A federal lawsuit by an associate professor at the University of Guam could shake up the way Guam runs its elections – opening the general election ballot up to more than just party-backed candidates. Dr. Ron McNinch, UOG professor and member of the Guam Education Board, has filed suit in federal court.

He argues Guam’s election laws unfairly lock out independents and non-partisan candidates before voters even reach the general election. He told KUAM News, “Partisan primaries should not be filtering out people who aren’t members of parties because they’re not members of parties to begin with.”

On Guam, partisan primaries don’t just decide nominees. They effectively decide who gets to appear on the general ballot at all.  Dr. McNinch says that’s a monopoly for the major parties — a system unlike that of fellow U.S. territory, the U.S. Virgin Islands, where independents can still run in the general election without being tied to a primary.

“I think that changing the ballot access to be much more open will be healthier for everybody," he said.

He also points to what’s known as “party raiding” — when democrats cross over to vote in republican primaries, or republicans in democratic ones.  McNinch argues it skews competition, citing the gubernatorial election in 1998 and the congressional election 2018 as examples.

“This is unfair," he stated. "The Democrats should decide who their democrat runner should be, and the Republicans should decide who the republican runner should be. There shouldn’t be this crossing over or back and forth.”

Instead, he proposes a system that would give voters the final say: a general election open to all candidates, followed by a runoff if no one wins a clear majority. McNinch says this would create a more competitive playing field, opening up the potential of seeing two democrats, two republicans, or even an independent candidate go head-to-head.

“Political parties are important, but they’re also associations. If I’m not a member of the party, I don’t get to run with the party, I don’t get on the ballot," he said. "Well, in the United States we have freedom of association. Why do I have to join your party to participate in a fair and open election?”

Overall, Dr. McNinch says this suit isn’t about party politics, but about fairness, choice, and sparking debate — especially among younger voters who will inherit the system.