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Dela Cruz’s election contest to be heard Monday
»Judge orders CEC to make arrangements for recount of votes
Superior Court Presiding Judge Robert C. Naraja will hear on Monday, Dec. 1, the election contest filed by Tinian Mayor Ramon M. Dela Cruz that seeks to force a recount of the ballots for Tinian mayor.
In an order on Monday, Naraja said the hearing will be at the Tinian Superior Court at 9am.
Naraja said that prior to the hearing, the Commonwealth Election Commission shall make arrangements for the recount to be performed before the court.
The judge said the hearing will consist of three parts: (1) a recount to be performed by CEC; (2) an evidentiary hearing regarding all issues presented in the contest; and (3) a hearing on the motion to dismiss the lawsuit.
Naraja said the CNMI’s election contest statutes were changed significantly in 2010 with the enactment of Public Law 17-11.
Subsequently, Naraja said, there have been no cases interpreting the recently amended statute and thus Dela Cruz’s lawsuit is a case of first impression.
With this backdrop in mind, the judge said he finds Dela Cruz’s complaint sets forth enough facts to satisfy the actual prejudice requirement entitling him to a hearing.
Naraja said in light of the expeditious timing requirements prescribed under the statute, Dela Cruz’s opposition to the motion to dismiss shall be due no later than today, Wednesday.
He said any reply to the opposition is due no later than Friday.
Dela Cruz filed the lawsuit on Nov. 12. Tinian mayor-elect Joey Patrick San Nicolas filed his answer on Nov. 17. CEC filed its answer and accompanying motion to dismiss also on Nov. 17. San Nicolas then filed a partial joinder to CEC’s motion to dismiss.
CEC has already officially declared San Nicolas of the NMI Republican Party as the winner of the Nov. 4 mayoral election by seven votes over Dela Cruz (Independent), 703 to 696 votes.
In his lawsuit, Dela Cruz, through counsel Mark B. Hanson, alleged several irregularities during the election, including a discrepancy between the votes cast for Tinian mayor tabulated on Tinian and the tabulation on Saipan of the votes physically cast on Tinian for Tinian mayor.
In his answer to the lawsuit, San Nicolas, through counsel Matthew T. Gregory, denied any irregularities.
