Naraja: No jurisdiction over Dela Cruz’s voter challenge

Superior Court Presiding Judge Robert C. Naraja ruled yesterday that the court has no jurisdiction over the voters’ challenge that was among the issues that incumbent Tinian Mayor Ramon M. Dela Cruz’s brought up in his election contest.

Saipan Tribune learned that Naraja gave the oral order in granting Tinian mayor-elect Joey Patrick San Nicolas’ motion to dismiss yesterday morning at the Tinian Superior Court.

Naraja, however, still placed under advisement the Commonwealth Election Commission’s separate motion to dismiss Dela Cruz’s lawsuit.

Despite the ruling, the evidentiary hearing still pushed through yesterday on Tinian because Dela Cruz’s lawsuit alleges that there were some irregularities during the Nov. 4 general elections.

Attorney Viola Alepuyo, Matthew Gregory’s co-counsel for San Nicolas, told Saipan Tribune that Naraja basically ruled that because Dela Cruz did not challenge those voters in the manner provided by law, the court does not have jurisdiction over the issue.

Alepuyo said the law states that voter eligibility has to be challenged before the election or on the day of the election itself.

“Therefore, Dela Cruz cannot bring the voters’ challenge,” she said.

Dela Cruz alleges, among others, that CEC allowed seven ineligible voters to vote on Tinian.

After yesterday’s evidentiary hearing, Naraja ordered the parties—Dela Cruz, San Nicolas, and CEC—to file any motions by 8:30am today, Thursday.

Naraja will hear the motions at 9:30am today, Thursday, at the Saipan Superior Court.

Saipan Tribune learned that no witnesses were called to the stand at yesterday’s evidentiary hearing.

The CEC board, executive director Robert A. Guerrero, and CEC staff only reconciled the ballots, the voter roster, absentee voter application for ballots, confined voters, and other things.

Both San Nicolas and Dela Cruz appeared at the packed proceeding. San Nicolas appeared with counsel Gregory and Alepuyo. Attorney Mark Hanson served as counsel for Dela Cruz.

The hearing began at 9am and ended at 5:30pm.

At the recounting of votes on Monday at the Tinian Superior Court, San Nicolas still prevailed over Dela Cruz, this time by nine votes, 705-696. San Nicolas of the Republican Party first won by seven votes, 703-696, over Dela Cruz (Independent) during the first counting of votes. CEC has already certified that initial result.