Title 3, Elections

If a registration clerk refuses to register any qualified elector on Guam, the elector may appeal such refusal to the Commission, and if the Commission upholds or affirms the ruling of the registration clerk, such qualified elector may proceed by action in the Superior Court to c…

Costs shall not be recovered against the registration clerk in any action under this Chapter, unless it is alleged in the complaint, and established in the trial, that the registration clerk knowingly and willfully violated his or her duty. SOURCE: GC § 2070. Codified as 3 GCA § …

Upon the personal or written application of any person, the Election Commission shall provide him or her a certified copy of the entries upon the register relating to the applicant. SOURCE: GC § 2071. Amended by P.L. 12-117:3 (Mar. 28, 1974). Codified as 3 GCA § 3119. Repealed an…

Cancellation shall be made by writing in indelible ink or stamping on the affidavit of registration the word “cancelled,” the reason therefore, the signature of the cancelling official and the date of cancellation. SOURCE: GC § 2072. Codified as 3 GCA § 3120 and entitled “Cancell…

The registration of a voter is permanent for all purposes during that person’s life, unless and until the affidavit of registration is cancelled by the Commission for any of the causes specified in this Chapter. SOURCE: GC § 2073. Codified as 3 GCA § 3121. Amended by P.L. 25-146:…

The Commission shall cancel the registration of an elector in the following cases: (a) at the request of the person registered; (b) when the mental incompetence of a person registered is legally declared; (c) upon the production of a certification from the Guam Police Department,…

No later than the fifteenth (15th) day of each month, the Director of Public Health and Social Services shall furnish the Commission with an abstract of the register of deaths for all decedents sixteen (16) years of age and over, showing the: (a) full name; (b) sex; (c) date of b…

(a) Within ninety (90) days of the certification of the returns of any general election or a runoff election subsequent thereto, the Commission shall cancel the registration of any person who failed to vote in the general election pursuant to § 3121(f). Prior to the cancellation …

Every judge before whom proceedings are held which result in any person being declared incapable of managing or taking care of either himself or herself, or property, or both, and for whom a guardian of his or her person, or estate, or both, is accordingly appointed, or which res…

Any person may proceed by action in the Superior Court to compel the Commission to cancel any registration made illegally, or which should be cancelled by reason of facts that have occurred subsequent to the registration. If the voter whose registration is sought to be cancelled …

The Commission shall preserve all uncancelled affidavits of registration made for the purpose of procuring registration. The affidavits of registration shall constitute the register of voters required to be maintained by the provisions of this Title. SOURCE: GC § 2080. Codified a…

Within ten (10) days after the last day of registration for any election, the Commission shall compile the original affidavits of registration for each precinct in which the election is to be held in such manner as the Commission may prescribe in the Election Manual. SOURCE: GC §…

The Commission shall prepare an index of the registration of voters and provide sufficient copies thereof for use in any election. No later than July 1 of each odd-numbered year, the Commission shall distribute a copy of the index for each municipality to the mayor and vice-mayor…

Upon written demand of any candidate in any forthcoming election or upon written demand of a candidate’s campaign committee, the Commission shall furnish one (1) copy of the index of the registration of voters for such election, subject to a charge as may be prescribed in the Ele…

On the day of any election, the Commission shall maintain in its office, or at the Election Return Center in an easily accessible and organized form, the original affidavits of registration with supporting documentation to assist it in disposing of any challenges or questions tha…

Except during the ninety (90) days prior to a General Election, the Election Commission shall publish, separate from other listings on its website, the names of all new voters registered during each previous thirty (30) days. These monthly listings shall be provided as an update,…

The Commission shall, not less than thirty (30) days prior to the date set for any election, designate, announce and publish the official polling sites and the official precincts, along with the alphabetical range assigned to each precinct where the ballots are to be cast in such…

The Commission may fix and designate precincts within each polling place in such a manner that the total number of voters estimated at each precinct will not substantially exceed one thousand two hundred (1200). SOURCE: GC § 2101. Codified as 3 GCA § 4102. Amended by P.L. 21-100:…

The Commission shall, not more than ninety (90) days prior to any election, appoint the members of precinct boards. In the case of a runoff election, the precinct boards shall be the same as in the election precipitating the need for a runoff, unless determined otherwise by the C…

To every precinct designated for any election, the Commission shall determine the amount of board members not to exceed seven (7) members, consisting of one ( 1) precinct leader and up to six ( 6) precinct clerks. The concurrence of majority of the members shall be necessary for …

Each member of a precinct board shall be a registered voter of the district in which they are appointed and shall serve only in the precinct for which they are appointed; however, the Commission may appoint any individual to serve regardless of his or her voting precinct, as the …

No person shall act as a member of a precinct board until he or she has taken the oath prescribed in the Election Manual. SOURCE: GC § 2105. Codified as 3 GCA § 4106. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

The Commission, immediately after appointing the members of the precinct boards, shall maintain and file in its office a list of the full names and addresses of those appointed, and shall mail or deliver to each appointee a notice of such appointment, stating the position and pre…

The Commission shall publish the names of the members of the precinct boards in a newspaper of general circulation published in Guam at least two (2) times, the last publication to be not less than one (1) day before the day of any election. SOURCE: GC § 2107. Codified as 3 GCA §…

In constituting precinct boards, the Commission may in its discretion excuse or replace persons appointed and appoint substitutes, regardless of whether such person has taken the oath prescribed in the Election Manual. SOURCE: GC § 2108. Codified as 3 GCA § 4109. Repealed and ree…

