On September 3, Arnold Davis filed his opening brief in the Ninth Circuit in Davis v Guam, 13-15199. The issue is who should be allowed to register to vote, in an upcoming election over the future political relationship between Guam and the United States. Guam law says such a vote will be held as soon as at least 70% of the eligible voters have registered to vote. The Guam law also says that no one can register for this election unless they are descended from people who lived on Guam in 1899. The intent of that part of the law is to confine the election to the Chamorro people who were the traditional residents of Guam for centuries into the past.
Davis is a full-time resident of Guam who is permitted to vote in other Guam elections, but not the upcoming election on the status of the island because his ancestors didn’t live in Guam. The U.S. District Court ruled against him on the grounds that because the date of the election has not been set, and may never be set, his case is not ripe.