Guam Election Commission v Responsible Choices for All Adults Coalition [2007] GUSC 20; 2007 Guam 20 (28 December 2007)

IN THE SUPREME COURT OF GUAM

GUAM ELECTION COMMISSION,
Respondent-Appellant,

v.

RESPONSIBLE CHOICES FOR
ALL ADULTS COALITION
and FRANKLIN P. LEON GUERRERO,
Petitioners-Appellees,

COALITION 21,
Intervenor-Appellee.

Supreme Court Case No. CVA06-018
Superior Court Case No. SP0154-06

OPINION

Filed: December 28, 2007
Cite as: 2007 Guam 20

Appeal from the Superior Court of Guam
Argued and submitted on October 19, 2007
Hagåtña, Guam

Appearing for Respondent-Appellant: David W. Hopkins, Esq. Cabot Mantanona LLP BankPacific Bldg., Second Flr. 825 S Marine Corps Dr. Tamuning, GU 96913	Appearing for Petitioner-Appellee: Anita P. Arriola, Esq. Leevin T. Camacho, Esq. Arriola, Cowan & Arriola C & A Bldg., Ste. 201 259 Martyr Street Hagåtña, GU 96910
	Appearing for Intervenor-Appellee: Seaton M. Woodley, III, Esq. Law Office of Seaton M. Woodley, III Rte. 4, Tanaka Bldg., Ste. 102 Hagåtña. GU 96910

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

CARBULLIDO, C.J.:

[1] Intervenor-Appellee Coalition 21 petitioned to have a ballot initiative, Proposal A, placed on the November 2006 ballot. The initiative would change the legal age for purchasing and possessing alcohol from eighteen to twenty-one. Respondent-Appellant Guam Election Commission ("GEC") allegedly failed to comply with numerous statutes and regulations related to processing the ballot initiative, and a writ of mandamus was requested by Petitioners-Appellees Responsible Choices for All Adults Coalition and Franklin Leon Guerrero (collectively "Responsible Choices"), a group of citizens opposed to Proposal A. The lower court granted the writ of mandamus, ordering that GEC either remove the initiative from the ballot or decline to certify the results. GEC appeals that ruling, arguing that the lower court’s ruling was erroneous in multiple respects. We affirm, finding that GEC has violated numerous election statutes and regulations.

I.