§ 30-10-505     Consultation with Attorney General’s Office

§ 30-10-510     Referral to the Public Auditor

§ 30-10-515     Confidentiality

§ 30-10-520     Time Is of the Essence

§ 30-10-525     Outcome of Election

 

Part 600 -       Tabulation, Poll and Election Officials

§ 30-10-601     Appointments

 

Part 700          Campaign Financial Disclosure

§ 30-10-701     Campaign Committee Designations

§ 30-10-705     Duties and Obligations of Candidates

§ 30-10-710     Names and Identities of Contributors, Supporters and Expenses

§ 30-10-715     Anonymous Contributions Prohibited

§ 30-10-720     All Contributions Are Reportable

§ 30-10-725     Classifying Contributions

§ 30-10-730     Classifying Expenses

§ 30-10-735     Contributions Are for Election Campaigns Only

§ 30-10-740     Campaign Statement of Account

§ 30-10-745     Suggested Schedules and Reporting

§ 30-10-750     Fund-raising Activity Reporting

§ 30-10-755     Contributions and Expenses From Fund-raising Events

§ 30-10-760     Multi-candidate Apportionment and Reporting

§ 30-10-765     General Contribution and Expense Reporting

§ 30-10-770     Contributed Property

§ 30-10-775     Contributions to Other Candidates

§ 30-10-780     Loan Forgiveness

§ 30-10-785     Interest Free Loans

§ 30-10-790     Extension of Deadline

§ 30-10-795     Acts to Establish All Reasonable Diligence

 

Part 800          Miscellaneous Provisions

§ 30-10-801     Severability

§ 30-10-805     Effective Date

 

Exhibit A        Affidavit of Registration

 

Exhibit B        Oath of Office

 

Exhibit C        Campaign Statement of Account

 

Exhibit D        Fund-raising Event Report

 

Exhibit E        Sample General Election Ballot

 


 

Chapter Authority: 1 CMC § 6105.

 

Chapter History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency, 31 Com. Reg. 29760 (Aug. 2009) (effective for 120 days from August 27, 2009);* Amdts Adopted 27 Com. Reg. 24119 (Mar. 17, 2005); Amdts Proposed 27 Com. Reg. 23977 (Feb. 17, 2005); Amdts Adopted 27 Com. Reg. 24121 (Mar. 17, 2005); Amdts Proposed 27 Com. Reg. 23967 (Feb. 17, 2005); Amdts Adopted 27 Com. Reg. 24084 (Feb. 17, 2005); Amdts Proposed 27 Com. Reg. 23813 (Jan. 17, 2005); Amdts Adopted 26 Com. Reg. 23118 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22671 (June 24, 2004); Amdts Emergency 25 Com. Reg. 21062 (Sept. 18, 2003) (effective for 120 days from Sept. 15, 2003); Amdts Emergency 25 Com. Reg. 21059 (Sept. 18, 2003) (effective for 120 days from Sept. 2, 2003); Amdts Emergency 25 Com. Reg. 20241 (July 15, 2003) (effective for 120 days from July 15, 2003); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001) (repealing and superseding all existing regulations).

 

Public Law 17-11 (effective August 10, 2010) amended the CNMI election statutes to conform to federal requirements.

 

* On August 27, 2009, the Commonwealth Election Commission (CEC) promulgated emergency regulations proposing to amend the regulations in this chapter. To date, a notice of adoption has not been published.

 

Commission Comment: Title 1, division 6 of the Commonwealth Code, 1 CMC §§ 6001-6910, governs elections in the Commonwealth. Until September 2000, this division created a Board of Elections and authorized the board to implement its provisions. See former 1 CMC §§ 6101 and 6104 (1999).

 

PL 12-18 (effective Sept. 14, 2000), “The Northern Mariana Islands Election Reform Act of 2000,” codified as amended at 1 CMC §§ 6001-6706, repealed and reenacted the election law of the Commonwealth (1 CMC, division 6, part 1). See PL 12-18 § 2. The act establishes the Commonwealth of the Northern Mariana Island Election Commission and authorizes the Commission to implement its provisions. 1 CMC §§ 6101 and 6105.

 

In May 2001, the Commonwealth Election Commission promulgated “Commonwealth of the Northern Mariana Islands Election Commission Regulations” that repealed and replaced the existing “Election Rules and Regulations” promulgated by the Board of Elections in 1979. The history of the Board of Elections rules and regulations prior to 2001 is as follows:

 

Amdts Adopted 21 Com. Reg. 16807 (June 23, 1999); Amdts Proposed 21 Com. Reg. 16788 (May 19, 1999); Adopted 1 Com. Reg. 307 (June 16, 1979); Proposed 1 Com. Reg. 220 (May 16, 1979).

 

On June 16, 1979, the Board of Elections published a public notice regarding re-registration of certain voters for the November 4, 1979 general election. See 1 Com. Reg. 326 (June 16, 1979).

 

In 1989, the Board of Elections published emergency regulations to establish procedures for the certification of signatures for proposed constitutional amendments by popular initiative. See 11 Com. Reg. 6273 (July 15, 1989) (effective for 120 days from June 19, 1989).

 

On July 15, 2005, the Commonwealth Election Commission issued a declaratory ruling that interpreted 1 CMC § 6303. The Commission found that 1 CMC § 6303 requires a candidate for the House of Representatives to be registered to vote in the election district where he or she is a candidate for at least two years immediately preceding the date of election. See 27 Com. Reg. 24687 (July 20, 2005). PL 14-87 (effective Sept. 19, 2005) amended 1 CMC § 6303 to remove this requirement.

 

In April 2014 the Commonwealth Election Commission amended this subchapter by entirely repealing and replacing parts 001, 200, 400, 500, and 800. In addition, the Commonwealth Election Commission amended select provisions in part 700.

 

Part 001 -   General Provisions

 

§ 30-10-001   Authority

 

The Commonwealth of the Northern Mariana Islands Election Commission is vested with the authority to adopt and promulgate rules and regulations pursuant to 1 CMC § 6105(e)-(g) and in accordance with the Commonwealth Administrative Procedure Act, 1 CMC §§ 9101-9115.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-005   Purpose and Scope

 

The purpose of the rules and regulations in this chapter is to provide for the fair and impartial treatment of all qualified voters and to ensure the orderly and efficient conduct of all elections in the Commonwealth. These rules and regulations supersede all previous regulations promulgated by the Commonwealth of the Northern Mariana Islands Election Commission.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014);Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-010   Definitions

 

Unless the context clearly requires a different interpretation, the following terms shall have the following meanings. In addition any term that is defined in 1 CMC § 6003, shall have the same definition unless otherwise stated.

 

(a)        “Affidavit” means the affidavit of registration form as created by the Commission that is duly executed by the person entitled to register under the election laws of the Commonwealth.

 

(b)        “Aggregate” means the cumulative total of the fair market value of contributions received from one contributor or supporter, or the cumulative total of the fair market value of expenses and campaign spending for a particular type of expenditure.

 

(c)        “Ballot box” means a secure receptacle into which a voter deposits his or her completed ballot located at each polling place on Election Day.

 

(d)       “Campaign spending” means all payments, obligations, or transfers of anything of value by a supporter, contributor, candidate, potential candidate, or other person or entity in support of a campaign.

 

(e)        “Cash” means currency, coins, checks, credit or debit card charges, money orders, traveler’s checks, cashier’s checks, bonds, stock certificates, or any other form of monetary instrument commonly accepted in trade or business for the transaction of business or repayment of legal debts.

 

(f)        “Citizen” means a person who is a United States citizen by birth or naturalization as defined in the Commonwealth Constitution.

 

(g)        “Commission” means the Commonwealth of the Northern Mariana Islands Election Commission.

 

(h)        “Commonwealth” means the Commonwealth of the Northern Mariana Islands.

 

(i)         “Contributed property” includes, but is not limited to, goods, tangible items, equipment, supplies, livestock, vehicles, objects, or other items donated to a campaign, candidate, potential candidate, or committee with the intent to transfer ownership, and which once transferred will not be returned to the contributor or supporter after the campaign.

 

(j)         “Contributor” means any individual, corporation, political party, association, family trust, business, partnership, political action committee, candidate, organization, group, committee, elected official, citizen, or any other entity that provides money, property, advertising, independent expenditures, expendable goods or services, or anything else of value to a candidate, potential candidate, for that candidate’s campaign.

 

(k)        “Detailed financial statement of account” is the campaign statement of account (as defined by 1 CMC § 6421(a)) and all other necessary supporting details that relate to the candidate’s campaign financial activity.

 

(l)         “Election” means an election held throughout the Commonwealth on the Tuesday following the first Monday of November in even-numbered years. It may also include a special election called pursuant to a proclamation issued by the Governor of the Commonwealth.

