Ada

Ada v. Government of Guam

Bad Law
179 F.3d 672·99 Daily Journal DAR 3653·1999 WL 221861·1999 U.S. App. LEXIS 7502·99 Cal. Daily Op. Serv. 2802
United States Court of Appeals for the Ninth CircuitApril 19, 1999No. 98-17306California4,615 words

Opinion

Lead Opinion

Tashima, J.

On November 3, 1998, Guam held a general election in which Carl T.C, Gutierrez and Madeleine Z. Bordallo (together “Gutierrez”) ran against Joseph F. Ada and Felix P. Camacho (together “Ada”) for the offices of governor and lieutenant governor, respectively. Gutierrez received 24,250 votes, and Ada garnered 21,200 votes. After the Guam Election Commission certified Gutierrez as the winner, Ada filed suit in federal court seeking a declaration that Gutierrez was not elected by a majority of the votes cast, as required by the Guam Organic Act and a writ of mandamus requiring a runoff election to be held. The district court granted Ada’s petition for a writ of mandamus. Gutierrez appeals, contending that the district court misinterpreted federal law and therefore erred in ordering a runoff election. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), 1 and we affirm.

I.

48 U.S.C. § 1422 sets forth the qualifications for the offices of governor and lieu *675 tenant governor of the Territory of Guam and the electoral procedures for filling these offices. See 48 U.S.C. § 1422 (1987). The governor and lieutenant governor are elected jointly; therefore, candidates for these…

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