Suprenie Court Case No. WRM104kS ,.-* ,,. P - . ,,,?;-?:
IN THE SUPREME COURT OF GU~IM- ;
CARL T.C. GUTIERREZ and FRANK B. AGI JON, JR., Petitioners,
VS. THE GUAM ELECTION COMMISSION, JOSEPH MESA, MARTHA RUTH, JOHN TAITANO, ALICE T:IIJERON, JOHN TERLAJE, JOSHUA TENORIO, and ROBERT CRUZ, Respondents.
EDWARD B. CALVO and RAYMOND TENORIO, Real Parties in Interest.
On Petition for Writ of Mandamus, Prohibition, And/or Other Appropriate Relief
PETITIONERS' EXCERPTS OF THE RECORD
David J. Lujan, Es Ignacio C. Aguigui, isq. Delia S. Lu'an, Es LUJAN AGUIG~81 PE& LLP 300 DNA Buildin 23 8 Archbishop Flores %treet Ha itiia, Guam 969 10 Telepa one: (671) 477-8064 Facsimile: (67 1) 477-5297 Attorneysfor Petitioners. PETITIONERS' EXCERPTS OF THE RECORD
N,o. Date Description
EROO 1-ER0035 December 2 1,2010 Excerpts (Declaration of Carlo Branch) (copy only) (original filed 1212 111 0) ER0036-ER0047 December 23,20 10 Supplemental Declaration of Carlo Branch (attached to Petitioner's Reply in Support of emergency Motion to Expedite Writ consideration)(copy only)(original filed 12123110) ER0048 December 26,20 10 Declaration of John Dela Rosa ER0049 December 26,2010 CD Rom attached to John Dela Rosa Declaration ER0050-ER0052 December 26,2010 Declaration of Mary B. Pangelinan ER0053 December 26,2010 Declaration of Vincent P. Arriola ER0054 December 27,2010 Guam PDN-Article dated December 1" 2010 "GEC approves c~rtificater,o.l 2lection" Supreme Court Case NO. Qw~:.z"'m-' - PC-P3 j :I,; & fI2 .. ., . ..
,- . IN THE SUPREME COURT OF GUAM td f- ,, .> ., ,
CARL T.C. GUTIERREZ and FRANK B. AGUON, JR., Petitioners, VS. THE GUAM ELECTION COMMISSION, JOSEPH MESA, MARTHA RUTH, JOHN TAITANO, ALICE TAIJERON, JOHN TERLAJE, JOSHUA TENORIO, and ROBERT CRUZ, Respondents.
EDWARD B. CALVO' and RAYMOND TENORIO, Real Parties in Interest.
On Petition for Writ of Mandamus, Prohibition, And/or Other Appropriate Relief
EXCERPTS (DECLARATION OF CARLO BRANCA)
David J. Lu'an, Es LUJAN AGUIGU~6t PEEZLLp 300 DNA Buildin 23 8 Archbishop Flore~% treet Ha atna, Guam 95910 Telep%* one: (67 1) 477-8064 Facsimile: (67 1) 477-5297 Attorneys for Petitioners DECLARATION
I, CARL0 BRANCH, do hereby declare and state as follows: 1. I am a resident of Guam and a registered voter having voted in both the primary and general elections. 2. Subsequent to the general election, I have been active in attending the various meetings of the Guam Election Commission (hereinafter the "GEC"), having discussions with some of the alleged members of the GEC about events that occurred before, during and after the general election, researching the validity as to the recommendation and appointment and selection of the seven (7) members of the GEC, gathering up the materials pertaining to the recommendations of the political parties, the various appointments and reappointments of the six (6) politically recommended members and the selection and appointment of the seventh member by the other members. 3. That, in my discussions with Mr. Joshua Tenorio, he told me that Mr. Robert Cruz was already serving as the seventh member prior to his initial appointment on October 14, 2008. Further, from October 14, 2008 to after the general election held on November 2, 2010, the six (6) politically appointed members have not met to reselect and reappoint Mr. Cruz to another two (2) year term. Further, on November 6, 2010, it was Mr. Mesa who made the motion to certify the machine count voting result. 4. That, in my research and compilation of written materials pertaining to the alleged seven (7) members, I was able to locate and retrieve the following documents from the files of the GEC and the Governor's office:
(i) Attached as Exhibit "1" are documents pertaining to Mr. Joseph Mesa. (ii) Attached as Exhibit "2" are documents pertaining to Ms. Martha Ruth. (iii) Attached as Exhibit "3" are documents pertaining to Mr. John Taitano. (iv) Attached as Exhibit "4" are documents pertaining to Mr. John Terlaje.
(v) Attached as Exhibit "5" are documents pertaining to Ms. Alice Taijeron. (vi) Attached as Exhibit "6" are documents pertaining to Mr. Joshua Tenorio. (vii) Attached as Exhibit "7" are documents pertaining to Mr. Robert Cruz. 5. That, on December 20, 2010, I inquired via e-mail of a Ms. Jennifer Santos, the Governor's Legal Secretary, for a copy of all Party resolutions recommending the appointment
of each of the six (6) partisan GEC members Ms. Santos responded by stating " . . . the last resolutions I see for current GEC members are Alice Taijeron's and John Terlajeys,but this was
back in 2007 . . . " A copy of the e-mail is attached as Exhibit "8". 6. That, attached hereto as Exhibit "9" is a copy of the GEC summary report of November 6,2010 resulting from the machine recount. I declare under penalty of perjury, that the foregoing is true and correct. Dated this 21Stday of December, 2010.
* Declaration of Carlo Branch GUAM ELECTION -COMMISSION Kumision Ileksion G&an P.O. Box BO. HagHtaa, Guam 96932 .Te1;.(671)47797!J1/2 .Fax:(671) 477-1895 .-; E-Mail: gec@itan~cWabsite: ymw.ru~electim.org . .
OATH
I, Joseph F. 1Mesol, do solemnly swear, in the presence of Almighty God that I will faithfully sbpport the Constitution of the United State8, the laws of the United States applicable to Guam, and the laws of Guam;and that I will conscientiously and impartially discharge my duties as a member of the Guam EIectian Commission. ~ & SWORN TO BEFORE ME ON
Officer authorized to take oaths
XHIBIT 1 - P.O. Box 7,950 Hagitiia, Guam 96932 TEL; (671) 472-8931 Ffi(671) 477-4826 WL:govemo@dg~~.gu
Felix P Camacho Governor Michael W. Cruz, M.D. L&utenant Governor
Mr. Joseph Mesa P.O. Box 1232 HagAtiia, Guam 96932
Dear Mr. Mesa:
Thank you for your willingness to contribute your time, expertise, and energies towards helping the people of Guam. As you know, the Carnacho-Cruz Administration is facing unprecedented challenges, both near and long-term. The task ahead of us will require the collective efforts of the best minds who will have the courage to make the tough decisions for the good of all our people. You have been recognized to possess the qualifications and character that support our philosophy, in general, and our visiori for the Guam Election Commission, in particular. I hereby appoint you to serve in the Carnacho-CNZ Administration in the capacity of:
Member, GUAM ELECTION COMMISSION
This appointment is effective today for a term to expire on September 2,2008. Should you have any questions concerning this appointment, 'please do not hesitate to contact the Governor's Office at 472-893 1-6.
