GCA Title 3, Chapter 11
3 GCA ELECTIONS
CH. 11 CANVASS, VOTE TABULATION AND DECLARATION OF RESULTS
CHAPTER 11
CANVASS, VOTE TABULATION AND DECLARATION OF RESULTS
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within this chapter were included in the original Government Code of Guam enacted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964).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). 2024 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means ‘Governor of Guam.’ Pursuant to 5 GCA § 1510, I Sigundo Maga’hågan/Maga’låhen Guåhan means ‘Lieutenant Governor of Guam.’
- § 11101. Application of Chapter.
- § 11102. Officials Present at Close of Polls.
- § 11103. Two (2) Ballots in One (1) Envelope.
- § 11104. Ballots Exceeding Number on Roster.
- § 11105. Signing Roster.
- § 11106. Rejected Ballots.
- § 11107. Delivery of Ballots to Election Return Center.
- § 11108. Election Return Center.
- § 11109. Vote Tabulating Device: Mode of Tallying.
- § 11110. Tabulating at Precincts.
- § 11111. Imperfectly Marked Ballots Void.
- § 11112. Defective Ballots.
- § 11113. Ballot Not Rejected for Technical Error.
- § 11114. Only Invalid Portions of Ballot Rejected; Blank Ballots and Improperly Marked Ballots are Not ‘Votes Cast’ for Calculating a Majority.
- § 11115. Write-in Votes.
- § 11116. Unauthorized Marks on Ballot.
- § 11117. Sealing and Reviewing Counted Ballots.
- § 11118. Certification of Election.
- § 11119. Delivery of Certification of Election.
- § 11120. Disregard of Technical Error.
- § 11121. Tabulation and Publication of Election Results.
- § 11122. Unofficial Results Open to Public Inspection.
- § 11123. Election Center Open Until Tabulation Complete.
- § 11124. Clerical Assistance and Expenses.
- § 11125. Incomplete or Ambiguous Precinct Forms.
- § 11126. Correction or Completion.
- § 11127. Declaration of Results.
- § 11128. Certificate of Election.
- § 11129. Death of Candidate After Certification.
- § 11130. Special Provision for Presidential Election.
- § 11131. Recount.
- § 11132. Review of Ballots.
- § 11133. Entry of Results on Record.
- § 11134. Preservation of Ballots.
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CH. 11 CANVASS, VOTE TABULATION AND DECLARATION OF RESULTS
§ 11101. Application of Chapter.
Unless otherwise indicated, the provisions of this Chapter shall apply to all elections held on Guam. SOURCE: GC § 2500. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11102. Officials Present at Close of Polls.
All members of the precinct boards shall be present at the closing of the polls. SOURCE: GC § 2501. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11103. Two (2) Ballots in One (1) Envelope.
If a precinct board finds two (2) or more of the same ballots upon opening an absentee voter’s envelope, it shall lay them aside until the count of the ballots is complete. If, upon comparison of the count between ballots cast in that precinct and the number of voters on the roster who voted, it appears that two (2) ballots were cast by one (1) voter, the precinct board shall reject both ballots. SOURCE: GC § 2504, entitled ‘Ballots folded together.’ Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2503, entitled ‘Two ballots in one envelope. Codified as 3 GCA § 11104. Reenacted as 3 GCA § 11103 by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2502, as reenacted by P.L. 11-209:27 (Dec. 22, 1972), entitled ‘Opening boxes and counting ballots.’ Repealed by P.L. 25-148:9 (July 5, 2000).
§ 11104. Ballots Exceeding Number on Roster.
