21 chapters · 482 sections in this title.
3 GCA § 7104 Sample Ballots
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At least twenty (20) days before any election, the Commission shall certify to the printer the sample ballot with the names of the nominees thereon in the same order and manner as they will appear on the official ballot, and immediately thereafter cause a true copy of the same to…
3 GCA § 7105 Amended by P.L. 31-059:2 (May 24, 2011). Repealed and reenacted by P.L
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31-255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606.
3 GCA § 7106 Order of Names for Other Offices
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The Commission shall prepare all ballots for all elections on Guam. All such ballots shall contain the names of nominees for other offices in a similar manner as for I Liheslaturan Guåhan (the Guam Legislature). SOURCE: GC § 2255. Codified as 3 GCA § 7106. Repealed and reenacted …
3 GCA § 7107 Presidential Election
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The ballot for the general election in each year evenly divisible by four (4) shall contain the names of the nominees for President and Vice-President of the United States of each national political party which has made such nominations. In addition, any team of candidates which …
3 GCA § 7108 Space for Marking Ballot; Space for Write-in Candidates
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(a) Immediately adjacent to the name of each nominee or adjacent to the word “Incumbent,” as the case may be, shall be placed ovals or other defined COL222017 spaces of sufficient size for the placing of a mark therein. A clear and distinct mark within the oval or other space pro…
3 GCA § 7109 Ballots Furnished to Precincts
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For each election, the Commission shall determine the number of ballots to be provided to each precinct. SOURCE: GC § 2257. Amended by P.L. 12-149:9 (June 19, 1974). Codified as 3 GCA § 7109. Amended by P.L. 25-146:32 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec.…
3 GCA § 7110 Correction of Error or Omission
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Whenever it appears by affidavit of a voter or nominee that an error or omission has occurred in the publication of the name or description of any nominee or in the printing of the ballot, the Superior Court of Guam, or a judge thereof, shall, upon application of the affiant, by …
3 GCA § 7111 Delivery of Ballots, Machines and Supplies
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The Commission shall, before the opening of the polls at any election, cause to be delivered to the precinct board of each precinct where an election is to be held, the proper number of ballots, voting machines if they are to be utilized, the voter registration roster for that pr…
3 GCA § 7112 Receipts for Ballots
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The Commission shall cause to be prepared a receipt for each polling place, enumerating the packages and stating the time, day and date when they were delivered to the precinct board leader. The precinct leader shall sign the receipt upon receiving the packages, which shall forth…
3 GCA § 7113 Loss or Destruction of Ballots
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In case of the prevention of an election in any precinct by the loss or the destruction of the ballots intended for that precinct, the precinct leader or other member of the board for that precinct, shall prepare an affidavit stating forth the fact, and shall immediately transmit…
3 GCA § 7114 Instructions to Voters
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At the top of the ballot, there shall be printed instructions to the voters as to the number of nominees to vote for, the marks to be used, including a sample of the marks, and other such instructions as the Commission deems necessary. SOURCE: GC § 2262. Codified as 3 GCA § 7114.…
3 GCA § 7115 Nicknames, Other Identifiers on Ballot
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COL222017 Any person who is a candidate for any office may, at the time of filing his or her nominating petition, or, thereafter, as the Commission by uniform regulations may prescribe, file with the Commission a request that his or her name be further identified on the ballot by…
3 GCA § 7116 Security of Ballots
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(a) The Commission shall promulgate and publish in the Election Manual rules and regulations pursuant to the Administrative Adjudication Law to ensure maximum security of the ballots and assure the integrity of the election process. (b) The rules shall provide, at the minimum: (1…
3 GCA § 7117 Ballot Audit
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Within forty-five (45) days from the enactment of this Act, the Guam Election Commission shall conduct an audit and reconciliation of the ballot stock ordered, printed, utilized, retained, and destroyed in the conduct of the 2010 General Election, and subsequent Primary and Gener…
3 GCA § 7118 2010 General Election Ballot Review
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(a) The Guam Election Commission shall conduct a review of all absentee ballots received, and all provisional ballots for the 2010 General Election, within forty-five (45) days of the enactment of this Act. In conducting this review the Commission shall: (1) Determine which provi…
3 GCA § 8101 Application of Chapter
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All the provisions of this Chapter apply to every election in Guam. SOURCE: GC § 2335. Codified as 3 GCA § 8130; at the time of codification, the Compiler recognized GC § 2328 contained identical wording. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 20…
3 GCA § 8102 Willful Violation of Election Laws
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Any person who willfully violates any provision of any law on Guam relating to any election, unless a different classification is prescribed by this Title, is guilty of a misdemeanor. SOURCE: GC § 2701. Amended by P.L. 13-187:48 (Sept. 2, 1976). Codified as 3 GCA § 14102. Repeale…
3 GCA § 8103 Disqualification
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Any candidate convicted for any violation under the provisions of this Chapter is disqualified from holding the office for which he was a candidate or nominee at the time of violating the provisions aforesaid. SOURCE: GC § 2334. Codified as 3 GCA § 8129. Repealed and reenacted to…
3 GCA § 8104 Complaints
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Any person who alleges or claims a violation of any provision of this Chapter has occurred may file a complaint with the Commission. The Commission shall expeditiously investigate the matter in accordance with § 2106 of Chapter 2 of this Title. Whenever any person, in the judgmen…
3 GCA § 8132 Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012)
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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
3 GCA § 8201 Bribery
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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…
3 GCA § 8202 Payment of Value to Induce Candidate to Withdraw
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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…
3 GCA § 8203 Unlawful Registration as Crime
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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 …
3 GCA § 8204 Receipt of Value: To Vote or Not Vote
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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) …
3 GCA § 8205 To Vote or Aid in Securing Nomination for Another
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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…
3 GCA § 8206 Payment to Promote Election
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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 …
3 GCA § 8207 Promising Appointment to Office
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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 …
3 GCA § 8208 Communication of Promise
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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…
3 GCA § 8209 Adding or Removing Votes; Altering Returns
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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…
3 GCA § 8210 Illegally Influencing Voter
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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…
3 GCA § 8211 Intimidation of Voters
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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…
3 GCA § 8212 Wrongful Interference With Voting
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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…
3 GCA § 8213 Unlawful Influence by Employer
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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…
3 GCA § 8214 Deceiving Illiterate Voter
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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…
3 GCA § 8215 Aiding and Abetting Unlawful Voting
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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)…
3 GCA § 8216 Fraudulent Voting
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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…
3 GCA § 8217 Giving, Offering or Receiving Bribe
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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 …
3 GCA § 8218 Payment of Value: To Vote, Not Vote or Reward for Same
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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…
3 GCA § 8219 Receipt of Value: To Procure Election or Vote
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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…
3 GCA § 8301 Adding to Ballots in Box
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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 …
3 GCA § 8302 Adding Ballots During Count
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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)…
3 GCA § 8303 Taking or Destroying Ballots
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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…
3 GCA § 8304 Delivery of Other Than Received Ballot Prohibited
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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 § …
3 GCA § 8305 Two (2) or More Ballots Deposited
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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…
3 GCA § 8306 Neglect or Failure to Return Ballot
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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…
3 GCA § 8307 Forging or Counterfeiting Returns
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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…
3 GCA § 8308 Unlawful Acts as to Poll List, Ballots and Ballot Boxes
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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…
3 GCA § 8401 Prohibited Acts by Officers
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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…
3 GCA § 8402 Offenses by Officers
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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 …
3 GCA § 8403 Interference with Precinct Board, Commission or Voters
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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…