Guam – The Gutierrez/Aguon team has filed with the Guam supreme court to have the 2010 general election results de-certified. Today attorneys for Gutierrez/Aguon, Calvo/Tenorio and the Guam Election Commission were in court for the first hearing in this newest suit.
The latest lawsuit against the Guam Election Commission seeks to have the results of the general election de-certified on the basis that none of the 7 members of the GEC had been legally appointed.
Gutierrez/Aguon attorney’s David Lujan and Ike Aguigui also included in their filing a motion to expedite the entire case. “the court has set some preliminary deadlines also on an expedited basis have required positions to be filed by tomorrow morning replies to be filed by noon and the courts also setting a hearing on the motion to expedite at four p.m so we also hope to have a decision on whether or not this is expedited before the holidays,” explained Aguigui.
So why are they asking for the supreme court to speed up the process? Aguigui said, “Well basically this is a matter of a great public importance there’s a certification that we’re seeking a challenge and there is an inauguration that’s set to occur soon after the new year.” PNC asked, “Your attempt is to try to have it resolved before the inauguration?”, to which Aguigui replied, “that’s what we’re asking the court to do.”
If they are granted an expedited hearing schedule and if they are successful in their petition the Gutierrez/Aguon team would in effect spoil the Calvo/Tenorio inauguration. Without certified election results the Republican team can’t be inaugurated. However, Calvo/Tenorio Attorney Mike Phillips points out that this still doesn’t change the results of the election. “It’s very important to note that they’re only asking that the Nov. 6th certification be set aside they’re not asking to topple an election,” said Phillips adding, “They’re not alleging that any of the other acts that the members have committed over the many years and maybe without authority be set aside it’s one issue it’s Nov. 6th.”
The Gutierrez/Aguon team are only asking to de-certify the gubernatorial results but if they are de-certified Phillips believes they would have to de-certify the results of all the other racesincluding the congresswoman, the legislature and even the retention of some judges. However, Phillips points out again that it doesn’t mean that the election results were wrong it just means that the members of the GEC weren’t officially appointed properly. “It doesn’t change the election results it just means that someone else has to do it,” said Phillips.
Only justices Katherine Maraman and Robert Torres presided over today’s hearing because justice Phillip Carbullido recused himself citing a conflict of interest. Justice Demapan from the CNMI is being flown in to sit as the third justice.
At 3pm today both sides submitted statements of non-objections to the three justices who will be presiding over the case. The next hearing is scheduled for tomorrow at 3p.m.