Title 3 — Elections
21 chapters · 482 sections in this title.
3 GCA § 10101 Conditions Upon the Right to Vote
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Any qualified voter of Guam may, as provided in this Chapter and subject to the conditions of this Section, vote in any election by absentee ballot if he or she will be prevented from personally going to the polls and voting on election day because of: (a) the conduct of his or h…
3 GCA § 10102 Application for Ballot
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(a) Except as provided herein under Subsection (b), any voter, under any of the circumstances specified in § 10101 may, not less than three (3) days, or, if application is made in person, not later than during the regular office hours of the day prior to any election, make applic…
3 GCA § 10103 Application Form for Absentee Ballot
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(a) Application for an absentee ballot shall be made substantially in the following form: “APPLICATION FOR ABSENTEE BALLOT TO BE VOTED AT THE ELECTION ON GUAM ON THE _________________ DAY OF ________, 20_____ District or Municipality __________________. I, (Print or type full nam…
3 GCA § 10104 Absent Voting -Federal Requirements
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(a) Armed Forces or absentee application. A voter who (1) is eligible for an absentee ballot; (2) wants to execute an affidavit or form for voter registration; and (3) is absent from Guam or is an active member of the Armed Forces of the United States, including National Guard or…
3 GCA § 10105 Penalty Clause Added
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Immediately below the form prescribed by § 10103, there shall be printed in full § 10124 of this Chapter, and § 8306 of Chapter 8. SOURCE: GC § 2454. Codified as 3 GCA §10105. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
3 GCA § 10106 Applicant Outside of Guam
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When the Commission is requested to mail an absent voter’s ballot to an elector, and the address to which said ballot is to be mailed is a point outside of Guam, the Commission shall mail the absent voter’s ballot to the elector by airmail as soon as the request is received, prov…
3 GCA § 10107 Early In-Office Absentee Voting
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Notwithstanding the conditions prescribed in § 10101 of this Chapter, the Commission shall deliver a ballot to any qualified voter applying in person at the office of said Commission; provided, however, that such applicant shall complete and subscribe the application and affidavi…
3 GCA § 10107.1 Homebound Voting
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The Commission shall deliver a ballot to any qualified elector classified under § 10101(b) of this Chapter applying in person or by telephone; provided, however, that such applicant shall complete and subscribe the application heretofore prescribed in § 10103 of this Chapter; pro…
3 GCA § 10108 Form of Absentee Ballot
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The absentee ballot may, but need not be, in the same form as the regular ballot used in the election. For off-island absentee voters, uniformed and overseas citizens voting absentee, the Commission shall inform such absentee voters of the option to request to receive an absentee…
3 GCA § 10109 Furnishing of Envelopes and Affidavit With Ballot
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It shall be the duty of the Commission to furnish the absentee voter with a blank ballot in an unmarked ballot envelope. Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, the Commission shall also furnish the absentee …
3 GCA § 10110 Voter’s Affidavit on Envelope
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On the reverse side of the envelope prescribed in § 10109 shall be printed a blank form of an affidavit in substantially the following form: “AFFIDAVIT District or Municipality of___________________________, Guam I, __________________________, do solemnly swear that the (Print or…
3 GCA § 10111 Marking Ballot
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Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, the voter, on receipt of said ballot, shall, in the presence of the officer administering the oath and of no other person, mark such ballot or set of ballots, but in su…
3 GCA § 10112 Taking and Subscribing Oath
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Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, after marking said ballot the voter shall, before said officer, mark and subscribe to the voter’s affidavit, and, in the presence of said officer, place said ballot in …
3 GCA § 10113 Officers Before Whom Voter May Appear
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Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, at any time on or before the day of an election an absentee voter may appear before the Commission, or any person appointed or designated by the Commission may go to an…
3 GCA § 10114 Mailing or Delivering Ballot(s)
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The sealed returned envelope containing the ballot or set of ballots may be delivered to the Commission at its main office or its postal address at any time prior to the closing of the polls, and within ten (10) days after any election and by 5:00 p.m. on the tenth (10th) day aft…
3 GCA § 10115 Disposition of Ballot by Commission
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The returned envelope containing the ballot or set of ballots and affidavit, together with the voter’s application, shall be delivered by the Commission on election day to the precinct board or member thereof of the precinct in which the voter is qualified to vote. The Commission…
3 GCA § 10116 Ballots Rejected by the Commission
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All ballots forwarded to absent voters and not physically received by the Commission at its main office prior to the closing of the polls, or within ten (10) days after any other election day or by 5:00 p.m. on the tenth (10th) day after any election shall be rejected. SOURCE: GC…
3 GCA § 10117 Casting Ballots
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At any time between the opening and closing of the polls on election day, the precinct board shall announce the absent voter’s name, and compare the signature between that shown upon the application and the signature upon the affidavit. The precinct board shall determine if the a…
3 GCA § 10118 Causes for Rejecting Ballots
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In the event the affidavit is found to be insufficient, or the signature on the affidavit and the application do not correspond, or the applicant is not a duly qualified elector in such precinct, or the ballot envelope or return envelope is open or has been opened and resealed, o…
3 GCA § 10119 Rejected Ballots
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Every ballot not accepted shall be endorsed on the back of the ballot envelope “Rejected because ____________ (giving reason therefore).” All such rejected ballots shall be enclosed and securely sealed in an envelope on which the precinct board members shall endorse “Defective Ba…
3 GCA § 10120 Addition to Registration Index
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The precinct board shall, when the absentee ballot envelope is deposited in the ballot box, enter the absentee voter’s name on the registration index if not already shown on the roster. SOURCE: GC § 2472. Codified as 3 GCA § 10123. Repealed and reenacted to this section by P.L. 3…
3 GCA § 10121 Challenges
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The vote of any absent voter may be challenged for cause, and the precinct board shall determine, in accordance with the provisions of this Title, the legality of such ballot. SOURCE: GC § 2474. Codified as 3 GCA § 10124. Repealed and reenacted to this section by P.L. 31-255:2 (D…
3 GCA § 10122 Ballot of Deceased Voter
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When it shall be made to appear by due proof to the precinct board that any absent voter who has submitted his or her ballot in accordance with the provisions of this Chapter has died before the ballot is deposited in the ballot box, the ballot envelope of such deceased voter sha…
3 GCA § 10123 Penalty for False Affidavit
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Any person who willfully swears falsely to any affidavit prescribed in this Chapter shall be punishable in accordance with the provisions of Chapter 8 of this Title. SOURCE: GC § 2476. Amended by P.L. 13-187:45 (Sept. 2, 1976). Codified as 3 GCA § 10126. Repealed and reenacted to…