GCA Title 3, Chapter 9
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CHAPTER 9 CONDUCT OF ELECTIONS
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within this chapter were included in the original Government Code of Guam enacted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964).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).
- § 9101. Procedures in Election Manual.
- § 9102. Copies of Manual Furnished.
- § 9103. Polling Places.
- § 9104. Destruction of Facilities or Removal of Materials and Supplies.
- § 9105. Destruction or Removal of Instruction Cards.
- § 9106. Posting Instruction Cards.
- § 9107. Posting Registry Indices. [Repealed.]
- § 9108. Proclamation of Opening Polls.
- § 9109. Time for Opening and Closing Polls.
- § 9110. Liquor Sales at Polling Place Prohibited.
- § 9111. Solicitation of Votes at Polling Place Prohibited.
- § 9112. Electioneering at Polling Place Prohibited.
- § 9113. Use of Barricade Before Booths.
- § 9114. Persons Permitted Within Barricade.
- § 9115. Exhibiting Ballot Box.
- § 9116. Roster and Tally List.
- § 9117. Absence of Precinct Officials.
- § 9118. Grounds for Challenge.
- § 9119. Examination of Person Challenged.
- § 9120. Refusal to be Sworn or to Answer.
- § 9121. Record on Challenges.
- § 9122. Place of Residence.
- § 9123. Rules for Determining Residency.
- § 9124. Overseas Citizens.
- § 9125. Leave of Absence from Employment to Vote.
- § 9126. Reporting of Name and Signing Roster.
- § 9127. Voter’s Change of Name.
- § 9128. One (1) Ballot to Each Voter.
- § 9129. Delivery of Ballot by Election Official Only.
- § 9130. Only One (1) Person in Booth.
- § 9131. Voting in Booth.
- § 9132. Indicating Vote.
- § 9133. Two (2) or More Candidates or Nominees.
- § 9134. Identifying Marks Prohibited.
- § 9135. Revealing Ballot Prohibited.
- § 9136. Assistance to Voter.
- § 9137. Spoiled Ballot.
- § 9138. Cancellation of Spoiled Ballot.
- § 9139. Ballot Issued but Not Voted.
- § 9140. Accounting for Ballots.
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- § 9141. Asking Voter’s Intention at Polls Prohibited.
- § 9142. Removal of Ballots Before Polls Closed Prohibited.
- § 9143. Closing Polls.
- § 9144. Late Arrivals Rejected.
- § 9145. Defacement of Unused Ballots.
- § 9146. Destruction of Unused Defaced Ballots.
§ 9101. Procedures in Election Manual.
The Election Manual shall prescribe in detail the procedures to be followed in the conduct of elections. SOURCE: GC § 2350. Codified as 3 GCA § 9101. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9102. Copies of Manual Furnished.
The Commission shall furnish each precinct board with a copy of the Election Manual. SOURCE: GC § 2351. Codified as 3 GCA § 9102. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9103. Polling Places.
The precincts shall be arranged so that neither the ballot boxes nor tables on which they are placed shall be hidden from the view of voters outside the guard-rail, rope or other barricade. SOURCE: GC § 2352. Codified as 3 GCA § 9103. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9104. Destruction of Facilities or Removal of Materials and Supplies.
No person shall, during an election, remove or destroy any of the supplies or other conveniences placed in the voting booths or on the tables for the purpose of enabling the voter to prepare his or her ballot. SOURCE: GC § 2353. Codified as 3 GCA § 9104. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9105. Destruction or Removal of Instruction Cards.
No person shall, during an election, remove, tear down or deface any card printed outlining instructions for the voters. SOURCE: GC § 2354. Codified as 3 GCA § 9105. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9106. Posting Instruction Cards.
On the day of any election, the precinct board shall post instruction cards in each booth or table provided for voter preparation of the ballots, and at other places in and around the polling site within easy access to the voters. Such instructions shall be printed in both the English and Chamorro languages. SOURCE: GC § 2355. Codified as 3 GCA § 9106. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9107. Posting Registry Indices.
