BREAKING NEWS: Justice Department Sues Guam Election Commission: Overseas Citizens Must Have Right To Vote!

By Jeff Marchesseault and Baldo Besich from GuamNewsWatch.com

GUAM - Last week the U.S. Attorney General promised to sue Guam over election law violations. And now it comes to pass. The Department of Justice filed their complaint today in the U.S. District Court of Guam following news that the Guam Election Commission had failed to deliver timely ballots to overseas service members and citizens who are registered to vote on island.

Nevertheless, the atmosphere has been cooperative.

Last week, News Watch noted that the Guam Election Commission had been working closely with the Justice Department after failing to comply with the Military and Overseas Voter Empowerment (MOVE) Act.

The U.S. Department of Justice was warning the Election Commission that litigation was imminent. This, even though the case would involve as few as 100 votes in an unopposed federal election. The race in question is for Guam's non-voting Delegate, a seat presently held by incumbent candidate and Member of Congress, Madeleine Z. Bordallo - widely considered a shoo-in for reelection.

GEC attorney Rawlen Mantanona told the commission last week that the federal government would petition the court to enforce Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) provisions on Guam. Mantanona broke word to commissioners that a court could decide whether or not they would have to accept late votes in the nonvoting delegate's race.
Nevertheless, the commission voted not to break a conflicting local statute that does not accept votes after election day, even though by doing so they failed to comply with a federal request.
As of last week, the commission was in the process of contacting 83 service members online and over the phone - giving them an option to download email ballots or to wait for paper ballots in the mail.

The arrival of GEC's ballot card stock supply had been delayed - which bottlenecked the timely delivery of federal ballots for the Congressional seat.

To protect GovGuam races, GEC broke ballots into three pages: (1) partisan races for Governor and Legislature, (2) the nonpartisan race for Attorney General, and (3) the federal race for non-voting U.S. Delegate.

Local legal counsel has argued that the the low number of votes in question would not sway the race. But the Justice Department insists that 'the law is the law' and that all states and territories will be taken to court if they do not comply. However, as News Watch explained last week, the court case will not prevent polls from opening November 2nd.

Commissioner Josh Tenorio told News Watch, "we don't expect the local races to be affected by the actions that the Justice Department will be taking against the commission." Throughout its teleconferences over the previous week, the Justice Department never questioned the validity of the upcoming Gubernatorial and Legislative election. Here is the official news release from the U.S. Department of Justice explaining the rationale behind its suit against Guam election officials:

JUSTICE DEPARTMENT ANNOUNCES LAWSUIT TO PROTECT RIGHTS OF MILITARY AND OVERSEAS VOTERS IN GUAM

WASHINGTON – The Justice Department announced today that it has filed a lawsuit against Guam and its election officials seeking emergency relief to help ensure that military service members and other U.S. citizens living overseas have the opportunity to participate fully in the Nov. 2, 2010, federal general election.

The lawsuit, brought under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), was filed in federal district court in Hagatna, Guam. The department also filed a motion for emergency relief seeking additional time – until Nov. 15, 2010, – for receipt of absentee ballots to ensure eligible military and overseas voters have sufficient time to receive, cast and return their ballots and to have their votes counted. The suit also requests an order requiring Guam officials to take steps to ensure that military and overseas voters have the option of receiving their blank absentee ballots by email.

"Our uniformed service members and other overseas citizens deserve a meaningful opportunity to participate in the elections of our nation's leaders," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "This suit seeks both immediate and permanent relief to ensure that Guam's military and overseas voters, many of whom are members of our armed forces and their families serving our country around the world, will have their votes counted in the upcoming, and future, federal elections."

UOCAVA requires states to allow uniformed service voters (serving both overseas and within the United States) and their families and overseas citizens to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made broad amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to voters covered under UOCAVA, by mail or electronically at the voter's option, no later than 45 days before federal elections.

