The CNMI Supreme Court yesterday placed under advisement the appeal filed by defeated Rota mayoral candidate Vicente Manglona Atalig on the trial court\u2019s dismissal of his election challenge.<\/p>\n
Former Associate Justice and Lt. Gov. Jesus Borja and former Presiding Judge Edward Manibusan joined Associate Judge Juan T. Lizama in the appellate panel as justices pro tempore.<\/p>\n
Unlike the Superior Court proceedings where emotions were high, the counsel from all parties calmly argued the respective positions of their clients.<\/p>\n
Most of those who attended the hearing were relatives and supporters of Rota mayor-elect Joseph Songao Inos. <\/p>\n
Attorney Stephen C. Woodruff, counsel for Atalig, asserted, among other things, that there is no question that the election complaint was filed not within the seven-day period, but within the 15-day deadline provided by law.<\/p>\n
Woodruff argued that Superior Court Associate Judge Kenneth Govendo is wrong when he dismissed the election protest on grounds that it was time-barred because it was filed outside the seven-day time limit set forth in the statute.<\/p>\n
\u201cThat\u2019s not what the statute says,\u201d the lawyer pointed out. \u201cThe question is what the Commonwealth Election Commission did in this case. The appellees want to rewrite the law.\u201d <\/p>\n
In response to Lizama\u2019s question whether Atalig wants a lenient application of election law, Woodruff said that what they are asking for is the strict and exact application of the law.<\/p>\n
Assistant attorney general Arin Greenwood, counsel for CEC and its commissioners, reiterated their position that the law is clear that an election protest must be filed within seven days.<\/p>\n
\u201cYou cannot just sit on it and wait to get a better complaint,\u201d Greenwood said.<\/p>\n
Attorney Perry Inos, counsel for his father Joseph Inos, said the fact alone that Atalig knew that there were 72 ballots that were not counted should alarm him [Atalig] enough to run to the court.<\/p>\n
\u201cWhy did he wait? Why did he wait that long?\u201d asked Perry Inos, adding that actual prejudice is not required at all in filing an election protest.<\/p>\n
Perry Inos was still delivering his arguments when the Saipan Tribune left the courtroom late yesterday afternoon.<\/p>\n
Atalig filed the lawsuit demanding a court action to count the 72 unopened ballot envelopes. He sued CEC, its commissioners and Joseph Inos. Atalig got 11 more votes than Jospeph Inos.<\/p>\n
Govendo dismissed the lawsuit. <\/p>\n","protected":false},"excerpt":{"rendered":"
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