Guam - Alleging violations of the U.S. Constitution, the Organic Act of Guam and the Help America Vote Act, the Democratic gubernatorial team of former governor Carl Gutierrez and Senator Frank Aguon, Jr. and 1,000 John and Jane Doe citizens filed a lawsuit in the District Court and Superior Court Friday afternoon against the Guam Election Commission, GEC Executive Director John Blas, all of the GEC's board members, and Governor-elect Eddie Calvo and Lieutenant Governor-elect Ray Tenorio. 

The lawsuits contest the legality and validity of the General Elections, as well as the recount that was held on November 6. Gutierrez and Aguon claim the GEC illegally and arbitrarily deprived numerous citizens and residents of Guam of their right to vote and engaged in misconduct and irregularities and made errors sufficient enough to change the results of the gubernatorial race.

In a 13-page complaint filed with the courts, Attorney David Lujan listed off a number of examples of what they believe are examples of the election being conducted in a "haphazard and arbitrary manner".  Many of the concerns had been submitted to the GEC following the Decision 2010 General Election and included that secret ballots were illegally removed from ballot boxes; absentee ballots were tampered with, resulting in ballots being destroyed or removed; absentee ballots were not mailed to voters who had asked for them or they were sent out too late for voters to return them by November 2; registered voters were turned away at numerous polling sites and not allowed to vote; and the number of ballots issued to voters didn't match the number of ballots returned at various precincts.

Gutierrez and Aguon also allege that people who are not citizens or residents of the United States were allowed to vote. They claim people who weren't 18 years of age voted, illegal ballots were counted and they allege that voters were offered financial incentives and/or other benefits to vote for Eddie Calvo/Ray Tenorio.

The team also took issue with the Commission's legal counsels, as they believe they had a conflict of interest and their family members supported the republican gubernatorial team.

The complaint also alleges that the tabulating machines were malfunctioning, especially during the recount.

They also site other problems and allege that 73 homebound voters were not provided ballots per their request and 3,621 people voted early, but 3,721 early voter ballots were delivered to the precincts on Election Day.

They've asked a federal judge to declare the results and certification of the gubernatorial race invalid and want the GEC to be required to conduct a new election for governor and lieutenant governor.  

Guam Election Commission Executive Director John Blas has not yet been served with the lawsuit, but defends the actions of the Commission during the General Election. "Overall, I believe that the process went fairly smooth and I have a lot of confidence in the results that were tabulated," he told KUAM News

Meanwhile, voters we spoke to had mixed emotions about the lawsuit and going through another election process.  A Yona resident said, "I think it should be put to bed, put to rest," with resident from Agat adding, "I think he should just let it go. That's in my opinion - he should just let it go.  I think that's the final of it [sic]." And from Yigo, one islander said, "The way I see it, the people have spoken. But like I said, they must have a good reason. And if it is, good luck to them."

Calvo/Tenorio campaign manager Frank Arriola meanwhile responded to the legal challenge, saying the Gutierrez/Aguon team has every right to explore this legal option, but that the people have spoken and the GEC unanimously agreed the people elected Calvo and Tenorio.

Meanwhile District Court Chief Judge Frances Tydingco-Gatewood has recused herself from the case.  Her brother, Dan Tydingco, is the co-chair of the Calvo/Tenorio Transition Team.

The matter was referred to 9th Circuit Court of Appeals Chief Judge Alex Kozinski, who will designate another federal judge to preside over the case.