The action was necessary because Guam failed to mail ballots to its military and overseas citizens until between Sept. 27, 2010, and Oct. 1, 2010, well beyond UOCAVA's deadline of Sept. 18, 2010, the 45th day before this year's general election. Guam also did not timely establish procedures to offer voters the option of receiving their ballots electronically. The requested extension of the deadline for counting UOCAVA ballots will ensure military and overseas voters have a 45-day period to receive, mark and return their ballots.

More information about UOCAVA and other federal voting laws is available on the Department of Justice website at www.usdoj.gov/crt/voting/misc/activ_uoc.htm. Complaints may be reported to the Voting Section of the Justice Department's Civil Rights Division at 1-800-253-3931 .

Governor: Vote on Nov. 2 Over 4,150 ballots spoiled

Governor: Vote on Nov. 2 Over 4,150 ballots spoiled

TUESDAY, 07 SEPTEMBER 2010 04:00 BY ZITA Y. TAITANO | VARIETY NEWS STAFF

GOVERNOR Felix Camacho says the low voter turnout during last Saturday’s primary is disappointing and that this should not be the case when the island observes its general elections this Nov. 2.

“My advice is to those who didn’t vote. You don’t have the right to complain. You can make a difference and if you missed the primary make sure you register for the general (elections) because this is going to be an extremely important period in the history of our island,” said the governor who is scheduled to leave his office after serving for a term of eight years.

Only 29,135 or over 58 percent of Guam’s 50,033 registered voters cast their votes during the Sept. 4 primary and a significant number of their ballots were considered spoiled.

Camacho said Guam’s electorate should seriously get involved in this year’s election because of its huge impact on their future.

“I’ve done a lot of work in my time to set up for the buildup, to lay the foundation of work and there’s so much going on that whoever takes over is going to be involved in the implementation and it’s critical that the island selects the right leader. Make your voice count and be part of the process,” he further said.

According to the Guam Election Commission, the spoiled/crossover ballots totaled 4,150.

Camacho said it’s unfortunate that there’s that many spoiled ballots.

Speaker Judith Won Pat said there were some contributing factors for the low turnout, including the weather.

“A lot of people come out at the last minute and we normally see that at the polls and candidates merge in one area because there is so much going on. We noticed that didn’t happen this time because the rain discouraged a lot of people,” she said.

Another factor she said was the fact that the Democratic Party has only one team for the gubernatorial race compared to the GOP’s two.

“It really was more on the Republican side because that’s where the real contest was at and all the time we know there are more Democratic votes than Republican votes, but because it’s a Republican gubernatorial primary, that’s where the numbers were,” she added. “(Also) I think what helped the numbers really are the Democratic votes from those that went and voted on the Republican side.”

As for the spoiled ballots, Won Pat believes the election commission needs to reassess the information on the ballot and change the format.

“Somehow the message is not getting out to the people that the primary election is really a process to eliminate candidates who are going to the general election. It has to be made clear that residents have to vote for one party only,” she said.

Senator Rory Respicio thinks the fact that there’s only one candidate for the U.S. delegate race—Congresswoman Madeleine Bordallo of the Democratic Party--may have confused voters

“That’s always what we’ve seen in the past,” said Respicio. “The Guam Election Commission is going to have to figure what we can do by law to prevent these spoiled ballots.”

Senator Judith Guthertz, who came in number six in the Democrat senatorial race, felt residents, especially Democrats, are waiting for the general elections to come out and vote.

“I’m looking forward to the general elections and it will be exciting; particularly the gubernatorial because it’s going to be exciting. You have two prominent teams who are going to be visible,” she said.

Also surprised at the low turnout was attorney general candidate Lenny Rapadas.

“Maybe some of these people didn’t vote and they assumed that I’m going to do well. I want to call those people out and make sure that if they didn’t vote, they should come out. And the people who didn’t vote for me, I’d like to talk to them and find out what I can do to change their mind,” Rapadas said.