Sinseru yan Magaet,
FELIX P. CAMACHO I Maga' ldhen Gudhun Governor of Guam P.O.Box 2950 HagAtfia, Guam 96932 TEL; 472-8931*FAX: (671)477-4826 EMAIL: [email protected]
-FelixP. Camacho Governor Michael W. Cruz, M.D. Lieutenant Governor
Martha Ruth P.O. Box EA HagAtiia, Guam 96932
Dear Ms. Ruth:
Thank you for your willingness to contribute your time, expertise, and energies towards helping the people of Guam. As you know, the Carnacho-Cruz Administration is facing unprecedented challenges, both near and long-term. The task ahead of us will require the collective efforts of the best minds who will have the courage to make the tough decisions for the good of all our people. You have been recognized to possess the qualifications and character that suppoit our philosophy, in general, and our vision for the Guam Election Commission, in particular. I hereby appoint you to serve in the Canacho-Cruz Administration in the capacity of:
Member, GUMELECTION COMMISSION
This appointment is effective today for a term of two (2) years. Should you have any questions concerning this appointment, please do not hesitate to contact the Governor's Office at 472- 893 1-6.
2 Sirzseru yan Magihet,
FELIX P. CAMACHO I Maga ' Ehen GuZhan Governor of Guam REPUBLICAN PARTY OF GUAM Post Office Box 1846 Hagatna, Guam 96910 a October 27,2008 Honorable Felix P. Camacho Governor of Guam Hagatna, Guam
Dear Governor Camacho,
We are writing in reference to the Guam Election Commission and the Republican Party of Guam Commissioners.
One of our representatives, Ms. Jennifer Calvo Quitugua, has resigned from the Coinmission effective August 9,2008.
Fortunately for the Party, we have experienced and capable individuals, former Senator Martha C. Ruth, Norma J. Aflague and Anisia Terlaje, who all agreed if appointed to represent our Party on the Commission.
Thus the Republican Party of Guam hereby officially requests that your office appoint from the above mentioned, Ms. Martha Ruth, Ms. Norma J. Aflague or Ms. Anisia Terlaje to replace Ms. Jennifer Calvo Quitugua as one of the three Republican Party Commissioners on the Guam Election Commission.
Our remaining Commissioners are Mr. John Taitano and Mr. Joseph Mesa. They are both representing the Party and the People of Guam extremely well. i Sincerely,
Acting State Party Chairman REPUBLICAN PARTY OF GUAM Post Office Box 1846 Hagatna, Guam 96910
August 29,2008
Honorable Mike W. Cruz Acting Governor of Guam Hagatna, Guam
Dear Acting Governor Cruz:
We are writing in reference to the Guam Election Commission and the Republican Party of Guam Commissioners.
One of our. current representatives, Ms. Jennifer Calvo-Quitugua, has resigned from the Commission effective August 1, 2008.
Fortunately for the Party, we have an experienced and capable individual, Norma J. Aflague who has agreed to represent our Party on the Commission.
Thus the Republican Party of Guam hereby officially requests that your office appoint Ms. Norma J. Aflague to replace Ms. Jennifer Calvo-Quitugua as one of the three Republican Party Commissioners on the Guam Election Commission.
Our remaining Commissioners are Mr. John Taitano and Mr. Joseph F. Mesa. They are both representing the Party -and the People of Guam extremely well.
Thank you.
With best regards, we remain,
Acting sthe Chairman I a 3. b' '
q&9#hi gae~i2.0.4@Mfl& . . .. P.O. BOY 29 jo Hdtfia, Guam 96932. .... TEL: (671)472-8931 Fa:(671) 477426 * ~~gcwem~~ov.gu.
Felix P. Carnacho Governor.
Michael W Cruz,M.D. Lierctetzant Governor
2 1 JUL 2009
John P. Taitano P.O. Box 496 Hagbaa, Guam 96932
Dear Mr. Taitano:
On June 30, 2006, you were previously appointed to serve on the Guam Election Commission. The term has since expired. Now, therefore, by virtue of the authority vested in me pursuant to the Organic Act of Guam and the laws of Guam applicable to this position, I hereby reappoint you to serve as a Member of the Guam Election Commission for a new term of two (2) years.
Sinseru yan Magihet,
MICRAEL W. CRUZ, M.D. I Maga 'Mhen Gudhan, para pa 'go Acting Governor of Guam REPUBLICAN PARTY OF GU
P. 0. Box 1846, Hagdtna, Guam 9691.0 . . &.@OV~ ~-.F1 June 29,2009 -wc --7 Honorable Felix P. Camacho Governor of Guam . .
Dea Governor Cmacho,
The Guam Election Commission (GEC) has officially informed the Republican Party of Guam (Party) that the term of John P. Taitano, GEC Member representing the Republican Party of Guam has expired.
Section 2101 of Chapter 2, Title 3 GCA stipulates IMaga ' Lanhen Gudhan shall appoint from a lid of recommendations submitted by the recognized parties of Guam. Hence, it is the to have the following be considered:
. John P. TGtano 2. Rudy Matanan &fff_ v 3. Victor F. C
The Republican Party of Guam recommends that John P. Taitano be re-appointed to serve another term. Mr. ~aitanohas represented the Republican Party of Guam, our Island, and the people of Guam along with Joseph Mesa and Martha C. Ruth, GEC members representing the Republican Party extremely well.
lican Party of Guam
CC: John P . Taitano Rudy Matame Victor F. Cruz Jr.
EROOI 0 GUAM ELECTION COMMISSION Kumision Ileksion GuHhan P.O. Box BG Haggtila, Guam 96932 Tel: (671) 477-979112 Fax: (671) 477-1895 E-Mail: director~~ec.rmam.govWebsite: www.guarnelection.org
OATH
I, John P. Taitano, do solemnly swear, in the presence of Almighty God that I will faithfully support the Constitution of the United States, the laws of the United States applicable to Guam, and the laws of Guam; and that I will conscientiously and impartially discharge my duties as a member of the Guam Election Commission.
SUBSCRIBED & SWORN TO BEFORE ME ON I ,20
I Officer authorized to take oaths
EROOll , , a'10/20/.2009 10: 01 FAX 611 477 4826 GOVERNORS OFFICE 001/00l , i *' . -- - -. .. -. -. ------. .- -- -.
FI:lix P. Camacho Governor Mic hael W.Cruz. ~11. L Sutenant Governor
OCT 16 2009 Mr. John C. Terlqie U~~ionBank Bldg., Suite 215 194 Hernm Cortes Ave. Hagitfia, Guam 969 10
Dear Mr. Terlajc:
On April 5, 2007, you were.previously appointed to sew on the Guam Election Co~nil~ission. The term has since expired. Now, therefore, by virtue of the authority vested in me pursuant to . the Organic Act of Guam and the laws of Guam applicable to this position, .I hereby reappoint you to so-ve as a Member of the Guam Election Commissioil for a new tell11 of two (2) years.
EXHIBIT 4 @' ' , I . . @cay& @m~m+y@Lma
P.O. BOX zq5b HagAtiia, Guam 36932 . -. - TEL (6p)qj1-*$31* (67i1,~77-~t6&: governo~ai~gov.~
... ~eiixI? Camacho . . Governor Michael W. Cruz, M.D. Lieutenmt Governor
OCT 1.6 2009 Mr. John C. Terlaje Union Bank Bldg., Suite 21 5 194 Hernan Cortes Ave. HagAtiia, Guam 969 10
Dear Mr. Terlaje:
On April 5, 2007, you were previously appointed to serve on the Guam Election Commission. The term has since expired. Now, therefore, by virtue of the authority vested in me pursuant to the Organic Act of Guam and the laws of Guam applicable to this position, I hereby reappoint you to serve as a Member of the Guam Election Commission for a new term of two (2) years.
