Guam Administrative Code

§ 8304. Standards of Professional Conduct. The Standards of Professional Conduct are set forth as follows: (a) Standard 1: Legal Compliance - An educator shall abide by all federal and Guam laws and statutes. Unethical conduct includes but is not limited to the commission or conv…

§ 8305. Reporting. (a) Educators should be aware of legal requirements and local policies and procedures for reporting unethical conduct. Complaints filed with the Guam Commission For Educator Certification must be in writing with the name, address, a statement of the complaint w…

§ 8306. Disciplinary Action. The Guam Commission For Educator Certification; authority to discipline: (a) The Guam Commission For Educator Commission may suspend the educator certificate of any person for up to 5 years, after which time the certificate may be reinstated; may revo…

§ 8307. Procedures for the Investigative Process and Final Determination of Alleged Ethics Violations and Appeals. (a) In considering and investigating complaints brought before it, GCEC shall follow the procedures set forth in Appendix A to these rules, which are hereby fully in…

§ 8308. Power of Subpoena. In all investigations and disciplinary proceedings, the Commission is authorized to issue subpoenas as provided for by law to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidentiary material…

§ 8309. Severability Clause. If any provision of this rules and regulations or the application of any provision to any person or circumstance, is held invalid or determined to be contrary to federal or other laws governing the certification educators, the remainder of the rules a…

§ 1101. Precinct Board: Appointment. At least ninety (90) days before any regular election is to be held, the Commission will solicit from each recognized political party, nominations of voters to serve as precinct board members. Party 1 COL922014 chairpersons should submit nomin…

§ 1102. Same: Members' Qualifications. The Commission shall determine the qualifications of all precinct officials. Any person who cannot read or write the English language shall be deemed ineligible. Any nominee for an elective office, or a parent, grandparent, spouse, sibling, …

§ 1103. Same: Oath. Upon the administration of the oath of office by a duly authorized official of the Commission, the Oath of Office (Form EC-11) shall be completed. SOURCE: Law governing 3 GCA § 4106.

§ 1104. Same: Oath of Members. The following oath must be taken by all members of the precinct board in the presence of an officer qualified to administer oaths: “I do solemnly swear that I am a voter of the district of ________; that I can read and write the English language; th…

§ 1201. Same: Delivery of Ballots, Machines and Supplies. A Ballot Box/Supply Box and Ballot Transfer Record (Form EC-16) must accompany ballot boxes to each precinct. The Precinct Leader, or in his or her absence, any of the four precinct clerks, shall immediately conduct an inv…

§ 1202. Polling Places. The Commission has the responsibility of developing a layout for each of the polling places in accordance with 3 GCA § 9103. The preparation of the polling place shall be completed prior to the opening of the polls. Prior to any election the Commission sha…

§ 1203. Loss or Destruction of Ballots. The Commission may prepare a form for use by Precinct Officials as an affidavit, in the event that a ballot is lost, damaged or destroyed at the polling place. SOURCE: Law governing 3 GCA § 7113.…

§ 1204. Destruction of Facilities or Removal of Materials and Supplies. Precinct officials are charged with keeping all materials in order and shall immediately notify the Guam Police Department Officer assigned 4 COL922014 to the precinct of any adverse activity within the polli…

§ 1205. Posting Instruction Cards. The Commission shall prepare voter instruction cards and include them in Form EC-12 furnished to each precinct. SOURCE: Law governing 3 GCA § 9106.