If the ballots in the box exceed in number the names on the roster who voted, one (1) of the members of the precinct board shall, while being observed by the other precinct board members and without looking into the box, draw out singly a number of ballots equal to such excess. The precinct board shall make a record upon the roster of the number of ballots so drawn and place those ballots in a sealed envelope marked ‘Excess Ballots Drawn’. All precinct board members shall affix their name on the envelope seal along with their precinct number from which the excess ballots were drawn. The Commission shall determine the method of destroying those ballots drawn. SOURCE: GC § 2505, entitled ‘Ballots exceeding names on roster.’ Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2504, entitled ‘Ballots exceeding number on roster.’ Codified as 3 GCA § 11105. Amended by P.L. 25-148:11 (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 § 2503, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Reenacted as 3 GCA § 11103 by P.L. 31-255:2 (Dec. 11, 2012).
§ 11105. Signing Roster.
When the number of ballots equal or made thus to equal with the number of names on the roster who voted, the precinct board shall document the totals by writing in words and figures at the foot of the roster, and signed by those precinct board members who counted the ballots and attested to by the remaining precinct board members. All members of the precinct board shall sign the roster. SOURCE: GC § 2506. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2505. Codified as 3 GCA § 11106. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2504, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Reenacted as 3 GCA § 11104 by P.L. 31-255:2 (Dec. 11, 2012).
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CH. 11 CANVASS, VOTE TABULATION AND DECLARATION OF RESULTS
§ 11106. Rejected Ballots.
All rejected ballots shall be endorsed on the back of the ballot envelope ‘Rejected because (giving reason therefore).’ Said envelope shall be signed by the members of the precinct board and returned to the Commission at the Election Return Center after the polls close. SOURCE: GC § 2509, entitled ‘Rejected illegal ballots.’ Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as 3 GCA § 2506. Codified as 3 GCA § 11107. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2505, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Reenacted as 3 GCA § 11105 by P.L. 31-255:2 (Dec. 11, 2012).
§ 11107. Delivery of Ballots to Election Return Center.
The locked ballot box, accompanied by the roster, all documents, all endorsements, and all ballots, including spoiled ballots, unused and defaced ballots, and rejected defective ballots shall be brought to the Election Return Center for tabulation. A representative of each political party, as authorized by the Commission, may accompany the locked ballot boxes and all other documents, supplies and materials from the precinct to the Election Return Center. SOURCE: GC § 2507, as repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Amended by P.L. 12-149 (June 19, 1974). Codified as 3 GCA § 11108. Amended by P.L. 25-148:12 (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 § 2506, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Reenacted as 3 GCA § 11106 by P.L. 31-255:2 (Dec. 11, 2012).
§ 11108. Election Return Center.
The Commission shall maintain within Guam an Election Return Center for the tabulation of votes and publication of returns. SOURCE: GC § 2508, as repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Amended by P.L. 12-149:20 (June 19, 1974). Codified as 3 GCA § 11109. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2507, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Reenacted as 3 GCA § 11107 by P.L. 31-255:2 (Dec. 11, 2012).
§ 11109. Vote Tabulating Device: Mode of Tallying.
The Commission may appoint such persons as may be necessary for the manual tabulation of ballots and/or for the operation of the vote tabulating device, and to keep watch on such tabulation for any possible illegal vote or any error or omission on the part of the persons tabulating the ballots or operating the vote tabulating device. SOURCE: GC § 2509, as repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Amended by P.L. 15-115:2 (Mar. 25, 1980). Codified as 3 GCA § 11110. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2508, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Reenacted as 3 GCA § 11108 by P.L. 31-255:2 (Dec. 11, 2012).
§ 11110. Tabulating at Precincts.
Notwithstanding any other provision of law, the Guam Election Commission may authorize ballots to be tabulated at the precincts. Tabulating of ballots by the precinct board shall be a cross-check of the tabulating of ballots by the Election Commission at the Election Return Center. SOURCE: Added by P.L. 18-040:35 (Nov. 6, 1986) as 3 GCA § 11110.1. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2509, as reenacted by P.L. 11-209:27 (Dec. 22, 1972). Codified as 3 GCA § 11110, which was reenacted as 3 GCA § 11109 by P.L. 31-255:2 (Dec. 11, 2012).
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CH. 11 CANVASS, VOTE TABULATION AND DECLARATION OF RESULTS
§ 11111. Imperfectly Marked Ballots Void.
