Guam Election Comm'n v. Responsible Choices for All Adults Coalition

In Guam Election Comm'n v. Responsible Choices for All Adults Coalition, 2007 Guam 20 (Guam 2007), the Guam Election Commission had placed a ballot initiative on the November 2006 general election ballot that would have raised the legal age for purchasing and possessing alcohol, but failed to comply with numerous Guam statutes and regulations, ultimately resulting in a protester filing a petition for writ of mandamus with the Guam Superior Court on October 12, 2006. Id. Ultimately, the Guam Superior Court granted the mandamus petition on October 25, 2006 -- one week before the election, and after absentee voting had already begun -- and ordered the Guam Election Commission to either remove the initiative from the ballot or not certify the results. Id. On appeal, the Guam Supreme Court affirmed the Guam Superior Court's decision, and expressly held that the Guam Superior Court correctly held that the Guam Election Commission could not rely upon laches and similar equitable doctrines to defeat judicial review, notwithstanding the close proximity to the election, since the protester "acted diligently" to preserve its rights before the election and the delay in the matter being considered by the Guam judiciary was attributable entirely to the Guam Election Commission's repeated failure to comply with Guam law. Id. In Guam Election Comm'n v. Responsible Choices for All Adults Coalition, the Court declined to apply laches. There, the petitioners had been diligent in asserting their claims and there was little or no prejudice caused by the petitioners' delay. 2007 Guam 20 P 83. Petitioners did not file until 26 days prior to the election, but the delay was caused by GEC's failure to timely comply with its statutory and regulatory duties, not by petitioners' lack of diligence. Id. P 83. In Responsible Choices, this court held that an "impartial analysis" and ballot title drafted by GEC were not "impartial" where GEC included the initiative proponent's name and slogan, "Coalition 21 Save Lives, Save Families," and where GEC indicated that the initiative related to the legal age for "consumption" of alcohol, not just purchase and possession as the initiative indicated. 2007 Guam 20 P 47 & n.15.