Benavente v Taitano, Director Guam Election Commission [2006] GUSC 16; 2006 Guam 16 (12 December 2006)

IN THE SUPREME COURT OF GUAM

ROBERT L.G. BENAVENTE, TRINI T. TORRES,
FRANK DUENAS CRUZ, PETER ANTHONY SAN NICOLAS,
JAMES THOMAS MCDONALD,
Petitioners-Appellants,

vs.

GERRY TAITANO, DIRECTOR,
GUAM ELECTION COMMISSION and
THE GUAM ELECTION COMMISSION,
Respondents-Appellees.

Supreme Court Case No.: CVA06-015
Superior Court Case No.: SP0140-06

OPINION

Filed: December 12, 2006
Cite as: 2006 Guam 16

Appeal from the Superior Court of Guam
Argued and submitted on November 28, 2006
Hagåtña, Guam

For Petitioners-Appellants: Thomas J. Fisher, Esq. Van de veld Shimizu Canto & Fisher Suite 101, De La Corte Bldg. 167 East Marine Corps Dr. Hagåtña, Guam 96910

For Respondents-Appellees: Cesar Cabot, Esq. Cabot Mantanona LLP Bank Pacific Bldg., Second Fl. 825 S. Marine Corps Dr. Tamuning, Guam 96913

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; RICHARD H. BENSON, Justice Pro Tempore; J. BRADLEY KLEMM, Justice Pro Tempore.

CARBULLIDO, C.J.:

[1] Petitioners-Appellants Robert L.G. Benavente, Trini T. Torres, Frank Duenas Cruz, Peter Anthony San Nicolas, and James Thomas McDonald (collectively, "Petitioners") appeal from the trial court’s grant of summary judgment in favor of Respondents-Appellees Gerry Taitano, Director of the Guam Election Commission and the Guam Election Commission (collectively, "the Commission"), which confirmed the results of the September 2, 2006 Primary Election pursuant to 3 GCA § 12115.

[2] We hold that the trial court erred in voiding the iVotronic votes cast by the voters of Guam, and to this extent, we reverse. However, we hold that the trial court properly concluded, with respect to the claimed statutory violations on the part of the Commission, that any errors did not affect the outcome of the election, and for this reason, summary judgment in favor of the Commission was proper. We also hold that the Guam law requiring the cancellation of a party primary is constitutional, and that the trial court’s grant of summary judgment in favor of the Commission in this regard was also proper. As such, we affirm the trial court’s ultimate conclusion confirming the results of the September 2, 2006 Primary Election.

[3]