Title 3 — Elections

Any voter who does not mark the ballot issued or delivered to him or her shall, before leaving the polling place, cast the ballot in the ballot box. SOURCE: GC § 2399, entitled “Cancellation of ballot received but not voted.” Codified as 3 GCA § 9145. Repealed and reenacted to th…

Every precinct board shall account for all ballots delivered to that precinct by returning all unused ballots which, when added to the number of ballots cast and the number of spoiled ballots returned, shall equal the total number of ballots assigned and delivered to that precinc…

No person shall ask another at a polling place for whom he intends to vote. SOURCE: GC § 2402. Codified as 3 GCA § 9148. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2395, entitled “Two (2) or M…

Unless otherwise provided by law, no person shall remove any ballot from any polling place before the closing of the polls. SOURCE: GC § 2403. Codified as 3 GCA § 9149. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally…

At eight (8) o’clock p.m., the precinct leader shall proclaim aloud that the poll has closed. After the proclamation, no ballot shall be received. However, if at the hour of closing there are voters within the polling place or in line at the door, who are qualified to vote and ha…

Anyone who arrives at the polling place after the polls have closed shall not be entitled to vote. SOURCE: GC § 2405. Codified as 3 GCA § 9151. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2398,…

Immediately upon the closing of the polls, the members of the precinct board shall, in the presence of other authorized persons in the polling place who may desire to observe them, proceed to deface every unused ballot by writing the letter “X” across its face in ink or indelible…

No earlier than thirty (30) days after the Commission has certified the election results, provided that no election contest is pending resolution, the Commission shall dispose of the unused defaced ballots in a manner it deems appropriate. SOURCE: GC § 2407. Amended by P.L. 12-14…

Any qualified voter of Guam may, as provided in this Chapter and subject to the conditions of this Section, vote in any election by absentee ballot if he or she will be prevented from personally going to the polls and voting on election day because of: (a) the conduct of his or h…

(a) Except as provided herein under Subsection (b), any voter, under any of the circumstances specified in § 10101 may, not less than three (3) days, or, if application is made in person, not later than during the regular office hours of the day prior to any election, make applic…

(a) Application for an absentee ballot shall be made substantially in the following form: “APPLICATION FOR ABSENTEE BALLOT TO BE VOTED AT THE ELECTION ON GUAM ON THE _________________ DAY OF ________, 20_____ District or Municipality __________________. I, (Print or type full nam…

(a) Armed Forces or absentee application. A voter who (1) is eligible for an absentee ballot; (2) wants to execute an affidavit or form for voter registration; and (3) is absent from Guam or is an active member of the Armed Forces of the United States, including National Guard or…

Immediately below the form prescribed by § 10103, there shall be printed in full § 10124 of this Chapter, and § 8306 of Chapter 8. SOURCE: GC § 2454. Codified as 3 GCA §10105. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

When the Commission is requested to mail an absent voter’s ballot to an elector, and the address to which said ballot is to be mailed is a point outside of Guam, the Commission shall mail the absent voter’s ballot to the elector by airmail as soon as the request is received, prov…

Notwithstanding the conditions prescribed in § 10101 of this Chapter, the Commission shall deliver a ballot to any qualified voter applying in person at the office of said Commission; provided, however, that such applicant shall complete and subscribe the application and affidavi…

The Commission shall deliver a ballot to any qualified elector classified under § 10101(b) of this Chapter applying in person or by telephone; provided, however, that such applicant shall complete and subscribe the application heretofore prescribed in § 10103 of this Chapter; pro…

The absentee ballot may, but need not be, in the same form as the regular ballot used in the election. For off-island absentee voters, uniformed and overseas citizens voting absentee, the Commission shall inform such absentee voters of the option to request to receive an absentee…

It shall be the duty of the Commission to furnish the absentee voter with a blank ballot in an unmarked ballot envelope. Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, the Commission shall also furnish the absentee …

On the reverse side of the envelope prescribed in § 10109 shall be printed a blank form of an affidavit in substantially the following form: “AFFIDAVIT District or Municipality of___________________________, Guam I, __________________________, do solemnly swear that the (Print or…

Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, the voter, on receipt of said ballot, shall, in the presence of the officer administering the oath and of no other person, mark such ballot or set of ballots, but in su…

Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, after marking said ballot the voter shall, before said officer, mark and subscribe to the voter’s affidavit, and, in the presence of said officer, place said ballot in …

Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, at any time on or before the day of an election an absentee voter may appear before the Commission, or any person appointed or designated by the Commission may go to an…

The sealed returned envelope containing the ballot or set of ballots may be delivered to the Commission at its main office or its postal address at any time prior to the closing of the polls, and within ten (10) days after any election and by 5:00 p.m. on the tenth (10th) day aft…

The returned envelope containing the ballot or set of ballots and affidavit, together with the voter’s application, shall be delivered by the Commission on election day to the precinct board or member thereof of the precinct in which the voter is qualified to vote. The Commission…

All ballots forwarded to absent voters and not physically received by the Commission at its main office prior to the closing of the polls, or within ten (10) days after any other election day or by 5:00 p.m. on the tenth (10th) day after any election shall be rejected. SOURCE: GC…

At any time between the opening and closing of the polls on election day, the precinct board shall announce the absent voter’s name, and compare the signature between that shown upon the application and the signature upon the affidavit. The precinct board shall determine if the a…

