GCA Title 3, Chapter 10
3 GCA ELECTIONS CH. 10 ABSENT VOTING
CHAPTER 10 ABSENT VOTING
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within this chapter were included in the original Government Code of Guam enacted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964).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).
- § 10101. Conditions Upon the Right to Vote.
- § 10102. Application for Ballot.
- § 10103. Application Form for Absentee Ballot.
- § 10104. Absent Voting - Federal Requirements.
- § 10105. Penalty Clause Added.
- § 10106. Applicant Outside of Guam.
- § 10107. Early In-Office Absentee Voting.
- § 10107.1 Homebound Voting.
- § 10108. Form of Absentee Ballot.
- § 10109. Furnishing of Envelopes and Affidavit With Ballot.
- § 10110. Voter’s Affidavit on Envelope.
- § 10111. Marking Ballot.
- § 10112. Taking and Subscribing Oath.
- § 10113. Officers Before Whom Voter May Appear.
- § 10114. Mailing or Delivering Ballot(s).
- § 10115. Disposition of Ballot by Commission.
- § 10116. Ballots Rejected by the Commission.
- § 10117. Casting Ballots.
- § 10118. Causes for Rejecting Ballots.
- § 10119. Rejected Ballots.
- § 10120. Addition to Registration Index.
- § 10121. Challenges.
- § 10122. Ballot of Deceased Voter.
- § 10123. Penalty for False Affidavit.
§ 10101. Conditions Upon the Right to Vote.
Any qualified voter of Guam may, as provided in this Chapter and subject to the conditions of this Section, vote in any election by absentee ballot if he or she will be prevented from personally going to the polls and voting on election day because of:
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(a) the conduct of his or her business or necessary travel; (b) illness or physical disability; (c) service in the Armed Forces or Merchant Marine of the United States; (d) employment with the government of Guam; (e) attendance at an institution of learning; (f) employment in the service of the United States or any federal agency; or (g) accompanying a spouse who is engaged in any activity listed herein. SOURCE: GC § 2451. Repealed and reenacted by P.L. 12-117:11 (Mar. 28, 1974). Codified as 3 GCA § 10101. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 10102. Application for Ballot.
(a) Except as provided herein under Subsection (b), any voter, under any of the circumstances specified in § 10101 may, not less than three (3) days, or, if application is made in person, not later than during the regular office hours of the day prior to any election, make application to the Commission for an official ballot to be voted at such election. Any such application shall be made in writing on a form furnished by the Commission. (b) A person classified under § 10101(b) may request an application for absentee ballot, and the absentee ballot, by telephone any time prior to the closing of the polls on election day. (c) An application submitted for the primary election shall be considered an application for the subsequent general election. SOURCE: GC § 2452. Codified as 3 GCA §10102. Amended by P.L. 18-041:5 (Aug. 8, 1986). Subsection (c) added by P.L. 21-100:7 (Mar. 31, 1992). Subsection (a) amended by P.L. 22-109:6 (Apr. 1, 1994). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 10103. Application Form for Absentee Ballot.
(a) Application for an absentee ballot shall be made substantially in the following form:
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’ APPLICATION FOR ABSENTEE BALLOT TO BE VOTED AT THE ELECTION ON GUAM ON THE _________________ DAY OF ___, 20 District or Municipality __________________. I, (Print or type full name) ____________________________, do solemnly swear that I am a resident of Guam and of the district or municipality of ___________________________, and that I am a duly qualified elector entitled to vote at said election; that I am not voting in any other jurisdiction; that I understand the prohibitions against and the penalty for voting in any election of Guam if I vote in another U.S. jurisdiction; that my occupation is _________; and that on account of ____________________, I cannot be at the polls on election day; I hereby make application for an official ballot to be voted by me at such election, and that I will return said ballot to the office of the Guam Election Commission before the time of the closing of the polls on election day. SIGNED _______________________________ DATED this ______ day of __, 20. (Permanent Mailing Address) Full Name:
Address:
Date of Birth:
(Present Mailing Address) Full Name:
Address:
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Date of Birth:
Subscribed and sworn to before me this ____ day of ___, 20.
Print or Type Full Name
Signature
Title or Rank Mailing Address
_______________________’ (b) Any application from elsewhere other than Guam shall be fully completed and documented in accordance with Election Commission regulations that applicant is entitled to vote under the provisions of this Chapter. (c) Any applicant who fails to complete and document his or her application for a ballot in accordance with Commission regulations shall be denied a ballot, and his or her name will be stricken from the register of qualified voters in accordance with Chapter 3 of this Title. SOURCE: GC § 2453. Repealed and reenacted by P.L. 12-149:20 (June 19, 1974). Codified as 3 GCA § 10103. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 10104. Absent Voting -Federal Requirements.
(a) Armed Forces or absentee application. A voter who (1) is eligible for an absentee ballot; (2) wants to execute an affidavit or form for voter registration; and (3) is absent from Guam or is an active member of the Armed Forces of the United States, including National Guard or Reserve Units, or an overseas voter as defined by the Federal Uniformed and Overseas Citizens
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Absentee Voting Act, is not required to sign the affidavit or form in the presence of a person authorized to administer an oath, and the affidavit or form need not be signed by such an oath administrator. The Commission shall inform the voter that no signature other than that of the voter is required on the affidavit or form and that a voter who makes a false statement on the affidavit or form is subject to the penalties of perjury. (b) Federal postcard application. In lieu of the application form prescribed in this Title, any person serving in the U.S. Armed Forces or the United States Merchant Marine, or who is a spouse or dependent of such a person, and any person who temporarily resides outside the territorial limits of the United States and its territories, may apply for registration and enrollment on the Federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (100 Stat. 924; 42 U.S.C. 1973 F.F. et seq., as amended) or any other applicable law. The failure of an applicant to take the elector’s oath on such Federal postcard application shall not invalidate such application. SOURCE: GC § 2453(a), entitled ’ Substantial compliance-Armed Forces application .’ Codified as 3 GCA § 10104. Repealed and reenacted by P.L. 22-109:7 (Apr. 1, 1994). Amended by P.L. 25-146:44 (May 27, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 10105. Penalty Clause Added.
