Title 3 — Elections
21 chapters · 482 sections in this title.
3 GCA § 12101 Contestant and Defendant Defined
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When used in this Chapter, contestant means any person initiating an election contest. Defendant means that person whose election or qualification is contested or those persons receiving an equal or higher number of votes, other than the contestant, when the body canvassing the 0…
3 GCA § 12102 Causes for Contest
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Any voter of Guam in a general election, or of a municipality or precinct in a municipal election, may contest any election held therein for any of the following causes: (a) that the person who has been declared elected to an office other than as a Member of I Liheslaturan Guåhan…
3 GCA § 12103 Irregularity or Misconduct Not Affecting Result
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No irregularity or improper conduct in the proceedings of any precinct board shall void an election result unless such irregularity or misconduct resulted in a defendant being declared either elected or tied for election. SOURCE: GC § 2602. Codified as 3 GCA § 12103. Repealed and…
3 GCA § 12104 Where Illegal Votes Not Necessary to Majority
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An election shall not be set aside on account of illegal votes unless the Commission determines that such number of illegal votes has been given to the person whose right to the office is contested or who has been certified as having tied for first place, which, if taken from the…
3 GCA § 12105 Complaint by Contestant
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When a voter contests any election, he or she shall file with the Superior Court of Guam a written complaint, setting forth specifically: (a) the name of the contestant, and that he or she is a registered voter of a municipality or precinct of Guam, as the case may be, in which t…
3 GCA § 12106 Same: Verification
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The contestant shall verify the statement of contest and shall file it in the Superior Court of Guam within fifteen (15) days after the declaration of the result of the election by the body canvassing the returns thereof. SOURCE: GC § 2605. Codified as 3 GCA § 12106. Repealed and…
3 GCA § 12107 Allegation of Illegal Votes
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When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one (1) or more specific voting precinct votes were given to the defendant, which, if taken from him or her would reduce the number of his or her legal votes below th…
3 GCA § 12108 Technical Errors in Allegations Disregarded
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A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular ground or cause for which the election is contested. …
3 GCA § 12109 Special Session
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Within five (5) days after the end of time allowed for filing statements of contest, the Superior Court of Guam shall thereupon order a special session to be held on some day to be declared by the Court, not less than ten (10) or more than twenty (20) days from the date of its or…
3 GCA § 12110 Citation to Defendant
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The Clerk of the Court shall thereupon issue a citation for the defendant to appear at the time and place specified in the order, which citation shall be delivered and served upon the parties at least five (5) days before the time so specified, either: (a) personally; or (b) if t…
3 GCA § 12111 Subpoena and Attachment
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The Clerk of the Court shall issue subpoenas for witnesses at the request of any party, which shall be served as are other subpoenas. The Superior Court may issue body attachments to compel the attendance of witnesses who have been subpoenaed to attend the Court. 07312013 SOURCE:…
3 GCA § 12112 Trial
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The Superior Court of Guam shall meet at the time and place designated, to determine the contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until the trial is ended, and may also continue the trial, before its …
3 GCA § 12113 Recount at Trial
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At the trial the ballots shall be opened and a recount taken, in the presence of all parties, of the votes cast for the various candidates in all contests where it appears from the statements filed that a recount is necessary for the proper determination of the contest. The Super…
3 GCA § 12114 Applicable Rules of Law and Evidence
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In the trial and determination of election contests, the Court shall be governed by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable. It may dismiss the proceedings if the statement of the cause of the co…
3 GCA § 12115 Findings and Conclusions: Judgment
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The Court shall continue in special session to hear and determine all issues arising in contested elections. After hearing the proofs and allegations of the parties, and within ten (10) days after the submission thereof, the Superior Court shall file its findings of fact and conc…
3 GCA § 12116 Declaration of Election by Court
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If in any election contest it appears that another person than the defendant has the highest number of legal votes, the Court shall declare that person elected. SOURCE: GC § 2615. Codified as 3 GCA § 12116. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
3 GCA § 12117 Certificate of Election
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The person declared elected by the Superior Court is entitled to a certificate of election. If a certificate has not already been issued to him or her, the Commission shall immediately prepare and deliver to that person a certificate of election signed by the Court and authentica…
3 GCA § 12118 Annulment of Prior Certificate
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If the Commission has issued any certificate for the same office to any other person than the one declared elected by the Court, such certificate shall become annulled by the judgment of the Court. SOURCE: GC § 2617. Codified as 3 GCA § 12118. Repealed and reenacted by P.L. 31-25…
3 GCA § 12119 Costs of Contest Proceedings
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If the proceedings under this Chapter are dismissed for insufficiency of evidence to support any of the bases for the claims, or for want of prosecution, or the election is confirmed by the Court without any claims 07312013 proven, judgment may be rendered against the contestant,…
3 GCA § 12120 Apportionment of Costs of Contest
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Where two (2) or more contests are joined for the purpose of recounting votes as provided in this Chapter, the costs shall be apportioned among the parties at the discretion of the Court. SOURCE: GC § 2619. Codified as 3 GCA § 12120. Repealed and reenacted by P.L. 31-255:2 (Dec. …
3 GCA § 12121 Appeal From Judgment
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Any party aggrieved by the judgment of the Superior Court of Guam may appeal therefrom to the Supreme Court of Guam, as in other cases of appeal thereto from the Superior Court, except on an expedited basis. During the pendency of proceedings on appeal, and until final determinat…
3 GCA § 12122 Effect of Judgment Setting Aside Election
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Whenever an election is annulled or set aside by the judgment of the Superior Court, and no appeal has been taken within ten (10) days thereafter, the certification, if any has been issued, is void and the office is vacant. SOURCE: GC § 2621. Codified as 3 GCA § 12122. Repealed a…
3 GCA § 12123 Determination of Tie
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If at any election, two (2) or more persons receive an equal number of votes which is the highest number of ballot votes cast for the same office, a judge of the Superior Court of Guam shall forthwith summon the candidates who received the votes to appear at a time to be designat…