2010 election debated by senators

In 2010 the feds took the GEC to court for failing to get the ballots out on time to overseas voters.

March 15, 2012Updated: March 15, 2012

By KUAM News

Guam - Although lawmakers were scheduled to discuss Bill 413 that reforms the island's election laws, major portions of today's debate focused on Decision 2010 and how it was handled including their concerns about why UOCAVA ballots weren't counted for the local elections. In 2010 the feds took the GEC to court for failing to get the ballots out on time to overseas voters.

As a result the court provided ten days after the election for them to be mailed in and counted but only for the congressional race. GEC officials at the time were concerned about the implications because the federal court ruling was in conflict with local law which prohibited accepting ballots after Election Day. "I don't think that the commission purposely did not count this they were merely following the law and what is allowed in statute. If in the view of the legislature that we need to put all these safeguards in statute then certainly the commission has to abide by every single line as it attempts to do so in the existing statutes," said GEC board of directors member Martha Ruth.

Senator Rory Respicio said, "You're telling me you needed a law to count those ballots? What is your responsibility as a commissioner? To ensure that every vote that's cast is counted correctly? And that's why we voted very quickly to have this election reform?" He indicated the possibility of introducing an amendment that would require those 2010 absentee and provisional ballots be counted as a matter of exercise.

Senator Judi Guthertz meanwhile discussed the possibility of including in Bill 413 a provision that would allow board members to recall their original certification if they found significant discrepancies with the election. Senator Respicio proceeded to ask board members if given the opportunity would they recall their certification with the 2010 General Election. GEC member Joe Mesa responded that a remedy already exists in that their actions could be challenged in court, which could order the results to be decertified. GEC legal counsel Jeff Cook then interjected saying that the discussion was starting to cross over into an ongoing lawsuit before the court. A tearful GEC board member Alice Taijeron said if she truly felt that there were problems with the election she would take full responsibility for her actions and left it up to the legislature in their wisdom to decide whether to include such an amendment.

Senator Respicio responded they weren't trying to micromanage the commission. Just before four o'clock Senator Guthertz introduced that recall provision which allows the GEC board within 60 days to decertify their election results should they find compelling reasons, discrepancies or anomalies.

The GEC turned over to senators the findings of its investigation into complaints that were filed after the 2010 election. Senator Aline Yamashita said it was clear from the report and transcripts of the interviews of precinct workers more training and support is needed.