Candidate Peter S. Sitan was declared on April 22, 2005 as the winning candidate for the Chuuk Congressional Election District No. 1 following the revote for the upper Mortlocks on April 20, and the candidates were given until April 29 to file a petition with the National Election Director.
On April 29, incumbent Senator Henry C. Asugar did file a petition with the National Election Director, alleging that irregularities occurred at the Pohnpei Special Polling Place (SPP) for Chuuk Congressional Election District No. 1 (the Mortlocks) during the March 8, 2005 election. "In particular, he demanded that "the Pohnpei Mortlock SPP be set aside on the fact that over 50 Pohnpeian requested to vote and over 30 of them voted in the November 11, 2003 Pohnpei State Election," stated Edward in is reply to candidate Asugar's Post- Certification Petition.
Asugar supported his petition by submitting the same two lists that he had faxed to Edward's Office on April 7, which Edward considered in his April 14 decision not to conduct a revote at the Pohnpei SPP for the Mortlocks on the same date as the revote of the Weno VAAPP ballot box for the upper Mortlocks. The first list contains the names of 30 individuals along with their Chuuk and Pohnpei voter registration numbers as well as the regular polling places in Pohnpei at which Asugar believed they were also registered to vote. The second list is a copy of the signature list for the Pohnpei special polling place for the Mortlocks on which Asugar highlighted or otherwise noted the entries of 58 voters that he believes are registered voters in Pohnpei or duplicate entries. Aside from the above, Asugar provided no further evidence in support to his allegations regarding the Pohnpei SPP for the Mortlocks.
Edward decided to deny Asugar's petition as it pertains to his allegations regarding the Pohnpei SPP for the Mortlocks based on three grounds; (1) Procedurally, Asugar's petition is untimely, (2) As a matter of law, Asugar fails to allege an election irregularity upon which relief may be granted to him under the National Election Code and (3) Asugar failed to provide that it is more likely than not that the alleged irregularities could have resulted in the election of a candidate who would not have won had the irregularities not occurred. Upon denying Asugar's petitions regarding the April 20th revote of the Weno VAAPP ballot box for the upper Mortlocks and the Pohnpei SPP for the Mortlocks, Edward reaffirms his decision to certify Candidate Sitan as the winner of the Chuuk Congressional Election District No. 1.