The court said the new official count is 64 votes for Rebuenog of the Covenant Party and 62 for Tobias Dela Cruz Aldan, whose lawyer said they will file an appeal.
An Independent candidate, Aldan topped the election last month by one vote — 69 to 68.
But Rebuenog filed a lawsuit, challenging the eligibility of 21 voters.
In his 18-page decision issued yesterday, Associate Judge David A. Wiseman voided the certification of election issued to Aldan and ordered the Commonwealth Election Commission to issue the certification to Rebuenog.
Wiseman said Aldan and the commission are liable to Rebuenog for her fees, costs and expenses.
Rebuenog was represented by attorney Richard W. Pierce. Aldan was represented by Robert T. Torres, while the CEC was represented by Assistant Attorneys General Meaghan H. Shearer and Michael Ernest.
Wiseman said he “determined whether the alleged illegal voters were residents of the Northern Islands through four factors — if there was a fixed habitation; if the voter intended to return after being absent; if there was a permanent dwelling; and if there was physical presence.”
Seventeen disqualified voters were required to state in open court for whom they voted in the mayoral election.
Wiseman found Rebuenog to be a qualified voter in the Northern Islands, adding that her qualifications as a candidate were not at issue.
Wiseman ruled that 18 of the 21 voters whose eligibility were challenged by Rebuenog were not qualified to vote in the Northern Islands mayoral election.
He said seven of the disqualified individuals voted for Aldan while four voted for Rebuenog.
Aldan’s counsel, Torres, said they will file an appeal.
“Aldan takes exception to the ruling,” the lawyer said. He will pursue this matter with the Supreme Court.”
Aldan remains undaunted and steadfast in his view that the court did not correctly apply the election statute, Torres said.
“Therefore, we maintain that [the] ultimate outcome would be that Aldan is the lawful victor of the election,” he added.
