Title 3, Elections

The Commission shall, on the day of the closing of the polls, keep the Election Return Center open for the tabulation of election results until each and every ballot has been received and tabulated and the results thereof made public. SOURCE: GC § 2535. Repealed and reenacted by …

The Commission may incur expenses for all clerical assistance and other necessary expenses, including the transportation of precinct boards between their respective precincts and the Election Return Center. SOURCE: GC § 2536. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 197…

If the rosters, certificates or other forms from any precinct are incomplete or ambiguous, or not properly authenticated, or are otherwise defective, the Commission, by a majority vote, may order issued and served subpoenas requiring the attendance of such persons and records bef…

The Commission may require a precinct board to correct or complete its rosters, certificates or other forms or its authentications thereof, so that they show correctly any information required thereon. SOURCE: GC § 2538. Repealed and reenacted by 11-209:27 (Dec. 22, 1972) as GC §…

Immediately after the certification of all election results, the Commission shall declare elected to each office those persons having the highest number of votes for that office. SOURCE: GC § 2539. Repealed and reenacted by 11-209:27 (Dec. 22, 1972) as GC § 2532. Codified as 3 GC…

Immediately after declaring certification of the results of any election, the Commission shall make, or cause to be made, a “Certificate of Election” for every person elected to office. The form of such certificates shall be prescribed in the Election Manual. The Commission shall…

Except in the case of the office of I Maga’hågan/I Maga’låhen Guåhan or I Sigundo Maga’hågan/I Sigundo Maga’låhen Guåhan, in the event that a candidate dies after he or she has been certified as elected and prior to the commencement of his or her term, the Commission shall certif…

In those years when the ballot contains the names of candidates for President and Vice-President of the United States, the Commission shall declare the results of said election and shall, by written direction, order the Chairperson of the Election Commission to act as the elector…

If the tabulation indicates that a difference in votes is two percent (2%) or less, the Commission shall conduct a recount of the votes. At the end of the recount all ballots shall be returned to the precinct envelopes and resealed with the majority of the Commission writing thei…

The Commission shall not review any ballots except as permitted on a recount. SOURCE: GC § 2535, entitled “Opening ballots.” Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC

Immediately upon the completion of the tabulation of all ballots, the Commission shall enter on its record a statement of the results, which shall show: (a) the total number of votes cast on Guam; (b) the names of the persons and the total number of votes tabulated for each candi…

The Commission shall be responsible for the preservation of all the ballots cast and all rosters and certificates delivered to it by the precinct boards for a period of five (5) years after the date of the election. The Commission shall be required to produce such ballots upon th…

2012 NOTE: This section was originally codified from GC § GC § 2538, entitled “Same: correction or completion.” Reenacted as 3 GCA § 11126 by P.L. 31-255:2 (Dec. 11, 2012).

2012 NOTE: This section was originally codified from GC § 2539, entitled “Declaration of results.” Reenacted as 3 GCA § 11127 by P.L. 31-255:2 (Dec. 11, 2012).

When used in this Chapter, contestant means any person initiating an election contest. Defendant means that person whose election or qualification is contested or those persons receiving an equal or higher number of votes, other than the contestant, when the body canvassing the 0…

Any voter of Guam in a general election, or of a municipality or precinct in a municipal election, may contest any election held therein for any of the following causes: (a) that the person who has been declared elected to an office other than as a Member of I Liheslaturan Guåhan…

No irregularity or improper conduct in the proceedings of any precinct board shall void an election result unless such irregularity or misconduct resulted in a defendant being declared either elected or tied for election. SOURCE: GC § 2602. Codified as 3 GCA § 12103. Repealed and…

An election shall not be set aside on account of illegal votes unless the Commission determines that such number of illegal votes has been given to the person whose right to the office is contested or who has been certified as having tied for first place, which, if taken from the…

When a voter contests any election, he or she shall file with the Superior Court of Guam a written complaint, setting forth specifically: (a) the name of the contestant, and that he or she is a registered voter of a municipality or precinct of Guam, as the case may be, in which t…

The contestant shall verify the statement of contest and shall file it in the Superior Court of Guam within fifteen (15) days after the declaration of the result of the election by the body canvassing the returns thereof. SOURCE: GC § 2605. Codified as 3 GCA § 12106. Repealed and…

When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one (1) or more specific voting precinct votes were given to the defendant, which, if taken from him or her would reduce the number of his or her legal votes below th…

A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular ground or cause for which the election is contested. …

Within five (5) days after the end of time allowed for filing statements of contest, the Superior Court of Guam shall thereupon order a special session to be held on some day to be declared by the Court, not less than ten (10) or more than twenty (20) days from the date of its or…

The Clerk of the Court shall thereupon issue a citation for the defendant to appear at the time and place specified in the order, which citation shall be delivered and served upon the parties at least five (5) days before the time so specified, either: (a) personally; or (b) if t…

