Govendo expected to rule today in Rota election protest

Superior Court Associate Judge Kenneth Govendo is expected to issue a ruling today in connection with Rota Mayor-elect Joseph Songao Inos’ motion to dismiss the election protest filed by Vicente Manglona Atalig.

After listening to the testimony and arguments during a hearing on Wednesday that ended past 5pm, Govendo stated he would make a decision from the bench today at 2pm.

At the hearing, an employee of the Postal Office testified with respect to mailing procedures.

Atty. Perry Inos argued on behalf of his father Joseph Inos, who also attended the proceeding.

Attorney Stephen Woodruff, counsel for Atalig, opposed the motion. Atalig was also present in court.

Assistant Attorney Generals James Livingstone and Arin Greenwood came on behalf of the Commonwealth Election Commission and its commissioners.

In a telephone interview yesterday, Perry Inos said the hearing went “pretty well” and that they are now eagerly waiting for Govendo’s ruling.

Perry Inos clarified that the judge did not examine the 72 unopened ballot envelopes.

Govendo only expressed that he would like to see for himself those envelopes, the lawyer said.

An election official was apparently overheard as saying during the recess that the judge wanted to see the subject ballot envelopes.

Perry Inos said he did not see the envelopes taken to the court.

Perry Inos complained that Atalig filed his reply to the motion less than two years before the scheduled hearing.

The Saipan Tribune contacted Woodruff yesterday, but he was not available.

Atalig has sought a court action to count the 72 unopened ballot envelopes. He sued CEC and its commissioners Miguel M. Sablan, Miranda V. Manglona, Henry S. Atalig, Frances M. Sablan, Elizabeth DLG. Aldan, Melvin B. Sablan, Jose L. Itibus, and Jose P. Kiyoshi.

Atalig, of GOP, also named Inos as a real party in interest co-defendant Joseph Inos, of the Covenant, who received 11 more votes according to the CEC tabulation.

Joseph Inos moved to dismiss the lawsuit. Through his son attorney Perry B. Inos, he asserted that Atalig’s election challenge failed to comply with mandatory jurisdictional time limitations.

“The time constraints for contesting an election result, moreover, are clear and unequivocal, and the deadline for filing an election contest based on ballots rejected for lack of a discernible postmark has long since passed,” Perry Inos said, adding that Atalig, for whatever reason, chose to delay filing his election protest.

The Attorney General’s Office, on behalf of CEC and its commissioners, earlier also moved to drop the lawsuit, asserting that it is meritless and that the election challenge is too late.