Guam – While the Supreme Court of Guam deliberates over whether or not to de-certify the gubernatorial election and stop the inauguration of the Calvo/Tenorio team, there is yet another complaint that could potentially lead to another separate lawsuit challenging the certification of the election. This new complaint alleges another technicality that could potentially render the GEC’s actions void.
Carlo Branch has filed a complaint with the attorney general’s office alleging a violation of the open
government law by the Guam Election Commission. Branch alleges that the GEC has failed to follow the directives of the open government law when informing the public of it’s board meetings. “Under our laws specifically the open government statute you must provide a five day notice to the public
a two day notice to the public and every single public notice must in accordance with the American Disabilities Act (A.D.A.) provide the name of the A.D.A. coordinator for that agency the place a person with a disability can go for accommodations and a number that he or she can contact,” explained Branch.
He adds that based on the research that he has done the 48 hour notices weren’t issued for any of the board meetings and none of the notices for meetings in 2010 complied with the A.D.A. standards that are required by law. Because of this Branch has filed a complaint with the A.G.’s office asking them to look into it and has not received a response for more than a week. Branch said, “If for some reason the attorney general fails to act i’m of course considering a citizen lawsuit to compel him to act in this matter.”
He believes that this violation of the open government law is enough to void the actions of the GEC
stretching back for months. “Under the open government law if any provision is violated that meeting is void we know this because the Department of Education recently had a board meeting invalidated and the actions punishing the superintendent invalidated for the same reason,” explained Branch adding, “if it applies to Dr. Underwood then it should apply to John Blas and the election commission.”
Branch says that this could invalidate all of the actions of the GEC for several of their meetings including potentially the meeting where the election results were certified.