Lawsuit Alleges That All Seven GEC Board Members Weren’t Legally Appointed

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Guam -The Gutierrez-Aguon Campaign has filed a lawsuit in Supreme Court that claims all seven member sof the Guam Election Commission had not been legally appointed at the time the election results were certified.

The civil suit was brought forth on Tuesday by former Governor Carl Gutierrez and Senator Frank Aguon, who ran as the Democratic Party candidates for Governor and Lieutenant Governor.  The lawsuit seeks to void the certification of the 2010 Gubernatorial Election. 

Read the GA vs GEC Brief

Read the Declaration Filed by Carlo Branch

According to a release from Gutierrez Supporter John Ryan the Lawsuit claims the following:

  • The terms of Republican members Joseph Mesa and Martha Ruth expired respectively on September 2, 2008 and October 28, 2010, and no valid reappointment was made for either Commissioner after the expiration of their terms.
  • GEC files have no record of a party resolution for the appointment of the (3rd) third Republican member of the Commission, John Taitano. His previous term expired in 2008.
  • Party Chair Pilar Lujan recommended democratic Commissioners Joshua Tenorio, Alice Taijeron and John Terlaje to the Commission but no formal party resolution was filed to validate their selection, as required by law.
  • The seventh independent member of the GEC, Robert Cruz, was selected for a term that expired October 9, 2009 but no action was ever taken to renew his appointment.

Last month these same seven individuals voted to certify the election results. As a result the lawsuit seeks to the have the certification of the gubernatorial election declared void.

 The lawsuit also stipulates that without lawful appointments to the Commission, neither Cruz, Mesa, Ruth, Taitano, Taijeron, Terlaje, nor Tenorio had any legal authority to act as GEC members and therefore had no authority to certify any election results.

 Given these circumstances, the lawsuit seeks to have the Supreme Court vacate the certification of the results of the 2010 election and to cancel, invalidate, and annul any certificates of election issued by GEC.

 This latest controversy comes of the heels of recent revelations of other irregularities in the 2010 election including missing and unaccounted for ballots, illegal voting, and discrepancies with GEC’s counting of votes, and numerous other problems.