Title 3 — Elections

Unless otherwise indicated, the provisions of this Chapter shall apply to all elections held on Guam. SOURCE: GC § 2500. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

All members of the precinct boards shall be present at the closing of the polls. SOURCE: GC § 2501. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

If a precinct board finds two (2) or more of the same ballots upon opening an absentee voter’s envelope, it shall lay them aside until the count of the ballots is complete. If, upon comparison of the count between ballots cast in that precinct and the number of voters on the rost…

If the ballots in the box exceed in number the names on the roster who voted, one (1) of the members of the precinct board shall, while being observed by the other precinct board members and without looking into the box, draw out singly a number of ballots equal to such excess. T…

When the number of ballots equal or made thus to equal with the number of names on the roster who voted, the precinct board shall document the totals by writing in words and figures at the foot of the roster, and signed by those precinct board members who counted the ballots and …

All rejected ballots shall be endorsed on the back of the ballot envelope “Rejected because (giving reason therefore).” Said envelope shall be signed by the members of the precinct board and returned to the Commission at the Election Return Center after the polls close. SOURCE: G…

The locked ballot box, accompanied by the roster, all documents, all endorsements, and all ballots, including spoiled ballots, unused and defaced ballots, and rejected defective ballots shall be brought to the Election Return Center for tabulation. A representative of each politi…

The Commission shall maintain within Guam an Election Return Center for the tabulation of votes and publication of returns. SOURCE: GC § 2508, as repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Amended by P.L. 12-149:20 (June 19, 1974). Codified as 3 GCA § 11109. Repeal…

The Commission may appoint such persons as may be necessary for the manual tabulation of ballots and/or for the operation of the vote tabulating device, and to keep watch on such tabulation for any possible illegal vote or any error or omission on the part of the persons tabulati…

Notwithstanding any other provision of law, the Guam Election Commission may authorize ballots to be tabulated at the precincts. Tabulating of ballots by the precinct board shall be a cross-check of the tabulating of ballots by the Election Commission at the Election Return Cente…

At any election, any ballot which is not marked as provided by law shall be void, but the ballot shall be preserved. Two (2) or more markings in one (1) voting oval or other defined space provided, or a mark made partly within and partly without a voting oval or other defined spa…

If a ballot is folded, torn, bent, mutilated or otherwise defective so that it cannot be so tabulated by a vote tabulating machine, the Commission may cause a duplicate to be punched, slotted or otherwise marked in the presence of at least two (2) Commission members, one (1) from…

At any election a ballot shall not be rejected for any technical error which does not render it impossible to determine the voter’s choice, even though the ballot may be soiled or defaced. SOURCE: GC § 2519. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972), as GC § 2513. …

Not “Votes Cast” for Calculating a Majority. If a voter indicates either: (a) by placing the voter’s marks in the voting ovals or other defined spaces provided adjacent to the names of any candidates or nominees; or (b) by writing the names of persons for an office in the blank l…

If the write-in voting oval or other defined space is marked, a write-in vote shall be counted for the office under which it is marked, provided a name is written alongside the voting oval or other defined space shown. If the total number of write-in votes counted for an office c…

No mark upon a ballot which is unauthorized by this Title invalidates a ballot, unless it appears that the mark was placed there by the voter for the purpose of identifying the ballot. SOURCE: GC § 2512. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2516. Codif…

As soon as the valid votes marked on the ballots are tabulated and the Commission is satisfied as to the accuracy of the tabulation, such ballots shall not thereafter be examined by any person, except upon a recount or audit as provided in this Chapter. The counted ballots shall …

In every election, except the primary election, the Guam Election Commission shall not certify the election results until the GEC makes a determination on all election complaints or causes for contest brought to the attention of the GEC within fifteen (15) calendar days of the el…

As soon as the Election Commission certifies the results of the election, it shall cause to be posted on the outside of the Election Return Center or the Commission’s office a certificate showing the results of the votes cast. The final certificates shall be signed by a majority …

Neither list, tally, paper or certificate return from any election shall be set aside or rejected for want of form, nor because it is not strictly in accordance with the directions of this Title if it is agreed upon by a majority of the members of the Commission. SOURCE: GC § 253…

Upon tabulation of all election ballots, the Commission shall tabulate or cause to be tabulated the cumulative results and make these results known to the public. SOURCE: GC § 2533. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2526. Codified as 3 GCA

Immediately upon completion of the tabulation by the Commission of all of the ballots from all of the precincts, the unofficial election results shall be declared and available for public inspection. SOURCE: GC § 2534. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as G…

The Commission shall, on the day of the closing of the polls, keep the Election Return Center open for the tabulation of election results until each and every ballot has been received and tabulated and the results thereof made public. SOURCE: GC § 2535. Repealed and reenacted by …

The Commission may incur expenses for all clerical assistance and other necessary expenses, including the transportation of precinct boards between their respective precincts and the Election Return Center. SOURCE: GC § 2536. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 197…

If the rosters, certificates or other forms from any precinct are incomplete or ambiguous, or not properly authenticated, or are otherwise defective, the Commission, by a majority vote, may order issued and served subpoenas requiring the attendance of such persons and records bef…

The Commission may require a precinct board to correct or complete its rosters, certificates or other forms or its authentications thereof, so that they show correctly any information required thereon. SOURCE: GC § 2538. Repealed and reenacted by 11-209:27 (Dec. 22, 1972) as GC §…

Immediately after the certification of all election results, the Commission shall declare elected to each office those persons having the highest number of votes for that office. SOURCE: GC § 2539. Repealed and reenacted by 11-209:27 (Dec. 22, 1972) as GC § 2532. Codified as 3 GC…

Immediately after declaring certification of the results of any election, the Commission shall make, or cause to be made, a “Certificate of Election” for every person elected to office. The form of such certificates shall be prescribed in the Election Manual. The Commission shall…

Except in the case of the office of I Maga’hågan/I Maga’låhen Guåhan or I Sigundo Maga’hågan/I Sigundo Maga’låhen Guåhan, in the event that a candidate dies after he or she has been certified as elected and prior to the commencement of his or her term, the Commission shall certif…

In those years when the ballot contains the names of candidates for President and Vice-President of the United States, the Commission shall declare the results of said election and shall, by written direction, order the Chairperson of the Election Commission to act as the elector…

If the tabulation indicates that a difference in votes is two percent (2%) or less, the Commission shall conduct a recount of the votes. At the end of the recount all ballots shall be returned to the precinct envelopes and resealed with the majority of the Commission writing thei…

The Commission shall not review any ballots except as permitted on a recount. SOURCE: GC § 2535, entitled “Opening ballots.” Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC

Immediately upon the completion of the tabulation of all ballots, the Commission shall enter on its record a statement of the results, which shall show: (a) the total number of votes cast on Guam; (b) the names of the persons and the total number of votes tabulated for each candi…

The Commission shall be responsible for the preservation of all the ballots cast and all rosters and certificates delivered to it by the precinct boards for a period of five (5) years after the date of the election. The Commission shall be required to produce such ballots upon th…

2012 NOTE: This section was originally codified from GC § GC § 2538, entitled “Same: correction or completion.” Reenacted as 3 GCA § 11126 by P.L. 31-255:2 (Dec. 11, 2012).

2012 NOTE: This section was originally codified from GC § 2539, entitled “Declaration of results.” Reenacted as 3 GCA § 11127 by P.L. 31-255:2 (Dec. 11, 2012).