Title 1 — Government

TITLE 1: GOVERNMENT DIVISION 1: LEGISLATIVE BRANCH CHAPTER 5. Reapportionment Act of 1991. § 1501. Title. This chapter may be cited and shall be known as the Reapportionment Act of 1991. Source: PL 7-37, § 1 (§ 1501). Commission Comment: PL 7-37, which took effect September 17, 1…

TITLE 1: GOVERNMENT DIVISION 1: LEGISLATIVE BRANCH § 1502. Findings and Purpose. (a) In accordance with the mandate of N.M.I. Const. art. II, § 4(a), the legislature finds that based upon the increase in the population of the Commonwealth as reported by the Bureau of the Census, …

TITLE 1: GOVERNMENT DIVISION 1: LEGISLATIVE BRANCH § 1503. Increase in House Membership. Pursuant to N.M.I. Const. art. II, §§ 3(a) and (b), and 4(a), the membership of the House of Representatives is increased from 15 to 18 by increasing the number of representatives from Saipan…

TITLE 1: GOVERNMENT DIVISION 1: LEGISLATIVE BRANCH § 1504. Saipan Election District. For the purpose of electing 16 members of the House of Representatives from Saipan and the islands north of Saipan, Saipan shall be divided into the following four election districts: First Distr…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2251. Public School System. There is hereby established as a nonprofit corporation, the Public School System, which shall be the state education agency for preschool, elementary and secondary programs. The Public School System sh…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2252. Interagency Cooperation. The Board of Regents and other instrumentalities of the Commonwealth government shall work together with the Board of Education in the cooperative development, implementation, and operation of the p…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2261. Board of Education. (a) There is established a Board of Education, consisting of five voting members elected at-large on a nonpartisan basis as follows: one from the First Senatorial District, one from the Second Senatorial…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2262. Board of Education: Tenure. (a) Elected members of the board shall serve terms of four years except that the terms of the first members elected shall be determined by drawing of lots with three members serving a term of fou…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2263. Board of Education: Vacancies. (a) Any vacancy on the board caused by the death, resignation, or removal of an appointed member shall be filled in the same manner as the original appointment to serve the unexpired term of t…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2264. Board of Education: Compensation. (a) Members of the Board may receive compensation for meetings attended at a rate consistent with Commonwealth law. A member who is employed by any branch or agency of the Commonwealth gove…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2265. Board of Education: Chairman: Election. A chairman shall be elected by a majority vote of the voting members of the board. Source: PL 6-10, § 1(§ 1521).

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2266. Board of Education: Meetings. Meetings of the board will be open and held at least once every three months. Special meetings shall be called by the chairman or by a majority of the board members as often as may be necessary…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2267. Board of Education: Quorum; Removal of Members. (a) All actions of the board requiring a vote shall be conducted at a board meeting. The presence of four voting members shall constitute a quorum for transaction of business …

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2268. Board of Education: Powers, Functions, and Duties. (a) To formulate policy and exercise control over the Commonwealth Public School System through the commissioner; (b) To establish and revise as necessary on its own or thr…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2269. Rules and Regulations. The Commissioner shall promulgate necessary rules and regulations to carry out the intent of 1 CMC §§ 2261(e), 2262(c), and 2263(b), including but not limited to candidate identification and selection…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2271. Commissioner of Education: Appointment. The board shall appoint a commissioner who shall serve as the chief executive officer for the Public School System and the Board of Education. The board shall establish the duties of …

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2272. Commissioner of Education: Qualifications. The commissioner shall serve at the pleasure of the board and shall be appointed by the Board of Education for a term of four years and may be removed by a majority vote of the mem…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2273. Commissioner of Education: Formulation of Policy. The board shall formulate policies and exercise control over the Public School System through the commissioner, as provided in N.M.I. Const. art. XV, § 1. Source: PL 6-10, §…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2281. Public School System Building Fund. (a) There is hereby established a special fund within the Department of Finance which shall be known and designated as the Public School System Building Fund. (b) The purpose of the fund …

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2282. Technical Education Program Fund. (a) A Technical Education Program Fund is hereby created as a dedicated fund within the CNMI Treasury and the Secretary of Finance shall make all disbursements from the Fund only to the Pub…

TITLE 1: GOVERNMENT DIVISION 2: EXECUTIVE BRANCH § 2283. Loan Agreement Authorization. Notwithstanding any law to the contrary, the Commonwealth of the Northern Mariana Islands Public School System is hereby authorized to enter into a loan agreement for a sum up to $5,000,000.00 …

TITLE 1: GOVERNMENT DIVISION 3: JUDICIAL BRANCH § 3501. Advisory Commission on Judiciary. There is in the Commonwealth government an Advisory Commission on the Judiciary composed of five members appointed by the President of the Senate and the Speaker of the House. Three members …

TITLE 1: GOVERNMENT DIVISION 3: JUDICIAL BRANCH § 3502. Advisory Commission on Judiciary: Tenure. The members of the commission shall serve for three years, except that of the members first appointed, one shall serve for one year, two shall serve for two years and two shall serve…

TITLE 1: GOVERNMENT DIVISION 3: JUDICIAL BRANCH § 3503. Advisory Commission on Judiciary: Duties. The commission shall have the powers and duties as provided in the Constitution of the Northern Mariana Islands. In addition, the commission shall assist the judiciary in preparing: …

TITLE 1: GENERAL PROVISIONS § 501. Standard Time: Defined. The standard time throughout the Commonwealth shall be the mean solar time of the one hundred fiftieth degree of longitude east from Greenwich (150 E). This time shall be known as Marianas Standard Time. Source: MIDC § 1…