In the event the affidavit is found to be insufficient, or the signature on the affidavit and the application do not correspond, or the applicant is not a duly qualified elector in such precinct, or the ballot envelope or return envelope is open or has been opened and resealed, o…

Every ballot not accepted shall be endorsed on the back of the ballot envelope “Rejected because ____________ (giving reason therefore).” All such rejected ballots shall be enclosed and securely sealed in an envelope on which the precinct board members shall endorse “Defective Ba…

The precinct board shall, when the absentee ballot envelope is deposited in the ballot box, enter the absentee voter’s name on the registration index if not already shown on the roster. SOURCE: GC § 2472. Codified as 3 GCA § 10123. Repealed and reenacted to this section by P.L. 3…

The vote of any absent voter may be challenged for cause, and the precinct board shall determine, in accordance with the provisions of this Title, the legality of such ballot. SOURCE: GC § 2474. Codified as 3 GCA § 10124. Repealed and reenacted to this section by P.L. 31-255:2 (D…

When it shall be made to appear by due proof to the precinct board that any absent voter who has submitted his or her ballot in accordance with the provisions of this Chapter has died before the ballot is deposited in the ballot box, the ballot envelope of such deceased voter sha…

Any person who willfully swears falsely to any affidavit prescribed in this Chapter shall be punishable in accordance with the provisions of Chapter 8 of this Title. SOURCE: GC § 2476. Amended by P.L. 13-187:45 (Sept. 2, 1976). Codified as 3 GCA § 10126. Repealed and reenacted to…

Unless otherwise indicated, the provisions of this Chapter shall apply to all elections held on Guam. SOURCE: GC § 2500. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

All members of the precinct boards shall be present at the closing of the polls. SOURCE: GC § 2501. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

If a precinct board finds two (2) or more of the same ballots upon opening an absentee voter’s envelope, it shall lay them aside until the count of the ballots is complete. If, upon comparison of the count between ballots cast in that precinct and the number of voters on the rost…

If the ballots in the box exceed in number the names on the roster who voted, one (1) of the members of the precinct board shall, while being observed by the other precinct board members and without looking into the box, draw out singly a number of ballots equal to such excess. T…

When the number of ballots equal or made thus to equal with the number of names on the roster who voted, the precinct board shall document the totals by writing in words and figures at the foot of the roster, and signed by those precinct board members who counted the ballots and …

All rejected ballots shall be endorsed on the back of the ballot envelope “Rejected because (giving reason therefore).” Said envelope shall be signed by the members of the precinct board and returned to the Commission at the Election Return Center after the polls close. SOURCE: G…

The locked ballot box, accompanied by the roster, all documents, all endorsements, and all ballots, including spoiled ballots, unused and defaced ballots, and rejected defective ballots shall be brought to the Election Return Center for tabulation. A representative of each politi…

The Commission shall maintain within Guam an Election Return Center for the tabulation of votes and publication of returns. SOURCE: GC § 2508, as repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Amended by P.L. 12-149:20 (June 19, 1974). Codified as 3 GCA § 11109. Repeal…

The Commission may appoint such persons as may be necessary for the manual tabulation of ballots and/or for the operation of the vote tabulating device, and to keep watch on such tabulation for any possible illegal vote or any error or omission on the part of the persons tabulati…

Notwithstanding any other provision of law, the Guam Election Commission may authorize ballots to be tabulated at the precincts. Tabulating of ballots by the precinct board shall be a cross-check of the tabulating of ballots by the Election Commission at the Election Return Cente…

At any election, any ballot which is not marked as provided by law shall be void, but the ballot shall be preserved. Two (2) or more markings in one (1) voting oval or other defined space provided, or a mark made partly within and partly without a voting oval or other defined spa…

If a ballot is folded, torn, bent, mutilated or otherwise defective so that it cannot be so tabulated by a vote tabulating machine, the Commission may cause a duplicate to be punched, slotted or otherwise marked in the presence of at least two (2) Commission members, one (1) from…

At any election a ballot shall not be rejected for any technical error which does not render it impossible to determine the voter’s choice, even though the ballot may be soiled or defaced. SOURCE: GC § 2519. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972), as GC § 2513. …

Not “Votes Cast” for Calculating a Majority. If a voter indicates either: (a) by placing the voter’s marks in the voting ovals or other defined spaces provided adjacent to the names of any candidates or nominees; or (b) by writing the names of persons for an office in the blank l…

If the write-in voting oval or other defined space is marked, a write-in vote shall be counted for the office under which it is marked, provided a name is written alongside the voting oval or other defined space shown. If the total number of write-in votes counted for an office c…

No mark upon a ballot which is unauthorized by this Title invalidates a ballot, unless it appears that the mark was placed there by the voter for the purpose of identifying the ballot. SOURCE: GC § 2512. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2516. Codif…

As soon as the valid votes marked on the ballots are tabulated and the Commission is satisfied as to the accuracy of the tabulation, such ballots shall not thereafter be examined by any person, except upon a recount or audit as provided in this Chapter. The counted ballots shall …

In every election, except the primary election, the Guam Election Commission shall not certify the election results until the GEC makes a determination on all election complaints or causes for contest brought to the attention of the GEC within fifteen (15) calendar days of the el…