§ 1206. Posting Registry Indices. Two (2) copies of the index of registration shall be prepared by the Commission, and provided to each precinct, strictly for the use of voters who may want to verify their registration. The indices must be placed where voters approaching the prec…

§ 1207. Time for Opening and Closing Polls. It is the responsibility of the Precinct Leader to ensure that all precinct board members are present and ready to conduct business when the polls open at seven o’clock a.m. and that they remain throughout until closing of the polls at …

§ 1208. Liquor Sales at Polling Places Prohibited. The precinct board is charged with enforcing 3 GCA § 9110. Precinct officials shall seek assistance from the Guam Police Department, and shall immediately report any violation to the Commission. 5 COL922014…

§ 1209. Solicitation of Votes at Polling Place Prohibited. Enforcement of 3 GCA § 9112 rests with the Precinct officials and the Guam Police Officer assigned to the precinct. Anyone who has actual knowledge of any person soliciting votes on behalf of any candidate or speaking aga…

§ 1210. Roster and Tally List. The Commission shall issue each precinct a roster of all registered voters in that precinct. The roster shall contain the voters’ names, dates of birth and mailing addresses. SOURCE: Law governing 3 GCA § 9116.…

§ 1211. Grounds for Challenge. The precinct board shall address any challenge by a voter for any reason cited in 3 GCA § 9118. The challenge must be duly and fully documented by the precinct board on the Entry of Challenge Form (EC- 14) which shall be surrendered to the Commissio…

§ 1212. Delivery of Ballot by Election Officer Only. Only precinct board member(s) or authorized Election Commission official(s) may handle a marked or unmarked ballot. Anyone other than a precinct board member or authorized Election Commission official 6 COL922014 handling any b…

§ 1213. Voting in Booth. Immediately following certification, a voter is not permitted to leave the enclosed space until the voter has properly deposited his or her ballot(s) into the ballot box(es). SOURCE: Law governing 3 GCA § 9131.…

§ 1214. Time Allotted in Booth. Precinct officials are charged with enforcing 3 GCA § 9112 to ensure that voters do not occupy the voting booth for more than five (5) minutes, unless it is a voter who requires assistance as described in 3 GCA § 9136. SOURCE: Law governing 3 GCA §…

§ 1215. Accounting for Ballots. An accurate accounting of all cast, unused, and spoiled ballots must be entered on Ballot Inventory Sheet (Form EC-13) and signed by all precinct officials. The completed Form EC-13 shall be submitted to Election Commission staff at tabulation cent…

§ 1216. Written Checklists. Written Checklists will be utilized during Elections relative to providing instructions to voters; treatment of absentee ballots and voters; treatment of provisional voters; handling of ballots; dealing with challenges; absentee voting and handling of …

§ 1217. Election Campaign and Campaign Offenses. It is the duty of every voting citizen and precinct official to report any offense as listed in Chapter 8 of 3 GCA. It is the responsibility of precinct officials to document all complaints and ensure the complainant is given ample…

§ 1301. Absent Voting: Requirements. Processing and execution of absent voting applications and absentee ballots are covered by the Uniformed and Overseas Citizens Absentee Voting Act, the Military and Overseas Voter Empowerment Act and 3 GCA Chapter 10.…

§ 1302. Absent Voting: Disposition of Ballot by Commission. On Election Day the Commission shall deliver, if there are any, absentee ballots and affidavits to the precinct(s) along with the Absentee 8 COL922014 Ballot Transfer Receipt (Form EC-15). The precinct board shall immedi…

§ 1303. Same: Challenges. The provisions of 6 GAR § 1211 shall apply in the case of a challenge of a voters absentee ballot. SOURCE: Law governing 3 GCA §§ 9118 and 10121. ARTICLE 4 PROVISIONAL VOTING…

§ 1401. Provisional Ballot. The Commission will provide provisional ballots to each precinct in accordance with 3 GCA § 14102. The provisional ballot is printed with a different color ink and paper with the words “Official Provisional Ballot” printed across the top. SOURCE: Law g…

§ 1402. Provisional Ballots: General. (a) Before issuing a provisional ballot the precinct board must make every effort to determine a voter’s registration status and correct polling location by: (1) Reviewing the list of all registered voters in the precinct; (2) Reviewing the l…

§ 1403. Processing Provisional Ballots. (a) If a potential voter wishes to vote but does not appear in the register, and precinct board members have exhausted all efforts to determine the voters registration status and polling location as prescribed in 6 GAR § 1402 (a), the follo…

§ 1404. Notice. The Provisional Voter shall be provided notice of the plausible remedies of their provisional ballot by the precinct official.

