CEC incurred $11,995 for Tinian recount

The Commonwealth Election Commission incurred $11,995 in expenses for the two-day recounting and accounting of votes in connection with the election challenge filed by incumbent Tinian and Aguiguan Mayor Ramon M. Dela Cruz over the victory of Joey Patrick San Nicolas in the Tinian mayoral race.

CEC executive director Robert Guerrero disclosed in an interview on Wednesday that the expenses do not include the attorney’s fee of the Office of the Attorney General for the two-day recounting and accounting held at the Tinian Superior Court last Dec. 1 and 3.

Chief Prosecutor Brian Flaherty served as the lead counsel for CEC in the lawsuit.

Guerrero said under the law, Mayor Dela Cruz has to pay the expenses, but CEC and the government have to submit a petition for payment in court.

He said all seven CEC commissioners, including chair Frances M. Sablan, attended the recounting and accounting.

Guerrero said six CEC staff along with some personnel from the Department of Finance attended the proceedings as they were also subpoenaed to testify.

He added that technical people for the tabulation machines were present for the recounting.

The executive director said the Department of Public Safety likewise sent boats to Tinian for a security team.

He said a security team from Saipan was provided because there were rumors then that there might be problems during the recounting of votes.

Guerrero said DPS incurred fuel costs for the boats and personnel costs.

He said the expenses were for per diem allowance of CEC commissioners and staff, airfare, hotel and food expenses, rent a car, and shipping costs of the ballots.

Last Dec. 11, Superior Court Presiding Judge Robert C. Naraja issued an order dismissing Dela Cruz’s election challenge.

Naraja ruled that in light of the evidence obtained at the recount, Dela Cruz’s remaining claims do not satisfy the actual prejudice requirement and the complaint must be dismissed.

Naraja said Dela Cruz’s remaining claims only challenge seven votes in total and even if these seven votes were determined to be invalid, it would not be enough to overcome San Nicolas’ nine vote lead after the recount.

At the court-ordered recounting of votes at Tinian Superior Court last Dec. 1, San Nicolas still prevailed over Dela Cruz, this time by nine votes, 705-696.

San Nicolas of the Republican Party won by seven votes, 703-696, over Dela Cruz (Independent) during the first counting of votes. CEC has already certified the initial result.

In his lawsuit, Dela Cruz alleged several irregularities during the Nov. 4 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. He also alleged that seven votes were cast by voters serving sentences for a felonies.

The first stage of the recount was conducted last Dec. 1 on Tinian. The recount showed that Dela Cruz garnered 696 votes, San Nicolas got 705, while David Cing received 47.

The second part of the recount, which was held last Dec. 3, CEC recounted and inventories the total number of ballots used during the election. CEC commissioners also accounted for and performed a reconciliation of the absentee voter registration procedures.

Following the second part of the recount, CEC and San Nicolas renewed their motions to dismiss, arguing that Dela Cruz’s remaining claims were either resolved by the recount or failed to satisfy the actual prejudice requirement under the statute.

In his order, Naraja said Dela Cruz failed to challenge seven felony voters prior to election day and now seeks to challenge them after the time allotted by statute.

Naraja said the Legislature specifically provided a detailed rubric in which to bring a challenge, and Dela Cruz failed to follow such procedure.