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The Democratic Party [Of Guam 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.
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