Title 3 — Elections

It is the intent of I Liheslaturan Guåhan that the people of Guam shall have the right to exercise the power of initiative and referendum with regard to legislative matters, and that I Liheslaturan Guåhan shall submit matters to the voters for approval or rejection. 07312013 SOUR…

As used in this Chapter: (a) Initiative is the power of the voters to propose statutes, and to adopt or reject them at the polls. (b) Referendum is the power of the voters to initiate action to repeal existing statutes or parts of statutes, except statutes calling for elections o…

I Liheslatura (the Legislature) may amend or repeal statutes enacted pursuant to legislative submission, but I Liheslatura (the Legislature) may not, within a period of two (2) years, amend or repeal a statute enacted pursuant to an initiative without voter approval, unless said …

Submission: Fees. (a) The proponents of any proposed initiative or referendum measure, prior to circulating any petition for signatures, shall submit a draft of the measure to the Election Commission with a request that it prepare a summary of the chief purposes and points of the…

The Election Commission shall provide a ballot title for each initiative, referendum or legislative submission to be submitted to the voters within ten (10) days after the measure is certified for a position on the ballot, and publish said title once a week for three (3) consecut…

Each measure shall be designated on the ballot by the ballot title prepared by the Election Commission. The ballot title given shall begin with the last two (2) digits of the election year, followed by the alphabet letter corresponding to the order in which it was submitted to th…

Initiative measures may be proposed by presenting petitions to the Election Commission, as set forth in this Chapter, with bona fide signatures of voters equal in number to ten percent (10%) of all registered voters as of the time the proposed initiative measure is submitted to t…

Initiative measures may only be proposed by a bona fide resident and registered voter of Guam who was registered during the preceding general election. The qualified proponent of any initiative may act individually or on behalf of an organization, partnership, corporation, commit…

The qualified proponent of the initiative and officers of the organization, partnership, corporation, committee, or business he or she represents, if applicable, must be identified. SOURCE: Added by P.L. 31-283:2 (Dec. 31, 2012).

Prior to circulation of the initiative for signature gathering, the proponent must host village meetings in at least ten (10) villages, to include the six (6) villages with the largest number of registered voters in the previous election. The meetings shall be documented with wri…

An initiative measure embracing unrelated subjects may not be submitted to the voters. SOURCE: GC § 2960.7. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17202. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. …

If an initiative measure is not approved by more than sixty percent (60%) of the voters in any election, no initiative measure proposing a 07312013 substantially similar or substantially related subject shall be submitted to voters for at least ten (10) years after the date of su…

The Guam Election Commission shall determine whether an initiative measure proposes a substantially similar or substantially related subject of a previously defeated measure prior to circulation of said measure. SOURCE: Added by P.L. 29-118:3 (Dec. 2, 2008) as 3 GCA § 17202.3. Re…

The Election Commission shall submit the initiative to the electors after certification at the next regularly scheduled biennial general election; provided, however, that I Liheslatura may call an island-wide special election for the purpose of having the electors vote on an init…

An initiative must be approved by fifty percent (50%) plus one (1) of all voters who go to the polls to vote in the special or biennial general election at which the initiative was placed on the ballot. Any initiative so approved by fifty percent (50%) plus one (1) of all voters …

If provisions of two (2) or more measures approved at the same election conflict, those provisions of the measure receiving the highest affirmative votes shall prevail. SOURCE: GC § 2960.10. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codifi…

Prior to the circulation of any proposed initiative measure, the proponents shall print upon each page of the petition in Roman bold face type not smaller than twelve (12)-point font size, “Initiative measure to be submitted directly to the voters.” Beneath that shall be printed …

(a) Each section of the initiative petition shall have a one (1)-inch column to the left of the place for printed names for use of the precinct board. Each petitioner signer shall sign next to his or her printed name and in the next place, print his or her place of residence (giv…

Officers required by law to receive or file any initiative petition shall not receive or file any initiative which does not conform with the provisions of this Title. SOURCE: GC § 2960.13. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified…

An officer receiving or filing any initiative petition shall preserve the petition for four (4) years, and may destroy the petition after four (4) years, unless it is in evidence in some action or proceeding then pending. SOURCE: GC § 2960.14. Added by P.L. 14-023 (May 3, 1977). …

Circulation and Filing of Petitions. The date a summary of a proposed initiative measure is delivered or mailed by the Election Commission to the proponents is designated as the “official summary date” for the proposed initiative measure. No petitions for a proposed initiative sh…

The Election Commission shall not accept any petition on a proposed initiative measure unless it has been certified as provided in § 16209, and has met the qualifications provided for in § 16201 of this Chapter. SOURCE: GC § 2960.16. Added by P.L. 14-023 (May 3, 1977). Reenacted …

For the purpose of submitting an initiative measure, a referendum, or any submission by I Liheslatura (the Legislature) to the electors, the Commission may, pursuant to a call by I Maga’låhen Guåhan or I Liheslaturan Guåhan, conduct a special election dealing only with such measu…

Requirements and Form. The Commission shall develop the registration requirements and rules and regulations governing the information requisite for discovery of financial and shareholder or member disclosure requirements contained herein that stipulate the essential financial inf…

Any person, and all individual shareholders or members of any organization, partnership, corporation, committee, or business, which receives funds or makes expenditures in an effort to directly support or put forward any initiative must register and file financial disclosure repo…

