Gutierrez v. Ada, 528 U.S. 250, 8 (2000)

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

Opinion of the Court

pense of which would not make any apparent sense when those who expressed any preference among candidates had already given a majority to one of them.

As a final confirmation of the obvious reading, we note that requiring a majority of the total number of voters on election day would be in some tension with § 1422a, which provides for recall elections for Governor and Lieutenant Governor. Section 1422a(b) provides that "[a]ny Governor, Lieutenant Governor, or member of the legislature of Guam may be removed from office by a referendum election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such referendum election." The recall provision thus looks to the total number of persons who actually voted for Governor, not the total number who went to the polls. In a rational world, we would not expect the vote required to oust a Governor to be pegged to a lower number than it would take to elect one.

If all these considerations confirm the reading according to the rule of meaning by association, respondents nevertheless emphasize two considerations said to point the other way. First, as we noted before, § 1712 includes a specific statement that "a majority of the votes cast for the office of Delegate" is necessary and presumably sufficient to elect a Delegate. Without a comparably clear modifier in § 1422 referring to votes sufficient to elect gubernatorial slates, respondents argue, "a majority of the votes cast in any election" must refer to a majority of all those voting for any office. But the drafting difference supports no such inference. Congress adopted the language in § 1712 four years after enacting the phrase at issue in this case, and there is no affirmative indication in § 1712 that Congress gave any thought to differentiating the terms of Delegate and gubernatorial elections. Hence, as we have said before, later laws that "do not

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