Title 48Territories and Insular PossessionsRelease 119-73

§1422b Vacancy in office of Governor or Lieutenant Governor

Title 48 › Chapter CHAPTER 8A— - GUAM › Subchapter SUBCHAPTER II— - THE EXECUTIVE BRANCH › § 1422b

Last updated Apr 6, 2026|Official source

Summary

If the Governor is only temporarily sick or away, the Lieutenant Governor must do the Governor’s job. If the Governor dies, resigns, is recalled, is permanently disabled, or for any other reason the office is vacant (including a Governor-elect who cannot serve), the Lieutenant Governor or Lieutenant Governor-elect becomes Governor for the rest of the term and must serve until a successor is duly elected and qualified at the next regular election for Governor. If the Lieutenant Governor is temporarily unable to serve or is acting as Governor, the Speaker of the Guam Legislature acts as Lieutenant Governor. If the Lieutenant Governor dies, resigns, is permanently disabled, or has become Governor, the Governor appoints a new Lieutenant Governor with the legislature’s approval to serve the rest of the term and until a successor is duly elected and qualified at the next regular election for Lieutenant Governor. If both offices are temporarily vacant, Guam law names who acts as Governor. If both offices are permanently vacant, Guam law tells how to fill the Governor for the rest of the term. No extra pay is given to someone just acting as Governor or Lieutenant Governor unless they become the actual officeholder under these rules.

Full Legal Text

Title 48, §1422b

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.
(b)In case of a permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall, or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor.
(c)In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the speaker of the Guam Legislature shall act as Lieutenant Governor.
(d)In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.
(e)In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.
(f)No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the provisions of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1968—Pub. L. 90–497 designated existing provisions as subsec. (a), substituted provisions that the Lieutenant Governor have the powers of the Governor in the event of the temporary disability or temporary absence of the Governor for provisions authorizing the appointed department head to designate an acting Governor in the case of a vacancy or temporary absence of both the Governor and the Secretary of Guam, and added subsecs. (b) to (f). 1962—Pub. L. 87–419 provided for appointment of an acting secretary under certain conditions, prescribed the powers of such secretary and proscribed additional compensation for an acting Governor or acting secretary.

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other

Amendments

unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.

Reference

Citations & Metadata

Citation

48 U.S.C. § 1422b

Title 48Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73