Sinseru yan Magdhet,
FELIX P. CAMACHO I Maga 'Mhen Guhhan Governor of Guam THEDEM.OCRATIC PARTY OF GUAM - P.0. BOX 168, HAGATRA, GUAM96g32 Senator Pit& C. Lujan Chairperson .TheresaC. hriola Jmeph (Joey' Duenas Seaetq Treamxer AL,0V# a: @Q Vmcent Vince*Arrioh- Executive Dkector .- w
Iuly~.27,2009~
-7 The I-lonorable Felix P. Camacho Governor Ricardo J. Bordallo Governor's Complex Adelup, Guam 969 10
Hafa Adai Governor Camacho:
Recognizing that the thee democrat seats on the Guam Election Commission Board have expired, I write you today in accordance to GCA, Title 3, Chapter 2, Subsection 2101 which acknowledges you as the appointing authority of members to the Guam Election Commission Board. Tile statute requires that the Democrat Party of Guam, a recognized political party provide you with names of registered voters of Guam to fill seats.
Governor, Attorney John Terlaje, Ms. Alice Taijeron and MI. Joshua F. Tenorio are three fine democrats that i-have served our party weif during their Last term as GEC Board Members and therefore I recommend to you / that they be reappointed to fill their exphwl GEC Board positions allocated to the Demonat Party of Guam. 3 CKyou have any questions, please feel fne to call Vincent P. Arriola, Democrat Party Executive Director at 727-9009 or 472-7679.
Si Yu'os Ma'ase.,
PTLAR C. LUJ& Chairwoman
Cc : Democrat Centraf Executive Committee B' THE DEMOCRATICPARTY OF GUAM P.O. Box 188, HAG~~~A,GUAM 96932 Senator Pila.C. Lujan Ma or Jaime Pautiao Chairperson &ce Ch%erson Theresa C. Arriola Joseph 'Joey' Duenas Taling Taitano Senator David L.G. Shimizu Seuttary . Treasmer Naiional Committeewopn National Committeeman Executive ae; ($ Vincent 'Vince' Arriola- Director ms % July 27,2009
-7 The Honorable Felix P. Carnacho Governor Ricardo J. Bordallo Governor's Complex Adelup, Guam 96910
Hafa Adai Governor Carnacho:
Recognizing that the three democrat seats on the Guam Election Commission Board have expired, I write you today in accordance .to GCA, Title 3, Chapter 2, Subsection 2101 which acknowledges you as the appointing authority of members to the Guam Election Commission Board. The statute requires that the Democrat 'Party of Guam, a recognized political party provide you with names of registered voters of Guam to fill seats.
Governori Attorney John Terlaje, Ms..Alice Taijeron and Mr. Joshua F. Tenorio are three fine democrats that ave served our party well during their last term as GEC Board Members and therefore I recommend to yt,i r=that they be reappointed to fill their expired GEC Board positions allocated to the Democrat Party of Guam.J %you have any questions, please feel fiee to call Vincent P. Arriola, Democrat Party Executive Director at 727-9009 or 472-7679.
Si Yu'os Ma'ase,
Cc: Democrat Central Executive Committee e A - --- GUAM ELECTION COMMISSION Kumision Ileksion Gulhslaa P.O. Box BC4 r HaeQtfh, Gum 96932 a Fa(6 website:
OATH
I, Alice M. TaUeron, do solemnly swar, in the pnsme sf Almighty God that I will fltithhlly suppad the.Con~titution of the Unitsd States, the laws afthe United Stotm applicable to ham, md the laws of Cium; and that I will conscientiouely and impartially disohwge my dutiea u a member ofthe Guam Election Commiesian. e:1092Q/2009 10:03 FAX 671 477 4@6 GOVERNORS OFFICE OOl/OOl -J - -- - - / ------( - -
P.O. I3ox si50 HagHtfia, Gu'un 96932 'I:EL:(67r) 472-8331 FA'X (671) 477-4826 * EMhIt: govc111o&nil.gov.g11
Fc lix l? Carnacho Gover~ror Mic hael W. Cruz, ~.xx L eutc?zurat (;overnor
Ms. Alice Taijero~l P.O. Box 529 I-IagAtiia, Guam 96932
Dear 'Ms. Taijeron:
011. April 5, 2007, you were prcvio~lslyappointed to serve on the Gila111 Electioi~Commission. Tlie teinl has si~lceexpi]-ed. - Now, therefore, by viitue of the autl~orityvested in me pursuant to the Organic Act of Guam and the laws of Guam applicable to this position, I hereby reappoint you to serve as cl 'Men~berof the G-uam Election Corninission for a new teiln oftwo (2) years.
Sin.rertr ynn Mc~gdlzer,
FELTX P. CA'MACHO I .kIagn 'IZlzcn Gui?hurz Governor of Guam Felix I? Carnacho . ,
Governor. , . ..
'~icgaklW. CNZ,M.D Lieutenmat Governor
Ms. Alice Taijeron • P.O. Box 529 HagAtiia, Guam 96932
Dear Ms. Taijeron:
On April 5, 2007, you were previously appointed to serve on the Guam Election commission. The term has since expired. Now, therefore, by virtue of the authoiity vested in me pursuant to the Organic Act of Guam and the laws of Guam applicable to this position, I hereby reappoint you to serve as a Member of the Guam Election Commission for a new term of two (2) years.
Sinsem yan Magzhet,
- FELIX P. CAMACHO I Maga 'lzhen Gudhan Governor of Guam THE DEMOCRATICPARTY 015 GUAM P.6. BOX 168, HAGATRA, GUAM 96932 Senator Bilar E. Lujm Ma or Jaime Pauline Chairperson &ce Chdzperson
Govemor Ricardo J. BordalIo Governor's Complex Adelup, Guam 96910
Hafa Adai Governor Carnacho:
Recognizing that the three democrat seats on the Guam Election Cornmission Board have expired, I write you today in accordance to GCA, Title 3, Chapter 2, Subsection 2101 which ackno~vledgesyou as the appointing authority of members to the Guam Election Commission Board. The statate requires that the Democrat Party of Guam, a recognized political party provide you with names of registered voters of Guam to fill seats.
Govemor, Attorney John Terlaje, Ms. Nice Taijeron and Mr. Joshua F. Tenrxio are three fme democrats that have served our party well during their Last term as GEC Board Members and therefore I recommend to you that they be reappointed to fill their expired GEC Board positions allocated to the Democrat Party of Guam.7 i- 3 ifyou have any questions, please feel free to call Vincent P. Aniola, Democrat P* Executive Director at 727-9009 or 472-7679.
PJLAR C. LUJA Chairwoman
Cc: Democrat Central Executive Committee THE DEMOCRATIC PARTYOF GUAM P.O. BOX 168, HAGATRA, GUAM 96932 Senator Pilar 6.Lujan Ma or Jaime Paulino Chairperson LChaiqe-rson Thefesa C. Arriola Joseph 'Joey' Duenas Tating Taitano Senatoi D&d L.G. Shimizu Seaerarye Treasurer National Comrnitteewomim ' National Committeeman Vincent Director oe';& a"' 'Vince' Arriola- Executive . ms - w*@tS .. . July 27,2009
-7 The Honorable Feli P. Camacho Governor Ricardo J. Bordallo Governor's Complex Adelup, Guam 96910
Hafa Adai Governor Carnacho: Recognizing eat the three democrat seats on the Guam Election Cornniission Board have expired, I write you today in accordance to GCA, Title 3, Chapter 2, Subsection 2101 which acknowledges you as the appointing authority of members to the Guam Election Commission Board. The statute requires that the Democrat Party of Guam, a recognized political party provide you with names of registered voters of Guam to fill seats.
