Organization and Procedures

N. Mar. I. Const. art. II, sec. 14 — under Legislative Branch.

N. Mar. I. Const. art. II, sec. 14

Organization and Procedures

(a) Each house of the legislature shall be the final judge of the election and qualifications of its members and the legislature may vest in the courts the jurisdiction to determine contested elections of members. Each house may compel the attendance of absent members, discipline its members and, by the affirmative vote of three-fourths of its members, expel a member for commission of treason, a felony, breach of the peace, or violation of the rules of that house. Absolute authority of the legislature to decide upon the seating of its members, and to determine whether courts shall play any role in that process, is expressly set forth in NMI Const. art. II, § 14(a). While the legislature may authorize courts to review legislative elections and determine their outcomes, nothing requires it to grant courts such jurisdiction. Nabors v. Manglona, 829 F.2d 902 (9th Cir. 1987). Under NMI Const. art. II, § 14(a) only the legislature has the power to seat its members, and only if the legislature delegates some or all of its power to the courts do courts obtain jurisdiction to determine contested legislative elections. In repealing judicial review provisions in the Northern Mariana Islands Election Act pursuant to PL 5-7, the legislature made it clear that it did not want judicial review of legislative elections. 1 CMC §§ 6421 et seq. Manglona v. Benavente, 829 F.2d 899 (9th Cir. 1987).

(b) Each house of the legislature shall choose its presiding officer from among its members, establish the committees necessary for the conduct of its business, and promulgate rules of procedure. Each house may compel the attendance and testimony of witnesses and the production of books and papers before the house or its committees. The legislature shall keep a journal of its proceedings that shall be published from day to day.

(c) The meetings of the legislature and its committees shall be public except that each house of the legislature or a legislative committee may meet in executive session if authorized by the affirmative vote of two-thirds of the members of the house. Final action on any legislative matter may not be taken in executive session.