GCA Title 3, Chapter 15
3 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS
CHAPTER 15 CONDUCT OF PRIMARY ELECTIONS
NOTE : Unless otherwise noted, all sections within this chapter were added to the Government Code of Guam by P.L. 10-151 (June 24, 1970). 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). SOURCE: Former chapter16 repealed and reenacted to this chapter by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE : This chapter, formerly entitled ‘Selection of Delegates to National Convention, ’ was added by P.L. 7-102 (Feb. 26, 1964). Repealed by P.L. 31-255:2 (Dec. 11, 2012). Article 1. General Provisions. Article 2. Nomination; Determination of Candidates. Article 3. Ballots. Article 4. Voting and Ascertaining the Voting Results. Article 5. Election Contests.
ARTICLE 1
GENERAL PROVISIONS
- § 15101. Definitions.
- § 15102. Liberal Construction.
- § 15103. Application of General Election Laws.
- § 15104. Application of Chapter.
- § 15105. Party Represented by Whom.
- § 15106. Expense of Printing Paid by Whom.
- § 15107. Expense of Polling Places, Ballot Boxes and Election Officials.
- § 15108. Vacancies Not to be Filled.
- § 15109. Minimum Vote Required.
§ 15101. Definitions.
The words and phrases in this Chapter shall, unless the same is inconsistent with the context, be construed as follows:
- (a) Commission means the Election Commission.
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(b) Election means a general election as distinguished from a primary election or a special election. (c) Election officials mean those members of a precinct board serving as outlined in § 4104, Chapter 4 of this Title. (d) Office means an elected public office. (e) Party means an association of voters united for the purpose of promoting a common political policy, which maintains a general organization throughout Guam, including a regularly constituted central committee and precinct committee, and as further defined in § 1112, Chapter 1 of this Title. (f) Precinct means a district as defined in Title 1 GCA § 403. (g) Primary means a preliminary election in which voters cast ballots to determine the candidates for specific offices, as provided for in this Title. (h) Primary ballot means a party ballot or a non-party ballot or a non-partisan ballot used at a primary. SOURCE: GC § 2900. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16101. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2800, entitled ’ Recognized political party-national convention .’ Codified as 3 GCA § 15101. Repealed by P.L. 31-255:2 (Dec. 11, 2012).
§ 15102. Liberal Construction.
This Chapter shall be liberally construed in favor of the primary voter. SOURCE: GC § 2901. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16102. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2801, entitled ’ Same: selection of delegates .’ Codified as 3 GCA § 15101. Repealed by P.L. 31-255:2 (Dec. 11, 2012).
§ 15103. Application of General Election Laws.
The laws relating to elections shall apply to a primary insofar as they are consistent with this Chapter, the intent of which is to place the primary under the regulation and protection of the
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election laws, as far as possible, consistently with this Chapter. SOURCE: GC § 2902. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16103. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
§ 15104. Application of Chapter.
A partisan candidate for office shall be nominated in accordance with this Chapter and not otherwise, except as otherwise provided by law. SOURCE: GC § 2903. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16104. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
§ 15105. Party Represented by Whom.
Not less than ninety (90) days before the holding of a primary, each party seeking ballot placement shall submit to the Commission a list of its officers and of its central committee. SOURCE: GC § 2904. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16105. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
§ 15106. Expense of Printing Paid by Whom.
The cost of ballots, blanks and other supplies to be used at any primary, and other costs properly incurred in the preparation for or conducting of the primary, shall be borne by the government of Guam. SOURCE: GC § 2905. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16106. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
§ 15107. Expense of Polling Places, Ballot Boxes and Election Officials.
The Commission, at the expense of the government, shall provide the necessary polling places and ballot boxes for conducting an election for nomination of candidates for office. The Commission, at the expense of the government, shall pay election officials for their services in conducting a primary at the same rate of compensation as provided by this Title for an election. SOURCE: GC § 2906. Added by P.L. 10-151 (June 24, 1970). Codified
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as 3 GCA § 16107. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
§ 15108. Vacancies Not to Be Filled.
In the event that fewer than fifteen (15) candidates are running for I Liheslaturan Guåhan within any party, the central committee of such party or parties shall not fill the party slate for the primary or general election to a full fifteen (15) nominees with its own nomination by filling those positions which are unfilled because fewer than fifteen (15) candidates ran in that party’s primary election. SOURCE: Added by P.L. 22-129:3 (May 31, 1994) as 3 GCA § 16109. Amended by P.L. 25-146:61 (May 27, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 15109. Minimum Vote Required.