Governor, Attorney John Terlaje, Ms. Alice Taijeron and Mr. Joshua F. T'enorio are three fine democrats that served our party well during their last term as GEC Board Members and therefore I recommend to be reappointed to fill their expired GEC Board positions al1ocate:d to the Democrat Party of
%you have any questions, please feel fkee to call Vincent P. Arriola, Democrat Party Executive Director at 727-9009 or 472-7679.
Si Yu'os Ma'ase,
PILAR C. LU~& Chairwoman
Cc: Democrat Central Executive Committee r --,- GUAM ELECTION COMMISSION Kumision Ileksion GnHhan P.O. Box BG Hagma, Guam 96932 Tel: (671) 477-979112 Fax: (671) 477-1895 E-Mail: director@,eec.suam.pov Website: www.guame1ection.o~
OATH
I, Joshua Tenorio, do solemnly swear, in the presence of Almighty God that I will faithfully support the Constitution of the United States, the laws of the United States applicable to Guam, and the laws of Guam; and that I will conscientiously and impartially discharge my duties as a member of the Guam Election Commission.
SUBSCRIBED & SWYRN TO BEFORE ME ON P.O. Box 2750 Haggtiia, .Guam 96932 \&$j$y' TEIr (6y) 471-8931 FAX (671) 477-4826 EMA~T:[email protected].~~
I3 lix I? Camacho ' Gavel-~wr
MI-. Joshua Tenorio P.O.Box 168
Dear Mr. Tenorio:
011 October 14, 2008, you were previously appointed to serve on the Guam Elcc.tio~l Commission. ?he term will soon be expiring. Now, therefore, by virtue of the authority vested in me pursuant to theXOrganicAct of Gum and the laws of Guam applicable to this position, 1 hereby reappoint you to serve as a Member of the Guam Election Coinmission for a new term of hvo (2) years.
FELIX P. CAMACHO I M'n,a11dhen G~rdlznrz Governor of Guam Felix P Camacho Govevnor
Michael W Cruz, M.D. Lieutenunt Governor
Mr. Joshua Tenorio • P.O. Box 168 Hagtitila, Guam 96932
Dear Mr. Tenorio:
On October 14, 2008, you were previously appointed to serve on the Guam Election Commission. The tern will soon be expiring. Now, therefore, by virtue of the authority vested in me pursuant to the Organic Act of Guam and the laws of Guam applicable to this position, I hereby reappoint you to serve as a Member of the Guam Election Commission for a new term of two (2) years.
Sinseru van Maadhet,
FELIX P. CAMACHO I Maga 'ldhen Gudhan Governor of Guam THEDEMOCRA~C PARTY OF GUAM ' . P.O. BOX 168, HAG~RA,GUAM.96932 Senator Pilar C. Lujan Chairpason Theresa C. Atriola Joseph 70s)'Duenas Taling Taitano Secretary Treasurer ~ationdCodttemman ALq0Vr ms Vincent CVioce' Arriola- Execu6ve Dircctoi .- w
JuIy 27,2009
The ?-IonorableFelix P. Camacho Governor Ricardo J. Bordallo Governor's Compiex Adelup, Guam 969 10
Hafa Adai Governor Carnacho:
Recognizing that the three democrat seats on the Guam Election Conuniss;ionBoard have expired, I write you today in accordance to GCA, Title 3, Chapter 2, Subsection 2101 which acknowledges you as the appointing authority of members to the Gum Election Commission Boarcl. The statute requires that the Democrat Party of Guam, a recognized political party provide you with names of registered voters of Guam to fill seats.
./-Governor, Attorney John Terlaje, Ms. Mi& Taijeron &ndMr. Joshua F, Tentdo are three fine democrats that. have served ow party well during their last term as GEC Board Members a~idtherefore 1recommend to you / that they be reappointed to fill theirexpirod GEC Board positions allocated to the Democrat Party of Guam. Kyou have any questions, please feel free to all Vincent P. Arriola, Democrat Pa* Executive Director at3 727-9009 or 472-7679.
Si Yu'os Ma'ase,
PTLARC. LUJ~ Chairwoman
I 1 Cc: Democrat Central Executive Committee D THE DEMOCRATICPARTY [OF GUAM P.O. BOX 168, HAG~~~A,GUAM 96932 Senator Pilar 6.Lujan Mayor Jaime Paulino Chairperson Vice Chhirpetson Theresa C. Arriola ~ose~h"Joe~'Duenas Taling Taitano Senator David L.G. Shkdzu Seaetataiy, Treasurer National Committeewopm . National Committeeman 'Vince' Arriola- Executive Diector
wO@'S July 27,2009
The Honorable Felix P. Camacho Governor Ricardo J. Bordallo Governor's Complex Adelup, Guam 96910
Hafa Adai Governor Camacho: Recognizing $at the three democrat seats on the Guam Election Com~issionBoard have expired, I write you -today in accordance to GCA, Title 3, Chapter 2, Subsection 2101 whkh acknowledges you as the appointing authority of members to the Guam Election Commission Board. The statute requires that the Democrat Party of Guam, a recognized political party provide you with ]James of registered voters of Guam to fill seats.
Governor, Attorney John Terlaje, Ms. Alice Taijeron and Mr. Joshua F. Tenorio are three fine democrats that served our party well during their last term as GEC Board Members and therefore I recommend to yoZ" be reappointed to fill their expired GEC Board positions allocated to the Democrat Party of Guam.-I bIf you have any questions, .please feel fi-ee to call Vincent P. Arriola, Democrat Party Executive Director at 727-9009 or 472-7679.
Si Yu'os Ma'ase, &"q- PEAR C. LU AN 1 Chairwoman
Cc: Democrat Central Executive Committee Felix P Camacho . Govern
Michhel TV C~UZ,~.b. Lieutenant Governor
Mr. joshua ~enorio C/OP.O. Box 168 Hagitiia, Guam 96932
Dear Mr. Tenorio:
Thank you for your willingness to contribute your time, expertise, and energies towards helping the people of Guam. As you know, the Carnacho-Cruz Administration is facing unprecedented challenges, both new and long-term. The task ahead of us will require the collective efforts of the best minds who will have the courage to make the tough decisions for the good of all our people. You have been recognized to possess the qualifications and character that support our philosophy, in general, and our vision for the Guam Election Commission, in particular. I hereby appoint you to serve in the Carnacho-Cruz Administration in the capacity of
Member, GUAM ELECTION COMMISSION
This appointment is effective today for the unexpired term of Florencio T. Rarnirez, which term expires February 23, 2009. Should you ha~eany questions concerning this appointment, please do not hesitate to contact the Governor's Office at 472-8931-6.
