Lawsuit Filed over Which Voters Can Vote in Guam Plebescite

The Guam government is planning on holding a plebescite soon over whether Guam should be an independent country, a state, or “free association”, which presumably means the status quo. On November 22, a Guam resident who is a U.S. citizen filed a lawsuit against the restrictions that say the only voters who can register to vote in this election are those who received U.S. citizenship as a result of the passage of the 1950 Organic Act of Guam, and their descendants. Here is the 10-page complaint. The case is Davis v Guam and Guam Election Commission, cv-11-00035.

Roughly speaking, the Guam residents who received citizenship as a result of the 1950 Organic Act of Guam were the Chamorro people, the island’s inhabitants before the island was discovered by Spanish explorers. The lawsuit argues that the limit on who can vote in the upcoming plebescite violates the 15th amendment. The Guam government points out that people of other ethnic groups also were covered by the 1950 Organic Act, and some Chamorro people were not covered by the 1950 Act. Justin Raimondo has this commentary about the lawsuit at antiwar.com.


Comments

Lawsuit Filed over Which Voters Can Vote in Guam Plebescite — 10 Comments

  1. “Free Association” is a form of independence recognized by the United Nations. The USA has “Free Association” treaties with the Northern Marianas and Palau.
    The rest of the story is very interesting. We’ll have to see how the lawsuit develops.

    I did not see when is the referendum scheduled to be held.

  2. More madness.

    How come NMP was NOT merged with Hawaii a LONG time ago ???

    See the Victory At Sea TV episode about the liberation of Guam in 1944 from the Japanese Empire invaders.

    P.R. and nonpartisan App.V.

  3. #1 Apparently the plebiscite has been proposed since 1997 when 70% of the eligible voters had registered, but the effort had languished (only 300 registered by 2004). The new governor (elected in 2010) made this a campaign issue.

    Bill 154 as introduced provided for registration during the 2012 elections (eg one could register for the plebiscite when they voted), with the election and possible runoff to be held in 2014 (3 options). The 70% registration threshold would have been removed.

    The version that passed (signed into law September 30) provided for an education program, with the election to happen once the voters were sufficiently educated about the options. The commission in charge was also told to develop the education program, including timelines within 60 days of the bill becoming law. The commission had not met for some time, but has been reactivated, so it is possible that a more definite date will be set real soon now. This recent activity is probably what prompted the new lawsuit.

  4. Jim Riley

    Is Guam having the same problems that the Hawaiian Soverignty Election Council had? How are they
    dealing with the issues of blood quantum for who is
    to take part in the elections?

    Sincerely, Mark Seidenberg,
    Chaqirman, American Independent Party of California

  5. #5 I don’t know. How did California decide who was eligible to participate in the constitutional convention of 1849 and the subsequent plebiscite?

    If the People of Guam were to exercise their sovereignty by forming an independent government, Arnold Davis (the plaintiff in the lawsuit) might or might not become a Guam citizen. If Guam were to become a State he would by virtue of his US citizenship and residence in Guam be a citizen of the State of Guam. So how do you decide who gets to vote.

  6. Jim Riley,

    This goes to the heart of the issues before the United
    States Supreme Court in Pearcy v. Stranahan circa 1907.

    In California however, it had an elected President, viz., President William Ide with his Government recognized by only one foreign state, viz., that of the
    Kamehameha III. The United States Government did not
    recognize the Goverment of the California Republic as it
    did with the Government formed at Oregon City in the 1840’s.

    Remember this issue also came up in that of Boris I of
    Andorra (under International Law) when he recognized the
    House of Stewart as the de jura soverign of France and thereby making himself a vassel of the House of Stewart
    during his short rein over Andorra.

    California joined the United States under the Tennessee
    Plan.

    Remember the coup in Guam under the Junta lead by Venancio Roberto before the Navy set up its own goverment on that island.

    Sincerely, Mark Seidenberg, Chairman, American Independent Party

  7. TO: Jim Riley

    Some of the number were elected from the 10 districts
    others were just seated by the authority of the delegates themselves.

    As for John Paty himself he was commissioned with the
    rank of Commadore by King Kamehameha III in 1846 and as
    Consul to the Pacific Northwest Coast (including California to set-up contact with President William Ide.

    John Paty was naturalized a citizen of Hawai’i and as
    such carried out diplomatic activities of the Kingdom
    of Hawai’i in Californaia. When I was a student at the
    University of Hawai’i, I recall that Commodore Paty
    also annexed Jarvis Island in the Pacific Ocean into
    the Hawaiian Islands, thereby making Jarvis Island de jura an Hawaiian Island and part of the claimed State of Hawai’i of the United States under the authority of the Newlands Resolution. Commodore Paty home was in Upper Manoa near the campus of the University of Hawai’i. Jarvis Island was not excluded from the 1959
    Hawai’i Statehood Act. The Paty home was located on
    Paty Drive.

    Sincerely, Mark Seidenberg,
    Chairman, American Independent Party of California
    .

  8. To Dem Rep

    The Confederate States had strong support in Southern
    California. In fact the Los Angeles County Mounted Rifles left California and went to Texas to fight the
    War of Northern Aggression. Arizona Territory joined
    Confederate States of America in 1861 (150 years ago).

    Sincerely, Mark Seidenberg, Chairman,
    American Independent Party of California

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