Jose v. Mesa

503 F.2d 1048 Manuel L. JOSE, Plaintiff-Appellant, v. Tomas R. MESA, Jr., Executive Director of the Elections Commission, Territory of Guam and the Elections Commission, Territory of Guam, Defendants-Appellees, Joseph M. Borja, Intervenor-Appellee. No. 74-2343. United States Court of Appeals, Ninth Circuit. Sept. 20, 1974. Manuel L. Jose, in pro per. Jack Rosenzweig (argued), Agana, Guam, for defendants-appellees. Joseph M. Borja pro per. Trapp, Gayle, Teker, Weeks, & Friedman, Agana, Guam, for intervenor-appellee. Before CHOY, Circuit Judge, and PENCE * and KING, * District judges. OPINION PER CURIAM: 1 Appellant, a Guam citizen, brought this action against certain Guam election officials challenging the island's primary system for the selection of party candidates for governor and lieutenant governor. Under a statute amended in 1974, 2933(a) of the Government Code of Guam, a slate of candidates for the top two executive positions need only receive a plurality of the vote in the June primary to be nominated for the November general election. Appellant claims that this contravenes 6 of the Organic Act of Guam, 48 U.S.C. 1422. Passed by Congress in 1968, 6 for the first time…