by Mindy Aguon

Guam - The local government has yet to comply with the mandates of a federal lawsuit that was filed during the 2010 election. Because local law hasn't been passed to remedy past violations of federal law, the Guam Election Commission and the U.S. Department of Justice's Civil Rights Voting Section have filed a stipulated order outlining what the GEC will do to be in compliance during Decision 2012.

Even after being sued two years ago, the Guam Election Commission and the Government of Guam are not in compliance with requirements of the Uniformed and Overseas Citizens Absentee Voting Act. In October 2010, the Commission was ordered to take certain actions for violating sections of UOCAVA and ensuring that the votes cast in federal elections by those overseas would be counted. In fact the violation resulted in the GEC extending the ballot receipt deadline by an additional two weeks. The Government of Guam was required to take a number of actions that included proposed legislation and taking certain administrative actions to prevent future violations of federal law.

The way the law is currently written, the GEC is unable to provide absentee ballots electronically to UOCAVA voters who ask for them for the upcoming primary and general elections.

Proposed legislation that would have rectified that was passed in an election reform bill back in March, but the measure was vetoed by the governor who then included the same provision in his revised version of an election reform bill that has not been passed by the legislature.

But the GEC is running up against strict federal timelines - specifically a 45-day window to transmit blank absentee ballot to UOCAVA voters who request them by next week Wednesday in order to meet the timeline for the September 1 primary election. The parties today filed a stipulated supplemental order where the Election Commission agrees to establish email as the electronic means by which UOCAVA voters may receive a blank absentee ballot and provide effective notice to UOCAVA voters.

According to the stipulation, the GEC must provide a notification no later than July 16 to each UOCAVA voter that they have the option of receiving an absentee ballot by e-mail or traditional mail. The notification must be posted on the Commission's website and sent out to local and international media.

The stipulation won't resolve the lawsuit though as the U.S. Department of Justice is mandating regular reporting that begins on July 20 certifying that they have complied. By June 15 of next year, the GEC must file a report providing a status update on any legislative efforts that have been made to amend Guam law to authorize the electronic option for UOCAVA voters.

The feds meanwhile have also retained jurisdiction over the matter through December 31, 2014.