Case: Davis v. Commonwealth Election Commission

1:14-cv-00002 | District Court for the Northern Mariana Islands

Filed Date: Jan. 27, 2014

Closed Date: June 2, 2014

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Case Summary

The plaintiff in this case is John H. Davis, Jr., a registered voter in the Commonwealth of the Northern Mariana Islands (CNMI). The defendants are the Commonwealth Election Commission, Frances M. Sablan (Chairperson of the Commonwealth Election Commission), Robert A. Guerrero (Executive Director of the Commonwealth Election Commission), and Eloy Inos (Governor of the Commonwealth of the Northern Mariana Islands). John H. Davis, Jr. sought a declaration that Article XVIII, § 5(c) of the Commonw…

John H. Davis, Jr. sought a declaration that Article XVIII, § 5(c) of the Commonwealth Constitution and its enabling laws, which restrict voting on initiatives to amend Article XII to persons of Northern Marianas descent (NMDs), violate his rights under the Fourteenth and Fifteenth Amendments of the United States Constitution. He also sought an injunction to prevent the defendants from enforcing these restrictions, thereby allowing him and other non-NMDs to vote on such initiatives.

The plaintiff filed a motion for summary judgment, arguing that the voting restrictions were unconstitutional. The defendants filed a cross-motion for summary judgment, asserting that the restrictions were valid and necessary to protect the interests of the NMD community. The court granted the plaintiff's motion for summary judgment in part and denied the defendants' cross-motion for summary judgment in part. The court found that the voting restrictions violated the Fifteenth Amendment's prohibition of racial discrimination in voting and the Fourteenth Amendment's guarantee of equal protection of the laws.

The court held that the classification of Northern Marianas descent is a racial classification and that the restrictions on voting based on this classification are unconstitutional. The court permanently enjoined the Commonwealth from enforcing Article XVIII, § 5(c) and Public Law 17-40, insofar as they prevent non-NMDs from voting on Article XII initiatives. The court also allowed the Commonwealth to maintain the Northern Marianas Descent Registry and issue identification cards for purposes not associated with voting. The court relied on the holdings in Rice v. Cayetano, which addressed racial classifications in voting, and Reynolds v. Sims, which emphasized the fundamental nature of the right to vote.

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Summary Authors

Matthew Miner (12/6/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5117019/parties/davis-v-commonwealth-election-commission/

Judge(s)

Manglona, Ramona V (Northern Mariana Islands)

Attorney for Plaintiff

Rayphand, Jeanne H. (Northern Mariana Islands)

Attorney for Defendant

Brasington, Charles E. (Northern Mariana Islands)

Lochabay, David (Northern Mariana Islands)

Judge(s)

Manglona, Ramona V (Northern Mariana Islands)

Attorney for Plaintiff

Rayphand, Jeanne H. (Northern Mariana Islands)

Attorney for Defendant

Brasington, Charles E. (Northern Mariana Islands)

Lochabay, David (Northern Mariana Islands)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:14-cv-00002	Complaint	Jan. 27, 2014	Jan. 27, 2014 Complaint
4 1:14-cv-00002	Motion for Summary Judgment	Feb. 16, 2014	Feb. 16, 2014 Pleading / Motion / Brief
10-1 1:14-cv-00002	Supplement Memorandum in Support of Defendants' Opposition to Plaintiff	March 20, 2014	March 20, 2014 Pleading / Motion / Brief
12 1:14-cv-00002	Reply to Opposition to Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment	April 9, 2014	April 9, 2014 Pleading / Motion / Brief
13 1:14-cv-00002	Reply to Plaintiff’s Opposition to Defendants’ Cross Motion for Summary Judgment	April 17, 2014	April 17, 2014 Pleading / Motion / Brief
15 1:14-cv-00002	Memorandum Decision and Order Granting in Part and Denying in Part Plaintiff's Motion and Defendant's Cross-Motion for Summary Judgment	May 20, 2014	May 20, 2014 Order/Opinion 2014 WL 2111065
18 1:14-cv-00002	Order Awarding Fees and Taxing Costs	June 2, 2014	June 2, 2014 Order/Opinion
20 1:14-cv-00002	Notice of Appeal and Representation Statement	June 5, 2014	June 5, 2014 Pleading / Motion / Brief
23 1:14-cv-00002	Order	Oct. 14, 2014	Oct. 14, 2014 Order/Opinion
26-3 1:14-cv-00002	Affidavit Declaration of Counsel	Oct. 15, 2014	Oct. 15, 2014 Declaration/Affidavit

