San Nicolas twits Dela Cruz’s interpretation of voting law

Tinian mayor-elect Joey Patrick San Nicolas has expressed dismay over incumbent Tinian Mayor Ramon Dela Cruz’s allegations of fraud and claim that he won by 53.5 percent of the vote from people residing on Tinian.

This developed as Superior Court Presiding Judge Robert C. Naraja heard on Friday San Nicolas’ and Commonwealth Election Commission’s separate motions to dismiss Dela Cruz’s election contest. Naraja placed the motions under advisement.

In an interview after the hearing, San Nicolas said that according to Dela Cruz, through his counsel Mark Hanson, the mayor was voted by 53.5 percent of people of Tinian or those residing on Tinian.

San Nicolas said that being on Tinian doesn’t mean these voters are the only ones allowed to vote under the law.

“Under the law, if you as the parents decide to move to the States and have your child educated, say in Guam or Oregon, and you maintain your domiciliary, you maintain your residency,” the former attorney general said.

San Nicolas said an 18-year-old from Tinian High School who joins the military and serves the country, whether in another country or within the United States, his vote is still equal to anyone who stays on Tinian.

“To say that only the people of Tinian, only the people who reside on Tinian, that their voice should only be the ones to be considered, I think that’s wrong,” he pointed out.

San Nicolas said if Dela Cruz or Hanson has a problem with the statute or status of certain people’s residency, he can talk to the Legislature and the Commonwealth Election Commission.

“But for me to sit there and listen to Mr. Hanson say in open court that Mr. Dela Cruz won because 52 percent of people who reside on Tinian said he should win is false, is wrong,” he said.

San Nicolas said many people leave Tinian for different reasons.

“Over my life I left Tinian at least three times. Two times to get an education, one time as member of the Attorney General’s Office. I never left Tinian. My heart was always there,” San Nicolas said.

Attorney Viola Alepuyo, Matthew Gregory’s co-counsel for San Nicolas, said that Hanson bringing up the fraud allegations in court could be likened to just throwing candy around.

Alepuyo said Dela Cruz alleges that all these fraud should be cause enough to hold another election for Tinian mayor.

“The problem is because you are alleging this fraud, basically you’re saying that the Department of Public Safety, the Office of the Public Auditor, the Election Commission, the Attorney General’s Office and their investigation unit are all in cahoots, they’re all conspiring…” Alepuyo said.

In a separate interview, Hanson said the point is that the election system on Tinian is broken.

“Many people were allowed to vote from off island that have no ties to the island. The system is allowing it. This is the evidence of that fraud,” Hanson said.

If not for the complete recount of the ballots, the lawyer said, they would have not known the extent of the fraud.

“Bottom line, the problem is the people of Tinian don’t believe it. They have no faith in the results and they want to redo it again and they deserve to do it again,” Hanson said.

The lawyer said the people of Tinian would have to live with the results of the election for four years. “And they want to know that it’s their choice. That they have not been scammed, that the election was not stolen,” he said.

In his opposition to the motions to dismiss, Hanson said this election contest is still, at its core, a fight about fairness and integrity in the election process and the expectation of the people of Tinian that their votes count.

He said Dela Cruz won 53.5 percent of the vote on Tinian, a clear majority of the people of Tinian for which Tinian is actually their home.

Hanson said this Tinian election was undone by the 42 percent of those claimed “Tinian residents” that voted elsewhere by absentee and early voting on Saipan.

“This election was an example of how the absentee and early voting system has run amok,” he said.

Hanson said voters from the mainland that haven’t lived on Tinian for many, many years were allowed to vote. He said voters registered and voting in Guam were allowed to vote on Tinian too.

Hanson said many voters that have never had any legitimate ties to Tinian were allowed to vote.

He said the people of Tinian got an election marred by fraud and fatal mistakes by the CEC, which is the gatekeeper to the voting booth.

Hanson added that an evidentiary hearing must proceed to shed light on the improprieties in the Tinian election that “must surely lead to a new and fair election.”

In CEC’s motion to dismiss, CEC counsel Chief Prosecutor Brian Flaherty reiterated the commission’s earlier arguments that Dela Cruz’s allegations of irregularities are not sufficient to change the final result of the election.

Flaherty said at the recounting of the votes, San Nicolas won by nine votes over Dela Cruz, 705-696.

At the counting during the Nov. 4 election day, San Nicolas edged Dela Cruz with only seven votes, 703-696.

Flaherty argued, among other things, that there is insufficient evidence produced at the recount and asserted by Dela Cruz in his complaint that irregularities or improper conduct in the election proceedings, if any occurred, are sufficient to rise to the level of actual prejudice against Dela Cruz.

In San Nicolas’ motion, Alepuyo argued that the reason why there are observers at the polling places is to see if there is irregularity.

Alepuyo cited that at the polling places, there were election workers, DPS officers, OPA personnel, and others.

Alepuyo said during two days of recounting and reconciling of ballots, the court observed how the CEC board and staff meticulously examined the individual ballots.

The lawyer said she submits that CEC follows the regulations of the election law.

“There is human error. But does it mean that there is irregularity? No!” Alepuyo stressed.

Alepuyo cited that CEC has exhibited a 99.863 accuracy percentage in conducting the Nov. 4 election for Tinian.

The lawyer said Dela Cruz actually received the same number of votes between the counting on election night and during the recounting of votes on Tinian.

Alepuyo said it is time for the court to make a decision by dismissing Dela Cruz’s lawsuit so the people of Tinian can move on and the parties can start the healing process.