Sinsem yan Magzhet,
MICHAEL W. CRUZ, M.D. I Maga ' [;hen Gdhan,pa 'go Acting Governor of Guam D a THE DEMOCRATICPARTY OF GUAM P.O. BOX 168, HAGAT~A,GUAM 96932
Senator Pilar C. Luj'an . Chairpuson Th.eresa C.Arriola Taling Taitano Senator David L.G. Shinlizu Secretary National Co~nrnitteewoman National Cornmitteannn Vincent Vince'
October 10,2008
The Honorable Felix P . Canacho • >=Goverlior Gov. Ricardo J. Borddo Goveriior's Complex Adelu y, Guam 969.10 Pfa Adai Governor Canlaclio: Tlis is a follow-up letter of my letters sent,to you on At~gust5~ & August 7threco~mnending certain 1! Democratic Party members to the Guam Election Commission Board pursuant to 210 1 Chapter 2, Title 3 1 GCA. As you may lcnow, the hdividud you previously appohted to fill the vacancy of Democrat Coinmission:MemberMi-. Larry mnirez, Mr. Doll Weakley, resigned fiom -theCotmnission just sliortly after his appoiiitment because of lis decision to be a candidate for the Consolid.atedCormnission on Utilities.
Once again Governor, I sun requesting that you consider the following names to serve as a member of the Comnission representing the Democratic Party of Guan and filling the vacancy lei? by Mr. Do11 WeakleylMr. Larry Ranlirez.
Attoniey Mitchell Tholnpson @ MI. Joslltla Tellorio 0 Mk. Jolui Palomno a Mr. Martin Benavente
If you have any questions, please feel fi-ee to call Vincent Arriola, Executive Director of the Democrat i Party at 727-9009 or 472-3455. Thank you for your consideration and prompt res'ponse. Si Yu'os Ma'ase,
Cc: Central Executive Cornnittee THEDEMOCRATIC PARTY OF GUAM P.O. BOX 168, HAGAT~~A,GUAM 96932
Senator Pilar C. Lujan ' Mayor Jaime Paulino Chairperson Vice Chairperson Theresa C. kriola Joseph oey' Duenas Taling Taitano Senator David L.G. Shimiz~~ Seaerarv hasum Xational Cornmitteewo~nan Nationd Committeeman- Vincent 'Vince' Arriola- Esecutive Director r
August, 7,20
Honorable Felix P. Carnacho Governor of Guam Hagatna, Guam 96932
Hafa Adai Governor Carnacho,
As you already know, a few days ago, I sent you a letter offering the names of three Democrafic Party individuals, for you to select one as a new member of the Guam Election Commission Board of Directors. If I may, I would like to nominate one additional Democratic Party member, Mr. John Palonlo, for your consideration. Thank you for your attention to this matter.
Pilar Lu ~hainvogan Democratic Party of Guam P.O. Box igjo Hag@a, Guam.96932. TEC: (&,I) 472&)3~ FAX:(67$ 41j-4826 EMAIL: [email protected]
Felix I? Carnacho Governor ,
Michael W. Cruz, M.D. Lieutenant Gevernor
'Mr. Don Weakley C/OP.O. Box 168 e Hagfitia, Guam 96932
Dear Mr. Weakley:
Thank you for your willingness to contribute your time, expertise, and energies towards helping the people of Guam. As you know, the Carnacho-Cruz Administration is facing unprecedented challenges,. both near and long-term. The task ahead of us will require the collective efforts of the best minds who will have the courage to make the tough decisions for the good of all our people. You have been recognized to possess the qualifications and character that support our philosophy, in general, and our vision for the Guam Election Commi'ssion, in particular. I hereby appoint you to serve inthe Camacho-Cruz Administration in the capacity of:
Member, GUAM ELECTION COMMISSION
This appointment is effective today for the unexpired term of Florencio T. Ramirez, which term expires February 23, 2009. Should you have any questions concerning this appointment, please do not hesitate to contact the Goveinor's Office at 472-8931-6.
Sinseru yan Magdhet,
MICHAEL W. CRUZ, M.D. I Magn ' Idhen Gudhan, pa 'go Acting Governor of Guam THEDEMOCRATIC PARN OF GUAM P.O. BOX 168, HAGATKA, GUAM96932 Senator Pilar C. Lujan Mayor Jaime Paulino Chairperson Vice Chairperson Theresa C. Atriola Joseph ' oeyy.Duenas Taling Taitano Senator David L.G. Shimizu Serzetaq desurer Nationd Committeewoman National Committeeman a. W Vincent 'Vince' Aniola- Executive
I) The Honorable Felix P. Camacho Governor ficardo J. Bordallo Governor's Complex Adelup, Guam 9691 0
Hafa Adai Governor Camacho:
In acknowledging the resignation of long time Democrat Mr. Larry Ramirez from the Guam Election Commission (GEC) Board, I write you today in accordance to GCA, Title 3, Chapter 2, Subsection 2101 that acknowledges you as the appointing authority of members to the Guam Election Commission. The statute requires that the Democrat Party of Guam, a recognized political party provide you with names of registered voiers of Guam for you to select from to ell .the.vacancy left by Mr. Lany Ramirez.
Recommendations are:
1. Attorney Mitchell @ 2.. ,;Mr...Don' Weali:ley P~~~~~.. . 31 Mr. Joshua ~enodo@
Governor, with the Primary Election just 3 1 days away I urge you to act swiftly in filling this vacancy so that the GEC Board business can continue in preparation of the upcoming elections with little interruption. If you have any questions, please feel free to call Vincent Arriola, Executive Cirector of C the Democrat Party at 727-9009 or 472-3455.
Si YU'OSMay ase,
Chairwoman
Cc: Central Executive Committee Members GUAM ELECTION COMMISSION Kumision Ileksion Guiihan P.O.Box BG Hagitfia, Guam 96932 Tel: (671) 477-9791/2 Fax: (671) 477-1 895 E-Mail: [email protected] Webslte: www.guamelec~on.org
REGULAR BOARD MEETING MINUTES OF OCTOBER 10,2007
The following is the minutes of the Guam Election Commission (GEC) Board of Directors regular monthly meeting held on Wednesday, October 10,2007:
I. CALL TO ORDER Duly convened by Acting Chairman John P. Taitano at 407 p.m., with the exception of Board j' member Jennifer Calvo-Quitugua the following appointed board members were present and a quorum established:
John P. Taitano, Acting Chairman Florencio T. Ramirez, Member Joseph F. Mesa, Member Alice M. Taijeron, Member John C. Terlaje, Member Robert Cruz, Member (4: 15 pm)
Also present were: Gerald A. Taitano, Executive Director Christen N. San Nicolas, Election Clerk Atty. Cesar C. Cabot, Legal Counsel Anthony F. Elliott. IT Manager Stephanie N. Chargualaf, Program Coordinator
Public Attendance: None.
11. APPROVAL OF MINUTES
Board member John Terlaje moved to accept and approve the minutes of July 18,2007, subject to further corrections and amendments. The motion was then second by board member Alice Taijeron. As there were no Wer discussions, Acting John Taitano called for the vote to approve the minutes of July 18,2007, subject to further corrections and amendments. All board members present voted in favor of approving the minutes, subject to further corrections and amendments.
111. ORDER OF BUSINESS.
A. Executive Director's Raort
1. Staff Report - Executive Director Taitano reported that program coordinator Brenda Untalan is still on medical leave and election clerk Bernadette Toves will be back to work the first week of November after her maternity leave.
2. Affidavit of Repistration Zmaae Caplure Proiecl Update - Executive Director Taitano reported that approximately 65% of the signatures have been scanned, and the project is to finish around November or December time fiarne.
