Ken Leon Guerrero's lawsuit scheduled, but not heard - KUAM.com-KUAM News: On Air. Online. On Demand.

Ken Leon Guerrero's lawsuit scheduled, but not heard

Posted: Sep 13, 2018 5:14 PM +10:00 Updated:

A lawsuit by Ken Leon Guerrero to determine if cross-over ballots should be counted was scheduled Thursday before Judge Vern Perez, but not heard. Instead the judge disclosed various family relationships that may present a conflict. He asked the GEC did file its response to his disclosures by Wednesday.

Also, both the GEC counsel and the Attorney General's Office said they're not ready to argue the case because neither has even received a summons, or copies of the complaint.

Leon Guerrero argues in his suit that while cross-over votes may be void, the gubernatorial votes on the same ballot should count. Under its current legal interpretation the GEC considers the entire ballot spoiled. Meantime, the Aguon/Limtiaco team's write-in campaign is moving forward.

The political action committees that announced a write-in campaign for the Aguon/Limtiaco team is moving full-steam ahead with its plans to give Guam a third gubernatorial option in the General Election. Guam Citizens for Public Accountability and Guamanians for Fair Government announced their plan to push a write-in campaign for Aguon/Limtiaco in early September. Aguon/Limtiaco lost to the Leon Guerrero/Tenorio team in the Primary Election.

Andri Baynum, head of Guamanians for Fair Government, has written two letters to the Guam Election Commission asking for more space on the write-in portion of the General Election ballot, but the request has not been addressed by the GEC board.

"The Commission has tabled the discussion for a later time," GEC Director Maria Pangelinan said. Baynum has taken issue with the GEC's inaction on his request, even going as far as saying the GEC is ignoring it.

"We're supposed to get written responses for each of the letters that we submit - but we haven't gotten anything from the GEC," Baynum said.

We asked the GEC if it was in fact giving Baynum the cold shoulder. "No, no, no, no, no, no," Pangelinan said. "We still have a little bit of time to fine-tune that section of the ballot."

While Baynum and Ken Leon Guerrero of Citizens for Public Accountability say they're acting on behalf of the people of Guam - we wanted to find out just how many people they feel they're representing. "Just for my group there's eight of us in a committee, we come together to make these decisions. So by no means am I the one that makes these decisions by myself," Baynum said. "And then we have several thousand followers on Facebook and our website. We represent a pretty good chunk of the voting population on the island of Guam."

While Baynum is trying to make sure there's enough space to write in Aguon/Limtiaco, he's also trying to make sure voters have some wiggle room when it comes to what they write in the write-in space. "A little variation on the spelling of Aguon - using a 'o' before a 'u' or two o's in Limtiaco - that kind of thing - we want to make sure the GEC is able to accept these when it's time to count those ballots," Baynum said.

The GEC said the board will ultimately approve what write-in votes for Aguon/Limtiaco must say in order for the write-in vote to count.

While the Aguon/Limtiaco team has not fully embraced this write-in effort, they haven't "repudiated" it either. A Democratic Unity pledge the team signed said Primary Election losers would not run write-in campaigns and also disavow any third-party group that tries to draft them as write-in candidates.

Baynum did say he would consult his partner if the Aguon/Limtiaco asked them to drop plans to run the write-in campaign. He also said the write-in campaign is about a third option - since he says the Lou and

Josh and Tenorio/Ada teams are cut from the same cloth. "There is no difference. You know one grabs the money, the other grabs the gun," Baynum said.

The GEC today also conducting ballot placement draws at their Hagatna office. On the Democrat side, senatorial candidate Jose Terlaje drew the Number one slot on the ballot and on the Republican side candidate Harold Cruz took the top spot on the ballot.

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