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5117019/davis-v-commonwealth-election-commission/

Last updated March 11, 2025, 12:21 p.m.

ECF Number	Description	Date	Link Date / Link
	Summons Issued as to Commonwealth Election Commission. (BTC)	Jan. 27, 2014	Jan. 27, 2014 PACER
	Summons Issued as to Frances M. Sablan. (BTC)	Jan. 27, 2014	Jan. 27, 2014 PACER
	Summons Issued as to Robert A. Guerrero. (BTC)	Jan. 27, 2014	Jan. 27, 2014 PACER
	Summons Issued	Jan. 27, 2014	Jan. 27, 2014 PACER
1	COMPLAINT against Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Filing Fee: $400.00, Receipt Number: MPX1 3090.) filed by John H Davis, Jr. (Attachments: # 1 Civil Cover Sheet) (BTC) (Entered: 01/27/2014) 1 Civil Cover Sheet View on PACER	Jan. 27, 2014	Jan. 27, 2014 RECAP
	Summons Issued as to Eloy S. Inos. (BTC)	Jan. 27, 2014	Jan. 27, 2014 PACER
2	ANSWER to Complaint for Declaratory Judgment and Injunctive Relief by Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan. Related document: 1 Complaint filed by John H Davis, Jr.. (Brasington, Charles) (Entered: 02/12/2014)	Feb. 12, 2014	Feb. 12, 2014 PACER
3	ORDER RE:Case Management Conference. Case Management Conference set for 2/25/2014 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona.. Signed by Chief Judge Ramona V. Manglona on 02/13/2014. (BTC) (Entered: 02/13/2014)	Feb. 13, 2014	Feb. 13, 2014 PACER
4	MOTION for Summary Judgment Jeanne H. Rayphand appearing for Plaintiff John H Davis, Jr Responses due by 3/6/2014 (Attachments: # 1 Affidavit Declaration of Plaintiff) (Rayphand, Jeanne) (Entered: 02/16/2014) 1 Affidavit Declaration of Plaintiff View on RECAP	Feb. 16, 2014	Feb. 16, 2014 RECAP
	Set/Reset Hearings: re 4 MOTION for Summary JudgmentMotion Hearing set for 3/20/2014 01:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)	Feb. 18, 2014	Feb. 18, 2014 PACER
	Set/Reset Hearings	Feb. 18, 2014	Feb. 18, 2014 PACER
5	STIPULATION re 3 Case Management Conference Setting and (Re) Set Dated for Cross Motions, Oppositions, Replies and Hearing by Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero David Lochabay appearing for Defendants Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero (Lochabay, David) (Entered: 02/18/2014)	Feb. 18, 2014	Feb. 18, 2014 PACER
	Set/Reset Hearings	Feb. 19, 2014	Feb. 19, 2014 PACER
6	ORDER Granting 5 Stipulation to Vacate Case ManagementConference Setting And (Re)set Dates for Cross Motions,Oppositions, Replies And Hearing. Signed by Chief Judge Ramona V. Manglona on 02/19/2014. (DPB) (Entered: 02/19/2014)	Feb. 19, 2014	Feb. 19, 2014 PACER
	Set/Reset Hearings Re: 6 . All Motion Hearings will be heard on 4/24/2014 01:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (DPB)	Feb. 19, 2014	Feb. 19, 2014 PACER
	Set Hearing: In Chambers Conference set for 2/24/2014 12:45 PM in Chambers before Chief Judge Ramona V. Manglona. (ACH)	Feb. 21, 2014	Feb. 21, 2014 PACER
	Set/Reset Hearings	Feb. 21, 2014	Feb. 21, 2014 PACER
	Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: In Chambers Conference held on 2/24/2014. Attorney Jeanne Rayphand appeared on behalf of plaintiff. Attorneys Gilbert Birnbrich and David Lochabay appeared on behalf of defendants. (ACH)	Feb. 24, 2014	Feb. 24, 2014 PACER
