Guam – The Attorney for the Guam Election Commission is disputing claims made in a lawsuit filed Monday on behalf of former Gutierrez staffer Carlo Branch. Caesar Cabot says the lawsuit is just another attempt to overturn the 2010 gubernatorial results.
“Let’s be honest here,” said Cabot, ” Mr. Carlo Branch is trying to upset a Guam election, plain and simple.”
Cabot has not yet received the complaint which was filed in superior court Monday by Attorney Gary Gumataotao.
The complaint alleges a number of instances in which required notices of Guam Election meetings were not given in accordance with the law. The suit charges that would be a violation of the Guam Open Government law and the Americans with Disabilities Act.
Branch, who is himself disabled, told PNC News Monday that he filed the lawsuit to ensure that the GEC follow the law and that his intent was not to overturn the election results.
“Certainly its his prerogative to file,” said Cabot, “but I don’t agree.”
Cabot said he finds it “hard to believe” that Branch would claim proper notice was not given. “During the months of October, November and December Mr. Branch was, I understand, was present at almost every meeting of the GEC. To say that he didn’t receive adequate notice is incredible.”
Cabot maintained that the GEC has consistently followed the requirements of the Open Government law by posting notices of its meetings in advance.
Branch’s lawsuit seeks to have all actions taken by the GEC meeting at all of its meetings since September 15th of last year declared null and void. Cabot said that is not likely to happen.
“Even assuming that his allegations were true, every Board and Agency has the right to ratify … I don’t see this as having the effect of nullifying the election.”