Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gutierrez v. Ada

January 19, 2000

CARL T. C. GUTIERREZ AND MADELEINE Z. BORDALLO, PETITIONERS V. JOSEPH F. ADA AND FELIX P. CAMACHO


Court Below: 179 F. 3d 672

SYLLABUS BY THE COURT

Syllabus

OCTOBER TERM, 1999

GUTIERREZ v. ADA

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES

GUTIERREZ et al. v. ADA et al.

Certiorari To The United States Court Of Appeals For The Ninth Circuit

No. 99-51.

Argued December 6, 1999

Decided January 19, 2000

The Organic Act of Guam, 48 U. S. C. §1422, provides, inter alia, that "[i]f no [slate of] candidates [for Governor and Lieutenant Governor of Guam] receive[s] a majority of the votes cast in any election, . . . a runoff election shall be held." Petitioners, candidates running on one slate for Governor and Lieutenant Governor, received a majority of the votes cast for gubernatorial slates in the 1998 Guam general election, but did not receive a majority of the total number of ballots that voters cast. Respondents, petitioners' opponents, sought a writ of mandamus ordering a runoff election. The District Court issued the writ, and the Ninth Circuit ultimately affirmed, interpreting the statutory phrase "majority of the votes cast in any election" to require that a slate receive a majority of the total number of ballots cast in the general election.

Held: The Guam Organic Act does not require a runoff election when a candidate slate has received a majority of the votes cast for Governor and Lieutenant Governor of the Territory, but not a majority of the number of ballots cast in the simultaneous general election. Section 1422 contains six express references to an election for those offices, two of them preceding the phrase "in any election," and four following. So surrounded, "any election" can only refer to an election for Governor and Lieutenant Governor, for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.