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Chapter 8

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GCA Title 3, Chapter 8

Guam Code > Title 3 > Chapter 8

3 GCA ELECTIONS

CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES

CHAPTER 8

ELECTION CAMPAIGN AND CAMPAIGN OFFENSES

NOTE : Unless otherwise noted, all sections within this chapter were included in the original Government Code of Guam enacted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964). During the Fifteenth Guam Legislature, the Compiler announced that Title 3 - Elections had been added to the new, permanent Guam Code Annotated. See 4 Guam Sess. L. Introduction (Mar. 1981).

  • Article 1. General Provisions.
  • Article 2. Dishonesty and Fraud in Elections.
  • Article 3. Ballot Related Offenses.
  • Article 4. Election Officers.
  • Article 5. Other Provisions.

ARTICLE 1 GENERAL PROVISIONS

  • § 8101. Application of Chapter.
  • § 8102. Willful Violation of Election Laws.
  • § 8103. Disqualification.
  • § 8104. Complaints.

§ 8101. Application of Chapter.

All the provisions of this Chapter apply to every election in Guam. SOURCE : GC § 2335. Codified as 3 GCA § 8130; at the time of codification, the Compiler recognized GC § 2328 contained identical wording. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-2337, was entitled ’ Election Campaigns and Campaign Offenses .’ This section was repealed by P.L. 1830:53 (Feb. 19, 1986).

§ 8102. Willful Violation of Election Laws.

Any person who willfully violates any provision of any law on Guam relating to any election, unless a different classification is prescribed by this Title, is guilty of a misdemeanor. SOURCE: GC § 2701. Amended by P.L. 13-187:48 (Sept. 2, 1976). Codified as 3 GCA § 14102. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-2337, was entitled ’ Election Campaigns and Campaign Offenses .’ This section was repealed by P.L. 1830:53 (Feb. 19, 1986).

§ 8103. Disqualification.

Any candidate convicted for any violation under the provisions of this Chapter is disqualified from holding the office for which he was a candidate or nominee at the time of violating the provisions aforesaid. SOURCE: GC § 2334. Codified as 3 GCA § 8129. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-2337, was entitled ’ Election Campaigns and Campaign Offenses .’ This section was repealed by P.L. 27108:2 (Oct. 27, 2004).

§ 8104. Complaints.

Any person who alleges or claims a violation of any provision of this Chapter has occurred may file a complaint with the Commission. The Commission shall expeditiously investigate the matter in accordance with § 2106 of Chapter 2 of this Title. Whenever any person, in the judgment of the majority of Commission members, has engaged in any acts or practices which constitute a violation of this Chapter, the Commission shall refer the record of said investigation to the Attorney General of Guam, who shall institute a criminal prosecution, and, in the event the person is convicted of the violation prior to the election in question, the Commission shall strike his or her name from the ballot. In the event the person is convicted of the violation subsequent to the election in question and was elected to the office for which he or she was a candidate, the Attorney General shall take necessary civil action to effect the candidate’s disqualification from office. SOURCE: GC § 2337. Added by P.L. 12-144:22 (June 10, 1974). Codified as 3 GCA § 8132. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-2337, was entitled ’ Election Campaigns and Campaign Offenses .’ This section was repealed by P.L. 1830:53 (Feb. 19, 1986).

CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES

ARTICLE 2 DISHONESTY AND FRAUD IN ELECTIONS

  • § 8201. Bribery.
  • § 8202. Payment of Value to Induce Candidate to Withdraw.
  • § 8203. Unlawful Registration as Crime.
  • § 8204. Receipt of Value: To Vote or Not Vote.
  • § 8205. To Vote or Aid in Securing Nomination for Another.
  • § 8206. Payment to Promote Election.
  • § 8207. Promising Appointment to Office.
  • § 8208. Communication of Promise.
  • § 8209. Adding or Removing Votes; Altering Returns.
  • § 8210. Illegally Influencing Voter.
  • § 8211. Intimidation of Voters.
  • § 8212. Wrongful Interference With Voting.
  • § 8213. Unlawful Influence by Employer.
  • § 8214. Deceiving Illiterate Voter.
  • § 8215. Aiding and Abetting Unlawful Voting.
  • § 8216. Fraudulent Voting.
  • § 8217. Giving, Offering or Receiving Bribe.
  • § 8218. Payment of Value: To Vote, Not Vote or Reward for Same.
  • § 8219. Receipt of Value: To Procure Election or Vote.

§ 8201. Bribery.

Any person who offers any bribe or makes promise of gain, or with knowledge of the same, permits any person to offer any bribe or make any promise of gain for that person’s benefit, to any voter to induce that person to sign an election paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after signing, shall be guilty of a felony of the third degree. SOURCE: GC § 2951. Added by P.L. 10-151 (June 24, 1970). Amended by P.L. 13187:59 (Sept. 2, 1976). Codified as 3 GCA § 16602. Amended by P.L. 25-146:60 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8202. Payment of Value to Induce Candidate to Withdraw.

A person shall not, directly or indirectly, by himself or herself or through any other person or persons, advance or pay, or cause to be paid, any

CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES

money or other valuable offer to, or, for the use of any other person, in consideration of a person withdrawing as a candidate for a public office. Any person who violates this provision is guilty of a felony. SOURCE : GC § 2326. Codified as 3 GCA § 8122. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8203. Unlawful Registration as Crime.

Any person who willfully causes, procures or allows himself or herself or any person to be registered as a voter, knowing himself or herself or the other person not to be entitled to registration, is guilty of a felony of the third degree. SOURCE: GC § 2060, added by P.L. 12-149 (June 19, 1974). Amended by P.L. 13187:40 (Sept. 2, 1976). Codified as 3 GCA § 3108. Repealed and reenacted by P.L. 22-109:2 (Apr. 1, 1994). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8204. Receipt of Value: To Vote or Not Vote.

