I’M WRITING to agree with part of Gerry Partido’s column, “The handshake and Madeleine’s loyalty test” (Friday, April 13 Variety).

Mr. Partido’s column was excellent, except for the poison pill of an email from Adelup. I’m compelled to comment. According to Mr. Partido, Adelup’s email included the following misinformation:

“What these detractors keep leaving out is the hidden section about the absentee ballots ... a deadline was imposed for the Election Commission to receive the absentee ballots cast. Apparently, there were ballots that came in after the deadline. As in all elections throughout the country, those ballots do not count because they were late ... (But) Section 7118 of Bill 413 legislatively ex post facto moves the deadline, so those ballots count. Where in the world of democracy is that allowed? This is what they’re not telling you about this bill. That section has nothing to do with election reform, and nothing to do with an audit of the prior election. It is a veiled attempt to change the rules of democracy to their overwhelming desire for power.”

“Hidden section?” How did Gov. Calvo and his team find this section, even before the bill was officially transmitted by the Legislature? How do you claim something is “hidden” when it is right there in the document? I guess we’ll have to agree to disagree on the definition of transparency. Absentee ballots are in the same section of Bill 413 (§ 7118: 2010 General Election Ballot Review) that called for auditing the election and posting the information on the GEC website. It seems easier to curse the darkness and create a smokescreen than it is to stick to the facts.

Adelup also apparently didn’t note the acronym “UOCAVA,” or wonder why the words “Uniformed and Overseas Citizens Absentee Voting Act” appears several times in Bill 413, as well as being frequently mentioned during the bill’s discussion on the Legislative floor.

Since 1942, Congress has assisted U.S. citizens to vote while living temporarily outside their voting district. UOCAVA laws were originally enacted for members of the armed forces who were deployed or stationed in foreign countries, and these laws have been expanded to cover citizens who are traveling; at school; on temporary work assignments away from home; and other reasons.

According to the Congressional Research Service (RS20764) “the Department of Justice filed lawsuits against Illinois, New York, New Mexico, Wisconsin, and Guam to ensure that overseas military and civilian voters can fully participate in the Nov. 2 election ... the department filed suit against Guam in early October in federal district court in Hagåtña, and also sought emergency relief to extend the deadline for accepting absentee ballots ... and Guam was ordered by the federal judge to extend the deadline until Nov. 15.”

To answer Adelup’s question: “Where in the world of democracy is that allowed?” For 2010: “Illinois, New York, New Mexico, Wisconsin, and Guam,” and any other jurisdiction of the United States, when an absentee voter is not given enough time under the law, to mark their ballot and have it arrive back home in time to be counted.

Bill 413 does not change election rules after the contest is over, it just provides that every vote legally cast in an absentee ballot should be counted for all election races. In the final analysis, all that is called for in the Election Reform Bill is an audit of the 2010 election. Given Adelup’s shrill reaction, perhaps the real question that should be asked is: “Why is Adelup so afraid of an audit?”

Sen. Rory J. Respicio,
Majority Leader, 31st Guam Legislature