The Clerk of the Court shall issue subpoenas for witnesses at the request of any party, which shall be served as are other subpoenas. The Superior Court may issue body attachments to compel the attendance of witnesses who have been subpoenaed to attend the Court. 07312013 SOURCE:…

The Superior Court of Guam shall meet at the time and place designated, to determine the contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until the trial is ended, and may also continue the trial, before its …

At the trial the ballots shall be opened and a recount taken, in the presence of all parties, of the votes cast for the various candidates in all contests where it appears from the statements filed that a recount is necessary for the proper determination of the contest. The Super…

In the trial and determination of election contests, the Court shall be governed by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable. It may dismiss the proceedings if the statement of the cause of the co…

The Court shall continue in special session to hear and determine all issues arising in contested elections. After hearing the proofs and allegations of the parties, and within ten (10) days after the submission thereof, the Superior Court shall file its findings of fact and conc…

If in any election contest it appears that another person than the defendant has the highest number of legal votes, the Court shall declare that person elected. SOURCE: GC § 2615. Codified as 3 GCA § 12116. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

The person declared elected by the Superior Court is entitled to a certificate of election. If a certificate has not already been issued to him or her, the Commission shall immediately prepare and deliver to that person a certificate of election signed by the Court and authentica…

If the Commission has issued any certificate for the same office to any other person than the one declared elected by the Court, such certificate shall become annulled by the judgment of the Court. SOURCE: GC § 2617. Codified as 3 GCA § 12118. Repealed and reenacted by P.L. 31-25…

If the proceedings under this Chapter are dismissed for insufficiency of evidence to support any of the bases for the claims, or for want of prosecution, or the election is confirmed by the Court without any claims 07312013 proven, judgment may be rendered against the contestant,…

Where two (2) or more contests are joined for the purpose of recounting votes as provided in this Chapter, the costs shall be apportioned among the parties at the discretion of the Court. SOURCE: GC § 2619. Codified as 3 GCA § 12120. Repealed and reenacted by P.L. 31-255:2 (Dec. …

Any party aggrieved by the judgment of the Superior Court of Guam may appeal therefrom to the Supreme Court of Guam, as in other cases of appeal thereto from the Superior Court, except on an expedited basis. During the pendency of proceedings on appeal, and until final determinat…

Whenever an election is annulled or set aside by the judgment of the Superior Court, and no appeal has been taken within ten (10) days thereafter, the certification, if any has been issued, is void and the office is vacant. SOURCE: GC § 2621. Codified as 3 GCA § 12122. Repealed a…

If at any election, two (2) or more persons receive an equal number of votes which is the highest number of ballot votes cast for the same office, a judge of the Superior Court of Guam shall forthwith summon the candidates who received the votes to appear at a time to be designat…

Every person entitled to vote at a regular election shall be entitled to vote in any special election. All special elections shall be conducted in the same manner and form as a regular election, except as otherwise provided. SOURCE: GC § 2650. Codified as 3 GCA § 13101. Repealed …

Vacancies in I Liheslaturan Guåhan (the Guam Legislature) shall be recognized by the Guam Election Commission, if not in conflict with any resolution by I Liheslaturan Guåhan (the Guam Legislature). SOURCE: GC § 2652. Codified as 3 GCA § 13103. Repealed and reenacted to this sect…

Legislature). The Guam Election Commission shall call for and conduct a special election on a Saturday on or about sixty (60) days of any vacancy whenever one (1) or more vacancies occur therein prior to eight (8) months before the date of the next general election of Members of …

A runoff election is a continuation of the election that precipitated the need for the runoff and is not a separate election. Unless otherwise provided in law, the procedures for a general election shall apply to a runoff election. SOURCE: 3 GCA § 13105 as reenacted by P.L. 25-14…

Upon the Commission determining that a runoff election is required, the Commission shall order and conduct a runoff election to be held on the fourteenth (14th) day following the date of the election which precipitated the need for the runoff. The Commission shall publish notice …

and Vice Mayor. The municipal offices of Mayor and Vice Mayor become vacant on the happening of any of the following events: (a) death of the incumbent; (b) declaration of mental incompetence by a final judgment or final order of a court of competent jurisdiction; (c) resignation…

Municipal Offices of Mayors and Vice Mayors. The Guam Election Commission shall call for a special election on a Saturday on or about sixty (60) days after a vacancy occurs in an office of Mayor or Vice Mayor, whenever one (1) or more vacancies occur therein two hundred forty (24…

Persons eligible to vote in a runoff election shall be the same voters who were eligible to vote at the election that precipitated the need for the runoff. When a runoff election is required, the Commission shall not purge the names of any voters for non-participation after a gen…

In the event that a runoff election is required pursuant to § 1422 or § 1712 of Title 48 of the United States Code, the Commission shall mail to each person who participated by absentee ballot in the election precipitating the need for a runoff election an absentee ballot for the…