B. 2006 Election - Comparative Analvsis
Executive Director Taitano reported that the Comparative Analysis report is in its draft form and is still being reviewed.
C. Election 2008
zDdFloor, Suite 200 GCIC Building, ~~0031 Avenue, Hagatna, Guam 96910 Regular Board Meeting Minutes Page 2 of 3 October 10,2007
1. Initiative Measure - Better Jobs for Guam Act rec'd December 04. 2.006 - Executive Director Taitano reported that there are no updates. However; time fiames and statutory requirements are being reviewed with legal counsel. Board member J. Mesa requested a matrix of key dates for the initiatives.
D. Other Business
1. Fiscal year 2008 Budget Call - July 25, 2007- Executive Director Taitano reported that the GEC was provided with two increments of $339,536 and $700,000 with a combined funding of $1,039,536.00 for the fiscal year.
1. FY 2007 Grant Auulication (HAVA Sec. 2611- Executive Director Taitano reported that the GEC worked on a $100,000 grant pursuant to the Help America Vote Act section 261 strictly for the improvement of accessibility and is currently seeking to procure the funds.
2. Ltr. From GCIC Manamnt re: Lease Arrears- Executive Director Taitano reported that Stephanie Chargualaf, GEC program coordinator is currently working with GCIC's accounting to gather all invoices to be sent to administration for payment. He also stated that the arrears may be due to the government's fiscal situation. Board member J. Mesa recognized that the new budget does not have a provision for taking care of prior year obligations and questioned the election commission's ability to pay the arrears. Executive Director Taitano acknowledged fiom his reading of the budget that it does not cover from October 01,2007 thru September 30,2007 and the funding that was supposed to take care of the rental fee was redirected within the Governor's budget. Board member J. Mesa requested for a breakdown of monthly rental owed fiom'2004 to be distributed to members of the board. Acting Chairman J. Taitano questioned if there are any legal actions that can be taken to attain the money to pay the r6ntal fees. Legal counsel, stated that according tothe code they can -onlygo back four years under the statute of limitations. The worst case scenario under the lease agreement is that the GCIC does have the authority to declare a default and request the GEC to vacate the premises. Board member J. Terlaje requested that Executive Director Taitano follow up with the Department of Administration and with Sheila fiom GCIC regarding the arrears.
Board member L. Rarnirez questioned an article published by the Public Auditor's office for those government agencies that failed to file financial reports. Executive Director Taitano replied stating that the Guam Election Commission filed its report on time but the Public Auditor's office had a particular format in regards to the balance sheet and cash flow. Executive Director Taitano affirmed that this type of report would come fiom the Department of Administration Accounting Department since the GEC is under the general fund but he is working with the public auditor's office to sort out the issue.
Acting Chairman J. Taitano shifted focus to the top of the agenda which is the selection of the seventh member as well as the appointment of the Chair- and Vice Chairman of the Gum Election Commission.
1. Anpointment ofSeventh Member- Acting Chairman J. Taitano called for the nominations for the seventh member. Board.member J. Mesa moved to nominate Mr. Bob Cruz as the seventh member. The motion was seconded by board member J. Terlaje. As there were no hther discussions, Acting Chairman J. Taitano called for the vote to accept the nomination of Mr. Robert G.P. Cm. All board members present voted in favor of approving the motion for Mr. Robert G.P. Cruz as the seventh member of the Guam Election Commission. Acting Chairman J. Taitano administered the oath of office to Mr. Robert G.P. Cruz.
2. Selection ofChairman- Acting Chairman John Taitano called for the nominations for Chairman of the Guam Election Commission Board. Board member J. Mesa nominated board member John Taitano and board member Florencio Ramirez nominated board member John Terlaje. Acting Chairman John Taitano called for the vote for board member John Terlaje. Board members Florencio Rarnirez, Alice Taijeron, Robert Cruz and John Terlaje voted in favor of John Terlaje as Chairman of the Board. With the majority votes cast in favor of John Terlaje to be the newly elected Chairman for the Guam Election Commission, Acting Chairman J. Taitano then turned the meeting over to him. Regular Board Meeting Minutes Page 3 of 3 October 10,2007
3. Meeting with UOG Computer Center re: VoterRepistration fistem. Executive Director Taitano reported that there is a concern with the ability to print reports due to the printers currently being used are obsolete and parts are hard to come by. At this point Executive Director Taitano asked Tony Elliott, IT manager, for the Election Commission to comment on any updates so far he stated that he is working on out sourcing printers.
IV. PUBLIC COMMENTS - None.
V. LITIGATION UPDATE - Legal Counsel reported on the Supreme Court appeal in Proposal A - Raising the Drinking Age to 21 sponsored by Coalition 21 and Dr. Thomas Shieh. He stated that there were certain findings and rulings of Judge Barcinas in that particular case that the board instructed legal counsel to seek guidance fiom the Supreme Court to have its rulings overturned Legal Counsel continued to state that there is one rule from 3 GCA Chapter 17 that says the affidavits on the initiative petitions, as long as the circulators sign the sworn statement which attest that the signatures they receive are of legitimate voters over the age of majority residents of Guam then that is self authenticated and self verifying. There is another section in the law that states that the Guam Election Commission has to verify each and every signature. Judge Barcinas read that particular language as the Guam Election Commission to literally verify the signatures by comparing the signatures on the initiative pages against the signatures on the affidavit of registration. That is only one issue among others that the court mandated or ordered the Guam Election Commission to follow. Based upon the courts determination that we have violated our administrative rules he cancelled Proposal A vote on the general election ballot. The court has not scheduled a hearing date as of yet but the board will be kept up to date by legal counsel. Board member J. Mesa asked what would in turn happen after the court makes their decision on the appeal. Legal counsel responded to state that if the Supreme Court overturns the decision it would then go back to Judge Barcinas to be relitigated. After further discussion Executive Director Taitano stated that with Judge Barcinas decision to compare signatures it will in turn delay the certification process. Board member J. Taitano asked legal counsel how the board goes about changing the rules already in place. Legal counsel stated that the administrative rules were created by the board and in order to modify or terminate them the board would have to go through the triple AAA, the Administrative Adjudication law. Judge Barcinas interpreted Section 18 which calls for the verification of signatures. The court defined the word verification to mean the signatures on the petitions are to be verified against the document. that exist at the Guam Election Commission. Board member J. Mesa questioned if the courts interpretation of verification is applicable for initiative petitions and for nominating petitions. Legal counsel stated that section eighteen only pertains to initiatives, referendums and recalls and was not extended to everything else but Judge Barcinas decision opened the door for that argument in the future.
Board member J. Taitano questioned the remaining tam for legal counsels contract. Legal counsel stated that it's every two years and we are currently at the later part of the first year and expires October 19,2007. Chairman J. Terlaje asked that Legal counsel Cesar Cabot be excused during the discussion of reviewing his contract. Chairman J. Terlaje recommended retaining legal counsel until a request for proposal is given and his firm to accept. Vice Chairman J. Taitano motioned to extend Cesar Cabot as legal counsel until the end of the year upon review. Board member A. Taijeron, seconded the motion. All were in.favor.
VI. EXECUTIVE SESSION - None.
W. ADJOURNMENT.
On October 10,2007, at 6:25 p.m., Vice Chairman J. Taitano, moved for the Board to adjourn its regular board meeting. Board Member A. Taijeron, seconded the motion. All were in favor and the meeting adjourned.