Immediately below the form prescribed by § 10103, there shall be printed in full § 10124 of this Chapter, and § 8306 of Chapter 8. SOURCE: GC § 2454. Codified as 3 GCA §10105. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 10106. Applicant Outside of Guam.
When the Commission is requested to mail an absent voter’s ballot to an elector, and the address to which said ballot is to be mailed is a point outside of Guam, the Commission shall mail the absent voter’s ballot to the elector by airmail as soon as the request is received, provided that the ballots are printed, and, if by any law of the United States official election ballots may be mailed without the payment of postage, it shall so comply.
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Absentee ballots shall be mailed or transmitted by email to absentee voters in the manner requested, within forty-eight (48) hours of request or within forty-eight (48) hours, except Sundays, of certification of the ballots, whichever is later. SOURCE: GC § 2455. Codified as 3 GCA § 10106. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 10107. Early In-Office Absentee Voting.
Notwithstanding the conditions prescribed in § 10101 of this Chapter, the Commission shall deliver a ballot to any qualified voter applying in person at the office of said Commission; provided, however, that such applicant shall complete and subscribe the application and affidavit heretofore prescribed in this Section; provided further, that said application shall be made not more than thirty (30) days nor less than five (5) days before the date of the election for which the vote is being cast. It is provided further, that said ballot shall be immediately marked, enclosed in the ballot envelope, placed in the return envelope with the proper affidavit enclosed, and immediately returned to the Commission. (a) The Early In-Office Absentee Voting application shall contain all of the following: (1) voter’s full name, date, and mailing address; (2) one (1) of the following identifiers: (A) the Guam driver’s license number or Guam identification card number of the applicant issued by the Department of Revenue and Taxation, Motor Vehicle Division; or (B) the last four (4) digits of the applicant’s social security number; (3) a declaration, under penalty of perjury, stating that the voter resides within the district in which he or she is voting, that he or she is a duly qualified elector entitled to vote at the said election; that he or she is not voting in any other jurisdiction; that he or she understands the prohibitions against and the penalty for
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voting in any election of Guam if he or she votes in another U.S. jurisdiction; and (4) the signature of the voter and date of signing. (b) The Early In-Office Absentee Voting Affidavit Envelope shall contain all of the following: (1) voter’s full name, district, date of birth, place of birth, and method by which U.S. citizenship was attained; and (2) a declaration, under penalty of perjury, stating that the information provided relating to his or her qualifications for registration and voting are true; that he or she is a duly qualified elector entitled to vote at said election; that he or she is not voting in any other jurisdiction; that he or she understands the prohibitions against and the penalty for voting in any election of Guam if he or she votes in another U.S. jurisdiction; that he or she understands that voting twice constitutes a crime; and (3) the following witness certification, ‘Subscribed and sworn to before me this____ day of ___, 20, and I hereby certify that the affiant exhibited the enclosed ballot to me unmarked; that the affiant then, in my presence and of no other person, and in such manner that I could not see his or her vote, mark such ballot and enclosed and sealed the same in this envelope; and that the affiant was not solicited or advised by me for or against any candidate or measure,’ which shall be executed by an election official appointed or designated by the Commission. SOURCE: GC § 2456. Amended by P.L. 11-209:14 (Dec. 22, 1972). Codified as 3 GCA § 10107. Amended by P.L. 18-041:4 (Aug. 8, 1986). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Amended and renamed by P.L. 36-041:1 (July 20, 2021). 2021 NOTE: Prior to being amended and renamed by P.L. 36-041:1 (July 20, 2021), this provision read as follows: § 10107. Personal Delivery of Ballot. The Commission shall deliver a ballot to any qualified elector applying in person
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at the office of said Commission; provided, however, that such applicant shall complete and subscribe the application heretofore prescribed by this Chapter; provided further, that said application shall be made not more than thirty (30) days nor less than one (1) day before the date of the election for which the vote is being cast. It is provided further, that said ballot shall be immediately marked, enclosed in the ballot envelope, placed in the return envelope with the proper affidavit enclosed, and immediately returned to the Commission.
§ 10107.1. Homebound Voting.
The Commission shall deliver a ballot to any qualified elector classified under § 10101(b) of this Chapter applying in person or by telephone; provided, however, that such applicant shall complete and subscribe the application heretofore prescribed in § 10103 of this Chapter; provided further, that said application shall be made not more than thirty (30) days before the election for which the vote is being cast. It is provided further, that said ballot shall be immediately marked, enclosed in the ballot envelope, placed in the affidavit envelope, and immediately returned to the Commission. SOURCE: Added by P.L. 36-041:2 (July 20, 2021).
§ 10108. Form of Absentee Ballot.
The absentee ballot may, but need not be, in the same form as the regular ballot used in the election. For off-island absentee voters, uniformed and overseas citizens voting absentee, the Commission shall inform such absentee voters of the option to request to receive an absentee ballot electronically by email transmission and provide electronic mail and cost-free telephonic contact information to such voters so that those voters may make the request to the Guam Election Commission. Absentee ballots shall be mailed or transmitted by email to absentee voters in the manner requested, within forty-eight (48) hours of request or within forty-eight (48) hours, except Sundays, of certification of the ballots, whichever is later. SOURCE: GC § 2456(a), added by P.L. 11-209:13 (De