Title 3, Elections

2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-2337, was entitled “Election Campaigns and Campaign Offenses.” This section was repealed by P.L. 18- 30:53 (Feb. 19, 1986). ---------- 07312013 ARTICLE 2 DISHONESTY AND FRAUD IN ELECTIONS

Any person who offers any bribe or makes promise of gain, or with knowledge of the same, permits any person to offer any bribe or make any promise of gain for that person’s benefit, to any voter to induce that person to sign an election paper, and any person who accepts any bribe…

A person shall not, directly or indirectly, by himself or herself or through any other person or persons, advance or pay, or cause to be paid, any 07312013 money or other valuable offer to, or, for the use of any other person, in consideration of a person withdrawing as a candida…

Any person who willfully causes, procures or allows himself or herself or any person to be registered as a voter, knowing himself or herself or the other person not to be entitled to registration, is guilty of a felony of the third degree. SOURCE: GC § 2060, added by P.L. 12-149 …

A person shall not, directly, by himself or herself or through any other person, receive, agree or contract for, before or during an election, any money, gift, loan or other valuable consideration, office, place or employment, for himself or herself or any other person, for: (a) …

A person shall not, directly or indirectly, by himself or herself or through any other person, give or receive any money or other valuable offer, before, during or after an election because he or any other person either: (a) voted to secure the election or endorsement of any othe…

Any person who, with the intent to promote the election of himself or herself or any other person, furnishes or engages to pay or deliver any money or property for any purposes intended to promote the election of any nominee or candidate, except as to the expenses of holding and …

Any person, who being a nominee or candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for or to procure, or aid in procuring, the election of any nominee or …

Every person is guilty of a misdemeanor who communicates any offer made in violation of the preceding § 8207 to any person with intent to induce him or her to vote for, or to procure or aid in procuring the election of, the nominee or candidate making the offer. SOURCE: GC § 2331…

Every person who willfully adds to or subtracts from the votes actually cast at an election in any official or unofficial returns, or who alters the returns, is guilty of a felony. SOURCE: GC § 2704. Amended by P.L. 13-187:51 (Sept. 2, 1976). Codified as 3 GCA § 14105. Repealed a…

Any person who, by force, threat, menace, bribery or any corrupt means, either directly or indirectly, attempts to influence any voter in giving his or her vote, or to deter him or her from giving it, or attempts by any means to threaten, restrain, hinder, or disturb any voter in…

Any person, association or corporation who, directly or indirectly, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens the infliction, directly or indirectly, any injury, damage, harm or loss, or in any manner practices intimidatio…

Any person, association or corporation who, by abduction, duress or any forcible or fraudulent device or contrivance whatsoever, impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any voter, or who compels, induces or prevails through an…

Any employer, whether a corporation, association or a natural person, who within ninety (90) days of any election displays or otherwise exhibits in any workplace under his or her control or management any handbill or placard containing any threat, notice or information that in ca…

Any person who furnishes any blind or illiterate voter with a ballot, informing or giving that voter to understand that it contains a name written or printed thereon that is different from the name which is written or printed thereon, or, defrauds any voter at any election by dec…

Any person who procures, assists, counsels or advises another to give or offer that person’s vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor. SOURCE: GC § 2716. Codified as 3 GCA § 14116. Amended by P.L. 25-146:58 (June 12, 2000)…

Any person who: (a) not being entitled to vote at an election, votes or fraudulently attempts to vote at that election is guilty of a felony of the third degree; (b) being entitled to vote, attempts to vote more than once at the same election is guilty of a felony of the third de…

Any person who: (a) gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee or political gathering of any kind held for the purpose of nominating candidates for offices of honor, trust or profit on Guam with intent to influence …

A person shall not, directly or indirectly, by himself or herself or through any other person pay, lend or contribute or offer or promise to pay, lend or contribute, any money or other valuable consideration to or for any voter, or to or for any other person, to either: (a) induc…

A person shall not, directly or indirectly, by himself or herself or through any other person procure, engage, promise or endeavor to procure, in consequence of any gift, loan, offer, promise, procurement or agreement, the election of any person, or the vote of any voter at an el…

Any person who changes or attempts to alter any ballot after it has been deposited in the ballot box, or adds, or attempts to add, any ballot to those legally polled at any election, by fraudulent placement of a ballot into the ballot box either before or after ballots have been …

Any person who adds or aids to add to, or mixes with or attempts to add to or mix with the ballots lawfully polled, any other ballots with intent to change the result of an election is guilty of a felony. SOURCE: GC § 2525. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972)…

Any person who carries away or destroys, or attempts to carry away or destroy, any poll list or ballot, or ballot box for the purpose of preventing, affecting the result of, or invalidating any election, or willfully detains, mutilates or destroys any election return, is guilty o…

