Title 3 — Elections

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 Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2521.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 Repealed and reenacted to this section by P.L. 31-…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 Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, …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…

The Election Manual shall prescribe in detail the procedures to be followed in the conduct of elections. SOURCE: GC § 2350. Codified as 3 GCA § 9101. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

The Commission shall furnish each precinct board with a copy of the Election Manual. SOURCE: GC § 2351. Codified as 3 GCA § 9102. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

The precincts shall be arranged so that neither the ballot boxes nor tables on which they are placed shall be hidden from the view of voters outside the guard-rail, rope or other barricade. SOURCE: GC § 2352. Codified as 3 GCA § 9103. Repealed and reenacted by P.L. 31-255:2 (Dec.…

No person shall, during an election, remove or destroy any of the supplies or other conveniences placed in the voting booths or on the tables for the purpose of enabling the voter to prepare his or her ballot. SOURCE: GC § 2353. Codified as 3 GCA § 9104. Repealed and reenacted by…

No person shall, during an election, remove, tear down or deface any card printed outlining instructions for the voters. SOURCE: GC § 2354. Codified as 3 GCA § 9105. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

On the day of any election, the precinct board shall post instruction cards in each booth or table provided for voter preparation of the ballots, and at other places in and around the polling site within easy access to the voters. Such instructions shall be printed in both the En…

[Repealed.] SOURCE: GC § 2356. Codified as 3 GCA § 9107. Amended by P.L. 25-146:35 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Repealed by P.L. 38-018:2 (June 17, 2025).

Before the precinct board issues or receives any ballots it shall proclaim aloud at the place of election that the polls are open. SOURCE: GC § 2357. Codified as 3 GCA § 9108. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). COL 2025-08-27

The polls shall be opened at seven (7) o’clock a.m. of the day of an election, and shall remain open until eight (8) o’clock p.m. of the same day, at which time the precinct leader shall declare aloud that the polls are closed, except as provided in § 9143. SOURCE: GC § 2358. Cod…

A polling place shall not be any place where any alcoholic beverage is sold or dispensed. A polling place shall not be connected by a door or window or other opening with any place where any alcoholic beverage is sold or dispensed. SOURCE: GC § 2360. Codified as 3 GCA § 9111. Rep…

Within one hundred (100) feet of a polling place, no person shall solicit a vote or speak to a voter on the subject of marking his or her ballot or on behalf of, or against, any candidate. SOURCE: GC § 2361. Codified as 3 GCA § 9112. Repealed and reenacted to this section by P.L.…

(a) No person shall do any electioneering on election day within one hundred (100) feet of any entrance and/or exit of any polling place. In the case of a school, the entrance is hereby defined as the entrance gate, if the school is fenced. The Commission may, on a case-by-case b…

A guard-rail, rope or other form of barricade shall be assembled, constructed or arranged and placed so that only those persons who are inside the barricade can approach within six (6) feet of the ballot boxes, booths, tables or other facilities set up for voting. SOURCE: GC § 23…

(a) Only voters engaged in receiving, preparing or depositing their ballots, the precinct board, and any other person specifically permitted by law, shall be authorized to be within the barricade before the closing of the polls. (b) At all times while the precinct board is presen…

Before receiving any ballots, the precinct board shall, in the presence of any voters already assembled at the polling place, display the locked ballot box. Thereafter, the ballot box shall not be removed from the polling place or from the presence of any voters until the polls a…

The registration roster and tally list provided by the Commission to each precinct board shall be in the form outlined in the Election Manual. SOURCE: GC § 2366. Codified as 3 GCA § 9117. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This sec…

Not more than one (1) member of any precinct board shall be absent at any time from the polling place at any one (1) time. SOURCE: GC § 2367. Codified as 3 GCA § 9118. Amended by P.L. 25-146:37 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 201…

A person present to vote may be orally challenged by any voter of the same precinct upon any or all of the following grounds: COL 2025-08-27 (a) that he or she is not the person whose name appears on the register; (b) that he or she is not a resident of Guam; (c) that he or she i…

(a) The precinct board shall immediately examine on oath the challenged individual and his or her witnesses, if any, together with the voter who called the challenge and his or her witnesses, if any. The precinct board may give the voter challenged and the voter who offered the c…

