GEC files motion to dismiss civil rights lawsuit

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The Guam Election Commission has filed a motion to dismiss the complaint against them
which alleges that they violated the Constitutional and Organic rights of Sedfrey Linsangan.

Guam – Sedfrey Linsangan filed a lawsuit in District Court alleging that his 14th amendment rights were violated when the the Guam Election Commission required him to have a running mate for the gubernatorial primary election. Further alleging that the GEC was practicing inequality by requiring that he obtain 500 signatures on the nomination petitions, a task he says is not required by candidates running for other elected offices such as the Public Auditor, Attorney General and Consolidated Commission on Utilities.

However the GEC disagrees and argues that Linsangan’s claims are without merit. In the motion to dismiss, the GEC states that the plaintiff lacks standing and the court does not have the subject matter jurisdiction over these claims, further arguing that Linsangan is going after the wrong party.

According to the GEC, Linsangan is “not new to the election process on Guam as he has entered the Guam election races in prior years and is well aware of the requirements to run for elected office. Nonetheless, Plaintiff failed to allege any injury that this court can address.”

The GEC states that official election packets for the 2018 election will not be issued until January 2018. Thus,his claims are “merely hypothetical and thus no injury can result.”

The motion further states that even if the Linsangan is “allowed to amend his complaint to join the proper defendant and provide evidence of standing and subject matter jurisdiction over his claim, there just is no evidence that he has a valid legal claim as he has not shown that he is a member of an identifiable class or that the GEC has purposefully and intentionally discriminated against him.”

SOURCEJolene Toves
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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.