Financial disclosure reports shall list all individual shareholders or members of any organization, partnership, corporation, committee, or business which receives funds or makes expenditures in an effort to directly support or put forward any initiative. SOURCE: Added by P.L. 31…

At the time of filing of an initiative, any person, and all shareholders and or members of any organization, partnership, corporation, committee, or business, which receives funds or makes expenditures in an effort to directly support or put forward any initiative must be registe…

A fiscal impact statement shall be required for all initiatives that have an effect upon the revenues or the expenditure of any funds of the 07312013 government of Guam. A waiver of a fiscal impact statement shall be required for all measures that do not have an effect upon the r…

The fiscal impact statement, or waiver thereof, shall be prepared by the Director of the Bureau of Budget and Management Research (BBMR), in coordination with the director of the department, agency or appropriate government instrumentality, affected by the initiative. The fiscal …

A fiscal impact statement shall contain the best estimate of the fiscal impact of an initiative for the fiscal year in which it would become effective, if enacted, and for the next four (4) succeeding fiscal years. If the fiscal impact of the measure is not expected to occur with…

The fiscal impact statement shall be attached to any voter information pamphlet circulated by the Commission. Proponents shall assume the costs associated with printing their independent fiscal impact statement and reimburse the Commission for costs it incurs in appending the ind…

A referendum measure may be proposed by presenting petitions to the Election Commission, as set forth in this Chapter, signed by voters equal in number to twenty percent (20%) of all votes counted for all candidates for I Maga’låhen Guåhan at the last preceding general election a…

A referendum measure embracing unrelated subjects may not be submitted to the voters. SOURCE: GC § 2960.18. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17302. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. …

The Election Commission shall submit the referendum to the electors, after certification, at the next general election held at least ninety (90) days after it qualifies, or, in a Guam at-large special election held at least ninety (90) days after certification; provided, however,…

(a) Across the top of each page of a referendum petition, there shall be printed in twelve (12)-point font size Roman bold face type the following: “REFERENDUM AGAINST AN ACT PASSED BY THE LEGISLATURE” (b) The summary prepared by the Election Commission shall be printed beneath t…

Across the top of each page after the first page of every referendum petition which is prepared and circulated, there shall be printed a short title, not to exceed twenty (20) words, describing the nature of the petition and the subject to which it relates. SOURCE: GC § 2960.21. …

(a) Each section of the referendum petition shall have a one (1) inch column to the left of the place for printed names for use of the precinct board. Each petition signer shall sign next to his or her printed name, and in the next place, print his or her place of residence (givi…

Officers required by law to receive or file any referendum petition shall not receive or file any referendum petition which does not conform with the provisions of this Title. SOURCE: GC § 2960.23. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983).…

An officer receiving or filing any referendum petition shall preserve the petition for four (4) years and may destroy the petition after four (4) years, unless it is in evidence in some action or proceeding then pending. SOURCE: GC § 2960.24. Added by P.L. 14-023 (May 3, 1977). R…

Time for Circulation and Filing of Petitions. The date a summary of a proposed referendum measure is delivered or mailed by the Election Commission to the proponents is designated as the “official summary date” for the proposed referendum measure. 07312013 No petitions for a prop…

Ballot. The Election Commission shall not accept any petition on a proposed referendum measure unless it has been certified, as provided in § 16306, and has met the qualifications provided for by § 16301 of this Chapter. SOURCE: GC § 2960.26. Added by P.L. 14-023 (May 3, 1977). R…

Notwithstanding any other provision of law, no increase in real property tax, liquid fuel tax, business privilege tax or any locally enacted and administered tax on Guam shall go into effect without the approval of the voters of Guam in a referendum held during a general election…

Certain Fees. The provisions of § 16311 of this Article and Chapter shall apply in the case of any general obligation bond of the government of Guam in excess of Twenty-Five Million Dollars ($25,000,000), as well as in the case of the creation of any new fee for service proposed …

Submission. No measure shall be submitted to the voters by I Liheslaturan Guåhan unless it shall have been adopted by a majority of affirmative votes of all the Members. SOURCE: GC § 2960.27. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codif…

the People by I Liheslatura (the Legislature). A majority of the valid votes cast thereon shall be necessary for the approval of any legislative submission placed on the ballot by I Liheslatura (the Legislature). SOURCE: GC § 2960.28. Added by P.L. 14-023 (May 3, 1977). Reenacted…

(a) Whenever I Liheslatura (the Legislature) submits any measure to the voters, the author of the measure and one (1) Member of I Liheslatura (the Legislature) who voted with the majority for the submission of the measure shall be appointed by the Speaker to draft an argument for…

If a measure to be submitted to the voters by I Liheslatura (the Legislature) was not adopted unanimously, one (1) Member who voted against it shall be appointed by the Speaker, at the same time as appointments to draft an argument in its favor are made, to write an argument agai…

Arguments prepared by legislators appointed by the Speaker shall be submitted to the Election Commission within forty-five (45) days after the 07312013 adoption of the legislative submission measure by I Liheslaturan Guåhan. If the arguments are not submitted within forty-five (4…

Any voter or group of voters may, no less than forty-five (45) days prior to the election at which the measure is to be presented to the voters, prepare and file with the Election Commission an argument for or against any initiative or referendum measure or legislative submission…

If more than one (1) argument for or more than one (1) argument against any measure is filed within the time prescribed, the Election Commission shall select one (1) of the arguments for printing in the ballot pamphlets. In selecting the argument, the Election Commission shall gi…