 

(m)       “Eligible voter” means a person who is qualified and duly registered to vote. A voter is not qualified to vote if after registration there is a change in their eligibility status (e.g., the person is convicted of a felony, declared of unsound mind, or is no longer a resident or domiciliary of the Commonwealth).

 

(n)        “Expenditures for the operation of a permanent political party headquarters” include, but are not limited to, expenditures for rent, utilities, telephone service, furniture and furnishings, equipment and supplies, and salaries of political party headquarters staff.

 

(o)        “Fair market value” means the price that buyers and sellers in the local community, who have reasonable knowledge of the relevant facts and are not under any compulsion to buy or sell, would be willing to pay and accept for a good or service.

 

(p)        “Fundraising event” means any gathering of persons that is designed to or with the purpose being to solicit or receive contributions (by such means that includes, but is not limited to, the purchase of tickets, payment of attendance fees, donations for prizes, or through the purchase of goods, services, or political merchandise) for the benefit of a candidate, potential candidate, or his or her campaign.

 

(q)        “Independent expenditure” means a payment, service, advertisement, expense, expendable good or service, or anything else of value that a contributor or supporter directly incurs and pays for on behalf of a candidate or potential candidate, for purposes of benefitting or promoting that candidate’s campaign.

 

(r)        “In-kind contributions” include, but are not limited to, the following:

(1)        Expendable items such as food, drinks, t-shirts, advertisements, banners, posters, lumber, construction materials, and supplies.

(2)        The reasonable value of donated services, such as advertising, trucking, transportation, entertainment, tents or lodging, and catering.

(3)        The reasonable rental value of real or personal property loaned out or used for free—such as the use of buildings, computers, tents and canopies.

 

(s)        “Observer” means a designee, representative, partisan, or other authorized person who is allowed access inside the polling place area to observe the election process on behalf of his or her candidate or issue.

 

(t)        “Person” means a human being.

 

(u)        “Personal use” means a use that primarily furthers an individual or a family purpose that is not connected with the performance or activities as a candidate for or holder of a public office, and includes the personal use of an asset purchased with a contribution and the personal use of any interest or other income or benefit earned from a contribution.

 

(v)        “Reasonable diligence” means the measure of prudence, care, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent person under the particular circumstances.

 

(w)       “Supporter” means a contributor, or an individual who is not a contributor but who advocates the election of one or more candidates or the approval or rejection of an issue on the ballot or otherwise supports a campaign.

 

(x)        “Team” means a pair of candidates that is running for Governor and Lieutenant Governor under the same political party or as independent candidates for those offices.

 

(y)        “Temporary” means transitory, impermanent, or of the moment.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The Commission inserted commas after the words “objects” in subsection (i) and “expenditures” in subsection (j) and inserted an apostrophe into the word “candidate’s” in subsection (j) pursuant to 1 CMC § 3806(g). Although “Commission” is defined in this chapter as the CNMI Election Commission, “Commission” in the comments refers to the Law Revision Commission.

 

§ 30-10-015   [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: This section was entitled “Definition,” and was repealed by the 2014 amendments.

 

Part 100 -   Formation of New Political Parties

 

§ 30-10-101   General

 

Pursuant to 1 CMC § 6005, a new political party may be formed prior to an election, pursuant to uniform rules and regulations as adopted by the Election Commission. This part will develop those requirements and rules in order for a new political party to be formed, and for that party to have an opportunity to place its candidates on the ballot for any of the available offices for that election.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-105   Name of Party

 

The new political party must have a name and the name cannot be the same or identical of another recognized political party in the Commonwealth. The name must not create confusion with an existing political party. An example of a confusing similar name would be as follows: “The XY Party of the CNMI,” and “The CNMI XY Party.” Only one of these names would be allowed as it would create confusion on the ballot. The name of the new political party must be clearly identified on the petition sheet.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-110   Petition Signatures

 

In order for a new political party to be formed it must present to the Election Commission valid signatures of any number of qualified and registered voters in the Commonwealth. The Election Commission staff, as directed by the Executive Director shall inspect each and every signature submitted to determine that the person is in fact a qualified and registered voter, and that the signature is authentic. Those petitions must swear or affirm that the signatories desire the creation of a new political party in the Commonwealth.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-115   Party Officers

 

(a)        All new political parties must have a chairman, secretary, and treasurer who are duly elected to those offices by members of the party and who signed the petition creating the political party.

 

(b)        No person may hold more than one of those offices within that political party and no person elected as an officer of a new political party may currently hold an office in another “recognized political party.”

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The original paragraphs of this section were not designated. The Commission designated subsections (a) and (b). The Commission inserted a comma after the word “secretary” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 30-10-120   Election of Officers

 

At the same time that the new political party submits it petition signatures it must also submit to the Commission, duly authorized minutes of the election of its officers, that will reflect where the voting occurred, the date and time the voting occurred, who presided over the elections, who was elected to the officer positions of the party, and who was in attendance at the vote and lawfully voted for the officer positions. It is not necessary that all who signed the petition participate in the vote for officers.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-125   Publication of the Election of Officers

 

A new political party shall publicize in advance the date, time and location of its officer elections in a newspaper of general circulation in the Commonwealth.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The Commission changed the word “Publicization” in the title of this section to “Publication” to correct a manifest error. The Commission inserted a comma after the word “time” pursuant to 1 CMC § 3806(g).

 

§ 30-10-130   Submission of Signatures and Minutes

 

A new political party shall submit its signatures, list of officers, and minutes of their election to the Commission no less than 120 days prior to a general election and no less than 45 days prior to any special election. The submission of signatures and documents shall be accompanied by a fee of $500.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: On July 15, 2003, the Commonwealth Election Commission promulgated an emergency amendment to this section reducing the 120-day requirement to 90 days. See 25 Com. Reg. 20241 (July 15, 2003). The emergency provision expired 120 days after promulgation on November 12, 2003.

 

The Commission inserted a comma after the word “officers” pursuant to 1 CMC § 3806(g).

 

§ 30-10-135   Certification

 

(a)        Parties could only be allowed to be recognized Commonwealth-wide. Any party presently recognized with a status less than Commonwealth-wide is automatically deemed to have Commonwealth-wide recognition status. If it appears to the satisfaction of the Commission, on the recommendation of the Commission staff that a new political party has met the above requirements, then the Commission shall certify that a new political party has been formed within the Commonwealth and shall be allowed a place on the ballot with candidates for any offices it seeks, provided each candidate meets the statutory requirements for inclusion on the ballot as a candidate. A new political party must be certified prior to its submission of nomination papers for its candidates.

 

(b)        After submitting the documents for the formation of a new political party to the Commission for formal certification, if the Commission fails to act within 30 days of that submission then the new political party shall be considered certified. The decision for the certification of a new political party shall occur at a formal publicly noticed meeting of the Commission.

 

(c)        After a general or special election a new political party must meet the requirements of 1 CMC § 6003(o)(3) in order to be a recognized political party and maintain a position on future ballots published by the Commission pursuant to law.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 23118 (Aug. 26, 2004); Amdts Proposed 26 Com. Reg. 22671 (June 24, 2004); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 2004 amendments amended subsection (a).

 

§ 30-10-140   Corporate Charter

 

Nothing in this part shall prevent a new or recognized political party from seeking a charter as a non-profit or for-profit corporation through the Registrar of Corporations, but such status shall be irrelevant in determining whether such party qualifies as a political party in the Commonwealth of the Northern Mariana Islands, as only the Commission shall determine, in accordance with this chapter and the Commonwealth of the Northern Mariana Islands Election law, whether a political party qualifies as a new or recognized political party.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Part 200 -   Registration

 

§ 30-10-201   General Registration Procedures

 

The primary method of voter registration shall be in person before a duly authorized registration clerk, a Commission staff person, or a Commission member. Any qualified and eligible voter may register at the Commission office in Saipan, at their residence, or other place that the Commission allows for the registration of voters.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-205   Registration Affidavit

 

A voter registers to vote by completing the affidavit, as attached and incorporated herein as exhibit A to this chapter, and providing all of the information as required by law and executing same under the penalty of perjury.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-210   Mail Registration

 

(a)        A person otherwise qualified to vote may submit his registration affidavit by mail so long as the registration affidavit is signed. Upon signing the affidavit, the voter must mail the registration affidavit via first class mail, priority mail, or express mail to the following address:

 

Commonwealth Election Commission

Commonwealth of the Northern Mariana Islands

PO Box 500470

Saipan, MP 96950

 

(b)        If a person submits his or her registration affidavit by mail, it must be postmarked no later than the deadline for registration for all Commonwealth voters to be eligible to vote in the next election. If a person mails the affidavit from a locale that does not properly affix a postmark, such as a ship or submarine, then the date on the affidavit shall be presumed to be the day that the affidavit was mailed. If that date is on or before the deadline for registration, then the voter shall be presumed to be registered if the Commission satisfactorily determines that the voter is eligible.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-215   Mail Registration Requirements

 

A person who is physically present in the Commonwealth shall not register by mail. The registration clerk who receives a registration affidavit by mail must check the postmark or other such evidence to insure that the person who submitted the application did not mail it from a location within the Commonwealth.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-220   Residency and Domiciliary Requirements

 

A person who is otherwise qualified to register by mail must meet residency and domiciliary requirements as provided by law and as attested to on the registration affidavit.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-225   [Reserved]

 

[Reserved.]