	In Chambers Conference	Feb. 24, 2014	Feb. 24, 2014 PACER
	Order on Motion for Order	Feb. 27, 2014	Feb. 27, 2014 PACER
7	STIPULATION to Extend Page Limit by Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero, Joint MOTION for Order to Extend Page Limit Charles E. Brasington appearing for Defendants Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero (Brasington, Charles) (Entered: 02/27/2014)	Feb. 27, 2014	Feb. 27, 2014 PACER
8	DOCKETED IN ERROR-- Pursuant to General order 12-2 Proposed Orders are not to be electronically filed Proposed MOTION for Order re 7 STIPULATION to Extend Page Limit by Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. GuerreroJoint MOTION for Order to Extend Page Limit Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Brasington, Charles) Modified on 2/27/2014 (DPB). (Entered: 02/27/2014)	Feb. 27, 2014	Feb. 27, 2014 PACER
	Terminate Motion: 7 Stipulation as to Page Extension. (TPM)	Feb. 27, 2014	Feb. 27, 2014 PACER
9	ORDER Granting 7 Stipulation as to Page Extension. Signed by Chief Judge Ramona V. Manglona on 02/27/2014.(DPB) (Entered: 02/27/2014)	Feb. 27, 2014	Feb. 27, 2014 PACER
	Terminate Document: 8 (Document Docketed in Error). (TPM)	Feb. 27, 2014	Feb. 27, 2014 PACER
10	Cross MOTION for Summary Judgment Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Attachments: # 1 Supplement Memorandum in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment, # 2 Supplement Notice of Cross Motion for Summary Judgment) (Brasington, Charles) (Entered: 03/20/2014) 1 Supplement Memorandum in Support of Defendants' Opposition to Plaintiff View on RECAP 2 Supplement Notice of Cross Motion for Summary Judgment View on RECAP	March 20, 2014	March 20, 2014 RECAP
11	NOTICE Of Intent to Take Judicial Notice. Signed by Chief Judge Ramona V. Manglona on 03/24/2014. (BTC) The Court intends to take judicial notice of census counts and demographic information in the following documents: Report on the Administration of the Trust Territory of the Pacific Islands for the Period July 1, 1948 to June 30, 1949) # 1 Report on the Administration of the Trust Territory of the Pacific Islands for the Period July 1, 1949 to June 30, 1950, # 2 Report on the Administration of the Trust Territory of the Pacific Islands for the Period July 1, 1951 to June 30, 1952) Handbook on the Trust Territory of the Pacific Islands (Navy Dept, 1948) Modified on 5/23/2017 (TVW). (Entered: 03/24/2014)	March 24, 2014	March 24, 2014 PACER
12	RESPONSE in Opposition re 4 MOTION for Summary Judgment, 10 Cross MOTION for Summary Judgment, RESPONSE in Support filed by John H Davis, Jr. (Rayphand, Jeanne) (Entered: 04/09/2014)	April 9, 2014	April 9, 2014 RECAP
13	RESPONSE in Opposition re 12 Response in Opposition to Motion, Response in Support of Motion Reply to Plaintiff's Opposition to Defendants' Cross Motion for Summary Judgment filed by Commonwealth Election Commission, Robert A. Guerrero, Frances M. Sablan. (Brasington, Charles) (Entered: 04/17/2014)	April 17, 2014	April 17, 2014 RECAP