§ 1405. Notice of Disposition. The Commission shall after the tenth (10) day after any election notify the provisional voter by mail the disposition of his or her provisional ballot, and, if applicable, the reason the ballot was not counted.…

§ 1406. Tabulating Provisional Ballots. The Commission at any time within ten (10) days after any election count a valid provisional voter’s choices for every race for which the voter was eligible to vote. The provisional ballots may be tabulated by hand or by machine. 12 COL9220…

§ 1407. Security of Provisional Ballots. Immediately after any election, the Commission shall, under lock and key, secure all provisional ballots received at tabulation center. Only the Executive Director or designated staff, under the direction of the Executive Director, may ope…

§ 1408. Provisional Ballot Affidavit in Lieu of Registration. The Commission shall deem as registered those provisional voters who meet all voter registration requirements. The Provisional Ballot Affidavit shall constitute as sufficient registration in the municipality, municipal…

§ 1501. Scope. These provisions provide a uniform, nondiscriminatory procedure for resolving any complaint alleging a violation of any provision of Title III of the Help America Vote Act of 2002 (“HAVA”), including a violation that has occurred, is occurring, or is about to occur…

§ 1502. Definitions. (a) “Complainant” means the person who files a complaint with the Guam Election Commission under these provisions. (b) “Person” shall be any individual residing in Guam, at the time the complaint is filled. (c) “Respondent” means any Guam Election Official or…

§ 1503. Who May File. Any person who believes that there has been a violation, there is a violation, or a violation is about to occur of any provision of Title III may file a complaint.

§ 1504. Form of Complaint. (a) Writing and Notarization. As required by HAVA, a complaint shall be in writing and notarized, signed and sworn by the Complainant. (b) What to file. (1) The Complainant may use the form prescribed by the Guam Election Commission, which may be downlo…

§ 1505. Place and Time of Filing. (a) Where to File. A complaint shall be sent to Guam Election Commission, or delivered in person to the Office of the Guam Election Commission, Suite 200, GCIC Building, 414 W. Soledad Avenue, Hagatna, Guam 96910. (b) When to File. A complaint sh…

§ 1506. Processing of Complaint. (a) Consolidation. The Guam Election Commission may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact. (b) Notice to Respondents. The Guam Election Commission, at a time which it …

§ 1601. Opening Boxes and Counting Ballots. At the tabulation center the precinct board shall immediately begin conducting an inventory and record the counts of cast, unused and spoiled ballots on the Form EC-13. Form EC-13 shall be signed by all members of the precinct board.…

§ 1602. Ballots Exceeding Number of Signatures on Roster. If it is necessary for ballots to be extracted from the cast ballots and destroyed, an account of this act, including the number of ballots destroyed, and the precinct officials giving authorization, should be written on t…

§ 1603. Signing Roster. At tabulation center the precinct board shall indicate on the last page of the roster: (1) The number of voters. (2) The following wording: “We the undersigned precinct officials hereby certify that ________ (number of voters) appeared before us this _____…

§ 1604. Ballot Not Rejected for Technical Error. The Election Commission will provide marked “sample ballots”, of ways it anticipates voters might mark a ballot. If a voter’s ballot is 19 COL922014 marked differently and rejected by the tabulator, the tally crew must hand the bal…

§ 1605. Write-in Votes. Persons authorized by the Election Commission to manually count rejected ballots shall count a write-in vote as valid only when the voting oval or other defined space provided adjacent to a write-in candidate's name is marked. Failure to mark the oval or o…

§ 1606. Incomplete or Ambiguous Precinct Forms. Precinct board members are prohibited from leaving the clearance section of the tabulation center until all forms and inventories are completed. In the event a problem arises after precinct officials have departed from the tabulatio…