If the voter challenged refuses to take the oath tendered, or refuses to be sworn and to answer questions regarding the matter of the challenge, he or she shall not be allowed to vote. SOURCE: GC § 2370. Codified as 3 GCA § 9121. Repealed and reenacted to this section by P.L. 31-…

At any time when a challenge is made, the precinct board shall immediately notify the Commission telephonically and in writing, and shall maintain and keep a record showing: (a) the names of all persons challenged; (b) the names of all challengers; COL 2025-08-27 (c) the grounds …

The precinct board, in determining the place of residence of any person, shall be governed by the rules set forth in this Chapter, as far as they are applicable. SOURCE: GC § 2373. Codified as 3 GCA § 9123. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). …

(a) Each person’s residency shall be determined individually; that is, no person’s residency shall conclusively determine the residency of that person’s spouse or child. The Commission shall not register any applicant who fails to provide sufficient information for it to determin…

(a) Notwithstanding the provisions of § 9123 of this Chapter respecting residency, any citizen of the United States living outside of the United States shall be considered a resident of Guam and shall have the right to register according to the terms of this Chapter; provided, th…

(a) Every voter shall be entitled, on the day of every election at which he or she is entitled to vote, to absent himself or herself from any service or employment in which he or she is then engaged or employed for two (2) consecutive hours between the time of opening and the tim…

(a) A person desiring to vote shall state his or her full name and address to the precinct officials at the polling place and shall present a validly issued photo identification card issued by a federal, state, Guam secondary school, Guam post-secondary school or government of Gu…

If the full name or surname of any person desiring to vote has been legally changed since that person registered, that person shall report both his or her name as it was before the change, and his or her name as it is at the time of the election; provided, that the person present…

Only one (1) ballot or one (1) set of ballots shall be given to each voter. SOURCE: GC § 2384. Codified as 3 GCA § 9131. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2361, entitled “Reporting of…

No person, other than a member of the precinct board, shall hand over, give or deliver any ballot to any voter. SOURCE: GC § 2385. Codified as 3 GCA § 9132. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified fr…

Booths shall not be occupied by more than one (1) person at a time, except as provided by § 9136. Voters shall not remain in or occupy a booth longer than is necessary to mark their ballots. SOURCE: GC § 2386. Codified as 3 GCA § 9133. Repealed and reenacted to this section by P.…

Upon receiving a ballot or set of ballots, the voter shall forthwith, and without leaving the enclosed area, proceed alone to one (1) of the designated places, booths or tables provided to prepare his or her ballot. SOURCE: GC § 2387. Codified as 3 GCA § 9134. Repealed and reenac…

In voting, the voter shall place the appropriate mark in the voting oval or other defined space provided adjacent to the name of any nominee for whom he or she intends to vote, or shall vote for a candidate or person whose name is not printed on the ballot by writing in a name fo…

Where two (2) or more persons are to be nominated for or elected to the same office, and the voter desires to vote for that office, the voter shall clearly mark or darken the oval or other space provided adjacent to the names of all the candidates for that office for whom the vot…

A voter shall not place any random mark upon a ballot by which it may be later identified as the one voted on by him or her. SOURCE: GC § 2390. Codified as 3 GCA § 9137. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originall…

After a ballot is marked, a voter shall not show it to any person in such a way as to reveal its contents. SOURCE: GC § 2392. Codified as 3 GCA § 9138. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC…

(a) A voter may request assistance in voting to the precinct board, and assistance shall be granted thereby only if a voter is blind, physically disabled, or unable to read or write. (b) If a voter is granted assistance, the voter shall be accompanied into the voting booth by one…

Any voter who spoils a ballot may return it to a member of the precinct board and receive another in its place, one (1) at a time, not to exceed three (3). SOURCE: GC § 2397. Codified as 3 GCA § 9143. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 N…

The precinct board shall immediately cancel a spoiled ballot returned by a voter by writing the letter “X” upon the face of the ballot in ink or indelible pencil. All spoiled ballots shall be counted and placed and sealed in an envelope endorsed “Spoiled Ballots,” and returned to…