	Motions Taken Under Advisement	April 24, 2014	April 24, 2014 PACER
14	Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Motions Hearing held on 4/24/2014 re 4 Motion for Summary Judgment filed by John H Davis, Jr., 10 Cross Motion for Summary Judgment filed by Eloy S. Inos, Frances M. Sablan, Robert A. Guerrero, Commonwealth Election Commission. (Court Reporter PAG) (TPM) (Entered: 04/28/2014)	April 24, 2014	April 24, 2014 PACER
	Motions Taken Under Advisement: 4 Motion for Summary Judgment, 10 Cross MOTION for Summary Judgment . (TPM)	April 24, 2014	April 24, 2014 PACER
15	MEMORANDUM DECISION and ORDER Granting In Part and Denying In Part Plaintiff's Motion and Defendant's Cross Motion for Summary Judgment re: 4 and 10 . Signed by Chief Judge Ramona V. Manglona on 05/20/2014. (BTC)	May 20, 2014	May 20, 2014 RECAP
16	BILL OF COSTS PLAINTIFF'S REQUEST FOR COSTS AND FEES by John H Davis, Jr. (Rayphand, Jeanne) (Entered: 05/22/2014)	May 22, 2014	May 22, 2014 PACER
17	RESPONSE filed by Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero re 16 Bill of Costs LR 7.1(c) Statement of No Opposition. (Brasington, Charles) (Entered: 05/30/2014)	May 30, 2014	May 30, 2014 PACER
18	ORDER Awarding Fees and Taxing Costs re 16 . Signed by Chief Judge Ramona V. Manglona on 06/02/2014. (BTC) (Entered: 06/02/2014)	June 2, 2014	June 2, 2014 RECAP
19	ENTRY of Judgment. Signed by Clerk of Court Heather L. Kennedy on 6/2/2014. (TVW) (Entered: 06/02/2014)	June 2, 2014	June 2, 2014 PACER
20	NOTICE OF APPEAL as to 15 Memorandum Decision and Order Granting in Part and Denying in Part Plaintiff's Motion and Defendant's Cross Motion for Summary Judgment. Filing fee $ 505, receipt number MPX1-0003259. (TVW) (Entered: 06/05/2014)	June 5, 2014	June 5, 2014 RECAP
21	TRANSCRIPT Designation and Ordering Form (DPB ) (Entered: 06/20/2014)	June 20, 2014	June 20, 2014 PACER
22	TRANSCRIPT of Motion for Summary Judgment/Cross Motion for Summary Judgment Proceedings held on 04/24/2014 before Judge Chief Judge, Ramona V. Manglona. Court Reporter: PAG. Pursuant to Judicial Conference Policy, this transcript will be available for inspection and review at the office of the Clerk of Court for a 90 day period, beginning from the date of filing. If you would like a copy of the transcript during the 90 day period it will be available for purchase from the court reporter. After 90 days this transcript will be remotely available to the public through PACER. (BTC) (Entered: 07/25/2014)	July 25, 2014	July 25, 2014 PACER
23	UNITED STATES Court of Appeals For The Ninth Circuit ORDER (DPB ) (Entered: 10/15/2014)	Oct. 14, 2014	Oct. 14, 2014 RECAP
	Set/Reset Hearings	Oct. 15, 2014	Oct. 15, 2014 PACER
24	Emergency MOTION to Expedite Briefing & Hearing of Defendant's Motion to Sequester Ballots Pending Appeal Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Attachments: # 1 Exhibit Stipulation of Parties) (Brasington, Charles) (Entered: 10/15/2014)	Oct. 15, 2014	Oct. 15, 2014 PACER
