REPUBLICAN Governor-elect Eddie Calvo and Lt. Governor-elect Ray Tenorios 19,875 votes met the 50 percent plus 1 requirement to avoid a runoff election but the losing Democratic Party may seek legal action to challenge their victory.
Former Governor Carl T.C. Gutierrez and Sen. Frank Aguon, Jr. of the Democratic Party have yet to concede. The two got 19,292 votes or 48.90 percent of the ballots cast.
A total of 583 votes separate the two opposing gubernatorial teams.
The Guam Election Commission board chose to push back its supposed meeting yesterday for tomorrow at 4 p.m. to choose on whether or not it will certify the general elections results or settle for a ballot recount.
GEC Executive Director John Blas there was no quorum and acting chairperson Alice Taijeron had fallen ill.
Vince Arriola, representative for the Gutierrez/Aguon campaign, confirmed with the Variety that they are seeking a recount.
œOn behalf of the party, yes. Well formalize it and make our case which we believe we have very strong case and well take it from there, said Arriola.
But, Tom Fisher, legal counsel for the Calvo-Tenorio campaign, denied knowing about that go and doesnt reckon its necessary.
œI reckon the people of Guam have spoken. I dont reckon a recount is necessary, he said.
The Democratic Party held a meeting yesterday to discuss post-election plans.
œUn Dangkulu Na Si Yuuse Maase, Maraming, Maraming Salamat Po, and thank you very, very much to the 19,000-plus people who went to the polls in support of the Gutierrez-Aguon team in Tuesdays historic General Election, its statement reads.
œAs of this time the outcome of the balloting is before the Guam Election Commission, which has many issues to consider as it reviews the initial results of yesterdays balloting. The Gutierrez-Aguon campaign will have no further comment at this time, It added.
The teams legal advisor, former Senator Randy Cunliffe, also shared that he has yet to discuss any election results issues with the team.œI have no thought what is going on at this point and I havent discussed anything with them, Cunliffe said and stressed that he is working on a separate case that doesnt involve the Gutierrez-Aguon team.
When questioned if he anticipates any legal action on behalf of the Gutierrez-Aguon team, he said: œIm busy working on this appeal and thats what Im doing today, Cunliffe said.
Second time
This would be the second time Gutierrez would resort to recount of votes during a gubernatorial election.
He did the same in 1998 when he sought for a second term, recalled GEC board member Joe Mesa and former board chairman Joey Duenas.
At that time, Gutierrez was running with Madeleine Bordallo against former Governor Joe Ada, who happened to be running with Felix Camacho.
According to a court document obtained by the Variety, a complaint was filed by the Ada/Camacho camp claiming the Democratic team didnt meet the required percentage of 50 plus 1 as indicated in the Organic Act.
Documents stated that Gutierrez/Bordallo received 24,250 votes while Ada/Camacho garnered only 21,200 for Ada. As well, there were 1,294 write-in candidates and approximately 1,313 people who cast ballots but did not vote for either party while 609 voted for both sides.
œThe total number of ballots cast in the general election was thus 48,666, and the Gutierrez slates votes represented 49.83 percent of that total. The Guam Election Commission certified the Gutierrez slate as the winner, finding it had received 51.21 percent of the vote, as calculated by deducting the 1,313 ballots left blank as to the gubernatorial election from the total number of ballots cast. 179 F.3d, at 675, the court document stated.
œRespondents Ada and Camacho sued in the United States District Court for a writ of mandamus ordering a runoff election, contending that Gutierrez and Bordallo had not received a majority of the votes cast, as required by the Organic Act of Guam.
The case went as far as the 9th Circuit of Appeals, which ruled in favor of Ada/Camacho.
But the U.S. Supreme Court reversed the appellate courts choice in favor of Gutierrez/Bordallo.
Duenas also cited the 2006 election wherein Senator Ben Pangelinan was fighting for the 15th slot with former Senator Joanne Brown.
Duenas said the voting margin between the two law makers were so close that the commission finished up hand counting the ballots.
œThe recount went through and it changed, so this (recount) is extremely vital, he said referring to this mornings election results.
There was also a recount of ballots for the Tamuning Vice-Mayor position between Louise Rivera and Joshua Mafnas back in 2004. Rivera finished up being the winner of that particular race.
œI had my ballots recounted three times, she said adding that the third time it was recounted in court because Mafnas was not satisfied with the recount done at the GEC.
Article source: http://mvguam.com/index.php?option=com_content&view=article&id=15162:-dems-not-conceding-yet&catid=1:guam-local-news&Itemid=61
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