A person shall not, directly, by himself or herself or through any other person, receive, agree or contract for, before or during an election, any money, gift, loan or other valuable consideration, office, place or employment, for himself or herself or any other person, for:

  • (a) voting or agreeing not to vote;
  • (b) coming to or agreeing to come to the polls;
  • (c) refraining or agreeing to refrain from voting;
  • (d) voting or agreeing to vote for any particular person; (e) refraining or agreeing to refrain from voting, for any particular person; and (f) inducing any other person to:
  • vote or refrain from voting;
  • vote or refrain from voting for any particular person; and
  • come to or remain away from the polls. Any person who violates any part of this provision is guilty of a felony. SOURCE : GC § 2321. Codified as 3 GCA § 8117. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES

§ 8205. To Vote or Aid in Securing Nomination for Another.

A person shall not, directly or indirectly, by himself or herself or through any other person, give or receive any money or other valuable offer, before, during or after an election because he or any other person either: (a) voted to secure the election or endorsement of any other person as the nominee or candidate of any convention, organized assemblage of electors or voters, or other body representing or claiming to represent a political party or principal, or any club, society or association; or (b) aided in securing the selection or endorsement of any other person as a nominee or candidate as provided in Subsection (a) of this Section. Any person who violates any part of this provision is guilty of a felony. SOURCE: GC § 2322. Codified as 3 GCA § 8118. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8206. Payment to Promote Election.

Any person who, with the intent to promote the election of himself or herself or any other person, furnishes or engages to pay or deliver any money or property for any purposes intended to promote the election of any nominee or candidate, except as to the expenses of holding and conducting public meetings for the discussion of questions, and of printing and circulating handbills and other papers prior to an election, is guilty of a misdemeanor. SOURCE: GC § 2329. Codified as 3 GCA § 8124. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8207. Promising Appointment to Office.

Any person, who being a nominee or candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for or to procure, or aid in procuring, the election of any nominee or candidate, is guilty of a misdemeanor. SOURCE: GC § 2330. Codified as 3 GCA § 8125. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8208. Communication of Promise.

Every person is guilty of a misdemeanor who communicates any offer made in violation of the preceding § 8207 to any person with intent to induce him or her to vote for, or to procure or aid in procuring the election of, the nominee or candidate making the offer. SOURCE: GC § 2331. Codified as 3 GCA § 8126. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8209. Adding or Removing Votes; Altering Returns.

Every person who willfully adds to or subtracts from the votes actually cast at an election in any official or unofficial returns, or who alters the returns, is guilty of a felony. SOURCE: GC § 2704. Amended by P.L. 13-187:51 (Sept. 2, 1976). Codified as 3 GCA § 14105. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8210. Illegally Influencing Voter.

Any person who, by force, threat, menace, bribery or any corrupt means, either directly or indirectly, attempts to influence any voter in giving his or her vote, or to deter him or her from giving it, or attempts by any means to threaten, restrain, hinder, or disturb any voter in the exercise of the right of suffrage, is guilty of a felony. SOURCE: GC § 2707. Codified as 3 GCA § 14107. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8211. Intimidation of Voters.

Any person, association or corporation who, directly or indirectly, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens the infliction, directly or indirectly, any injury, damage, harm or loss, or in any manner practices intimidation upon or against any person in order to induce or compel that person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person at any election or because any person voted or refrained from voting at any election, is guilty of a felony of the third degree. SOURCE: GC § 2708, entitled ’ Illegally influencing voter .’ Codified as 3 GCA § 14108, entitled ’ Intimidation of Voters .’ Amended by P.L. 25-146:51 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8212. Wrongful Interference With Voting.

Any person, association or corporation who, by abduction, duress or any forcible or fraudulent device or contrivance whatsoever, impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any voter, or who compels, induces or prevails through any forcible or fraudulent means upon any voter either to give or refrain from giving that person’s vote at any election, or to give or refrain from giving that person’s vote to any particular person or initiative, referendum or legislative submission at any election, is guilty of a felony of the third degree. SOURCE: GC § 2709. Codified as 3 GCA § 14109. Amended by P.L. 25-146:52 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8213. Unlawful Influence by Employer.

Any employer, whether a corporation, association or a natural person, who within ninety (90) days of any election displays or otherwise exhibits in any workplace under his or her control or management any handbill or placard containing any threat, notice or information that in case any particular ticket of a political party or organization or candidate is elected, work in the employer’s place or establishment will be closed or the salaries or wages of the employees will or may be reduced, or makes or communicates other threats, express or implied, intended or calculated to influence the political opinions or actions of the employees, is guilty of a misdemeanor. SOURCE: GC § 2711. Codified as 3 GCA § 14111. Amended by P.L. 25-146:53 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8214. Deceiving Illiterate Voter.

Any person who furnishes any blind or illiterate voter with a ballot, informing or giving that voter to understand that it contains a name written or printed thereon that is different from the name which is written or printed thereon, or, defrauds any voter at any election by deceiving and causing that person to vote for a different person for any office other than for whom the voter intended or desired to vote, is guilty of a felony of the third degree. SOURCE: GC § 2713. Codified as 3 GCA § 14113. Amended by P.L. 25-146:55 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES

§ 8215. Aiding and Abetting Unlawful Voting.

Any person who procures, assists, counsels or advises another to give or offer that person’s vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor. SOURCE: GC § 2716. Codified as 3 GCA § 14116. Amended by P.L. 25-146:58 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 8216. Fraudulent Voting.

Any person who: (a) not being entitled to vote at

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