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: This section was entitled “Public Record Information of Voter Registration,” and was repealed by the 2014 amendments.

 

§ 30-10-230   Registration Clerks

 

(a)        All duly employed staff members of the Commission, members of the Commission, and persons properly designated by the Commission may serve as registration clerks.

 

(b)        Upon receipt of a duly executed affidavit from within the Commonwealth, the registration clerk shall promptly transmit the affidavits in a sealed envelope via first-class mail or government pouched mail to the Commission’s office on Saipan at the address listed in § 30-10-210 or immediately deliver the affidavits in person so that the voters’ names shall appear on the register.

 

(c)        The Commission shall ensure registration clerks have a sufficient number of voter registration affidavits.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The Commission inserted an apostrophe into the word “voters’” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 30-10-235   No Refusal Right

 

(a)        A registration clerk shall not refuse to register a person seeking to register to vote under any circumstances.

 

(b)        If the registration clerk believes that a person is not qualified to register to vote, the registration clerk shall allow the person to fill out the affidavit and then immediately inform the Executive Director or a Commission staff person that the person may not be eligible to vote in the Commonwealth. The registration clerk shall also provide the reasons why he or she believes that the person may not be eligible to vote. The Commission shall then follow the hearing procedures for registration challenges as set forth in § 30-10-240.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-240   Hearings on Challenges of Registrations

 

(a)        As authorized by law, the Commission shall hold hearings on all challenged registrations where it appears that a person does not meet the qualifications required by statute to register to vote in the Commonwealth.

 

(b)        The hearings shall occur no more than 30 days after the person submitted his or her registration affidavit. If the Commission fails to hold a hearing on the challenged registration within the 30-day time period then the challenged registrant will be presumed eligible and qualified to register to vote and his or registration will be deemed to be valid.

 

(c)        A quorum of the Commission shall be necessary to conduct a hearing.

(1)        Pursuant to the law, the quorum must consist of at least 5 members provided that there is at least one representative from each senatorial district.

(2)        If necessary, a Commission member may participate in the hearing via telephone.

 

(d)       The hearings shall be informal in nature.

(1)        The hearing need not be publicly noticed, but the challenged registrant shall be given reasonable notice prior to the hearing and given an opportunity to be heard at the hearing. The challenged registrant may participate in the hearing in person or via telephone.

(2)        The challenged registrant shall be allowed to offer any oral or documentary evidence as to why he should be registered to vote. The challenged registrant may be represented by counsel of his own choosing and at his own expense.

(3)        Any person shall be allowed to offer any oral or documentary evidence as to why the challenged registrant should or should not be permitted to register to vote.

 

(e)        A decision denying the challenged registrant the right to be registered to vote shall be decided by at least three-fourths of the Commission members present at the hearing, including those members, if any, participating via telephone.

(1)        If less than three-fourths of the Commission members present vote in favor of the challenged registrant’s ineligibility, then it shall be presumed that the challenged registrant is eligible and qualified to register to vote.

(2)        A Commission member, who does not participate (either in person or via telephone) in a challenge hearing, shall not vote on whether or not the challenged registrant is qualified or eligible to vote. The Commission shall announce its decision in writing to the challenged registrant and make its decision available to the public no later than three days after the conclusion of the hearing.

 

(f)        The decision of the Commission shall be the final agency action and subject to the judicial review petition procedures of the Commonwealth Administrative Procedure Act (1 CMC §§ 9101-9115).

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Part 300 -   Polling Places

 

Public Law 17-11 (effective August 10, 2010) amended the CNMI election statutes to conform to federal requirements. Public Law 18-46 (effective April 23, 2014) further amended CNMI election statutes. To the extent these regulations conflict with amendments made by Public Laws 17-11 and 18-46, they are superseded.

 

§ 30-10-301   Locations

 

The Commission shall choose polling places for each election no less than 60 days prior to the date of the election. Public schools and public buildings, whenever possible, shall be utilized as polling places during elections and the Commission shall ensure that polling places are located in prominent locations or central portions of precincts or in the heaviest most populated areas of the precinct to make the polling locations as easily accessible to all voters.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The Commission replaced “insure” with “ensure” to correct a manifest error.

 

§ 30-10-305   Accessibility

 

All polling places must be accessible to voters with disabilities, and no polling place shall be chosen that is unable to accommodate a voter with a disability.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-310   Announcement

 

The polling place locations shall be published in the newspapers of general circulation in the Commonwealth at least 15 days prior to the election. In addition the Commission shall make available to any voter who so requests the list of polling places for each precinct.

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-315   Further Publication

 

Nothing in this section shall limit the Commission in announcing the polling locations through other additional mediums such as television, the internet, or official posting boards within government offices. The Commission should strive for maximum notification of the polling place locations.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Part 400 -   Voting Procedures

 

§ 30-10-401   Voting Ballot

 

(a)(1)   The Commonwealth uses a paper ballot method of voting. Prior to the election, the Commission shall print a ballot for each voting precinct on paper which shall list all candidates who have met the requirements to be listed on the ballot. The ballot shall be organized by race or office wherein the names of candidates for a particular office(s) shall be placed together and identified as candidates for the particular office(s). The candidate’s political party or independent candidacy shall be placed immediately under the candidate’s name on the ballot.

(2)        In the case of non-partisan offices (e.g., Municipal Council and Board of Education) and independently nominated candidates for any office, no political party affiliation shall be listed. An independently nominated candidate who was previously affiliated with a political party may not use that affiliation unless he is nominated for that office by that political party.

 

(b)        All candidate names shall be printed in a uniform font type and size and shall be of a sufficient font size for all voters to read. No candidate’s name shall be printed in a font size or type that differs from the other candidates’ names.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency 31 Com. Reg. 29760 (August 27, 2009) (effective for 120 days from Aug. 27, 2009); Amdts Adopted 27 Com. Reg. 24121 (Mar. 17, 2005); Amdts Proposed 27 Com. Reg. 23967 (Feb. 17, 2005); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The original paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(1) and (a)(2).

 

The October 2001 and March 2005 amendments amended subsections (a) and (b). The October 2001 amendments contained authority and purpose and scope provisions as follows:

 

Section 1.1 Authority. The authority for the adoption and promulgation of the Commonwealth of the Northern Mariana Islands Election Commission Rules and Regulations is by virtue of the authority and directions set forth in 1 CMC § 6000 et. seq. and the Commonwealth Administrative Procedures Act, 1 CMC § 9101 et. seq.

 

Section 1.2 Purpose and Scope. The purpose of these regulations is to provide rules and guidelines on voting procedures for use with the E S & S Model 150 Central Ballot Scanner. These amendments relate to the CNMI Election Commission Regulations, as published in the Commonwealth Register Vol. 23 No. 3, page 17724, March 22, 2001 and adopted Volume 23, No. 5, page 17854, May 24, 2001.

 

23 Com. Reg. at 18248 (Aug. 16, 2001).

 

On September 2, 2003, the Commonwealth Election Commission promulgated an emergency amendment to the Election Commission Regulations adding a new § 5.28, entitled “Secret Ballot.” See 25 Com. Reg. 21059 (Sept. 18, 2003). The emergency provision expired 120 days after promulgation on December 31, 2003.

 

On August 27, 2009, the Commonwealth Election Commission promulgated an emergency amendment to this section. See 31 Com. Reg. 29760 (Aug. 27, 2009). The emergency provision expired 120 days after promulgation on December 25, 2009.

 

§ 30-10-402   Design and Non-contestability of Ballot

 

(a)        The staff of the Commission shall have the primary responsibility for the design of the ballot. The Commission shall have final approval over the design of the ballot.

 

(b)        Prior to the final publication of the ballot, the candidates’ locations (position or row) on the ballot for the various offices shall be designated by a number corresponding to their location (position or row). The executive director shall administer a drawing for ballot locations when there is at least two candidates for a particular office or race.

(1)        On a date designated by the executive director, the candidates or their representatives shall draw numbers corresponding to a ballot location out of a paper bag, box, hat, or other similar container. The numbers shall be drawn in a manner so that the person choosing the number has no way of knowing which number he or she is choosing.

(2)        A person may act as a representative for more than one candidate (for example, the chairman of a political party may act as the representative for all of the party’s candidates).

 

(c)        After the Commission publishes the ballot, a specimen copy of the ballot shall be made available in Saipan, Tinian, and Rota for public viewing upon reasonable request.

