Permanent Vacancies; Succession

(a) In case of a permanent vacancy in the offices of both I Maga’håga/Maga’låhi and I Sigundo Maga’håga/Maga’låhi, the Speaker of I Liheslaturan Guåhan shall, upon her/his resignation as Speaker, become I Maga’håga/Maga’låhi to hold office for the unexpired term and until she/he or her/his successor shall have been duly elected and qualified at the next regular election for I Maga’håga/Maga’låhi. (b) If, by reason of death, resignation, removal from office, inability or failure to qualify, there is no Speaker to act as I Maga’håga/Maga’låhi under subsection (a) of this Section, then the Director of the Department highest on the order of succession established by § 1101 of this Article who is not under disability to discharge the powers and duties of the Office of I Maga’håga/Maga’låhi shall become I Maga’håga/Maga’låhi. An individual who becomes I Maga’håga/Maga’låhi under this subsection shall continue to serve until the expiration of the then current term of I Maga’håga/Maga’låhi. The taking of the oath of office by an individual under this subsection shall constitute her/his resignation from the office upon which her/his succession is based. (c) During the period the individual serves as I Maga’håga/Maga’låhi under this Section, her/his compensation shall be the same as that then provided by law for I Maga’håga/Maga’låhi. SOURCE: Added GC § 5001 added by P.L. 13-086:3 (Nov. 8, 1975). 2025 NOTE: References to the “Governor” replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. Reference to the “Lieutenant Governor” replaced with I Sigundo Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. Reference to the “Guam Legislature” replaced with I Liheslaturan Guåhan pursuant to 2 GCA § 1101. COMMENT: When this § 1102 was enacted, the § 1102 provided that succession as Acting Governor would run to the Director of Administration, Director of the Bureau of Budget and Management Research and the Attorney General, in that order. Since the repeal and reenactment of § 1101, no department head is in line for temporary or permanent succession to the Office of Governor.