Submitted by: Approved by:
GERALD A. TAITANO JOHN C. TERLAJE Executive Director Chairman - - ---. -______------_.______------> From: Jennifer Santos
VOTES PERCENT
;OVERNOR AND LIEUTENANT GOVERNOR /OTE FOR 1 (WITH 58 OF 58 PRECINCTS COUNTED) CALVO / TENOR10 (REP) ...... GIJTIERREZ / AGUON (DEM)...... WRITE-IN VOTE (REP) ...... WRITE- IN VOTE (DEM) ...... Total ...... Over Votes ...... Under Votes ...... SUPPLEMENTAL DECLARATION
I, CARLO BRANCH, do hereby declare and state as follows:
1) On December 21,2010, I submitted a Declaration attached as an Exhibit in the a Petition for Writ of Mandamus, Prohibition, andlor Other Appropriate Relief. 2) During the morning hours of December 23,2010, I went to the Office of the Governor's Legal Counsel at Adelup and spoke to Ms. Jennifer Santos wherein I requested a copy of a nomination letter and/or resolution from the Republican Party in regards to Mr. Joseph Mesa and Ms. Martha Ruth. Ms. Santos graciously provided me with a copy of the following materials attached as exhibits marked sequentially from my previous Declaration:
i) Letters of December 13, 2010 from Chairman Jess Q. Torres nominating Mr. Mesa and Ms. Ruth marked, respectively, as Exhibit Nos. 10 and 11.
ii) Governor Camacho's letters dated December 22, 2010, appointing Mr. Mesa and Ms. Ruth as Members, marked, respectively, as Exhibits 12 and 13. iii) Four (4) Democratic Party of Guam Resolutions set forth below: a) Resolution No. 2006-01, dated June 27, 2006, nominating Ms. Alice Taijeron, marked as Exhibit 14. b) Resolution Nos. 2007-01, 2007-02, and 2007-03, dated February 16, 2007, nominating Ms. Taijeron, Mr. Horencio T. Ramirez, Jr., and Mr. John C. Terlaje, marked respectively as Exhibit Nos. 15, 16 and 17. 3) Attached as Exhibit 18 is an e-mail chain between myself and Ms. Santos evidencing further inquiries into whether any resolution preceded the new appointments for Ms. Ruth or Mr. Mesa. I declare under penalty of perjury, that the foregoing is true and correct. Dated this 23rd day of December, 2010. REPUBLICAN PmTY OF GUAM Post Offrce Box 1846 Hagatna, Guam 96910
December 13,2010
Honorable Felix P. Camacho Governor of Guam OFFICE OFTHE GOVERNOR OF GUAM Ricardo J. Bordallo Governor's Complex, Adelup P.O. Box 2950 Hagdtfia, GU 96910
Hdfa Adai Governor Camacho:
I have been verbally informed by the Guam Election Commission that the term of Mr. Joseph Mesa, the RepublicanPartyof Guam's representative to the Guam Election Commission has expired.
The following individuals are hereby nominated for consideration as the Republican Party of Guam representative to the Guam Election Commission - Mr. Joseph Mesa, Mr. Ray C. ~enavente,and ~r. Rudy Mantanane.
The Republican Party of Guam respectfully requests the reappointment of Mr. Joseph Mesa to the Guam Election Commission for another term. He continues to serve the people of Guam and the Republican Party of Guam with integrity and professionalism.
Republican Party of Guam
EXHIBIT I WPUBLICAN PARTY OF GUAM Post Omce Box 1846 Hagatna, Guam 96910
December 13,2010
Honorable Felix P. Camacho Governor of Guam OFFICE OF THE GOVERNOR OF GUAM Ricardo J. Bordallo Governor's Complex, Adelup P.O. Box 2950 HagdtTio, GU 96910
Hdfa Adai Governor Camacho:
I have been verbally informed by the Guam Election Commission that the term of Ms. Martha C. Ruth, the Republican Party of Guam's representative to the Guam Election Commission has expired.
The following individualsare hereby nominated for consideration. as the Republican Party of Guam representative to the Guam Election Commission - Ms. Martha C. Ruth, Ms. Elaine P. Gogue, and Ms. Cecilia S. Delgado.
'the Republican Party of Guam respectfully requests the reappointment of Ms. Martha C. Ruth to the Guam Election Commission for another term. She continues to serve the people of Guam and the Republican Party of Guam with integrity and professionalism.
Republican Party of Guam , . ., .... Y.4 11; %.',.. .'. 7 *' .:-:... ,-! . - ; -?, .~s~.sL ,, . . 0~68 @i(Jefijt ep~@~~~~~fi~tZ ...fa<,-- .. - i 9de -1 * 4 yj ., ir. , . . ,, . . , . PO. Box 2950 Haghila, GU 96932 --:.-. 5 .:..../ ./ Tel: (671) 472-8931 Fax: (671) 47'7-4826 Email: [email protected]
Felix E? Camacho Governor
A-fichaelW. Cruz, ,V.I.I. Liet~te~~lltztGOI)P~~OI-
Joseph Mesa P.O. Box 1232 Hagbtiia, Guam 96932
Dear Mr. Mesa:
On June 18,2007, you were previously appointed to serve on the Guahan Election Commission. The term has since expired. Now, therefore, by virtue of the authority vested in me pursuant to the Organic Act of Guahan and the laws of Guahan applicable to this position, I hereby reappoint you to serve as a Member of the Guahan Election Coinmission for a new term of two (2) years.
Aeruyan Magzhet,
FELIX P. CAMACHO I Adaga 'k6hen Gdahan Governor of Guahan ..- '- . B - " : '., .,.3-" '!' ' , : 4- - - - ..
.., ' . -2%.-rYL-e t \ Qfigde @acwfijjap y~@~~c~~a.i2. - ,, . v1 :I " : <, 7 :.- .. . PO. Box 2950 HagHtfia, GU 96932 . . ! ,' .-.-:-.:. .-.-:-.:. ..- Id:(671) 472-8931 Fas: (671)477-4826 Email: [email protected]
Felix I? Camacho Govertzor
,Michael W. Cruz, nj.lx Lierrtenmt Govtrrror
Martha Ruth P.O. Box EA HagAtiia, Guam 96932
Dear Ms. Ruth:
On October 29, 2008, you were previously appointed to save on the Guahan Election Commission. The term has since expired. Now, therefore, by virtue of the authority vested in me pursuant to the Organic Act of Guahan and the laws of Guahan applicable to this position, I hereby reappoint you to serve as a Member of the Guahan Election Commission for a new term of two (2) years.
Silzsevu yan Magdhet,
~ELIXP. CAMACHO I Maga 'lihen Guahan Governor of Guahan
DEMOCRATIC PARTY OF GUAM
RESOLUTION NO. 2007 - 01
MEMBER GUAM ELECTION COMMISSION
WHEREAS, three (3) members of the Guam Election Commission are from the Democratic Party of Guam;
WHEREAS, the three (3) membersJterm expires on February 23, 2007;
WHEREAS, the expiration of the three (3) members does not provide an adequate representative for the Democratic Party;
NOW, THEREFORE, BEIT RESOLVED, that the Central Executive Committee of the Democratic Party of Guam, do hereby norninate Ms. Alice M. Taijeron, as the Democratic Party Representative to the Guam Election.
THlS RESOLUTION WAS.DULY PASSED, THlS 16TH DAY OF FEBRUARY, 2007.