 

(d)       The design of the ballot as approved by the Commission shall be final and non-contestable in any Commonwealth or United States court.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency 31 Com. Reg. 29760 (August 27, 2009) (effective for 120 days from Aug. 27, 2009); Amdts Adopted 27 Com. Reg. 24121 (Mar. 17, 2005); Amdts Proposed 27 Com. Reg. 23967 (Feb. 17, 2005); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The March 2005 amendments amended subsection (b). The March 2005 adopted regulations did not include Example B, “Sample General Election Ballot,” published with the proposed regulations. See 27 Com. Reg. at 23976 (Feb. 17, 2005).

 

On August 27, 2009, the Commonwealth Election Commission promulgated an emergency amendment to this section. See 31 Com. Reg. 29760 (Aug. 27, 2009). The emergency provision expired 120 days after promulgation on December 25, 2009.

 

§ 30-10-404   Number of Ballots

 

(a)        The Commission shall ensure that a sufficient number of ballots are printed and shall print a number of ballots that is sufficiently in excess of the number of registered voters within the Commonwealth to account for spoiled and damaged ballots.

 

(b)        Each polling place shall have a sufficient supply of ballots, in case a voter damages or incorrectly marks his or her ballot.

 

(c)        Voters who spoil or damage a ballot are entitled to receive a replacement ballot.

(1)        A voter shall surrender his or her damaged or incorrectly marked ballot to the precinct official before he or she may receive another ballot.

(2)        Any individual voter shall not receive more than three replacement ballots.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-406   Ballot Instructions

 

(a)        Each ballot shall contain instructions on how to properly mark the ballot.

(1)        The instructions shall state that the voter is to properly mark the corresponding block next to the candidate’s name that the voter intends to vote for.

(2)        If applicable, the instructions shall also state that the voter may choose only as many candidates as the number of offices available in each precinct.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-408   Ballot Marks

 

The following markings may not be proper and may result in the voter’s vote for that particular office not being counted:

 

(a)        Circling the candidate’s name;

 

(b)        Writing the word yes next to the candidate’s name;

 

(c)        Drawing a line from the candidate’s name to the block;

 

(d)       Puncturing a hole in the block; and

 

(e)        Underlining the candidate’s name.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The October 2001 amendments deleted former subsections (b), (d), (g) and (j). The Commission redesignated the remaining subsections accordingly. The 2014 amendments listed the entire section as part of subsection (a). As there were no other subsections, the Commission removed the subsection designated pursuant to 1 CMC § 3806(a). The Commission inserted an apostrophe into the word “candidate’s” in subsection (c) pursuant to 1 CMC § 3806(g).

 

§ 30-10-410   Initiatives and Referendums

 

(a)        If an initiative or referendum has been duly certified for the election, the ballot shall include the initiative or referendum in the form of a question that can be answered with “yes” or “no.”

 

(b)        Below the wording of the question shall be the words “yes” and “no” with corresponding blocks for those responses. A voter who chooses to vote on a particular initiative or referendum shall mark the block of their choice using the same methods that are prescribed for voting for candidates.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-412   Absentee Voting

 

Nothing in these sections regarding voting procedures shall prevent an eligible voter from voting by absentee ballot or during the early voting period if he or she otherwise qualifies for such as provided for by law. The same rules and requirements for marking the “Election Day” ballot shall apply to absentee ballots and early voting ballots.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-414   Ballot Language

 

The ballot and any accompanying instructions shall be printed in the English language.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-416   Voter Assistance

 

(a)        If a voter at a polling place states that he or she cannot read or write, then he or she shall state such to a polling place supervisor. The polling place supervisor shall provide the voter with the assistance necessary to enable the voter to vote.

 

(b)        If a voter has any other disability that prevents him or her from voting, then the polling place supervisors shall provide the voter with the assistance necessary to enable the voter to vote.

 

(c)        In providing assistance under subsections (a) and (b), a polling place supervisor may ask the voter which candidate he or she would like to vote for and whether he or she is or is not in favor of a particular issue presented on the ballot for voting; in no other instance shall a person ask another person at a polling place as to which candidate he intends to vote for or which candidate he voted for or whether he or she is or is not in favor of a particular issue that is presented on the ballot for voting.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-418   Polling Place Privacy

 

(a)        Except as necessary to carry out the mandate of § 30-10-416 or as otherwise permitted, the polling place booth where the voter marks his or her ballot shall remain private.

 

(b)        No person may enter a booth when a voter is inside the booth in the process of voting. A voter that is inside a voting booth shall be presumed to be in the process of voting.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-420   Ballot Privacy

 

Upon completing his or her selections on the ballot, the voter shall fold the ballot in such a way that his or her choices remain private, and shall promptly deposit his or her ballot into the ballot box. If the Commission provides the voter with a secrecy sleeve as part of the Commonwealth ballot, the voter shall place his or her ballot in the secrecy sleeve prior to exiting the voting booth and promptly deposit the ballot in the ballot box.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-422   Proof of Voting

 

The polling place workers shall cross off the name of each voter on their list after that voter has received their ballot, and the voter must initial next to their name after it has been crossed off.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 27 Com. Reg. 24119 (Mar. 17, 2005); Amdts Proposed 27 Com. Reg. 23977 (Feb. 17, 2005); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-424   Write-in Votes

 

(a)        Write-in votes shall not be allowed. A voter shall not write in the name of a person who has not qualified for the ballot as provided for by law, nor shall a voter write in a name of a candidate whose name has already been printed on the ballot.

(b)        Write-in votes will not be counted for any candidate that should receive such votes.

 

(c)        A write-in vote for a particular office will automatically disqualify any valid vote on the ballot for that particular office.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-426   Voter Challenges

 

Challenges to a voter’s eligibility to vote in the Commonwealth shall be made in accordance with the procedures set for in 1 CMC § 6215.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-428   Polling Place Observers

 

(a)        A recognized political party may have two observers per senatorial district who may be present at any polling place or tabulating location at any time. Candidates who are not affiliated with a political party and proponents or opponents of an issue or referendum may have one observer per senatorial district, election district, or municipality depending on the office sought or the issue being supported or opposed.

 

(b)        The observers shall be allowed to be present at any time while the polling place is open. The observers may not wear any buttons, t-shirts, or other identifying items that reveal the candidate or issue they support. Any observer who attempts to campaign on their candidate or issue’s behalf shall be removed by the polling place supervisor and will not be allowed to return to any polling place. Campaigning is defined as the following:

(1)        Making oral statements to voters to vote for a candidate or support an issue, an initiative, or a referendum.

(2)        Making oral statements to voters to support a candidate, issue, initiative, or referendum.

(3)        Wearing, displaying, or handing out any materials that reflect which candidate, issue, initiative, or referendum they are supporting.

(4)        The observers shall not disrupt the voting process at any polling place in any manner. An observer that disrupts the voting process at a polling place shall be removed by the polling place supervisor and shall not be allowed to return to any of the polling places.

(5)        An observer may not be a candidate that is appearing on the ballot. Any such candidate-observer will be asked by the polling place supervisor to leave the polling place area immediately.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The Commission inserted commas after the words “district” in subsection (a), “t-shirts” in subsection (b), and “initiative” in subsections (b)(2) and (b)(3) pursuant to 1 CMC § 3806(g).

 

The October 2001 amendments amended subsection (a).

 

On September 15, 2003, the Commonwealth Election Commission promulgated an emergency amendment to this section amending subsections (a)(1), (a)(2), (a)(3) and (b). See 25 Com. Reg. 21062 (Sept. 18, 2003). The emergency provision expired 120 days after promulgation on January 13, 2004.

 

§ 30-10-430   Voter Behavior within 300 feet of Polling Place

 

No voter or other person shall engage in any activity that is prohibited under § 30-10-428. Commonwealth law provides that campaign activity shall cease on Election Day from 7:00 a.m. to 7:00 p.m. within 300 feet of a polling place. A voter or other person who engages in such proscribed activity within 300 feet of a polling place shall be removed from the 300-foot radius of the polling place.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency 31 Com. Reg. 29760 (August 27, 2009) (effective for 120 days from Aug. 27, 2009); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: On August 27, 2009, the Commonwealth Election Commission promulgated an emergency amendment to this section. See 31 Com. Reg. 29760 (Aug. 27, 2009). The emergency provision expired 120 days after promulgation on December 25, 2009.

 

§ 30-10-432   Use of Police Officers

 

If necessary, the Commission shall use the services of the designated police officers to maintain order and security at polling place locations, and to safely and securely transport the ballots for tabulation and counting.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-434   Removal of Ballots from Polling Places

 

Unless otherwise authorized by the Commission, no person shall remove a ballot from any polling place at any time while the polls are still open.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-436   Accounting for Ballots

 

(a)        Poll supervisors shall account for the ballots delivered to them by returning the same number of ballots that were delivered to them. The sum of unused ballots, official ballots cast, and spoiled ballots shall equal the number of ballots delivered.

