Keli: ‘Justice prevailed’ as court affirms Northern Islands mayor candidacy

Northern Islands mayoral candidate Keli Tenorio said “justice prevailed” after the Superior Court affirmed her eligibility to run for mayor, ending for now a residency challenge by incumbent Mayor Valentino Taisacan just a week before the Nov. 3 general elections.

“I’m so very happy that justice prevailed in this case,” Tenorio told Marianas Press after the Oct. 27 ruling. “And I hope that no one can use that argument in the next elections.”

Associate Judge Lillian Ada Tenorio affirmed the Commonwealth Election Commission’s certification of Keli Tenorio, finding that the commission did not act arbitrarily or capriciously and that its decision was supported by substantial evidence.

Tenorio said the legal challenge behind her, the decision now belongs to Northern Islands voters.

“But we will go to the next step, and that would be the voters will now decide whether it’s gonna be Val, Mayor Val Taisacan, or whether it’s gonna be Keli Tenorio,” she said.

Attorney Michael Dotts, who represented Tenorio, said the ruling was not unexpected based on the evidence considered by CEC.

“The decision comes as no surprise as it was clear that Keli was qualified to run for Mayor of the Northern Islands, but we are pleased and thankful to the Court,” Dotts said in a statement.

He said the quick resolution was also important for voters who may have been uncertain whether a vote for Tenorio would ultimately count.

“The decision was made quickly and that insures the confidence of the voters that voting for Keli will not be a wasted vote,” Dotts said.

In its eight-page order, the court noted that Tenorio has been voting in the Northern Islands for more than a decade without her right to do so previously being challenged.

The court also pointed to evidence before CEC that Tenorio had established a physical presence on Pagan, including a house she received from former Northern Islands Mayor Tobias Aldan Jr. in 2006, which she has occupied intermittently. Tenorio and her husband also applied for an agricultural homestead in 2019.

The court further noted Tenorio’s testimony that although she is absent from Pagan for extended periods, she returns whenever possible, intends to continue returning, considers Pagan her home, and wishes to be buried there.

CEC voted 4-1 on Aug. 28 to certify Tenorio after two days of hearings on Taisacan’s residency challenge.

Taisacan later asked Superior Court to reverse the commission’s decision and find Tenorio ineligible.

His attorney, Joseph E. Horey, argued during oral arguments last Oct. 23 that Tenorio had not first established the residence and domicile required to qualify as a Northern Islands mayoral candidate and that intent to return alone was insufficient.

CEC counsel Sean Frink defended the commission’s decision, while Dotts argued that CEC’s findings were supported by the record and were entitled to deference.

Judge Tenorio ultimately sided with CEC, finding that its certification was consistent with Commonwealth law and a previous NMI Supreme Court decision holding that permanent physical presence in the Northern Islands is not required to maintain domicile.

The court said the evidence presented to CEC was sufficient under both the arbitrary-and-capricious and substantial-evidence standards.

Dotts credited CEC for standing by its original decision.

“A big thank you goes out to the CEC for hearing the evidence, making the right decision quickly, and standing up for their decision before the Court,” he said.

Dotts added that with the eligibility question resolved by the Superior Court, the mayoral race now returns to the electorate.

“Despite Mayor Taisacan’s efforts to deny voters a choice, who will be the next mayor of the Northern Islands is now up to the people,” Dotts said.

The latter characterization is Dotts’ own assessment. Taisacan had maintained throughout the court proceedings that his challenge concerned whether Tenorio met the legal residency and domicile requirements for the office.

Tenorio, meanwhile, thanked Judge Tenorio and Dotts and said the challenge had taken a personal toll.

“Well, I have had many sleepless nights,” she said.

She urged Northern Islands voters to turn out on Nov. 3.

“Please come out and vote from your heart,” Tenorio said.

The Oct. 27 order leaves CEC’s certification intact, allowing Tenorio and Taisacan to face voters in the Northern Islands mayoral race.