Guam – The Supreme court heard arguments today on the motion to grant an expedited hearing in the Guttierez/Aguon suit to have the November gubernatorial general election De-certified.
The request for de-certification is based on the allegation that none of the members of the Guam Election Commission were legally appointed during the time of the certification. Gutierrez/Aguon attorney Ike Aguigui argued that an expedited hearing is necessary because this case is a matter of great public importance because of the impending inauguration that is slated for January 3rd. He also pointed to a section in the organic act that essentially says a governor is to remain seated until a new one is elected and qualified. “The Governor and Lt. Governor shall hold office for a term of four years and until their successors are elected and qualified.”
Aguigui argued that the successors have not been qualified because they weren’t properly certified by a properly appointed GEC board and thus this is a matter of great public importance because their successors are slated for inauguration on January 3rd. Calvo/Tenorio attorney Mike Phillips on the other hand argued that this case is not of sufficient importance because the plaintiffs aren’t asking to change the results of the election. They are according to Phillips instead merely trying to delay an inauguration. “There is a request for the first time in our history maybe for the first time in the history of both the presidency and Guam’s elected governor to have an inauguration stayed. That’s really what’s going on here, it’s a backdoor method to stay an inauguration.”
Meanwhile there are two other election lawsuits filed by the Gutierrez/Aguon team one in the district court and one in the superior court. Those cases allege various types of election fraud and they seek to overturn the election. Today the district court decided to remand it’s election complaint to the Superior Court of Guam.
Chief Justice Robert Torres advised that the supreme court will give it’s decision either later today or early tomorrow morning.