California Court of Appeal

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Davis v. Commonwealth Election Comm'n, 14-16090

In an action alleging Article XVIII, section 5(c) of the Commonwealth of Northern Mariana Islands Constitution unconstitutionally limits voting on the basis of race, the district court’s order for summary judgment granting declaratory and injunctive relief to the plaintiff is affirmed where: 1) the section would divide the citizenry of the Commonwealth between Northern Mariana Descent and non Northern Mariana Descent when voting on amendments to a property restriction that affects everyone; and 2) the voter restriction is race based and violates the Fifteenth Amendment.

Appellate Information

  • Decided
  • Published 2016/12/27

Judges

  • THOMAS

Court

  • California Court of Appeal

Counsel