	Set/Reset Hearings: re 25 Order on Motion to Expedite Motion Hearing set for 10/29/2014 02:00 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)	Oct. 15, 2014	Oct. 15, 2014 PACER
25	ORDER Granting Motion to Expedite and Setting Briefing Schedule and Hearing re: 24 Motion to Expedite. Signed by Chief Judge Ramona V. Manglona on 10/15/2014. (BTC) (Entered: 10/15/2014)	Oct. 15, 2014	Oct. 15, 2014 PACER
26	MOTION for Preliminary Injunction Pending Appeal Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Attachments: # 1 Notice of Motion, # 2 Affidavit Declaration of R. Guerrero, # 3 Affidavit Declaration of Counsel) (Brasington, Charles) (Entered: 10/15/2014) 1 Notice of Motion View on PACER 2 Affidavit Declaration of R. Guerrero View on RECAP 3 Affidavit Declaration of Counsel View on RECAP	Oct. 15, 2014	Oct. 15, 2014 RECAP
	Reset Hearings: re Set/Reset Hearings Motion Hearing set for 10/29/2014 at 2:00 PM is re-set to 10/29/2014 at 02:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)	Oct. 15, 2014	Oct. 15, 2014 PACER
	Reset Hearings: re Set/Reset Hearings Motion Hearing set for 10/29/2014 at 2:30PM is re-set to 10/27/2014 at 01:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)	Oct. 17, 2014	Oct. 17, 2014 PACER
	Set/Reset Hearings	Oct. 17, 2014	Oct. 17, 2014 PACER
27	PLAINTIFF'S OPPOSITION To Motion for Sequestration of Ballots Pending Appeal re 26 MOTION for Preliminary Injunction Pending Appeal filed by John H Davis, Jr. (BTC) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 RECAP
	Motions Taken Under Advisement	Oct. 27, 2014	Oct. 27, 2014 PACER
	Motion Taken Under Advisement: 26 Motion for Sequestration of Ballots Pending Appeal, filed by Defendants. (TPM)	Oct. 27, 2014	Oct. 27, 2014 PACER
	Order on Motion for Preliminary Injunction	Oct. 27, 2014	Oct. 27, 2014 PACER
28	Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Motion Hearing held on 10/27/2014 re 26 Motion for Sequestration of Ballots Pending Appeal filed by Eloy S. Inos, Frances M. Sablan, Robert A. Guerrero, Commonwealth Election Commission. (Attachments: # 1 Exhibit and Witness List) (Court Reporter FTR) (TPM) (Entered: 10/27/2014)	Oct. 27, 2014	Oct. 27, 2014 PACER
29	DECISION and ORDER Denying Defendants' Motion for Sequestration of Ballots Pending Appeal. Signed by Chief Judge Ramona V. Manglona on 10/27/2014. (TVW)	Oct. 27, 2014	Oct. 27, 2014 RECAP
	Terminate Motion: 26 Motion for Sequestration of Ballots Pending Appeal. (TPM)	Oct. 27, 2014	Oct. 27, 2014 PACER
30	USCA OPINION of United States Court of Appeals re 20 Notice of Appeal (BTC) (Entered: 12/28/2016)	Dec. 28, 2016	Dec. 28, 2016 RECAP
31	ORDER of United States Court of Appeals re 20 Notice of Appeal filed by Eloy S. Inos, Frances M. Sablan, Robert A. Guerrero, Commonwealth Election Commission (BTC) (Entered: 02/28/2017)	Feb. 27, 2017	Feb. 27, 2017 RECAP
32	MANDATE of United States Court of Appeals re 20 Notice of Appeal. (FPA) (Entered: 03/08/2017)	March 7, 2017	March 7, 2017 RECAP
	Order on Motion for Preliminary Injunction	April 11, 2017	April 11, 2017 PACER
	Order on Motion for Order	April 11, 2017	April 11, 2017 PACER
	Order on Motion for Order	April 11, 2017	April 11, 2017 PACER