§1423 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

Guam must have one legislative body called the Legislature of Guam. It can have no more than 21 members called senators. Those senators can be chosen by voters across the whole island, by voters in districts, or by a mix of both, as Guam’s laws decide. Any way the island is divided for elections cannot deny anyone equal protection under the law. Every voter can vote for all at-large seats available, and voters in a district can vote for all seats being elected in that district. The lines and number of seats must follow the most recent Federal census for Guam and must be checked and changed after each new census if needed. General elections for the legislature are held on the Tuesday after the first Monday in November, every two years in even-numbered years. The legislature operates under Guam’s laws.

Title 48, §1423

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the “Legislature of Guam”, herein referred to as the legislature.

(b)The legislature shall be composed of not to exceed twenty-one members, to be known as senators, elected at large, or elected from legislative districts or elected in part at large and in part from legislative districts, as the laws of Guam may direct: Provided, That any districting and any apportionment pursuant to this authorization and provided for by the laws of Guam shall not deny to any person in Guam the equal protection of the laws: And provided further, That in any elections to the legislature, every elector shall be permitted to vote for the whole number of at-large candidates to be elected, and every elector residing in a legislative district shall be permitted to vote for the whole number of candidates to be elected within that district.

(c)Any districting and related apportionment pursuant to this section shall be based upon the then most recent Federal population census of Guam, and any such districting and apportionment shall be reexamined following each successive Federal population census of Guam and shall be modified, if necessary, to be consistent with that census.

(d)General elections to the legislature shall be held on the Tuesday next after the first Monday in November, biennially in even-numbered years. The legislature in all respects shall be organized and shall sit according to the laws of Guam.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Subsec. (c). Pub. L. 98–213 substituted “Any” for “The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten-year intervals: Provided, That any”. 1966—Pub. L. 89–552 authorized election of senators in whole or in part from legislative districts if the laws of Guam so directed, provided that the legislators be called senators, prohibited any districting or apportionment which denied equal protection of the laws to any person in Guam, required that electors be permitted to vote for the whole number of candidates to be elected both within his district and at large, prohibited reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest Federal census.

Statutory Notes and Related Subsidiaries

Amendment of Laws of Guam To Conform to Changes Made by Pub. L. 89–552 Pub. L. 89–552, § 2, Sept. 2, 1966, 80 Stat. 376, provided that: “As soon as practicable after enactment of this Act [Sept. 2, 1966], and subject to the conditions and requirements of section 10 of the Organic Act of Guam, as amended by section 1 hereof [this section], the laws of Guam shall be amended to make provision for the manner of the election of members of the legislature. Until the laws of Guam shall make such provision the method of electing the legislature shall remain as it is upon the date of enactment of this Act.”

§1423 Legislature of Guam