KUAM: Guam
Candidates demand court throw Primary results out
http://www.kuam.com/news/18995.aspxCalling the Decision 2006 Primary Election a "fiasco", two Democratic senatorial candidates believe the Primary Election results should be thrown out. Robert Benavente and Trini Torres allege numerous constitutional violations and argue the people's right to vote was compromised on September 2. Accompanied by their attorneys, the two candidates walked into Superior Court this afternoon with a petition for the court to render the results, still as of this point unverified, null and void.
"It's not for winning or losing," said Benavente, who finished 16th in the senatorial voting, not garnering enough votes to advance to the General Election in November. "It's the integrity of the people of Guam - how they voted, does their vote count. That's the bottom line." Attorneys Curtis Van De Veld and Tom Fisher represent Torres and Benavente, both arguing the election was conducted in violation of the constitutional rights of Guam voters, the Organic Act of Guam, and local law. Said Torres, "We cannot rob a person of his or her Democratic vote than that means it's the right of the person. Democracy is based on the will of the people and vote for the people they want to represent them or govern them."
Attorney Fisher says the petition clearly raises serious allegations that the people's voice was not heard during the Primary, telling KUAM News, "This last election was so flawed. We don't know how many voters were cast. We don't know who the votes were cast for. It's impossible to determine what it was the people of Guam wanted out of this election."
Allegations were raised that included misbehavior by precinct officials by kicking pollwatchers out of the voting sites, some votes not being counted and violations of constitutional rights. Fisher continued, "It's also been a violation of the Constitutional rights of the people of Guam on both sides. Republican electorates were not given the chance to write in a candidate where the statute clearly provides they have that right. While Democrat candidates on the other hand were required to get minimum votes but because of the fact the Guam Election Commission cancelled the primary. Well the republican candidates do not have to get the minimum votes and the Democrats do."