GEC Gets Eviction Notice as Over 48,000 Prepare to Vote

GEC gets eviction notice as over 48,000 prepare to vote

Friday, 03, September 2010 By Zita Y. Taitaino from mvariety.com

MORE than 48,000 registered voters on Guam are expected to head to the polls tomorrow for the primary election where 38 candidates are vying for 15 seats in the Legislature and two teams competing for the Republican Party’s endorsement for the gubernatorial race.

They will also choose Guam’s next attorney general and delegate to the U.S. Congress.

But GEC, which will count the votes at the University of Guam, is in for trouble after its landlord served it an eviction notice 48 hours before the election is held.

Guam Capital Investment Corp., which rents the building to GEC, demanded that it “vacate, quit and surrender the premises in good order, condition and repair, except for reasonable wear and tear.”

According to GCIC President Steffen Niu, GEC failed to pay the proper amount due for September in the amount of $534.58 as a holdover amount due.

“GCIC has the right to cash the check $12,297.34 without prejudice to collecting the shortage of $534.58 and without reinstatement of the lease. The termination is not withdrawn by the cashing of the said check and GEC must vacate the premises immediately,” Niu wrote to GEC Executive Director John F. Blas.

GEC rents GCIC’s property at $6,148.67 a month, inclusive of common area and other charges.

A complaint for unlawful detainer after default in payment of rent was also filed in the Superior Court by the law firm of Calvo & Clark, LLP.

The Democratic Party’s standard bearers, former Governor Carl T.C. Gutierrez and his running mate incumbent Sen. Frank B. Aguon Jr., are unopposed.

Congresswoman Madeleine Bordallo, a Democrat, who is seeking another term as the territory’s nonvoting delegate to the U.S. House of Representatives, is also running unopposed.

Guam Election Commission Executive Director John Blas said the polling places will open at 7 a.m. and close at 8 p.m.

Their records show, 48,511 registered to vote for this general elections.

Blas said he’s expecting a voters’ turnout of up to 75 percent.

Close to 3,000 registered voters already cast their votes at GEC through the early in-house voting program.

“I would say we are above 2,600 people in terms of early voting. I’m led to believe voters will come out to the polls. It’s difficult for me to give a percentage but I’m under the impression we’ll have a good voter turnout,” he said.

Residents who vote at the polling sites, however, must vote for one party. If they vote for a Democrat candidate, they must vote on the Democrat side of the ballot. The same goes for the Republican side of the ballot.

On the ballot is the position for governor and lt. governor, Guam delegate to the U.S. House of Representatives, the senatorial race for the 31st Guam Legislature, the position of vice mayor for the village of Agat, and the Attorney General of Guam.

Running on the Republican ticket in the gubernatorial race are Senators Eddie Calvo and Ray Tenorio for governor and lt. governor, respectively.

They are up against Lt. Governor Mike Cruz and Senator James Espaldon.

In the race, for Attorney General are former Guam U.S. Attorney Lenny Rapadas, assistant attorney general William Bischoff, and private attorney Gary Gumataotao.

The Democratic Party fielded 19 candidates for the senatorial race and so did the GOP.

Vying for the Agat Vice Mayor race is Derick Baza Hills, Joe Salas, and incumbent Vice Mayor Augustin Quintanilla.

Blas said GEC will still allow voters in line even if the polls close at 8 p.m.

“If there are still voters still in line, a precinct official will stand at the end of the line, and the person standing in front of the official will be considered the last voter when the inspector announces the polls are closed,” Blas explained.

In the meantime, Blas said the election board meets today at the University of Guam Field House to test the four tabulating machines for Saturday night when the precinct officials arrive with the ballot boxes.

Counting is expected to start at around 9 p.m. and unofficial results are expected to start coming out about an hour later. The final unofficial results may be completed early in the morning at around 2 a.m.

With reports by Janela Buhain