Kingman questions absence of constitutional convention ballot question

Former CNMI Office of the Attorney General special prosecutor James Robert Kingman is questioning why CNMI voters have not been asked whether they want another Constitutional Convention, an issue that started with a Facebook post and later prompted an online exchange with Commonwealth Election Commission chair Jose P. Kiyoshi.

Kingman said the CNMI Constitution requires either the Legislature or governor to ensure that the question is periodically placed before voters.

“The last one was in 2014. It should have been on the ballot in 2024. It does not appear that it will be on the ballot in 2026,” Kingman wrote. “It isn't a policy question. The constitution requires it.”

Marianas Press subsequently asked Kingman about the issue, including whether he believes the question should be placed on the ballot and what could be done if government officials fail to act.

“Yes. Obviously, things a constitution requires should be done,” Kingman replied.

Asked why the question was not placed before voters earlier, Kingman said he did not know.

“I don’t know and I don’t care. It should have been and it was not. That’s all that matters,” he said. “I’ve stopped trying to get into the minds of those who choose not to follow through on their responsibilities.”

Kingman also said government officials who take an oath to uphold the constitution should know what it requires.

“There isn’t going to be some sort of super-government to make sure the government functions as it is required to,” he said. “A good start would be for the people that take an oath to uphold the constitution should know what is in it.”

He added that, in his view, there could be no excuse for failing to place a required question on the ballot.

“Nothing matters at all if a government does not make an effort to comply with its own constitution,” Kingman said. “It’s one thing when an issue is challenging, or impossible, or subject to disagreement. But when it is the matter of typing one sentence before you press print on the ballot once every ten years, there can be no excuse.”

The discussion later continued on Facebook, where Kingman asked Kiyoshi whether the CEC could act on its own or whether it first needed direction from the Legislature or governor.

“I believe it has to come from the CNMI legislature and if they don't act then the governor will do so,” Kiyoshi replied.

Kingman responded that if neither the Legislature nor governor acts, it appeared a court would have to order them to do so. He also said it would be preferable to avoid that route.

Kiyoshi and CEC executive director Kayla S. Igitol Magofna have not responded to Marianas Press’ request for comment as of publication.

The issue centers on the constitutional mechanism allowing CNMI voters to periodically decide whether a convention should be called to consider changes to the Commonwealth Constitution. Kingman maintains that placing the question before voters is a constitutional requirement rather than a matter of policy discretion.