 

(b)        The Commission shall require an accounting of returned ballots upon their receipt to ensure that number of ballots returned is the same as the number of ballots that were delivered.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-438   Unused Ballots

 

When the polls close and before the marked ballots leave the polling place, the election officials shall deface all unused ballots.

 

(a)        Three authorized polling place workers shall witness the defacing of the ballots. The poll workers shall deface the ballots by drawing an “X” on the face of the ballot.

 

(b)        All defaced ballots, including spoiled or damaged ballots, shall be placed into a sealed envelope. A majority of the election officials at a polling place shall sign their names on the envelope. The envelope shall indicate the polling place.

 

(c)        The locked ballot boxes, along with the defaced ballots and all other election materials, shall be delivered to the Commission for counting and tabulation.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The 2014 amendments designated the entire section as subsection (a). As there were no other subsections, the Commission redesignated subsections pursuant to 1 CMC § 3806(a).

 

§ 30-10-440   Voting Procedure at the Polls for Central Ballot Scanner Votes

 

(a)        A demonstration of the proper way to mark the ballot shall be available to all voters at the polling place. A card or poster of instructions detailing the proper way of marking ballots and voting shall be posted outside the polling place and in each voting booth.

 

(b)        After the voter receives a ballot, the voter shall proceed into the voting booth and shall properly mark the ballot as prescribed on the card or poster of instructions. Inside the voting booth the voter shall designate his or her choice(s) by marking in the left hand block or blocks next to the name of the candidate for whom the voter desires to vote or the block with the response to the question for which the voter desires to vote.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

§ 30-10-442   Counting Center Procedures (Authorized Persons)

 

The tabulating and counting of ballots shall be observed in accordance with § 30-10-428 and 2 CMC § 6524. The official observers shall observe the processes within the counting centers for both the Central Tabulation Site and the Preliminary Counting Sites on Tinian and Rota, and shall report any changes or deviations from the rules or procedures to the Chairman or members of the Commission. No person shall be permitted into the counting centers without an official badge to be provided by the Commission.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

§ 30-10-444   Counting Center Procedures (Receipt of Ballots)

 

The Executive Director or his or her designee shall be at the counting center and shall receive and sign for the sealed ballot boxes for each precinct polling location. The ballot boxes shall be unsealed and opened in such a fashion to protect the integrity and sanctity of the election process. The ballots in the ballot boxes shall be placed in containers or ballot boxes marked with the appropriate district and precinct identification.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

§ 30-10-446   Counting Method (Primary and Alternate)

 

(a)        The primary method of tabulating and counting ballots shall be through the Central Ballot Scanner. The alternate method of tabulating and counting shall be by hand.

 

(b)        If the Commission decides that under the circumstances the primary method cannot be used and that the alternate method must be used, then all ballots in the Commonwealth shall be tabulated and counted by hand.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency 31 Com. Reg. 29760 (August 27, 2009) (effective for 120 days from Aug. 27, 2009); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

Commission Comment: On August 27, 2009, the Commonwealth Election Commission promulgated an emergency amendment to this section. See 31 Com. Reg. 29760 (Aug. 27, 2009). The emergency provision expired 120 days after promulgation on December 25, 2009.

 

§ 30-10-448   Counting Center Procedures (Inspection and Preparation of Ballots)

 

Each election district’s ballots shall be segregated from the other election districts’ ballots, and there shall be no intermingling of the ballots from different districts. Once a ballot box is opened and the district’s ballots are retrieved from the box, the ballots shall be processed through the central ballot scanner for tabulation, in accordance with proper procedures for that machine/equipment.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency 31 Com. Reg. 29760 (August 27, 2009) (effective for 120 days from Aug. 27, 2009); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

Commission Comment: The Commission changed “districts’” to “district’s” to correct a manifest error. On August 27, 2009, the Commonwealth Election Commission promulgated an emergency amendment to this section. See 31 Com. Reg. 29760 (Aug. 27, 2009). The emergency provision expired 120 days after promulgation on December 25, 2009.

 

§ 30-10-450   Rejected Machine Ballots, Over vote Ballots and Under vote Ballots

 

If the central ballot scanner rejects any ballot in part or in its entirety or record an over vote or under vote, then the ballot shall be referred to the Commission for final determination of the vote.

 

(a)        If the Commission finds that the voter marked their ballot with either a proper mark or a marginal mark and that the mark reflects the clear choice of the voter, then the voter’s ballot shall be counted.

 

(b)        If the Commission cannot determine the clear choice of the voter, then the ballot shall not be counted.

 

(c)        Over vote ballots may be examined by the Commission to determine if the voter voted for more candidates than are allowed for a particular office. If smudges or marks of some kind are identified as clearly unintentional, but had the effect of registering too many votes for an office then the Commission may produce a duplicate ballot to properly reflect the voter’s clear choice. Alternatively, the Commission may place a removable label over the unintentional mark and re-feed the ballot through the central ballot scanner.

 

(d)       In all situations where the machine either rejects a ballot, records an over vote, records an under vote, or a ballot is damaged or spoiled and the machine cannot read the ballot or record a vote, then the Commission may make an exact duplicate ballot that reflects the clear choice of the voter, and that ballot shall be submitted through the machine. The Commission may also hand count the subject ballot if they have determined the clear choice of the voter. Such hand count totals will be added to the machine count totals for the final count.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Emergency 31 Com. Reg. 29760 (August 27, 2009) (effective for 120 days from Aug. 27, 2009); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

Commission Comment: The 2014 amendments designated the entire section as subsection (a). As there were no other subsections, the Commission redesignated subsections pursuant to 1 CMC § 3806(a).

 

On August 27, 2009, the Commonwealth Election Commission promulgated an emergency amendment to this section. See 31 Com. Reg. 29760 (Aug. 27, 2009). The emergency provision expired 120 days after promulgation on December 25, 2009.

 

§ 30-10-452   Counted Ballots (Post-tabulation Procedures)

 

(a)        Once the ballots have been counted for each particular precinct, the ballots shall remain segregated and identified as counted ballots from that precinct except for ballots preliminarily counted on Tinian or Rota.

 

(b)        Ballots preliminarily counted on Tinian or Rota shall be secured and shipped to the Third Senatorial District (Saipan) for final tabulation. Upon arrival at the Central Tabulation Site, the ballots shall be segregated by the Executive Director or his or her designee in an area at the counting center. The ballots shall be guarded by at least two people, while the ballots are being tabulated.

 

(c)        The Commission shall retain all used ballots for twenty-two months after the date of the election. After twenty-two months have passed, then the Commission may permanently dispose of the ballots.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 27 Com. Reg. 24084 (Feb. 17, 2005); Amdts Proposed 27 Com. Reg. 23813 (Jan. 17, 2005); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001).

 

Commission Comment: On September 2, 2003, the Commonwealth Election Commission promulgated an emergency amendment to the Election Commission Regulations adding a new § 5.28, entitled “Secret Ballot.” See 25 Com. Reg. 21059 (Sept. 18, 2003). The emergency provision expired 120 days after promulgation on December 31, 2003.

 

Part 500 -   Procedures for Complaints of Election Irregularities

 

§ 30-10-501   Receipt of Complaint

 

Upon the receipt of an oral or a written complaint, the Executive Director or Chairman of the Commission shall immediately review the substance of the complaint to determine the nature of alleged election irregularity.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-505   Consultation with Attorney General’s Office

 

(a)        The Executive Director shall immediately consult with the Attorney General or an Assistant Attorney General to determine how the complaint should be investigated.

 

(b)        If the allegation appears to be a violation of law, the Executive Director shall seek the assistance of or refer the complaint to the Attorney General or the Department of Public Safety.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-510   Referral to the Public Auditor

 

If the allegation of election irregularity appears to be a violation of the Government Ethics Code (1 CMC §§ 8501-8577), then the Executive Director shall refer the matter to the Public Auditor for investigation.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-515   Confidentiality

 

(a)        During the investigation stage, all complaints of election irregularity and alleged violation of laws are to remain strictly confidential. The Executive Director, Commission staff, and the members of the Commission shall not reveal the identity of the person making the complaint or the subject matter of the complaint to any outside person.

 

(b)        After the investigation has been completed, the complaint shall become a matter of public record, unless an exception under 1 CMC § 9918 applies.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-520   Time Is of the Essence

 

All election irregularity complaints shall be treated as extremely time sensitive. Upon receipt of a complaint, the Executive Director or the Commission shall immediately begin the procedure set forth in this part to properly investigate and prevent irregularities. This section shall apply to complaints made both before and after an election has taken place.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

§ 30-10-525   Outcome of Election

 

A complaint made to the Commission, the Department of Public Safety, the Attorney General, or the Public Auditor shall not be sufficient to change to outcome of an election. If a person seeks to change the outcome of an election based on an election irregularity, the person must comply with the election contest provisions of the Election Law (1 CMC §§ 6601-6610) and properly file a complaint with the Commonwealth Superior Court.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Part 600 -   Tabulation, Poll and Election Officials

 

Public Law 17-11 (effective August 10, 2010) amended the CNMI election statutes to conform to federal requirements. Public Law 18-46 (effective April 23, 2014) further amended CNMI election statutes. To the extent these regulations conflict with amendments made by Public Laws 17-11 and 18-46, they are superseded.