At any election, any ballot which is not marked as provided by law shall be void, but the ballot shall be preserved. Two (2) or more markings in one (1) voting oval or other defined space provided, or a mark made partly within and partly without a voting oval or other defined space, does not make a ballot void. SOURCE: GC § 2518. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2511. Codified as 3 GCA § 11111. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11112. Defective Ballots.
If a ballot is folded, torn, bent, mutilated or otherwise defective so that it cannot be so tabulated by a vote tabulating machine, the Commission may cause a duplicate to be punched, slotted or otherwise marked in the presence of at least two (2) Commission members, one (1) from each party. Both the new ballot and the defective ballot shall be marked with a serial number and the new ballot shall bear the words ‘Duplicate - Serial Number ________‘. SOURCE: GC § 2512, as repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11113. Ballot Not Rejected for Technical Error.
At any election a ballot shall not be rejected for any technical error which does not render it impossible to determine the voter’s choice, even though the ballot may be soiled or defaced. SOURCE: GC § 2519. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972), as GC § 2513. Codified as 3 GCA § 11113. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11114. Only Invalid Portions of Ballot Rejected; Blank Ballots and Improperly Marked Ballots are Not ‘Votes Cast’ for Calculating a Majority.
If a voter indicates either:
- (a) by placing the voter’s marks in the voting ovals or other defined spaces provided adjacent to the names of any candidates or nominees; or
- (b) by writing the names of persons for an office in the blank line spaces provided; or (c) by a combination of both, the choice of more than there are candidates or nominees to be elected or certified for any office, or if for any reason it is impossible to determine the voter’s choice for any office, the voter’s ballot shall not be counted for that office, but the remainder of the voter’s ballot, if properly marked, shall be counted. A ballot that is blank, or that is marked with more candidates or nominees than are to be nominated or elected, shall not be included as part of the base for determining what constitutes a majority in each election requiring a candidate or nominee to garner a majority of votes in order to be nominated or elected. SOURCE: GC § 2520. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2514. Amended by P.L. 12-149:30 (June 19, 1974). Codified as 3 GCA § 11114. Amended by P.L. 25-146:46 (May 27, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11115. Write-in Votes.
If the write-in voting oval or other defined space is marked, a write-in vote shall be counted for the office under which it is marked, provided a name is written alongside the voting oval or other defined space shown. If the total number of write-in votes counted for an office could change the results as to the person having the largest number of votes for that office, the names appearing next to the marked write-in voting oval or other defined space for that office shall be tabulated and published. Otherwise, only the total number of write-in voting ovals or other defined spaces marked shall be tabulated and published.
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CH. 11 CANVASS, VOTE TABULATION AND DECLARATION OF RESULTS
SOURCE: GC § 2521. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2515. Amended by P.L. 12-149:31 (June 19, 1974). Codified as 3 GCA § 11115. Repealed and reenacted by P.L. 22-109:8. (Apr. 1, 1994). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 37-084:1 (Apr. 3, 2024).
§ 11116. Unauthorized Marks on Ballot.
No mark upon a ballot which is unauthorized by this Title invalidates a ballot, unless it appears that the mark was placed there by the voter for the purpose of identifying the ballot. SOURCE: GC § 2512. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2516. Codified as 3 GCA § 11116. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).
§ 11117. Sealing and Reviewing Counted Ballots.
As soon as the valid votes marked on the ballots are tabulated and the Commission is satisfied as to the accuracy of the tabulation, such ballots shall not thereafter be examined by any person, except upon a recount or audit as provided in this Chapter. The counted ballots shall be carefully sealed in a sturdy envelope with the name of the precinct thereon, and a majority of the members of the Commission shall certify that all counted ballots have been secured consistent with this Section. The Commission may not, earlier than thirty (30) days from the date that the election results are certified, and provided that no election contest is pending resolution, unseal the ballot envelope to extract statistical data of which data will be made available to the general public. Upon the completion of the extra