Vol. 35 No.49
       ©2007 Marianas Variety
Wednesday, May 23, 2007 www.mvariety.com
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Supreme Court denies Underwood petition

By Mar-Vic Cagurangan
Variety News Staff

“IT’S final. It’s over. Democracy has prevailed,” Gov. Felix P. Camacho said yesterday, heaving a sigh of relief at the U.S. Supreme Court’s decision on his defeated opponent’s petition.
The nation’s highest court on Monday dismissed the election petition filed by Democrat Robert Underwood, who sought a “clarification” on last November’s gubernatorial election.
“The people have spoken, so it’s time for this island to move forward past the election,” the governor said in a telephone interview.
Underwood said he was disappointed but not surprised with the court’s decision. “Frank and I knew all along that it was going to be a long shot, but we were happy with the outpouring of support,” said Underwood, who ran with former Sen. Frank B. Aguon Jr.
Despite the election defeat, Underwood said he will remain in politics. “Frank and I still want to participate in the governance of the island. We are looking at 2008,” he said, referring to the next general elections.
The Underwood-Aguon team, represented by Paul Smith, a Washington, D.C. lawyer, sought a review of the Guam Supreme Court’s Dec. 2006 ruling which validated the Guam Elections Commission’s decision to throw out 504 overvotes.
In upholding the election of Camacho and his running mate, Mike Cruz, now the lt. governor, the Guam justices held that the 504 voters who “overvoted” did not express their will in deciding who should be the next governor and lt. governor.
The U.S. Supreme Court declined to review the Underwood petition.
The governor said he was never worried that the nation’s highest court would reverse the local judiciary’s decision. “I’ve always believed in the wisdom of the Guam Supreme Court and their interpretation of the law. It was a clear-cut case: whoever gets more votes is the winner,” Camacho said.
“Lt. Gov. Mike Cruz and I are elated but not surprised. We anticipated that the Supreme Court would not entertain the petition. The Supreme Court’s decision to deny the petition is final and there’s nowhere else to go,” the governor said.
While acknowledging the finality of his court battle, Underwood maintained that the question he raised would resurface in future elections.
“The same situation will arise and the issue can still be litigated because the Supreme Court has not ruled one way or the other,” Underwood told Variety.
But as far as Camacho is concerned, there is nothing more to be said about the court’s decision. “Every step of the way has validated our position. We were sworn into office last January and for the next four years, that will not change,” the governor said.
“It’s really unfortunate that they had to put their supporters through all this. I thank the people who supported me and the people who stood behind me throughout the campaign,” he added.
Underwood also extended his gratitude to his supporters who, he said, “continued to support a government that is honest and has integrity and a government that knows how to conduct elections properly.”
When asked if he had anything to say to the governor, Underwood said: “I hope that he balances the next budget and that he opens up his administration to the public, the people and to the media.”.