Commonwealth Constitution: Article III
EXECUTIVE BRANCH
Section 1: Executive Power. The executive power of the Commonwealth shall be vested in a governor who shall be responsible for the faithful execution of the laws.
Source: Original provision, unaltered (ratified 1977, effective 1978).
Section 2: Qualifications of the Governor. The governor shall be qualified to vote in the Commonwealth, at least thirty-five years of age, and a resident and domiciliary of the Commonwealth for at least ten years immediately preceding the date on which the governor takes office. A different period of residence and domicile may be provided by law. No person convicted of a felony in the Commonwealth or in any area under the jurisdiction of the United States may be eligible for this office unless a full pardon has been granted.
Source: Original provision (ratified 1977, effective 1978); amended by Second Const. Conv. Amend. 11 (1985).
Section 3: Lieutenant Governor. The lieutenant governor shall have the same qualifications as required for the office of governor and shall perform those duties specified in this article and those assigned by the governor or provided by law. Whenever the office of lieutenant governor is vacant, the governor shall appoint a successor with the advice and consent of the senate.
Source: Original provision, unaltered (ratified 1977, effective 1978).
Section 4: Joint Election of the Governor and Lieutenant Governor. The governor and lieutenant governor shall be elected at large within the Commonwealth for a term of office of four years. The governor and lieutenant governor shall be elected jointly with each voter casting a single vote applicable to both offices. After the Commonwealth Election Commission certifies the results of a general election and if no candidates receive more than one half of the total votes cast and counted for the offices of the governor and lieutenant governor, on the fourteenth day thereafter, a runoff election shall be held between the candidates for governor and the lieutenant governor receiving the highest and second highest number of votes cast and counted for those offices. Runoff election procedures shall be provided by law. No person may be elected governor more than twice.
Section 5: Compensation. The governor shall receive an annual salary of twenty thousand dollars and the lieutenant governor an annual salary of eighteen thousand dollars. Both shall receive reasonable allowances for expenses provided by law. Upon the recommendation of the advisory commission on compensation provided for by article II, section 10, the legislature may change the salary of the governor or lieutenant governor. Neither salary may be changed during a term of office.
Source: Original provision, unaltered (ratified 1977, effective 1978).
Section 6: Other Government Employment. The governor or lieutenant governor may not serve in another Commonwealth position or receive compensation for performance of official duties or from any governmental body except as provided by Section 5.
Case Annotations: Govendo v. Marianas Pub. Land Corp., 2 N.M.I. 482--495, 496.
Section 7: Succession to the Governorship and Lieutenant Governorship. In case of the removal, death, or resignation of the governor, the lieutenant governor shall become governor and the president of the senate shall become lieutenant governor. If the offices of governor and lieutenant governor are both vacant, the president of the senate shall become acting governor and the speaker of the house shall become acting lieutenant governor. An acting governor or lieutenant governor who assumes office when more than one year remains in the term may serve only until a governor or lieutenant governor is chosen in a special election provided by law.
Source: Original provision (ratified 1977, effective 1978); amended by Second Const. Conv. Amend. 13 (1985).
Section 8: Absence or Disability of the Governor.
a) When the governor is physically absent from the Commonwealth, the lieutenant governor shall be acting governor. If the lieutenant governor is also absent or is otherwise unavailable, the presiding officer of the senate shall be acting governor.
b) When the governor is unable to discharge the duties of the office by reason of physical or mental disability, the lieutenant governor shall be acting governor. If the lieutenant governor is unavailable, the presiding officer of the senate shall be acting governor. If the person next in succession to the governor has reason to believe that the governor is unable to discharge the duties of the office, that person shall file a petition to declare a vacancy with the Commonwealth appeals court or the United States District Court if no Commonwealth appeals court has been created under article IV, section 3. The court has original and exclusive jurisdiction to determine all questions regarding the disability of the governor and the existence of a vacancy in the office of governor.
Source: Original provision, unaltered (ratified 1977, effective 1978).
There is in the Commonwealth government an Office of the Attorney General to be headed by an attorney general. The Office of the Attorney General is established as an independent agency within the executive branch of the Commonwealth government. The attorney general shall be elected at large within the Commonwealth for a term of office of four years. The Attorney General shall be the Chief Legal Officer of the Commonwealth government and shall be responsible for providing legal advice to the governor and executive departments (including public corporations and autonomous agencies), representing the Commonwealth in all legal matters, and prosecuting violations of Commonwealth law.