If any member of a precinct board does not appear at the opening of the polls, the precinct leader, if present, shall appoint a substitute to fill the vacancy. The precinct leader shall immediately notify the Commission, which shall either ratify the appointment or make another a…

If, for any valid reason, the polling place designated for any precinct cannot be utilized, the Commission shall designate another polling place as near thereto as possible, post notice of the change at or near the place first designated, and conduct the election at the place sub…

If, during the progress of an election, the precinct leader ceases to act or becomes incapacitated, a member of the precinct board shall at once notify the Commission for action to appoint a new precinct leader. SOURCE: GC § 2112, entitled “Incapaciation of judge or clerk.” Codif…

The precinct leader shall appoint substitute precinct clerks if, during the progress of an election, any clerk ceases to act or becomes incapacitated, and shall immediately inform the Commission which shall ratify the appointment or make another appointment. SOURCE: GC § 2113, en…

If at any time on election day a substitute is appointed to fill a vacancy on any precinct board, the precinct leader, or if absent, a precinct clerk shall administer and certify oaths required to be administered during the progress of an election, which certified oath shall be f…

There shall be no fee or charge for administering an oath to a member of a precinct board. SOURCE: GC § 2116. Codified as 3 GCA § 4117. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2114, entitle…

Any member of a precinct board may, on the day of an election in which he or she is serving, absent himself or herself from any service or employment in which he or she is then engaged or employed. The precinct board member shall not be liable to any penalty, nor shall any deduct…

The general election for I Liheslaturan Guåhan (the Guam Legislature) shall be held on the Tuesday next after the first Monday in November, biennially in even numbered years. Those elected at such a general election shall be eligible to take office from the day the Commission cer…

On the Tuesday next after the first Monday in November, in every even numbered year, a regular election shall be held to elect municipal and other public officials at large as heretofore or hereafter may be required by law in accordance with this Title. The terms of office for su…

If for serious cause resulting from any natural phenomenon, or act of God, or of public enemy, it becomes reasonably impossible to hold any 07312013 election duly scheduled on Guam as a whole, or in any municipality or municipal division, I Maga’låhen Guåhan or I Liheslaturan Guå…

At least thirty (30) days before any special election, I Maga’låhen Guåhan shall publish an election proclamation, and transmit copies to the Commission. The proclamation shall contain a statement of the date and time of election, and of the office or offices to be filled. SOURCE…

Upon receipt of the special election proclamation, the Commission shall cause a copy to be published in a newspaper of general circulation, and to be posted in each municipality where such special election will take place, at least twenty (20) days before the scheduled date of th…

Description. I Liheslaturan Guåhan shall be a unicameral body consisting of fifteen (15) Members who are elected at large and as provided by law. SOURCE: GC § 2200. Amended by P.L. 13-152:1 (July 1, 1976). Codified as 3 GCA § 6101. Amended by P.L. 16-121:1 (Dec. 23, 1982). Repeal…

Members of I Liheslaturan Guåhan (the Guam Legislature) shall be elected for terms of two (2) years. SOURCE: GC § 2201. Codified as 3 GCA § 6103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was added by P.L. 13-152:6 (July 1, 1…

No person shall be a Member of I Liheslaturan Guåhan (the Guam Legislature) who is not a citizen of the United States, who has not attained the age of twenty-five (25) years, and who has not been domiciled in Guam for at least five (5) consecutive years immediately preceding the …

In the event a Commissioner of the GEC or any member of any precinct board of election becomes a candidate for office in any election, he or she shall automatically be disqualified from further Guam Election Commission service, or precinct board, which shall thereupon become vaca…

(a) No person shall be eligible for more than one (1) elective office to be filled in the same election. The term “election” as used in this Section includes a general and a local election held on the same date, so as to prohibit a person from running for office in a local electi…

A declaration of candidacy may be filed with the Commission by any five (5) registered voters of Guam who jointly propose a candidate for I Liheslaturan Guåhan, or for any office, without the signature of that candidate. If the office to be filled is for a municipality or divisio…

Any candidate for whom a declaration of candidacy has been filed either by a political party or by sponsors may decline or accept to be a candidate by making known such declination or acceptance in writing to the Commission within two (2) workings days following the submission of…

Notwithstanding any other provision of law, candidates for I Liheslaturan Guåhan, offices of I Maga’låhen/Maga'hågan Guåhan [Governor] and I Sigundo Maga’låhen/Maga'hågan Guåhan [Lieutenant Governor], Washington Representative, Mayor and Vice Mayor, the Public Auditor and the Att…

The Commission, with which declarations of candidacies and nominating petition papers are required to be filed, shall keep a record in which shall be entered the name of the candidate or nominee, the title of the office, the party, if applicable, and time of filing. It shall main…

Notwithstanding any other provision of law, all candidates for any elected public office, board or commission shall not have been convicted of a felony, and shall not have been convicted of a misdemeanor involving criminal sexual conduct or crime of moral turpitude. At the time o…

All expenses authorized and necessarily incurred in the preparation or the conducting of elections as provided in this Title, shall be paid from appropriations by I Liheslaturan Guåhan (the Guam Legislature). All payments shall be made in the same manner as are other public expen…

No person shall make, use, keep or furnish to others any paper in imitation of official ballots. SOURCE: GC § 2251. Codified as 3 GCA § 7102. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

(VVPB). Electronic voting machines, on which voters shall enter their vote, and from which Voter Verified Paper Ballots shall be printed for verification of accuracy by voters before casting, shall be permitted for use in Guam elections, provided: (a) that the electronic voting m…