Gutierrez v. Ada, 528 U.S. 250, 4 (2000)

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

Opinion of the Court

Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and qualified." 48 U. S. C. § 1422.

Respondents' position boils down to the claim that the phrase "majority of the votes cast in any election" requires that a slate of candidates for Governor and Lieutenant Governor receive a majority of the total number of ballots cast in the general election, regardless of the number of votes for all gubernatorial slates by those casting ballots. If this is the correct reading of the phrase, the parties agree that a runoff was required. If, however, the phrase refers only to votes cast for gubernatorial slates, no runoff was in order, and petitioners were elected Governor and Lieutenant Governor.

The United States District Court for the District of Guam read the statute to require a majority of the total number of voters casting ballots in the general election and so ruled that the Gutierrez slate had not received "a majority of the votes cast in any election." The court accordingly issued a writ of mandamus for a runoff election to be held on December 19, 1998, Ada v. Guam, No. Civ. 98-00066 (Dec. 9, 1998), App. to Pet. for Cert. A-25, A-55.

Although the Court of Appeals for the Ninth Circuit issued an emergency stay of the District Court's order pending appeal, 179 F. 3d, at 676, it ultimately affirmed. The Court of Appeals understood the reference to "majority of the votes cast" as meaning "all votes cast at the general election, for Congress presumably would not have included the phrase 'in any election,' if it meant to refer only to the votes cast in the single election for governor and lieutenant governor." Id., at 677. The court thought that any other reading would render the phrase "in any election" a "nullity." Ibid. The Court of Appeals also relied on a comparison of § 1422 with

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