(a) The attorney general shall be at least thirty-five years of age, be a U.S. citizen and a resident and domiciliary of the Commonwealth for at least five years immediately preceding the date on which the attorney general takes office.
(b) The attorney general shall have been admitted to the practice of law in the Commonwealth for at least the five years preceding the date on which the attorney general takes office and shall not have been suspended from the practice of law in any jurisdiction of the United States for violation of ethical rules governing the practice of attorneys.
(c) No person convicted of a felony or a crime of moral turpitude in the Commonwealth or in any area under the jurisdiction of the United States may be eligible for this office.
(d) Elections for attorney general shall be nonpartisan, and candidates shall not declare any party affiliation. The legislature may enact laws to ensure the nonpartisan nature of elections for attorney general.
(e) After the Commonwealth Election Commission certifies the results of an election for attorney general, if no candidate receive more than one half of the total votes cast for attorney general, on the fourteenth day thereafter, a runoff election shall be held between the candidates for attorney general receiving the highest and second highest number of votes cast for that office. Runoff election procedures shall be provided by law.
(f) The attorney general shall receive a salary of one hundred thirty thousand dollars per year. Upon the recommendation of the advisory commission on compensation provided for by Article II, Section 10, of this Constitution, the legislature may change the salary of the attorney general, except that the salary of the attorney general may not be changed during a term of office.
(g) The attorney general may not serve in another Commonwealth position, or on any commission or board, and may not receive compensation for performance of official duties or from any governmental body except as provided by this Section.
(h) The attorney general is subject to impeachment as provided in article II, section 8, of this Constitution for treason, commission of a felony or crime of moral turpitude, corruption, or neglect of duty.
(i) If the office of attorney general becomes vacant, the governor shall fill the vacancy by appointing the unsuccessful candidate for the office in the last election who received the largest number of votes and is willing to serve. If no candidate is available, the governor shall appoint a person qualified for the office of attorney general with the advice and consent of the Senate. The attorney general appointed pursuant to this provision shall serve until the next general election.
Transitional provision. The provisions of this section on the day before the effective date of this initiative shall remain in force until the next general election and until an elected attorney general is elected and qualified.
Prior to the 2012 amendment, this section read:
The governor shall appoint an Attorney General with the advice and consent of the Senate. The Attorney General shall be a resident and a domiciliary of the Commonwealth of the Northern Mariana Islands for at least three years immediately preceding the date on which the Attorney General is confirmed. The Attorney General shall be responsible for providing legal advice to the governor and executive departments, representing the Commonwealth in all legal matters, and prosecuting violations of Commonwealth law.
Case Annotations: Palacios v. Yumul, 2012 MP 12; Liu v. Commonwealth, 2006 MP 5; Commonwealth v. Superior Ct. (Ada), 2004 MP 14; Commonwealth v. Repeki, 2004 MP 8.
Section 18: Executive Assistant for Carolinian Affairs.
a) The governor shall appoint an executive assistant for Carolinian affairs who is acceptable to the Carolinian community within the Commonwealth.
b) The executive assistant shall be a member of the governor's council created under article VI, section 5, and shall advise the governor on matters affecting persons of Carolinian descent within the Commonwealth.
c) The executive assistant shall review the application of government policies to and the availability and quality of government services for persons of Carolinian descent and may report findings or recommendations on these matters to the governor.
d) The executive assistant may investigate complaints and conduct public hearings regarding matters affecting persons of Carolinian descent. The executive assistant may report findings or recommendations on these matters to the governor.
e) The executive assistant may recommend items for inclusion in the proposed annual budget, review the budget before its submission by the governor to the legislature, and recommend amendments to the budget relating to matters affecting persons of Carolinian descent.
f) The executive assistant may at any time require information in writing or otherwise with respect to matters affecting persons of Carolinian descent from the officers of any administrative department, office or agency of the Commonwealth.
g) The annual salary of the Executive Assistant for Carolinian Affairs may not be less than the annual salary of a head of an executive department.
Source: Original provision (ratified 1977, effective 1978); amended by Second Const. Conv. Amend. 18
(1985).