PRIA, Government Policy, Made Personal

Summary

Gives Guam a Governor as the chief executive and explains how the Governor and Lieutenant Governor are elected, what they must be, and what they do. The Governor and Lieutenant Governor run together on one ticket and must win a majority of votes cast by people eligible to vote for Guam’s Legislature. If no ticket wins a majority, a runoff between the top two tickets is held on the fourteenth day after the election. The first election was on November 3, 1970. Starting in 1974, they are elected every four years. Terms last four years and begin on the first Monday of January after the election. A person elected Governor for two full successive terms cannot serve again until one full term has passed. To be eligible a candidate must be a qualified voter, have been a U.S. citizen and a bona fide resident of Guam for five straight years before the election, and be at least 30 years old when taking office. The Governor must live in Guam while in office. Makes the Governor responsible for running the executive branch and enforcing Guam laws and applicable U.S. laws. The Governor can appoint and remove executive officers and employees except where Congress or Guam law says otherwise, and can commission officers. The Governor can grant pardons, reprieves, and reduce fines for local offenses, and can veto legislation as allowed. In disasters, invasion, insurrection, rebellion, imminent danger, or to stop lawless violence, the Governor may call out the militia, summon a posse, or ask the senior U.S. military or naval commander in Guam for help (the commander may help if it does not conflict with federal duties). In rebellion or invasion he may declare martial law for areas under Guam’s jurisdiction; the Legislature must meet immediately and may overturn that declaration by a two-thirds vote. The Governor must issue a comprehensive annual financial report to Congress and the Secretary of the Interior within 120 days after the fiscal year ends, following National Council on Governmental Accounting standards and including required statistical data and any other information Congress asks for. The Governor may issue executive orders and regulations that do not conflict with law, recommend bills, and express views to the Legislature. The office of Lieutenant Governor is established; the Lieutenant Governor performs duties the Governor assigns or that the law provides.

Title 48, §1422

Territories and Insular Possessions, Source: USLM XML via OLRC

The executive power of Guam shall be vested in an executive officer whose official title shall be the “Governor of Guam”. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and qualified. No person who has been elected Governor for two full successive terms shall again be eligible to hold that office until one full term has intervened. The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in Guam during his incumbency. The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive branch of the government of Guam, except as otherwise provided in this or any other Act of Congress, or under the laws of Guam, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion, or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in Guam, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, proclaim the island, insofar as it is under the jurisdiction of the government of Guam, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation. The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body. There is hereby established the office of Lieutenant Governor of Guam. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of Guam.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Pub. L. 105–362, in sixth par., struck out “The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress.” after “other information required by the Congress.” and “He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report.” after “under applicable Federal law.” 1982—Pub. L. 97–357 substituted provisions relating to preparation, etc., of a comprehensive annual financial report to be submitted to the Congress, the Secretary of the Interior, and the Inspector General of the Department of the Interior, preparation of other reports as required by Congress or applicable Federal law, and submittal of a written statement of actions taken or contemplated on Federal audit recommendations for provisions relating to an annual report of transactions of the Guam government to the Secretary of the Interior for transmittal to Congress and such other reports as required by Congress or applicable Federal law. 1968—Pub. L. 90–497 established office of Lieutenant Governor of Guam, provided for popular election of Governor and Lieutenant Governor, declared persons elected for two full successive terms as Governor ineligible to serve again until the lapse of a full intervening term, set out qualifications of eligibility for Governor and Lieutenant Governor, and restated powers and duties of office of Governor.

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 Amendment Pub. L. 90–497, § 13, Sept. 11, 1968, 82 Stat. 848, provided that: “Those provisions necessary to authorize the holding of an election for Governor and Lieutenant Governor on

November 3, 1970, shall be effective on

January 1, 1970. All other provisions of this Act [see

Short Title

of 1968 Amendment note set out under section 1421 of this title], unless otherwise expressly provided herein, shall be effective

January 4, 1971.” Termination of Reporting RequirementsFor termination, effective

May 15, 2000, of provisions in the 1st sentence of the 6th paragraph of this section relating to the requirement that the Governor submit a comprehensive annual financial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 9th item on page 115 of House Document No. 103–7. Submerged Lands, Conveyance to TerritoryConveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.

§1422 Governor and Lieutenant Governor; Term of Office; Qualifications; Powers and Duties; Annual Report to Congress