A voter shall not deliver to the precinct board, or to any of its members, or deposit in the ballot box any ballot other than the one he or she has received from the member authorized by law to furnish the ballot. Violation of this Section shall constitute a felony. SOURCE: GC § …

Any person who knowingly deposits or attempts to deposit in any ballot box two (2) or more of the same ballot, is guilty of a felony. SOURCE: GC § 2395. Amended by P.L. 11-209:11 (Dec. 22, 1972). Codified as 3 GCA § 9141. Repealed and reenacted to this section by P.L. 31-255:2 (D…

Any person who, having procured an official ballot, willfully neglects or fails to cast or return the same in the manner as provided for in this Title, shall, unless otherwise provided, be guilty of a violation and be fined an amount not to exceed One Hundred Dollars ($100.00). A…

Every person is guilty of a felony who willfully substitutes forged or counterfeited election ballot returns in the place of true, official returns for a precinct where an election is held. SOURCE: GC § 2703. Amended by P.L. 13-187:50 (Sept. 2, 1976). Codified as 3 GCA § 14104. R…

Every person is guilty of a felony who: (a) aids in changing or destroying any poll list or official ballot; or 07312013 (b) aids in wrongly placing any ballot in the box, or taking any therefrom; or (c) adds, or attempts to add, any ballots to those legally polled at any electio…

Every precinct official of a precinct board is guilty of a misdemeanor who: (a) attempts to find out any candidate’s name voted for on the ballot; or 07312013 (b) except as otherwise authorized by this Title, examines, exhibits or discloses the ballot choice or choices of any vot…

Any precinct board member, Commission member, or other election official charged with any duty prescribed by this Chapter who refuses or neglects to perform any such duty, or violates any of the provisions of this Chapter, shall be guilty of a petty misdemeanor, unless otherwise …

Every person who in any manner so interferes with the precinct board, or the Commission or any members thereof, holding an election or conducting a canvass, or with the voters lawfully exercising their right of voting at an election, as to prevent or attempt to prevent the electi…

Any voter who has been appointed as a member of a precinct board, and having taken the oath of office, who fails to act as such without lawful or sufficient reason approved by the Commission is guilty of a misdemeanor. SOURCE: GC § 2110, entitled “Failure to act:penalty.” Codifie…

Every person charged with the performance of any duty under the provisions of the laws of Guam relating to elections, who, in his or her official capacity, knowingly acts in contravention or in violation of any of the provisions of such laws, unless a different classification is …

Every precinct officer of any election, who, while acting as such, induces or attempts to induce any voter, either by menace or reward, or promise thereof, to vote for any particular person or to refrain from so voting, is guilty of a felony. SOURCE: GC § 2710. Codified as 3 GCA …

Any person is guilty of a felony of the third degree who at any election: (a) knows that a person who has not been appointed and qualified acts as a member of a precinct board; or (b) knows that a person is not a member of a precinct board but who performs or discharges any of th…

(a) Any person authorized by the Commission, having charge of affidavits of registration, or absentee ballot applications submitted in lieu of affidavits of registration, who: (1) neglects or refuses to perform any duty required by law in connection with the registration of voter…

Every person who removes or defaces any posted copy of the results of the votes cast is guilty of a misdemeanor. SOURCE: GC § 2528. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2521. Codified as 3 GCA § 11121. Repealed and reenacted to this section by P.L. 31-…

Any person summoned to appear and testify before any precinct board or the Election Commission who willfully ignores or disobeys the summons is guilty of a misdemeanor. SOURCE: GC § 2118. Codified as 3 GCA § 4119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, …

Any person who violates the prohibitions relative to overseas voters as contained in § 9124, Chapter 9 of this Title shall be guilty of a misdemeanor. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012).

Every person shall be subject to a civil penalty of not more than Five Thousand Dollars ($5,000) per each separately produced message who intentionally writes, prints, posts or distributes, or causes to be written, printed, posted or distributed, any circular, pamphlet, letter or…

Every person who, after being required to do so by the precinct board at an election, refuses to be sworn, or being sworn, refuses to answer any pertinent question propounded by the board concerning the right of another to vote, is guilty of a misdemeanor. SOURCE: GC § 2718. Codi…

No person who advocates, or who aids or belongs to any party, organization or association which advocates the overthrow by force or violence against the government of Guam or of the United States, shall be qualified to hold any public office of trust or profit within the governme…

If any provision of this Chapter, or the application thereof, to any person or circumstance is held invalid, the remainder of the Chapter and the application of the provision to other persons not similarly situated, or to other circumstances, shall not be affected. SOURCE: GC § 2…