2010 election challenge heard in court - KUAM.com-KUAM News: On Air. Online. On Demand.

2010 election challenge heard in court

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by Ken Quintanilla

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.

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