 

§ 30-10-601   Appointments

 

The Commission is authorized to appoint and employ such officials as may be required to supervise Commonwealth elections. The Commission shall not employ or appoint a person who is a candidate for public office or who holds an elected position, or who is a convicted felon still on parole. Any person who is appointed shall take and subscribe to an oath of office, a copy of which is attached to this chapter as exhibit “B.”

 

Modified, 1 CMC § 3806(d), (f), (g).

 

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The Commission changed “exh.” to “exhibit.”

 

Part 700 -   Campaign Financial Disclosure

 

§ 30-10-701   Campaign Committee Designations

 

(a)        Pursuant to 1 CMC § 6424 all candidates who are officially certified are required to file campaign finance and spending disclosure statements with the Office of the Public Auditor.

 

(b)        Upon submitting their nomination papers, all candidates shall also submit a campaign committee statement that identifies the chairman and treasurer of their committee. The form shall also provide postal addresses and telephone numbers for the chairman and treasurer. Upon request of the Office of Public Auditor, and for purposes of enforcing this provision the Commission shall provide such contact information to the Office of Public Auditor upon reasonable request.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: The title of this part was changed in the notice of adoption of the August 2001 amendments. See 23 Com. Reg. 18258 (Aug. 16, 2001).

 

§ 30-10-705   Duties and Obligations of Candidates

 

The candidate is ultimately responsible for accurate, full and detailed campaign financial disclosure.

 

(a)        The candidate shall appoint a treasurer to assist the candidate to fully comply with the law.

 

(b)        The candidate shall keep a written record of all contributions from contributors and supporters, and all campaign expenses paid to ensure full accountability of all campaign financial activity.

(1)        The duty to keep a written record of all contributions and expenses begins when the first contribution is received or the first expenditure is made in furtherance of a potential candidate’s campaign.

(2)        The candidate shall maintain an accurate and detailed record of the names of all contributors and supporters and of campaign expense details.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: The 2014 amendments designated the entire section as subsection (a). As there were no other subsections, the Commission redesignated subsections pursuant to 1 CMC § 3806(a). The Commission changed the phrase “begins the” in subsection (b)(1) to “begins when the” pursuant to 1 CMC § 3806(g).

 

The May 2001 Election Commission Regulations § 8, entitled “Campaign Finance Disclosure,” contained only § 30-10-701. See 23 Com. Reg. at 17740 (Mar. 22, 2001). The August 2001 amendments added § 11, entitled “Campaign Financial Disclosure,” which is codified in sections 30-10-705 through 30-10-795. See 23 Com. Reg. at 17945-50 (June 19, 2001). The Commission moved the original May 2001 Election Commission Regulations §§ 9 and 10 after this part for clarity.

 

Public Law 15-6 (effective April 26, 2006) amended the definition of “campaign statement of account” to read:

 

“Campaign Statement of Account” means an itemized statement prepared by a candidate or potential candidate showing the specific source, names of contributors and amount of contributions and expenses, including the names of persons receiving such expense, except where the aggregate fair market value of an expense or contribution is less than five hundred dollars.

 

1 CMC § 6421(a).

 

§ 30-10-710   Names and Identities of Contributors, Supporters and Expenses

 

A candidate shall disclose the names and identities of all contributors and supporters who contribute in the aggregate $100 or more in cash or fair market value of property to a candidate, potential candidate, campaign or committee. A candidate or potential candidate is required to keep a written record of all contributions since a contributor or supporter may contribute less than a $100 at one time, but make multiple contributions at different periods which, in the aggregate, may total $100 or more.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-715   Anonymous Contributions Prohibited

 

Since candidates are required to identify the names of all contributors and supporters who contribute $100 or more, acceptance of anonymous contributions of any amount is not allowed. Any such anonymous contribution must be immediately returned to the contributor or supporter. If the candidate receives a contribution that is non-traceable or non-identifiable, a candidate must immediately forward the contribution to the Commonwealth Treasurer for deposit to the Commonwealth general fund.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-720   All Contributions Are Reportable

 

All contributions are required to be reported on the candidate’s campaign statement of account. If a candidate receives a contribution of less than $100 from a contributor or supporter, then the amount of that contribution is required to be reported regardless of the amount, even though the name of the contributor need not be disclosed. The candidate must identify any contributor who has contributed $100 or more in the aggregate. For example, if a contributor bought five $20 raffle tickets at several fund raising events, the candidate must identify and report the name of the contributor in the campaign statement of account. However, if such contributor bought less than $100 in tickets during the campaign, the candidate would not be required to identify the contributor in the campaign statement of account, but must still account for the contribution and post the amount received.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-725   Classifying Contributions

 

To assist in preparing the suggested forms and schedules, it is recommended that a candidate and the candidate’s treasurer collect all contributions and place them in the following categories:

 

(a)        Gross proceeds from fund-raising events such as lunches, dinners, raffles, and similar fund-raising events.

 

(b)        Other monetary contributions received as direct monetary donations rather than as receipts generated from the sale of fund-raising tickets, lunches, dinners, etc.

 

(c)        In-kind contributions include:

(1)        Expendable items, such as food, drinks, t-shirts, print-ads, banners, posters, lumber, construction materials, and the like.

(2)        Reasonable value of donated services, i.e., advertising, trucking, transportation, entertainment, tents, lodging, catering, and the like.

(3)        Reasonable rental value of real or personal property loaned out or used for free, such as use of computers, tents, canopies, and the like.

 

(d)       Contributed property, such as computers, components and accessories, furniture, vehicles, tools, equipment, and the like given to a candidate with the intent of transferring the ownership to the candidate and allowing the candidate to retain or keep the property after the election.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705. The Commission inserted a period at the end of subsection (c)(1) pursuant to 1 CMC § 3806(g).

 

§ 30-10-730   Classifying Expenses

 

To assist in preparing the suggested forms and schedules, it is recommended that a candidate and the candidate’s treasurer collect all expenses and place them in the following categories:

 

(a)        Fund-raising expenditures (monetary) directly related to fund-raising events, such as the cost of food and drinks, printing of tickets, advertising, and the like.

 

(b)        In-kind expenditures, such as the fair market value of donated goods and services (shown as deductions from contributions received).

 

(c)        Multi-candidate expenses - expenses which have been allocated to various candidates and/or committees.

 

(d)       Contributions to other candidates or committees, such as transfer of campaign funds or property assets.

 

(e)        General expenditures - all other expenses not falling under the above classifications.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-735   Contributions Are for Election Campaigns Only

 

All contributions from supporters are to be used for campaigns and election purposes only. Contributions are not to be used for personal use. If a candidate has campaign funds remaining after an election, he or she may retain those funds for a future election campaign, or return the funds to their contributors and supporters. If the remaining funds are retained for a future election campaign, the candidate shall report the carried-over funds on the future election campaign statement of account. Nothing in this section shall prevent a candidate from using campaign funds for having one or more post-election meetings, rallies or parties within a reasonable time after the election. If the candidate returns the funds to their contributors or supporters, or if they are used for post election meetings, rallies, or parties, or a combination thereof, the candidate shall file an original and two copies of an amended campaign statement of account with the Public Auditor, and provide a copy to the Election Commission (bearing the OPA stamp), within fifteen days after the return and/or use of such funds. Should the candidate, in good faith, elect to retain remaining campaign funds for a future election, and is later unable or unwilling to run for election, he or she may either return the funds to their original contributors or supporters, or donate the funds to a legally organized charity of their choice. In such case, the candidate shall file an original and two copies of an amended campaign statement of account (bearing the OPA stamp), within fifteen days after the return or donation of such funds.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: The notice of adoption of the August 2001 amendments changed the proposed language of this section. See 23 Com. Reg. at 18258-59 (Aug. 16, 2001); see also the comment to § 30-10-705.

