CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 11/1/2023 1

Prompt Delivery of Absentee Ballots by Guam 

United States v. Guam 

(Frances M. Tydingco-Gatewood, D. Guam 1:10-cv-25) 

On October 6, 2010, the Justice Department filed a federal action to 

enforce Guam’s compliance with the Uniformed and Overseas Citizens Absentee Voting Act. Guam filed a notice that it would not 

oppose the action, and after an October 13 hearing the district court 

ordered compliance. For elections in 2012, the district court issued 

a stipulated order of compliance, because Guam had not yet 

achieved compliance legislatively. 

Subject: Absentee and early voting. Topics: Absentee ballots; 

Uniformed and Overseas Citizens Absentee Voting Act 

(UOCAVA). 

The U.S. Department of Justice filed a federal complaint1 against Guam in 

the district court in Hagåtña on October 6, 2010, to enforce the federal requirement that absentee ballots be sent to overseas voters at least forty-five 

days before a federal election,2 as provided by the 2009 Military and Overseas 

Voter Empowerment (MOVE) Act’s3

 amendment to the 1986 Uniformed 

and Overseas Citizens Absentee Voting Act (UOCAVA).4 With its complaint, the department filed a motion for a temporary restraining order and a 

preliminary injunction.5

On the following day, Judge Frances M. Tydingco-Gatewood issued an 

order to show cause on October 13 why the court should not grant the department injunctive relief.6

 On the third day, Guam filed a notice that it 

would not oppose the department’s motion for injunctive relief,7 so Judge 

Tydingco-Gatewood ordered that the October 13 hearing resolve the merits 

of the action.8 Judge Tydingco-Gatewood’s management of this case was 

greatly facilitated by the parties’ cooperation.9

1. Complaint, United States v. Guam, No. 1:10-cv-25 (D. Guam Oct. 6, 2010), D.E. 1. 

2. 52 U.S.C. § 20302(a)(8)(A). 

3. Pub. L. No. 111-84 § 579(a), 123 Stat. 2318, 2322 (part of the National Defense Authorization Act for Fiscal Year 2010, 123 Stat. 2189). 

4. Pub. L. No. 99-410, 100 Stat. 924, as amended, 52 U.S.C. §§ 20301–20311; see Erin 

Thompson, GEC Holds Special Meeting, Pac. Daily News, Sept. 30, 2010 (reporting that 

Guam missed the September 18 deadline for sending out absentee ballots). See generally

Robert Timothy Reagan, Overseas Voting: The Uniformed and Overseas Citizens Absentee 

Voting Act (Federal Judicial Center 2016). 

5. Motion, United States v. Guam, No. 1:10-cv-25 (D. Guam Oct. 6, 2010), D.E. 2. 

6. Order, id. (Oct. 7, 2010), D.E. 9. 

Tim Reagan interviewed Judge Tydingco-Gatewood for this report by telephone on November 16, 2012. 

7. Notice, United States v. Guam, No. 1:10-cv-25 (D. Guam Oct. 8, 2010), D.E. 12. 

8. Order, id. (Oct. 8, 2010), D.E. 15. 

9. Interview with Hon. Frances M. Tydingco-Gatewood, Nov. 16, 2012. 
Prompt Delivery of Absentee Ballots by Guam 

2 Federal Judicial Center 11/1/2023 

After the October 13 proceeding,10 Judge Tydingco-Gatewood (1) ordered compliance with UOCAVA, (2) ordered that cast absentee ballots sent 

by November 2 and received by November 15 be counted for the congressional delegate race, and (3) ordered Guam to provide the court with reports 

on its compliance efforts.11

For the 2012 elections—a September 1 primary election and the November 6 general election—Guam had still not enacted legislation that was compliant with UOCAVA.12 Judge Tydingco-Gatewood, therefore, issued a stipulated order on July 13 requiring Guam to provide UOCAVA voters with 

email as an electronic option for absentee voting.13

10. Minutes, United States v. Guam, No. 1:10-cv-25 (D. Guam Oct. 13, 2010), D.E. 18. 

11. Order, id. (Oct. 13, 2010), D.E. 19; see Election Commission to Manually Count Absentee Ballots Today, Pac. Daily News, Nov. 16, 2010, B. 

12. Order at 2, United States v. Guam, No. 1:10-cv-25 (D. Guam July 13, 2012), D.E. 27. 

13. Id. at 2–5; see Status Update, id. (Aug. 1, 2013), D.E. 30 (confirming Guam’s compliance with the order); see also Reagan, supra note 4, at 21.