[Repealed.] SOURCE: GC § 2356. Codified as 3 GCA § 9107. Amended by P.L. 25-146:35 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Repealed by P.L. 38-018:2 (June 17, 2025).
§ 9108. Proclamation of Opening Polls.
Before the precinct board issues or receives any ballots it shall proclaim aloud at the place of election that the polls are open. SOURCE: GC § 2357. Codified as 3 GCA § 9108. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
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§ 9109. Time for Opening and Closing Polls.
The polls shall be opened at seven (7) o’clock a.m. of the day of an election, and shall remain open until eight (8) o’clock p.m. of the same day, at which time the precinct leader shall declare aloud that the polls are closed, except as provided in § 9143. SOURCE: GC § 2358. Codified as 3 GCA § 9109. Amended by P.L. 24-273:4 (Oct. 16, 1998). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 9110. Liquor Sales at Polling Place Prohibited.
A polling place shall not be any place where any alcoholic beverage is sold or dispensed. A polling place shall not be connected by a door or window or other opening with any place where any alcoholic beverage is sold or dispensed. SOURCE: GC § 2360. Codified as 3 GCA § 9111. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2359, entitled ‘Times for Voting.’ Repealed by P.L. 31 -255:2 (Dec. 11, 2012).
§ 9111. Solicitation of Votes at Polling Place Prohibited.
Within one hundred (100) feet of a polling place, no person shall solicit a vote or speak to a voter on the subject of marking his or her ballot or on behalf of, or against, any candidate. SOURCE: GC § 2361. Codified as 3 GCA § 9112. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2360, entitled ‘Liquor sales at polling place prohibited.’ Reenacted as 3 GCA § 9110 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9112. Electioneering at Polling Place Prohibited.
(a) No person shall do any electioneering on election day within one hundred (100) feet of any entrance and/or exit of any polling place. In the case of a school, the entrance is hereby defined as the entrance gate, if the school is fenced. The Commission may, on a case-by-case basis and limited to the election then forthcoming, create an exception to this Section through resolution in order to safely conduct the election. Notices identifying the newly set perimeter also shall be clearly posted at the polling place(s) affected. (b) The Commission shall be responsible for determining and marking the one hundred (100) feet or other boundaries under this Section. Upon request of the Commission or any election official present at the polling place, the Guam Police Department shall promptly assist in the enforcement of this Section. SOURCE: GC § 2362. Codified as 3 GCA § 9113. Amended by P.L. 21-100:9 (Mar. 31, 1992) and P.L. 24-273:2 (Oct. 16, 1998). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 37-086:1 (Apr. 3, 2024). 2024 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. 2012 NOTE: This section was originally codified from GC § 2361, entitled ‘Solicitation of votes at polling place prohibited.’ Reenacted as 3 GCA § 9111 by P.L. 31 -255:2 (Dec. 11, 2012).
§ 9113. Use of Barricade Before Booths.
A guard-rail, rope or other form of barricade shall be assembled, constructed or arranged and placed so that only those persons who are inside the barricade can approach within six (6) feet of the ballot boxes, booths, tables or other facilities set up for voting. SOURCE: GC § 2363. Codified as 3 GCA § 9114. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
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2012 NOTE: This section was originally codified from GC § 2362, entitled ‘Electioneering at polling places prohibited.’ Reenacted as 3 GCA § 9112 by P.L. 31 -255:2 (Dec. 11, 2012).
§ 9114. Persons Permitted Within Barricade.
(a) Only voters engaged in receiving, preparing or depositing their ballots, the precinct board, and any other person specifically permitted by law, shall be authorized to be within the barricade before the closing of the polls. (b) At all times while the precinct board is present in the precinct and during the time that the ballots are being transported to the Election Return Center established pursuant to § 11108 of this Title, each recognized political party and a representative of an independent candidate whose name appears on the ballot, if any, may have no more than one (1) observer present to witness the conduct of the election and to challenge any voter. Such observers are hereby prohibited from interfering with the precinct board at any time during the conduct of the election, and shall not be permitted within the precinct barricade. SOURCE: GC § 2364. Codified as 3 GCA § 9115. Amended by P.L. 25-146:36 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to the Compiler’s codification and alpha -numeric schemes pursuant to authority granted by 1 GCA § 1606. 2012 NOTE: This section was originally codified from GC § 2363, entitled ‘Use of barricade before booths.’ Reenacted as 3 GCA § 9113 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9115. Exhibiting Ballot Box.
