Holder, through the U.S. Attorney’s Office, separately filed in the District Court of Guam a motion for temporary restraining order and preliminary injunction against the defendants, which include GEC Executive Director John Blas, in his official capacity, to ensure that the absentee voters exercise their right to suffrage on Nov. 2.
If the TRO is granted, GEC is required to first, notify absentee voters the option to receive their ballots for the federal general election by mail; second, by email; third, count any otherwise valid absentee ballots from voters, including ballots that were transmitted to the voter by email; and federal write-in absentee ballots executed and sent by Nov. 2, 2010 and received by Nov. 15, 2010.
“An order of this court is necessary requiring defendants to take corrective action in order to protect the rights granted by the Uniformed and Overseas Citizens Absentee Voting Act and to ensure that Guam’s UOCAVA voters have sufficient opportunity to receive mark, and submit their ballots in time to have them counted for the Nov. 2, 2010 general election for federal office,” part of the six-page complaint reads.
GEC legal counsel Rawlen Mantanona said they have two days to answer the complaint which is scheduled to be heard on Oct. 13.
“We have an order to show cause on Oct. 13 and we have two days to answer and we’re going to file by Friday,” he said.
According to the complaint, the defendants violated the Uniformed and Overseas Citizens Absentee Voting Act as amended by the Military and Overseas Voter Empowerment Act.
The UOCAVA provides that military and overseas voters can participate in elections through the absentee registration and voting processes in elections for federal office.
The federal absentee voting law requires the absentee ballots to be sent out 45 days prior to an election for federal office or Sept. 18.
However, GEC only received its absentee ballots on Sept. 24 apparently because they got stuck in Hawaii. They were only mailed to the absentee voters on Oct. 1 or 32 days before Nov. 2.
To date, 100 ballots for the Guam congressional election have been mailed and are expected to be returned on or before Nov. 2.
The Guam election law, however, mandates absentee ballots must be received by the close of the polls on election day to be counted.