 

§ 30-10-740   Campaign Statement of Account

 

All candidates are required to file an original and two copies of a campaign statement of account with the Public Auditor, and provide a copy to the Election Commission (bearing the OPA stamp), within 50 days after the election. The campaign statement of account may be delivered by certified mail as long as it is postmarked no later than the 50th day after the election. The campaign statement of account shall be verified under oath by both the candidate and the candidate’s treasurer. Such verification shall attest that the candidate and treasurer have used all reasonable diligence in the preparation of the statement and all supporting documents, and that the statement is true, full and explicit. (Attached as exhibit “C” to this chapter is the required “campaign statement of account” form that candidates must use.) This form will be available at both the Public Auditor’s office and the Election Commission office. The statement shall include the names and contributions of contributors and supporters who make cash or in-kind contributions, consistent with the requirements of § 30-10-720 above. It must also include a detailed statement of campaign spending. For campaign financial disclosure filing purposes only, candidates for Governor and Lt. Governor are considered one candidate, and are only required to file a single statement of account to be signed and verified by both individuals and their treasurer.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: The Commission changed “exhibit ‘A’” to “exhibit ‘C’” to accommodate exhibits A and B attached to the May 2001 Election Commission Regulations and referenced in §§ 30-10-205 and 30-10-601; see also the comment to § 30-10-705. The Commission changed the brackets around the statement “Attached as exhibit ‘C’….” to parenthesis, as brackets are reserved for Commission use.

 

§ 30-10-745   Suggested Schedules and Reporting

 

In order to comply with the law, there is additional information that a candidate is required to report and disclose. Unlike the campaign statement of account form, the law does not mandate particular forms to report and disclose this additional information. In order to assist candidates, the Public Auditor and the Commission will make available suggested schedules and reports to enable filers to comply with all other statutorily required reporting requirements. [Attached as exhibit “D” are copies of the suggested schedules and reports].

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: The Commission changed “exhibit ‘B’” to “exhibit ‘D’” to accommodate exhibits A and B attached to the May 2001 Election Commission Regulations and referenced in §§ 30-10-205 and 30-10-601; see also the comment to § 30-10-705. The Commission changed the brackets around the statement “Attached as exhibit ‘D’….” to parenthesis, as brackets are reserved for Commission use.

 

 

§ 30-10-750   Fund-raising Activity Reporting

 

A candidate shall submit an itemized report for all fund-raising activities, which shall list the gross proceeds from fund-raising events, in-kind contributions received and contributed property. It shall also list fund-raising expenses, and allow for an adjustment of all in-kind contributions received. All candidates shall be required to report total receipts and total disbursements for all fund-raising activities.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-755   Contributions and Expenses From Fund-raising Events

 

Receipts or contributions from fund-raising events are reported on a “gross” basis. For example, in fund-raising events where tickets are sold, “contributions” would be reflected at their sales value rather than at the net proceeds of the event. Fund-raising expenses are those expenses incurred at a fund-raising event that are directly related to the event, such as the cost of food and drinks, printing of tickets, advertising, and the like.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-760   Multi-candidate Apportionment and Reporting

 

A candidate must report contributions that are made for the benefit of more than one candidate. Where contributions and/or expenditures are made to benefit more than one candidate, each candidate benefitting shall report his or her equal and/or agreed upon share. For example, if a candidate’s name and photo are advertised in a newspaper as part of a group, then each candidate shall report the contribution or independent expenditure as an equal or agreed upon share of the cost of the advertisement. The requirements for multi-candidate apportionment are applicable to all groups of more than one candidate for expenses, independent expenditures, fund-raising events, rallies, meeting, gatherings, parties or any other event where expenses are incurred, and more than one candidate benefits from the event.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-765   General Contribution and Expense Reporting

 

All candidates are required to report all contributions, expenses and independent expenditures that are otherwise not related to fund-raising. These contributions and expenses must be listed separate and apart from the fund-raising event report. A candidate must report all receipts of general contributions to include monetary contributions from non-fund-raising events, in-kind contributions and contributed property received from their contributors and supporters. A candidate shall also report all expenses and independent expenditures such as general expenditures, contributions to other candidates and an adjustment for in-kind contributions received. All candidates are required to report total receipts and total disbursements that are not related to fund-raising.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-770   Contributed Property

 

Property contributions are reported at the fair market value of the contributions.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-775   Contributions to Other Candidates

 

A candidate is required to report all contributions, either cash, in-kind or donated property, that they make to other candidates, regardless of whether they use their own personal funds or campaign committee funds.

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: The notice of adoption of the August 2001 amendments changed the proposed language of this section. See 23 Com. Reg. at 18259 (Aug. 16, 2001); see also the comment to § 30-10-705.

 

§ 30-10-780   Loan Forgiveness

 

A candidate who received a loan from any contributor or supporter for the purpose of benefitting their election campaign shall report that loan as a contribution, if the loan was forgiven or otherwise not repaid in full by the date that the candidate is required to file his or her campaign statement of account. If a partial payment has been made then the net amount forgiven shall be the value of the reported contribution.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-785   Interest Free Loans

 

A candidate shall report the value of the fair market interest rate on all interest free loans as a contribution, regardless of whether the loan has been repaid on the date that the candidate is required to file his or her campaign statement of account.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-790   Extension of Deadline

 

A candidate may request a 15-day extension of time to file the campaign statement of account, however a candidate will be fined a non-waivable $100 penalty by the Commission for each day the financial report is late unless the candidate has his or her deadline extension request approved by the Commission by the filing due date of the campaign statement of account.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

§ 30-10-795   Acts to Establish All Reasonable Diligence

 

A candidate is required to use all reasonable diligence to discover and report all multi-candidate expenses and independent expenditures made directly by supporters and political parties on their behalf, or on behalf of “multi-candidates,” where the expense shall be apportioned. The following will establish all reasonable diligence:

 

(a)        Writing a letter of request to the supporter or political party.

 

(b)        Asking the supporter or political party in that letter what expenses were multi-candidate apportioned or what independent expenditures were made on his or her behalf.

 

(c)        If the supporter or political party responds, then the candidate must report what the supporter or political party expended on their behalf, and what portion was attributable to them where such independent expenditures were multi-candidate apportionments.

 

(d)       If no response is received from the letter, then either a telephone call or personal visit to the supporter or political party who made the multi-candidate apportionment or independent expenditure should be attempted.

 

(e)        If still no response is received, then after a reasonable time has elapsed, the candidate shall have met their reasonable diligence requirement so long as the information was requested within a reasonable time prior to the filing deadline. A candidate shall be required to provide a good faith estimate of all known multi-candidate expenses and independent expenditures, which shall clearly state that it is a good faith estimate. If the candidate subsequently becomes aware of the accurate multi-candidate expense or independent expenditure information after the filing deadline, the candidate must promptly, within 10 days, file an “amended” campaign statement of account. Upon a showing of good cause by the candidate, no penalty will be assessed for an “amended” campaign statement of account filed after the deadline and in accordance with this provision.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

 

Commission Comment: See the comment to § 30-10-705.

 

Part 800 -   Miscellaneous Provisions

 

§ 30-10-801   Severability

 

If any provision of the regulations in this chapter shall be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations in this chapter shall not be affected thereby.

 

History: Amdts Adopted 36 Com. Reg. 35399 (Aug. 28, 2014); Amdts Proposed 36 Com. Reg. 35083 (June 28, 2014); Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: For clarity, the Commission moved the original May 2001 Election Commission Regulations § 9, entitled “Severability,” after the August 2001 amendments § 11, entitled “Campaign Financial Disclosure,” which is codified in §§ 30-10-705 through 30-10-795. See 23 Com. Reg. at 17740 (Mar. 22, 2001). The October 2001 amendments and the August 2001 amendments contained identical severability sections. See 23 Com. Reg. at 17950 (June 19, 2001); 23 Com. Reg. at 18253 (Aug. 16, 2001).

 

In 2014 the Commonwealth Election Commission repealed part 800, entirely replacing the language previously modified by the Law Revision Commission. The Commonwealth Election Commission replaced this repealed section with an identical severability section.

 

§ 30-10-805   Effective Date

 

The regulations in this chapter shall take effect ten days after the notice of adoption and final publication in the Commonwealth Register.

 

History: Amdts Adopted 23 Com. Reg. 18420 (Oct. 19, 2001); Amdts Proposed 23 Com. Reg. 18244 (Aug. 16, 2001); Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001); Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

 

Commission Comment: For clarity, the Commission moved the original May 2001 Election Commission Regulations § 10, entitled “Effective Date,” after the August 2001 amendments § 11, entitled “Campaign Financial Disclosure,” which is codified in §§ 30-10-705 through 30-10-795. See 23 Com. Reg. at 17740 (Mar. 22, 2001). The October 2001 amendments and the August 2001 amendments contained identical effective date sections. See 23 Com. Reg. at 17950 (June 19, 2001); 23 Com. Reg. at 18253 (Aug. 16, 2001).

 

In 2014 the Commonwealth Election Commission repealed part 800, entirely replacing the language previously modified by the Law Revision Commission.

Exhibit A
Affidavit of Registration

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).


 

Exhibit B
Oath of Office

History: Adopted 23 Com. Reg. 17854 (May 24, 2001); Proposed 23 Com. Reg. 17724 (Mar. 22, 2001).

Exhibit C
Campaign Statement of Account

 


 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).