Before receiving any ballots, the precinct board shall, in the presence of any voters already assembled at the polling place, display the locked ballot box. Thereafter, the ballot box shall not be removed from the polling place or from the presence of any voters until the polls are closed. SOURCE: GC § 2365. Codified as 3 GCA § 9116. Amended by P.L. 25-148:8 (July 5, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2364, entitled ‘Persons permitted within barricade.’ Reenacted as 3 GCA § 9114 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9116. Roster and Tally List.
The registration roster and tally list provided by the Commission to each precinct board shall be in the form outlined in the Election Manual. SOURCE: GC § 2366. Codified as 3 GCA § 9117. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2365, entitled ‘Exhibiting ballot box.’ Reenacted as 3 GCA § 9115 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9117. Absence of Precinct Officials.
Not more than one (1) member of any precinct board shall be absent at any time from the polling place at any one (1) time. SOURCE: GC § 2367. Codified as 3 GCA § 9118. Amended by P.L. 25-146:37 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2366, entitled ‘Roster and tally list.’ Reenacted as 3 GCA § 9116 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9118. Grounds for Challenge.
A person present to vote may be orally challenged by any voter of the same precinct upon any or all of the following grounds:
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- (a) that he or she is not the person whose name appears on the register;
- (b) that he or she is not a resident of Guam;
- (c) that he or she is not a citizen of the United States;
- (d) that he or she is not a resident of the precinct at which he or she is voting;
- (e) that he or she has voted that day;
- (f) that he or she voted in another precinct; and
- (g) that he or she voted in another U.S. jurisdiction. SOURCE: GC § 2368. Amended by P.L. 12-149:12 (June 19, 1974). Codified as 3 GCA § 9119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2367, entitled ‘Absence of precinct officers.’ Reenacted 3 GCA § 9117 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9119. Examination of Person Challenged.
(a) The precinct board shall immediately examine on oath the challenged individual and his or her witnesses, if any, together with the voter who called the challenge and his or her witnesses, if any. The precinct board may give the voter challenged and the voter who offered the challenge time to present witnesses wherever possible, but in no event shall such time be granted so as to prevent the precinct board from rendering a decision prior to the time for closing the polls. (b) The voter or the challenger may appeal the decision of the precinct board to the Commission. The Commission shall, as soon as possible, hear the appeal and shall examine the oaths of the voter and the challenger and hear the witnesses, if any. The Commission shall make its decision prior to the time for the closing of the polls. (c) Either the voter or the challenger may appeal the decision of the Commission to the Superior Court. SOURCE: GC § 2369. Codified as 3 GCA § 9120. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to the Compiler’s codification and alpha -numeric schemes pursuant to authority granted by 1 GCA § 1606. 2012 NOTE: This section was originally codified from GC § 2368, entitled ‘Grounds for challenge.’ Reenacted as 3 GCA § 9118 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9120. Refusal to be Sworn or to Answer.
If the voter challenged refuses to take the oath tendered, or refuses to be sworn and to answer questions regarding the matter of the challenge, he or she shall not be allowed to vote. SOURCE: GC § 2370. Codified as 3 GCA § 9121. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2369, entitled ‘Examination of person challenged.’ Reenacted as 3 GCA § 9119 by P.L. 31-255:2 (Dec. 11, 2012).
§ 9121. Record on Challenges.
At any time when a challenge is made, the precinct board shall immediately notify the Commission telephonically and in writing, and shall maintain and keep a record showing:
- (a) the names of all persons challenged;
- (b) the names of all challengers;
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(c) the grounds of each challenge; and (d) the determination of the precinct board regarding each challenge. The precinct board