TITLE 1: GENERAL PROVISIONS § 502. Exemption from Daylight Savings Time. The Commonwealth of the Northern Mariana Islands is hereby exempted from the provisions of 15 U.S.C. § 260a. The entire Commonwealth shall observe the standard time set forth in 1 CMC § 501. Source: See 15 U…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6501. General Election. In conformance with Article VIII, Section 1 of the Constitution of the Commonwealth of the Northern Mariana Islands, regular general election of the Commonwealth shall be held on the Tuesday next after the first …

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6502. Special Elections Subject to the Call of the Governor. (a) If a vacancy occurs in the legislature, in the office of the Governor or Lieutenant Governor, or in the office of a mayor, which under the Constitution requires an electio…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6503. Time of Special Election. Special elections subject to the call of the Governor shall be held on a date set by the Governor which shall be no less than thirty (30) days nor more than sixty (60) days from the date of the proclamati…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6504. Calling of Special Elections. All special elections subject to the call of the Governor shall be called by proclamation of the Governor of the Commonwealth. The Commission shall cause a copy of the proclamation to be published in …

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6505. Special Elections Subject to the Call of the Legislature. Amendments to the Constitution of the Commonwealth of the Northern Mariana Islands, as proposed by popular or legislative initiative or by Constitutional Convention, and su…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6506. Funding for General and Special Elections. In the absence of an appropriation for a general or special election conducted pursuant to this part, or for voter education with respect to a proposed amendment to the Constitution, the …

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6507. Postponement of Election. If for serious cause resulting from any natural phenomena, act of God, or a public enemy, it becomes reasonably impossible to hold any election duly scheduled in the Commonwealth as a whole or in any sena…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6508. Election Day: Holiday. If an election is held on a day other than a Saturday or Sunday, the election day shall be a legal holiday within the Commonwealth or in the senatorial or election district. Source: PL 12-18, § 2 (6508).

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6509. Runoff Elections for Governor and Lieutenant Governor and Attorney General. (a) If in an election for the offices of governor and lieutenant governor – no candidate receives more than one-half of the total votes cast and counted, …

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6510. Employees Entitled to Leave on Election Day for Voting. (a) Any voter shall on the day of the election be entitled to be absent from any service or employment in which such voter is then engaged or employed for a period of not mor…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6521. Right to Cast Secret Ballot. (a) Each qualified voter has the right to cast a secret ballot in private. The Commission shall set up voting booths and places to guarantee that each voter may vote in private. No person shall be allo…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6522. Polling Places: Hours of Operation. Polling places shall open at 7:00 a.m. on the day of the election and shall be kept open until 7:00 p.m. on the same day, except that any person who is already at the polling place at 7:00 p.m. …

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6523. Collection of Ballot Boxes. (a) After all voting is completed, all ballot boxes and voting machines shall be collected by election officials and delivered to the Commission or its duly authorized representative by the safest and m…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6524. Tabulation of Votes. (a) Except as provided in subsection (d), the Commission shall establish an accounting and tabulation committee composed of not less than five members. The accounting and tabulation committee shall count and t…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6525. Ballot Irregularities. (a) If a ballot being counted appears improper, the final decision as to the validity of the ballot shall be made by the Commission. The accounting and tabulation committee shall separate any ballot it belie…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6526. Marking the Ballot. (a) In voting, the voter shall place the appropriate mark in the voting square adjacent to the name of any nominee for whom he intends to vote. (b) Should the Commission adopt a ballot form using any mechanical…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6527. Loss or Destruction of Ballots. In case of the prevention of an election in any election district by the loss or the destruction of the ballots intended for that election district, the election official or other member of the Comm…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6528. Polling Places: Three-hundred Foot Radius Prohibition of Campaign Activity. (a) It shall be unlawful for any person, between the hours of 7:00 a.m. to 7:00 p.m. on the day of the election and during early voting to perform or caus…

TITLE 1: GOVERNMENT DIVISION 6: ELECTIONS § 6529. Public Auditor Assistance. The Office of the Public Auditor shall assist the Election Commission for the entire election process to prevent and detect fraud and any abuse in the election process until the official results are cert…

TITLE 1: GOVERNMENT DIVISION 7: PLANNING, BUDGETING AND AUDITING § 7501. Application for Federal Grant Funds. (a) No Commonwealth agency shall make an application for federal monies or for participation in a federally assisted program under any federal law, and no Commonwealth ag…

TITLE 1: GOVERNMENT DIVISION 7: PLANNING, BUDGETING AND AUDITING § 7502. Inclusion of Federal Grant Funds in Executive Budget. (a) Pursuant to the submission of an annual budget by the Governor to the legislature, the special assistant shall include all federal monies received or…

TITLE 1: GOVERNMENT DIVISION 7: PLANNING, BUDGETING AND AUDITING § 7503. Spending Authority. To the extent that it is not precluded by the terms and conditions under which financial aid is made available by the federal government, an agency shall use the monies in accordance with…

Title 1: Government Division 7: Planning, Budgeting and Auditing § 7504. Local Funds. [Removed.] [Removed.] Source: PL 5-31, § 405. Commission Comment: [Historical comments removed.] The Commission removed this section from the Commonwealth Code. This section was enacted as part …

TITLE 1: GOVERNMENT DIVISION 7: PLANNING, BUDGETING AND AUDITING § 7505. Capital Improvement Project; Legislative Approval Required. Notwithstanding any law to the contrary, no capital improvement project may be funded, in total or in part, from federal funds obtained pursuant to…