CERTIFIED: ATTESTED:
Chairperson Secretary DEMOCRATIC PARTY OF GUAM
RESOLUTION NO.2007 - 02
MEMBER GUAM ELECTION COMMISSION
WHEREAS, three (3) members of the Guam Election Commission are from the Democratic Party of Guam;
WHEREAS, the three (3) members' term expires on February 23, 2007;
WHEREAS, the expiration of the three (3) members does not provide an adequate representative for the Democratic Party;
NOW, THEREFORE, BE IT RESOLVED, that the Central Executive Committee of the Democratic Party of Guam, do hereby nominate Mr..Florencio T. Ramirez Jr., as the Democratic Party Representative to the Guam Election.
THIS RESOLUTION WAS,DULY PASSED, THlS 16TH DAY OF FEBRUARY, 2007.
CERTIFIED: ATTESTED:
Chairperson Secretary DEMOCRATIC PARTY OF GUAM
RESOLUTION NO. 2007 - 03
MEMBER GUAM ELECTION COMMISSION
WHEREAS, three (3) members of the Guam Election Commission are from the Democratic Party of Guam;
WHEREAS, the three (3) members' term expires on February 23, 2007;
WHEREAS, the expiration of the three (3) members does not . .
provide an adequate. representative. for the Democratic Party;
NOW, THEREFORE, BE IT RESOLVED, that the Central Executive Committee of the Democratic Party of Guam, do hereby nominate Mr. John C. Terlaje, as the Democratic Party Representative to the Guam Election.
THlS RESOLUTION WAS,DULY PASSED, THlS 16TH DAY OF FEBRUARY, 2007.
CERTIFIED: ATTESTED:
w Chairperson Secretary TheGovernor's Office - Guam Mail - Gec Apointments Page 1 of 2
Carlo Branch
Gec Apointments 3 messages
Carlo Branch
Thanks so much for all the help this morning. I understand that no resolutions preceeded the new appointments for Martha Ruth or Joe Mesa(12/22/10). Should any be forwarded to our Office at a later date please let me know.
Thanks so much as always,
* Jennifer Santos
From: Carlo Branch [mailto:carlo.branch~auam.aov] Sent: Thursday, December 23, 2010 9:48 AM To: Jennifer Santos Subject: Gec Apointments
[Quoted text hidden] -a
Jennifer Santos
From: Carlo Branch [mailto:[email protected]] Sent: Thursday, December 23,2010 9:48 AM To: Jennifer Santos Subject: Gec Apointments
Jenn: The Governor's Ofice - Guam Mail - Gec Apointments
[Quoted text hidden]
GOP - GEC Nomination Letters.pdf 31K DECLARATION I, JOHN DELA ROSA, do hereby declare and state as follows:
1) I am a resident of Guam. 2) I am employed as the Chief Operating Officer of Guam News Watch, CW4. 3) Attached hereto as Exhibit "19" is a copy of a video-disc which Guam News Watch videotaped of the November 6, 2010 meeting of the Guam Election Commission pertaining to a Motion to Certify the result of a machine recount of the General Election for the 0 gubernatorial race. The original of this disc can be found in the Office of Guam News Watch. 4) I have reviewed the transcript of the videotape prepared by Mrs. Mary B. Pangelinan, which is attached to her Declaration, and can attest that it is an accurate and true transcription of the videotape. I declare under penalty of perjury, that the foregoing is true and correct. Dated this 26th day of December, 2010.
JOHN D@A ROSA. CD ROM DECLARATION
I, MARY B. PANGELINAN, do hereby declare and state as follows:
1) I am a resident of Guam. 2) I have no personal interest in the outcome of this case. 3) I am a retired Superior Court of Guam Court ReporterITranscriber. a 4) On December 25,2010, I was requested to transcribe a part of a video disc of the November 6, 2010 Guam Election Commission meeting regarding a Motion to Certify the result of a machine recount of the General Election for the gubernatorial race.
5) The November 6,2010 meeting was video-taped by CW4, a local TV news station. 6) Attached hereto as Exhibit "20" is a true and accurate transcript of the Motion to Certify. I declare under penalty of perjury, that the foregoing is true and correct. Dated this 26th day of December, 2010. GUAM ELECTION COMMISSION November 6,2010
Present:
Alice Taijeron Josh Tenorio Martha Ruth John Terlaje Joe Mesa Robert Cruz Cesar Cabot, Legal Counsel
1 MADAME CHAIRWOMAN: ...election of November 2nd,2010 ...
2 All right. The Board is ready to make a...
3 MR. MESA: Madame Chair, in light of the hand count -- I mean the machine count
4 results -- I move to certify.
5 MADAME CHAIRWOMAN: There's a motion on the floor to certify.
6 MR. TERLAJE: I'll second the motion.
7 MADAME CHAIRWOMAN: Second by member Mr. Terlaje.
8 Any discussion on the motion?
9 [Negative response.]
10 MADAME CHAIRWOMAN: All right. All those in favor raise your right hand.
11 ALL: Aye. [Affirmative response by all.]
12 [Hands were raised by all members.]
13 MADAME CHAIRWOMAN: The motion passes. The results for the November 2nd12010
14 general election has been certified, all right, with the exception of the Washington delegate,
15 which will be addressed on November 16~,at 4pm. EXHIBIT 20 1 All right. So, we have certified Calvo-Tenorio at 20,066, and the team of Gutierrez-Aguon
2 at 19,579, meeting the 50 plus one. We still have to address ...
3 MR. TERLAJE: Okay. I'll move to recess.
4 MADAME CHAIRWOMAN: Okay. We're recessed until November 16'" at 4pm.
5 MR. MESA: Second.
6 MADAME CHAIRWOMAN: Okay. Second? Second by member Mesa. All right. This
7 meeting is in recess. Thank you.
8 [Session recessed.] DECLARATION I, VINCENT P. ARRIOLA, do hereby declare and state as follows: 1) I am a resident of Guam and the Democratic Party Executive Director since January 2009 to the present date. 2) As the Executive Director, my duties include working with the Central Executive Committee of the Party, assisting the chairwoman, Pilar C. Lujan, and the representatives to the Democratic Party National Committee, setting up meetings for the party, maintaining Party records, and the like. 3) In the past few days I have reviewed the records of the Democratic Party to locate Resolutions pertaining to the Party's nomination of names to the Governor to appoint for membership in the Guam Election Commission and the following constitutes the results of my review: i) I was able to locate four (4) Resolutions passed in 2006 and 2007 pertaining to the nominations of Alice Taijeron (twice) and one (1) each for Florencio Ramirez, Jr., and Johri Terlaje, all as set forth in Mr. Carlo Branch's Supplemental Declaration of December 23, 2010 which I have reviewed. ii) I was unable to locate any Resolution passed in 2009 pertaining to the nominations of Alice Taijeron, John Terlaje, or Joshua Tenorio. 4) I have personal knowledge that the nominations sent to Governor Felix Camacho on July 27, 2009 for Ms. Taijeron, Mr. Terlaje and Mr. Tenorio to be reappointed as Members to the Guam Election Commission were done simply via one letter signed by Chairwoman Pilar C. Lujan, and not by a duly passed resolution of the Democratic Party. 5) I hereby attest that the four (4) Resolutions of the Democratic Party of Guam attached to Mr. Branch's Declaration are true and correct copies which can be found in the Party's records. I declare under penalty of perjury, that the foregoing is true and correct. Dated this 26th day of December, 2010.
VINCENT P. ARRIOLA