In a joint letter, Reps. Tina Sablan, Edmund Villagomez, Sheila Babauta, Richard Lizama and Donald Manglona reminded the governor of his duty to fill the vacancy in the House in accordance with the CNMI Constitution and the law, and “restore full representation for the people of Precinct 1 for the remaining term of the 21st Legislature.”
Article II, Section 9 of the CNMI Constitution states that if a vacancy occurs in the Legislature when less than one-half of the term remains, the governor must fill that vacancy “by appointing the unsuccessful candidate for the office in the last election who received the largest number of votes and is willing to serve…”
1 CMC § 6502(d) states that the vacancy “shall be filled within 30 days of the date of the vacancy.”
The Precinct 1 House seat became vacant when former House Minority Leader Edwin Propst’s resignation took effect on Oct. 1.
An independent candidate, Babauta placed seventh in the 2018 Precinct 1 House elections and is the rightful candidate to take the vacant House seat, the House minority bloc stated.
They added that Babauta has not heard from the governor regarding the House vacancy.
Sablan said the administration issued a statement last week suggesting that the clock started when the speaker sent his letter on Oct. 23 to inform the governor of the vacancy.
But the minority bloc said there is nothing in the law that requires the speaker to do that first in order for the governor to appoint.
The speaker’s letter itself identifies Oct. 1 as the effective date of the vacancy, the minority bloc added.
“The Speaker confirmed the effective date of that vacancy in his letter to you of Oct. 23. Therefore, under the law, 1 CMC Section 6502(d), you should have filled the resulting vacancy in the House on or before Oct. 31, 2020. The individual you are required to appoint is Mr. Franklin Reyes Babauta, who was the unsuccessful candidate for the office in the last election who received the largest number of votes. Mr. Babauta has publicly confirmed that he is willing to serve,” the minority bloc told the governor.
“It is our understanding that you have yet to reach out to him. Governor Torres, the law is clear. The process for filling a vacancy in the Legislature is simple and straightforward. The people of Precinct 1 are entitled to full representation in their House of Representatives, and you have a constitutional and statutory mandate to ensure that. We urge you to follow the law, and appoint Mr. Babauta without further delay.”
According to the administration, “The Office of the Governor received the official communication from the Speaker officially declaring the legislative vacancy for Precinct 1 in the House of Representatives on Monday, Oct. 26, 2020. In line with Article II, Section 9 of the CNMI Constitution and with respect for the separation of powers between two equal branches of government, the Governor respectfully waited for a vacancy to be officially declared by the Speaker of the House before acting on the appointment. Moreover, in line with 1 CMC § 6502 and historical precedent with other Legislative vacancies, the Governor has 30 days from the date of the declared vacancy to appoint the unsuccessful candidate for the office.”
