Title 3, Elections

The Election Commission shall not accept any petition on a proposed initiative measure unless it has been certified as provided in § 16209, and has met the qualifications provided for in § 16201 of this Chapter. SOURCE: GC § 2960.16. Added by P.L. 14-023 (May 3, 1977). Reenacted …

For the purpose of submitting an initiative measure, a referendum, or any submission by I Liheslatura (the Legislature) to the electors, the Commission may, pursuant to a call by I Maga’låhen Guåhan or I Liheslaturan Guåhan, conduct a special election dealing only with such measu…

Requirements and Form. The Commission shall develop the registration requirements and rules and regulations governing the information requisite for discovery of financial and shareholder or member disclosure requirements contained herein that stipulate the essential financial inf…

Any person, and all individual shareholders or members of any organization, partnership, corporation, committee, or business, which receives funds or makes expenditures in an effort to directly support or put forward any initiative must register and file financial disclosure repo…

Financial disclosure reports shall list all individual shareholders or members of any organization, partnership, corporation, committee, or business which receives funds or makes expenditures in an effort to directly support or put forward any initiative. SOURCE: Added by P.L. 31…

At the time of filing of an initiative, any person, and all shareholders and or members of any organization, partnership, corporation, committee, or business, which receives funds or makes expenditures in an effort to directly support or put forward any initiative must be registe…

A fiscal impact statement shall be required for all initiatives that have an effect upon the revenues or the expenditure of any funds of the 07312013 government of Guam. A waiver of a fiscal impact statement shall be required for all measures that do not have an effect upon the r…

The fiscal impact statement, or waiver thereof, shall be prepared by the Director of the Bureau of Budget and Management Research (BBMR), in coordination with the director of the department, agency or appropriate government instrumentality, affected by the initiative. The fiscal …

A fiscal impact statement shall contain the best estimate of the fiscal impact of an initiative for the fiscal year in which it would become effective, if enacted, and for the next four (4) succeeding fiscal years. If the fiscal impact of the measure is not expected to occur with…

The fiscal impact statement shall be attached to any voter information pamphlet circulated by the Commission. Proponents shall assume the costs associated with printing their independent fiscal impact statement and reimburse the Commission for costs it incurs in appending the ind…

A referendum measure may be proposed by presenting petitions to the Election Commission, as set forth in this Chapter, signed by voters equal in number to twenty percent (20%) of all votes counted for all candidates for I Maga’låhen Guåhan at the last preceding general election a…

A referendum measure embracing unrelated subjects may not be submitted to the voters. SOURCE: GC § 2960.18. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17302. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. …

The Election Commission shall submit the referendum to the electors, after certification, at the next general election held at least ninety (90) days after it qualifies, or, in a Guam at-large special election held at least ninety (90) days after certification; provided, however,…

(a) Across the top of each page of a referendum petition, there shall be printed in twelve (12)-point font size Roman bold face type the following: “REFERENDUM AGAINST AN ACT PASSED BY THE LEGISLATURE” (b) The summary prepared by the Election Commission shall be printed beneath t…

Across the top of each page after the first page of every referendum petition which is prepared and circulated, there shall be printed a short title, not to exceed twenty (20) words, describing the nature of the petition and the subject to which it relates. SOURCE: GC § 2960.21. …

(a) Each section of the referendum petition shall have a one (1) inch column to the left of the place for printed names for use of the precinct board. Each petition signer shall sign next to his or her printed name, and in the next place, print his or her place of residence (givi…

Officers required by law to receive or file any referendum petition shall not receive or file any referendum petition which does not conform with the provisions of this Title. SOURCE: GC § 2960.23. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983).…

An officer receiving or filing any referendum petition shall preserve the petition for four (4) years and may destroy the petition after four (4) years, unless it is in evidence in some action or proceeding then pending. SOURCE: GC § 2960.24. Added by P.L. 14-023 (May 3, 1977). R…

Time for Circulation and Filing of Petitions. The date a summary of a proposed referendum measure is delivered or mailed by the Election Commission to the proponents is designated as the “official summary date” for the proposed referendum measure. 07312013 No petitions for a prop…

Ballot. The Election Commission shall not accept any petition on a proposed referendum measure unless it has been certified, as provided in § 16306, and has met the qualifications provided for by § 16301 of this Chapter. SOURCE: GC § 2960.26. Added by P.L. 14-023 (May 3, 1977). R…

Notwithstanding any other provision of law, no increase in real property tax, liquid fuel tax, business privilege tax or any locally enacted and administered tax on Guam shall go into effect without the approval of the voters of Guam in a referendum held during a general election…

Certain Fees. The provisions of § 16311 of this Article and Chapter shall apply in the case of any general obligation bond of the government of Guam in excess of Twenty-Five Million Dollars ($25,000,000), as well as in the case of the creation of any new fee for service proposed …

Submission. No measure shall be submitted to the voters by I Liheslaturan Guåhan unless it shall have been adopted by a majority of affirmative votes of all the Members. SOURCE: GC § 2960.27. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codif…

the People by I Liheslatura (the Legislature). A majority of the valid votes cast thereon shall be necessary for the approval of any legislative submission placed on the ballot by I Liheslatura (the Legislature). SOURCE: GC § 2960.28. Added by P.L. 14-023 (May 3, 1977). Reenacted…

