Guam - A motion hearing was
held this morning in Carlo Branch's ongoing lawsuit against the Guam Election
Commission. He was represented in court by Attorney William Pole, while the GEC
was represented by Attorney Cesar Cabot and the Calvo-Tenorio team was
represented by Attorney Mike Phillips.
Branch filed a civil lawsuit following the 2010 general election
asking the court to determine that the GEC failed to follow the law when
it provided public notices for a number
of commission meetings that were held prior to and after the 2010 general
election. Branch also alleges the commission made no arrangements for
individuals with disabilities. In court it wasn't completely clear whether he
was also seeking the 2010 election results be overturned.
Attorneys Cabot and Phillips have filed motions to dismiss on
behalf of their clients. Pole said, "We were making clear to the court is
that while one of the things that we mentioned is voiding the election, that is
not the only relief because it's not an election - we're not trying to void the
election, per se. That's just possible
relief, but making the agency responsible such as fining them by finding that
they have not followed through is also possible relief."
Phillips said, "As you saw in court it doesn't appear they
had a direct answer for the court and I think its apparent because they do want
that to happen and at the same time they recognize under the statutes they're
not allowed for that to happen." Cabot also stated, "I have
everything the court will see this for what it is a frivolous case and the
election challenge, the plaintiff is trying to pretend that this is an election
challenge that is the exact motivation surrounding this case there is a
political agenda behind filing this case."
The court has taken the motion to dismiss under advisement.