By Mar-Vic Cagurangan
Variety News Staff

FORMER Congressman Robert Underwood yesterday submitted a legal brief to the U.S. Supreme Court, defending his petition for the nation’s highest tribunal to interpret the concept of “votes cast,” which was the basis of his move to challenge the declaration of Felix P. Camacho as the winner in the 2006 gubernatorial election.
Through his attorney Paul Smith, Underwood sought to convince the court that the benefit of interpreting the election rules would not be confined to Guam but would expand to other territories with similar political structures such as Puerto Rico and the Virgin Islands.
In a brief earlier submitted to court, Camacho’s attorney David Mair sought the dismissal of Underwood’s petition for clarification on the results of the 2006 gubernatorial election, saying the legal issues raised by the defeated Democratic candidate have long been settled and do not warrant any reexamination.
Mair also dismissed Underwood’s claim that the question on the definition of “overvotes,” if not resolved now, would result in another electoral crisis in the next gubernatorial election in 2010.
Smith, however, said Camacho could not dismiss the “importance of entering the next gubernatorial election with clear rules.”
“The respondents’ supposed doubts about whether the question presented would be litigated again are dubious when one recalls that it was the respondent Camacho who initiated the previous litigation,” Smith said, referring to the case filed in 1998 by gubernatorial candidate Joseph Ada against Carl Gutierrez. Camacho was Ada’s running mate then.
“This is an issue over which the Supreme Court of Guam does not hold a final word. History shows it will be litigated again at the next opportunity,” Smith added.
The case stemmed from conflicting interpretations of the terms “votes cast” and “overvotes.”
Underwood and his running mate former Sen. Frank B. Aguon Jr. challenged the Guam Election Commission’s decision to declare Camacho and his running mate, Mike Cruz — now the lieutenant governor — winners in the Nov. 7, 2006 election.
The Underwood-Aguon team argued that the Republican team failed to get the majority votes. Both camps have used the same jurisprudence in defending their respective cases.
In December last year, the Guam Supreme Court upheld the Republican victory, agreeing with GEC’s decision to throw out 504 overvotes. The court held that the 504 voters who “overvoted” did not express their will in deciding who should be the next governor and lieutenant governor.
Underwood and Aguon are raising funds that they will use to defray the cost of litigation. They are holding a $75 per plate dinner reception at the Micronesian Room of the Guam Hilton tonight.