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Back Outsider Perspective A good faith one-time offer

A good faith one-time offer

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REGARDING the civil rights issue concerning political status plebiscite voter eligibility – now pending in the Guam District Court – I suggest a way to end the lawsuit and better yet, have the long-awaited status vote this November.

Legal motions are pending and a hearing is expected next month. My attorneys have repeatedly provided the Guam Attorney General with settlement options that would accommodate both points of view and allow a quick and relatively cheap resolution to the lawsuit. Despite a widespread belief that all citizens should participate, no settlement offer has been accepted.

It’s unfortunate that this case has dragged on for as long as it has, primarily because of undue influence by a relatively small segment of the population who view this as an “all or nothing” issue. Equitable settlement is possible, even to the extent that the plebiscite could be conducted concurrently with the 2012 general election. I therefore publicly propose a settlement which should make everybody happy, except for the most radical elements in our island community.

First, the plebiscite will occur in November 2012. Some want to delay and talk, but enough already – let’s vote. Second, every voter in the general election would be handed two pieces of paper. One would list the now familiar three political status choices and the other would read “Are you a Native Inhabitant? Yes or No – circle one.” The two ballots will be cast into separate ballot boxes in each precinct and hand-counted in the same way as votes in another contest in the coming election will be hand-counted.

Using an inexpensive and accepted statistical method called ecological regression, we can ascertain the wishes of self-declared native inhabitants as well as those of everybody else. This precise statistical method was recently used to ascertain the wishes of black voters in Mississippi on a voter ID question. You can read the report at “Pulling Back the Curtain,” Lawyers Committee for Civil Rights Under Law here.

As a gesture of good will, with a view toward resolution of this contentious issue, I will pay the costs of printing the hand-count ballots. Printers have returned quotes of less than $2,000 for the entire island electorate and I am ready and willing to pay it.

This is a limited time offer that expires on Sept.12, as the first hearing on the case is scheduled in District Court on Sept. 18. After that date we will prepare fully for the April 2013 trial even if Guam continues to appear unprepared.

Think about it. After years of bickering and delay we can finally have our vote, everyone will get to participate, and the wishes of native inhabitants can still be ascertained. Best of all, I’ll pay for it.

If this doesn’t work there are many other ways to settle the case and ascertain the wishes of native inhabitants. Why not conduct a private election near the polling places on Election Day? Certainly, one or more of the many interest groups can muster enough volunteers to man a desk and collect privately produced ballots as voters leave the official polls. Alternatively, why not hire a pollster to conduct a poll of a large number of native inhabitants – perhaps 3,000 or more – and send the results to Washington?

We all know those options aren’t acceptable to many, because the stamp of the government isn’t on them, and that’s exactly why I am challenging the government action.

So – it’s a new day. Have an election, on me. You’re out of excuses. Let’s vote!

Comments  

 
-3 #3 Bernard Punzalan 2012-08-30 10:59
Sounds like an "all or nothing" offer. Good faith? Highly questionable. Challenging government? We small segments are too. BTW...Mississippi is a State not a Territory. The Constitution does not follow the flag. You can thank SCOTUS for that.
 
 
-12 #2 Da 2012-08-27 10:37
There is no need for a good faith offer , since this issue affects only eligible Non Chamorros and Chamorros.

They should be the one to arrange a vote, and congress is the authority to change the rules.

So Davis explain why are you trying to push the people who qualify , to do anything?
 
 
+1 #1 Mathew 2012-08-27 09:44
The AGO has been under attack from all sides, as of late. There are those who serve as de facto mouthpieces for former Gov. Gutierrez, among other folks, and they want to return to an appointed AG. Then there are those who are dissatisfied with how the AGO conducts itself on various issues of importance to the people of Guam.

First, Sen. Ben Pangelinan chided the AGO for not wanting to be on the side of taxpayers in the recent class action lawsuit on the refunds issue. I am with the AGO on this one even if the Judge ruled otherwise simply because even if the ruling compelled the Government to pay all the refunds within a hard deadline, there would still be some who will get priority treatment, for obvious reasons. (There is only so much you can do from the bench.)

Second, on this specific plebiscite issue, it is obvious to many that the powers-that-be do not really want anything to do with the forward progress of said issue, for obvious reasons, again. These folks are used to shaking down the Feds -- and other folks -- by playing 'victim-hood', so they are not going to change that tune anytime. (There is only so much you can do from the bench, once again.)

Finally, I remember Sen. Tina Muna Barnes who was willing to include all registered voters in the so-called plebiscite, somewhat similar to the proposed deal in this opinion piece, but she withdrew her proposal after coming under attack from the usual suspects, or the Democratic base.
 

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