Gutierrez v. Ada, 528 U.S. 250, 2 (2000)

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Cite as: 528 U. S. 250 (2000)

Opinion of the Court

required even though one slate already had a majority of all those who cared to choose among gubernatorial candidates. Requiring a majority of the total number of voters on election day would also be in some tension with § 1422a, which provides for removal of a Governor or Lieutenant Governor upon the vote of at least two-thirds of the total number of persons who actually voted for such office, not the total number who went to the polls. Respondents' two considerations pointing to a contrary reading—that because § 1712 specifically states that "a majority of the votes cast for . . . Delegate" is necessary to elect a Delegate, § 1422 would require a comparably clear modifier to refer to sufficient votes to elect gubernatorial slates; and that this Court's reading of "any election" would render that phrase a nullity and thus offend the rule against attributing redundancy to Congress—are rejected. Pp. 254-258.

179 F. 3d 672, reversed and remanded.

Souter, J., delivered the opinion for a unanimous Court.

Seth M. Hufstedler argued the cause for petitioners. With him on the briefs were Shirley M. Hufstedler, Diane E. Pritchard, and F. Philip Carbullido.

Dennis P. Riordan argued the cause for respondents. With him on the brief were Donald M. Horgan, Dylan L. Schaffer, Robert H. Bork, and Curtis Charles Van De Veld.*

Justice Souter delivered the opinion of the Court. The question here is whether the statute governing elections for Governor and Lieutenant Governor of the Territory of Guam compels a runoff election when a candidate slate has received a majority of the votes cast for Governor and Lieutenant Governor, but not a majority of the number of ballots cast in the simultaneous general election. We hold that the statute requires no runoff.

I

In the November 3, 1998, Guam general election, petitioners Carl T. C. Gutierrez and Madeleine Z. Bordallo were can*William J. Carter and M. Miller Baker filed a brief for the Voting Integrity Project as amicus curiae urging reversal.

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