(a) Whenever I Liheslatura (the Legislature) submits any measure to the voters, the author of the measure and one (1) Member of I Liheslatura (the Legislature) who voted with the majority for the submission of the measure shall be appointed by the Speaker to draft an argument for…

If a measure to be submitted to the voters by I Liheslatura (the Legislature) was not adopted unanimously, one (1) Member who voted against it shall be appointed by the Speaker, at the same time as appointments to draft an argument in its favor are made, to write an argument agai…

Arguments prepared by legislators appointed by the Speaker shall be submitted to the Election Commission within forty-five (45) days after the 07312013 adoption of the legislative submission measure by I Liheslaturan Guåhan. If the arguments are not submitted within forty-five (4…

Any voter or group of voters may, no less than forty-five (45) days prior to the election at which the measure is to be presented to the voters, prepare and file with the Election Commission an argument for or against any initiative or referendum measure or legislative submission…

If more than one (1) argument for or more than one (1) argument against any measure is filed within the time prescribed, the Election Commission shall select one (1) of the arguments for printing in the ballot pamphlets. In selecting the argument, the Election Commission shall gi…

No more than three (3) signatures shall appear with any argument printed in the ballot pamphlet. If any argument is signed by more than three (3) persons, the signature of the first three (3) shall be printed. SOURCE: GC § 2960.34. Added by P.L. 14-023 (May 3, 1977). Reenacted by…

Whenever any measure qualifies for a place on the ballot, the Election Commission shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall be printed in the ballot pamphlet betwee…

The Election Commission shall cause to be printed one and one-tenth (1 1/10) times as many ballot pamphlets as there are registered voters. SOURCE: GC § 2960.36. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17508. Repealed…

The ballot pamphlets shall contain: (a) a complete copy of any measure submitted to the voters by: (1) I Liheslaturan Guåhan; or (2) by initiative or referendum petition; (b) a copy of the specific statutory provision, if any, proposed to be affected; (c) a copy of the arguments …

Any defect in the ballot pamphlet shall not cause a delay in the election or be grounds to invalidate the election. SOURCE: Added by P.L. 27-108:4 (Oct. 27, 2004) as 3 GCA § 17509.1. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

The Election Commission shall prescribe the format of the ballot pamphlet subject to the conditions set forth in § 16507 and § 16509, and further subject to the condition that the required material be presented in a manner to facilitate full understanding of an issue. SOURCE: GC …

Immediately after copies of the ballot pamphlet are available, the Election Commission shall deliver the following number of copies to the following: (a) one (1) copy to each registered voter; (b) one (1) copy to each village mayor; (c) one (1) copy to each judge of the Superior …

Pursuant to its powers under Chapter 2 of this Title, the Election Commission shall promulgate the necessary administrative rules and procedures to effectuate the purposes of this Chapter. SOURCE: GC § 2960.40. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (O…

Chapter 16 of Title 3 of the Guam Code Annotated (this Chapter) is hereby reenacted. Such reenactment is to conform with 48 U.S.C. § 1422a, as amended by Act of October 19, 1982, Public Law 97-357, Title I, § 101, 96 Stat. 1705. SOURCE: Added by P.L. 17-025:III:8 (Oct. 7, 1983) a…

The Election Commission shall verify all petitioners for any initiative, referendum, or recall, to ensure that all persons are duly registered to vote in Guam. In order to facilitate the verification of petitioners, the Election Commission may promulgate rules allowing proponents…

If any part or parts of this Act are found to be inconsistent with the Constitution of the United States or the Organic Act of Guam, the remainder of the Act shall remain in force. If the Organic Act is replaced by a popularly developed Constitution, this Act shall be deemed to b…

When used in this Chapter: (a) “Advertisement” means: (1) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a candidate, which identifies a candidate directly or by implication, or which advocates or supports the nomination for elec…

The Election Commission shall supervise campaign contributions and expenditures, and its duties in regards to this Chapter shall include, but not be limited to, the following: (a) to ascertain whether any candidate, committee, political party, or other person has failed to file a…

All reports required to be filed by this Chapter by a candidate or committees supporting a candidate with his consent shall be certified as correct by the candidate. All reports required to be filed under this Chapter by a political party or any other committee shall be certified…

If a candidate dies prior to the filing of his or her final report, the campaign treasurer for the election committee of said candidate shall file a final report as required by § 17118. The treasurer shall note in the report that the candidate is deceased and that it will be the …

If a candidate passes away after a final report has been submitted to the Commission, but before a supplemental report is due regarding a deficit or surplus as provided in Subsections (c) and (d) of § 17118, COL 2025-08-27 the treasurer or authorized representative of the candida…

Each candidate, committee, and political party shall file an organizational report no later than the earliest of the following applicable days: (a) on or before the day of filing for nomination or election; (b) by the tenth (10th) day after receiving any contributions for the nex…