Ads by Google Ads by Google

Vui granted right to intervene in election challenge appeal

Associate Justice John Ward granted a motion allowing Tualauta Representative Vui Florence Saulo to intervene in the appeal to the election challenge brought by Tualauta Candidate Lucia Bartley against the Chief Election Officer that is currently before the Appellate Court. 

 

The challenge lodged by Bartley was denied by the Election Office noting that Saulo has satisfied the U.S. National requirement for candidates for the American Samoa House of Representatives, in accordance with Article II Section 3 of the American Samoa Constitution.  Bartley then appealed the ruling to the Appellate Court.

 

The hearing on the motion to intervene was held yesterday afternoon, where Gwen Tauili’ili Langkilde attorney for the Election office and Bartley’s attorney Richard DeSaulles, did not object. Marcellus Talaimalo Uiagalelei and Toetasi Tuiteleleapaga represent Saulo.

 

Saulo in her motion notes in her notice of joining Respondent’s Motion to Dismiss that Bartley does not identify any firm or conclusive evidence to support her claims. “It’s clear what Bartley’s intentions are with her challenge that does not go directly to the issue of nationality, but rather an attack on the legitimacy of Intervener’s birth certificate.”

 

Saulo says that American Samoa birth certificates are produced by the Department of Medical Services and recorded with the Registrar of Vital Statistics and the Election Office has no part to play in their production or recording.

 

“Therefore, to launch a formal complaint on someone’s birth record before the Chief Election Officer is obviously and utterly senseless. And to further challenge the authenticity of such public records before this Court, in a process meant for election disputes, has no legal basis in fact or law.”

 

Through her attorney, Saulo is asking the court to dismiss this action based on those arguments presented in the petition, and those of the Respondent (the Chief Election Officer) in his Motion to Dismiss.  She also asked for reasonable attorney fees for having to defend against this frivolous action and award to her “such other relief that this Court may deem equitable and just.”

 

During the hearing, Uiagalelei requested the court for an expedited hearing in this matter given that this election petition has halted the sending out of the absentee ballots for the off island voters. Ward pointed out that an order has been signed and issued for an expedited hearing in this matter. The hearing is scheduled on October 2, 2014.