Guam - The Guam Election Commission has filed a motion to dismiss the election challenge filed in the District Court by the Democratic gubernatorial team of former Governor Carl Gutierrez and Senator Frank Aguon, Jr.  GEC Legal Counsel Cesar Cabot argues dismissal is warranted because the plaintiffs failed to state a claim. 

Additionally he argues that the claims are without merit and Gutierrez and Aguon cannot sue on behalf of 1,000 John and Jane Doe citizen plaintiffs.

The motion to dismiss was filed less than an hour after a hearing was held in the Superior Court this morning where Judge Vern Perez recused himself from a similar election challenge filed in the local court.  That case has been moved to the District Court as Attorney Cabot filed a notice of removal on Tuesday.

Cabot told KUAM the removal was necessary since the two lawsuits are similar and because Gutierrez and Aguon have made federal claims. District Court Chief Judge Frances Tydingco Gatewood has recused herself from both cases because her brother, Dan, is the co-chairperson of the Calvo-Tenorio transition team.  Judge Tydingco-Gatewood issued another recusal order on Tuesday afternoon indicating that she would refer the case to the 9th Circuit Court of Appeals for designation.