Davis, Jr. v. Commonwealth Election Commission

The Commonwealth of the Northern Mariana Islands, pursuant to Article XVIII, section 5(c) of the Commonwealth of Northern Mariana Islands Constitution, restricts voting in certain elections to individuals of "Northern Marianas descent" (NMDs). Plaintiff filed suit alleging that this restriction is race-based and violates the Fifteenth Amendment. The district court granted plaintiff declaratory and injunctive relief and required that non-NMDs be permitted to vote in the November 2014 special election. The court concluded that the voting restriction in Article XVIII, section 5(c) would divide the citizenry of the Commonwealth between NMDs and non-NMDs when voting on amendments to a property restriction that affects everyone. The court explained that the Fifteenth Amendment aims to prevent precisely this sort of division in voting. Because Article XVIII, section 5(c) relies on ancestral distinctions to limit voting in a territory-wide election in the Commonwealth, it violates the Fifteenth Amendment. The court rejected the remaining arguments and affirmed the judgment. View "Davis, Jr. v. Commonwealth Election Commission" on Justia Law