Exhibit D
Fund-raising Event Report

 

 


 


 


 


 


 


 


 


 


 

History: Amdts Adopted 23 Com. Reg. 18258 (Aug. 16, 2001); Amdts Proposed 23 Com. Reg. 17939 (June 19, 2001).


 

 

Exhibit E
Sample General Election Ballot

History: Amdts Proposed 27 Com. Reg. 23977 (Feb. 17, 2005).

 

Commission Comment: The March 2005 adopted regulations did not include Example B, “Sample General Election Ballot,” published with the proposed regulations. See 27 Com. Reg. at 23976 (Feb. 17, 2005); 27 Com. Reg. 24121 (Mar. 17, 2005).


CHAPTER 30-20

NORTHERN MARIANAS DESCENT REGISTRY RULES AND REGULATIONS

 


Part 001          General Provisions

§ 30-20-001     Authority

§ 30-20-005     Purpose and Scope

 

Part 100          Registration

§ 30-20-101     General Registration Procedures

§ 30-20-105     Registration by Affidavit

§ 30-20-110     Mail Registration

§ 30-20-115     Mail Registration Requirements

§ 30-20-120     Northern Marianas Descent Qualification

§ 30-20-125     Public Record Information of NMD Registration

§ 30-20-130     Registration Clerks

§ 30-20-135     No Refusal Right

 

Part 200          Hearings on Challenges of Registrations

§ 30-20-201     Hearing Procedures

§ 30-20-205     Rights of Challenged Registrant

§ 30-20-210     Decisions

 

Part 300          Miscellaneous Provisions

§ 30-20-301     Severability

§ 30-20-305     Effective Date


 

Chapter Authority: CNMI Const., art. XII; 1 CMC § 6105.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Commission Comment: The Northern Marianas Descent Registry (NMDR) was established by the enactment of Public Law 17-40 for the purpose of registering persons who are of Northern Marianas descent pursuant to Article XII, § 4 of the CNMI Constitution. The Commonwealth Election Commission (CEC) promulgated regulations for the registration of Northern Marianas Descent under Section 5 of Public Law 17-40.

 

Part 001 – General Provisions

 

§ 30-20-001     Authority

 

The authority for the adoption and promulgations of the Northern Marianas Descent Registry Rules and Regulations is vested under the authority and directions set forth in Section 5 of Public Law 17-40 [1 CMC § 6924].

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

           

§ 30-20-005     Purpose and Scope   

 

The purpose of the rules and regulations in this chapter is to establish and maintain an official listing and records of persons of Northern Marianas descent.

           

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Part 100          Registration  

 

§ 30-20-101     General Registration Procedures

 

The primary method of registration for Northern Marianas Descent (NMD) shall be in person before a duly authorized registration clerk, a Commission staff person or a Commission member. Any qualified individual may register at the Commission office in Saipan, at their residence or such other places that the Commission allows for the registration of voters.

           

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-105     Registration by Affidavit

 

An NMD registers by completing the affidavit, as attached and incorporated herein as exhibit A to this chapter and providing all of the information as required by law, and executing the same under the penalty of perjury.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-110     Mail Registration

           

(a)        A person otherwise qualified under Article XII, § 4 of the Northern Mariana Islands Constitution may submit his registration affidavit by mail so long as the registration affidavit is signed. Upon signing the registrant must mail the registration affidavit via either first class, priority mail or express mail to the following address:

 

Commonwealth of the Northern Mariana Islands

Commonwealth Election Commission

P.O. Box 500470

Saipan, MP 96950

           

(b)        Registration affidavit by mail must be postmarked no later than the date required for registration of all Commonwealth voters in order to vote in a general or special election. In the event the eligible voter mails the affidavit from such a locale that does not properly affix a postmark, such as a ship or submarine, then the date on the affidavit shall be presumed to be the day that the affidavit was mailed by the eligible voter. If that date is on or before the date the affidavit is due, then the voter shall be presumed to be registered if the Commission satisfactorily determines that the voter is eligible.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-115     Mail Registration Requirements

 

As required by law, a person who desires to register by mail must not be physically present in the Commonwealth, and the registration clerk who receives the registration affidavit by mail must check the post mark or other such evidence to insure that the individual who submitted the application did not mail it from a location inside the Commonwealth.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-120     Northern Marianas Descent Qualification

 

Any person who is otherwise qualified to register by mail must meet the requirements as set forth in Article XII, § 4 of the Northern Mariana Islands Constitution, as executed on the affidavit of registration.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-125     Public Record Information of NMD Registration

 

It is understood that nothing in the Commonwealth Election Code or the Open Government Act as both are presently worded protects the privacy of the information contained in the affidavit of registration for NMD’s. Therefore any person may request information about an NMD that is provided on the individual’s registration affidavit. Therefore it is the decision of the Commission that the affidavit information shall remain a public record. Nothing in this section can prevent the Commission from changing this requirement should there be a change in either of these laws that declare this information private.

           

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-130     Registration Clerks

 

Registration clerks shall be all duly employed staff members of the Commission, and any Commission member or any other person who is properly designated by the Commission. Upon receipt of the duly executed affidavit, a registration clerk shall promptly transmit the affidavits to the Commission offices on Saipan via first-class mail in a sealed envelope to the same address mentioned above or immediately via personal delivery so that the NMD’s names shall appear on the register. The Commission shall ensure registration clerks have enough NMD registration affidavits.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Commission Comment: The Commission changed “Commissions offices on Saipan” to “Commission offices on Saipan” to correct a manifest error.

 

§ 30-20-135     No Refusal Right

 

No registration clerk shall refuse to register a person seeking to register even if the clerk believes that the person is not qualified to register. Instead the registration clerk shall allow the individual to fill out the affidavit, but shall immediately inform the Executive Director or a Commission staff person that the person attempting to register might not be eligible to register as an NMD in the Commonwealth. The Commission shall then follow the hearing procedures on all such registrations as listed in the regulations in this chapter.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Commission Comment: The Commission replaced “registrations as listed below” with “registrations as listed in the regulations in this chapter.”

 

Part 200          Hearings on Challenges of Registrations   

 

§ 30-20-201     Hearing Procedures

 

As authorized by law, the Commission shall hold hearings on all challenged registrations where it appears that the proposed registrant does not meet the qualifications required by statute to register under the Commonwealth Constitution. The hearings shall occur no more than 30 days after the registrant submitted their registration affidavit. As allowed by law the hearings will be informal in nature. A quorum of the Commission shall be necessary to conduct a hearing. Due to the informal nature of the hearing, and where necessary, a Commission member may participate at the hearing through the telephone. Pursuant to the law, the quorum must consist of at least 5 members provided that there is at least one representative from each senatorial district. It is not necessary that the hearing be noticed publicly, but the challenged registrant shall be given reasonable advance notice and opportunity to be heard at the hearing.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Commission Comment:  The Commission titled this section.

 

§ 30-20-205     Rights of Challenged Registrant

 

The challenged registrant shall be allowed to offer any oral or documentary evidence as to why he should be registered. The challenged registrant may be represented by counsel of his or her own choosing and at his or her own expense. Any person shall be allowed to offer any oral or documentary evidence as to why the person should or should not be registered. The challenged registrant may also participate at the hearing by being physically present or through the telephone.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Commission Comment: The Commission titled this section. The Commission replaced “his own expense” with “his or her own expense.”

 

§ 30-20-210     Decisions

 

The decision denying the challenged registrant the right to be registered shall be decided by a 3/4 majority of the Commission members present at the hearing, including those participating through the telephone. In all other cases where less than 3/4 of the Commission members present vote to deny the registrant the right to be registered, then it shall be presumed that the registrant is qualified to register. No Commission member who does not participate by being present (either physically or through the telephone) in a challenge hearing shall be allowed to vote on whether or not the registrant can register. The Commission shall announce its decision in writing to the challenged registrant as well as make it available to the public no later than three days after the conclusion of the hearing.

 

The decision of the Commission shall be final; however, the judicial review petition procedures of the Commonwealth Administrative Procedure Act [1 CMC §§ 9101, et seq.] shall also govern the Commission’s decision as being an agency decision.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

Commission Comment: The Commission titled this section. In the second full paragraph, the Commission did the following: it added a comma after “however”; it changed 1 CMC §9101, et. seq.” to “1 CMC §§ 9101, et seq.”; and it removed the comma in the phrase “Commission’s decision, as being.”

 

Part 300          Miscellaneous Provisions

 

§ 30-20-301     Severability

 

If any provision of the regulations in this chapter shall be held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations in this chapter shall not be affected thereby.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).

 

§ 30-20-305     Effective Date           

 

The regulations in this chapter shall take effect upon the notice of adoption and upon final publication in the Commonwealth Register.

 

History: Adopted 33 Com. Reg. 32090 (Nov. 2011); Proposed 33 Com. Reg. 31918 (Sept. 2011); Proposed 33 Com. Reg. 31673 (June 2011).