Gutierrez’s Attorney David Lujan Questions Appointments of 4 GEC Board Members

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Guam – Attorney David Lujan is questioning whether 4 members of the Guam Election Commission [GEC] have been legitimately appointed to their positions, and if not, he argues, there has been “no certification of the results.”

As PNC News first reported on Tuesday, the appointed terms of  2 GEC members expired prior to the November 2ed General Election, Martha Ruth and Joe Mesa. The expiration of their terms prior to the election raises raising questions about the votes and actions they have taken since and the impact that may have on the outcome.

However, in a “Statement of Objection” filed Tuesday by Attorney Lujan seeking the recusal of  Superior Court Judge Vern Perez  in the Gutierrez election lawsuit, Lujan writes “four of the Guam Election Commission member defendants were apparently improperly appointed or reappointed by Governor Camacho to act as Commissioner.”

Lujan names not only Ruth and Mesa, but Robert Cruz and Chairperson John Taitano, the 3 republicans and the 1 independent on the Commission.

GEC Board Members:

1. CHAIRMAN – John Taitano  – Republican

2. JOE MESA  – Republican

3. MARTHA RUTH – Republican

4. BOB CRUZ  – Independent

5. VICE CHAIR – Alice Taijeron  – Democrat

6. JOSH TENORIO – Democrat

7. JOHN TERLAJE – Democrat

Lujan states that “Plaintiffs have acquired this information within the last 48 hours and are investigating to gather more information with the intention of asserting this as an additional ground for challenging the validity of the election and recount and the results thereof.”

He goes onto argue that “if true that any of these persons were not properly appointed/re-appointed to the GEC, any act taken by the GEC with their participation would be viewed as ultra vires, exceeding the scope of the “Commissioners” and the GEC’s authority.

And the finally, he states, “If as Plaintiffs believe, all three [Ruth, Mesa and Cruz] were not properly members of the GEC at that time, there could be no certification of the results … Further, that would have left only three confirmed members of the GEC on November 2, November 6, and November 9 … which does not satisfy the statutory requirements for a quorum, as four valid members would need to be present.”