Rota election protest dismissed

Superior Court Associate Judge Kenneth Govendo yesterday dismissed the election protest filed by Vicente Manglona Atalig against his closest rival, Rota Mayor-elect Joseph Songao Inos.

“The law is very clear here and in other jurisdictions. You can twist it, you can turn, you can put it upside down. But seven days is seven days,” said Govendo in granting Inos’ motion to dismiss Atalig’s lawsuit.

Atalig’s election challenge was not filed within the seven-day rule as required by the statute, said the judge as he explained that the motion is granted on jurisdictional grounds only.

“The intent of the election law is to resolve election contest as quickly as possible…” said Govendo, adding that it is not a tough complaint.

He cited there has been talk about fraud.

But Govendo said there is no proof or evidence whatsoever that there were fraudulent acts committed in the election.

In an interview with the Saipan Tribune after the hearing, Joseph Inos said they knew even before the election that the opposing camp would file an election protest.

“I know that this will happen. It is a habit of the Republican Party to come up with excuses. Many simple excuses. I know again that next election they will bring to court and even in the subsequent elections and we can bet on that,” said Joseph Inos of Covenant, who received 11 more votes than Atalig, a GOP.

Joseph Inos’ son and counsel attorney Perry B. Inos said he is very happy with the judge’s order, which he believed is the right one.

“The judge followed the law. The complaint has been filed too late. Just too late,” Perry Inos said.

He said that the complaint should have been filed seven days after learning about the discrepancies in some of the absentee ballots.

“And seven days from Nov. 19. He [Atalig] filed his complaint on Dec. 4 which was just too late over the time limit allowed by the statute,” the lawyer pointed out.

Atalig on the other hand said he is thinking of filing an appeal, but he has to consult his family and supporters.

“But I am very disappointed with the judge’s decision because the seven-day rule should start after the letter was sent by his legal counsel (Antonio Atalig) to the election commission,” Atalig said.

Attorney Stephen Woodruff, counsel for Atalig in the lawsuit, said they are disappointed that Govendo dismissed it on jurisdictional grounds.

“We certainly understand his reasoning with regard to that. But the problem is that the election commission did not follow the law with regard to these ballots. They were supposed to be picked up on 14 days after. That’s mandatory and they did not do that,” Woodruff said.

Woodruff said during the motion hearing on Wednesday, Govendo himself stated that courts often dismiss on jurisdictional grounds when they really don’t want to decide the case.

“This is a very difficult case and I’m sure the judge doesn’t really…he prefers not to have to rule against what the commission election did,” he said.

According to Woodruff, all of the absentee ballots should have been opened so they could be examined as provided by law.

Atalig filed the lawsuit seeking a court action to count the 72 unopened ballot envelopes. He sued the Commonwealth Election Commission 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 also named Inos as a real party in interest co-defendant Joseph Inos.

Joseph Inos moved to dismiss the lawsuit. He asserted that Atalig’s election challenge failed to comply with mandatory jurisdictional time limitations.

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.