No person shall be deemed nominated in a primary election unless the candidate receives votes at least three (3) times greater than the required number of signatures needed for a nomination petition for candidacy for such election, or votes equal to four percent (4%) of the total number of persons who obtain ballots to vote in that primary election for all parties, whichever is less. SOURCE: Added by P.L. 22-129:4 (May 31, 2000) as 3 GCA § 16110. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
ARTICLE 2
NOMINATION; DETERMINATION OF CANDIDATES
- § 15201. Primary Date.
- § 15202. Notice of Primary; Publication, Posting.
- § 15203. Form of Nomination Papers.
- § 15204. Nomination Papers: Qualifications of Signers.
- § 15205. Nomination Papers: Number of Signers.
- § 15206. Time for Filing Nomination Papers; Fees.
- § 15207. Independent Candidates.
- § 15208. Vacancies.
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§ 15201. Primary Date.
The primary shall be conducted at the polling place or places determined by the Election Commission in each district on the first Saturday of August in every even-numbered year. SOURCE: GC § 2910. Added by P.L. 10-151 (June 24, 1970). Amended by P.L. 12-119:1 (Apr. 3, 1974), P.L. 13-032 (June 17, 1975). Codified as 3 GCA § 16201. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 36-078:1 (Feb. 9, 2022), effective Jan. 1, 2023 pursuant to P.L. 36-078:7 (Feb. 9, 2022).
§ 15202. Notice of Primary; Publication, Posting.
(a) At least thirty (30) days before the date for holding the primary, the Commission shall prepare and transmit to each municipal mayor a notice, in writing, designating the office for which candidates are to be nominated at the primary, and state the time, date, and the place where the primary election voting will be held. (b) The Commission shall, within ten (10) days after transmitting the notice to the municipal mayors, cause notice of the primary to be posted in three (3) conspicuous public places in each of the municipal districts of Guam, and to be published at least three (3) times in a newspaper of general circulation in Guam. The notice shall state the time, date, and place where the primary election voting will be held, together with the offices for which candidates are to be nominated and elected. SOURCE: GC § 2911. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16202. Repealed and reenacted to this section by P.L. 31255:2 (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.
§ 15203. Form of Nomination Papers.
(a) No candidate’s name shall be printed upon any official ballot to be used at any primary election unless a nomination paper shall have been filed on his or her behalf and in his or her legal name, as provided in this Chapter in substantially the following form:
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’ NOMINATING PETITION (PARTISAN)
We, the undersigned, registered and qualified electors of Guam hereby nominate
Print or type full name of candidate as a candidate of the ____________________ party for the office of __________________________, to be voted for in the primary election to be held on the ______ day of __________, ________, and we declare that we have not signed, and will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing general election. WARNING : Whoever knowingly signs more petitions for the same office than there are persons to be elected to the office or signs a name other than his own is violating the provisions of the Guam Election Code. Full Name: Date of Birth: Address: Signature: Date: Voting District:
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CIRCULATOR CERTIFICATION
The undersigned circulator of the above petition asserts that he or she is qualified to circulate this petition, that each signature on the petition was signed in his or her presence, that to the best of his or her knowledge and belief each signature is the genuine signature of the person purporting to sign the same, that the person was, at the time of signing, a registered and qualified voter of Guam, and that such elector was qualified to sign the petition.
Print or type full name of circulator Signature of circulator
Address of circulator Date’ (b) All nomination papers shall have substantially the above form written or printed thereon; provided, that those filed for an independent candidate may omit the words ‘of the _________ party.’ No signature shall be valid and counted unless it is written upon a sheet having this form printed thereon, which shall be provided by the Commission. (c) Nomination papers shall not be filed on behalf of any person for more than one (1) party or for more than one (1) office; nor shall nomination papers be filed on behalf of any person both as a party candidate and as an independent candidate. SOURCE: GC § 2912. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16203. Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
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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.
§ 15204. Nomination Papers: Qualifications of Signers.
(a) No person shall sign the nomination papers of more than one (1) candidate for the same office, nor for more than the actual number of offices of one (1) class. Nomination papers shall be construed in this regard according to priority of filing, and the name of any person appearing thereon shall be counted only so long as this provision is not violated, and not thereafter. (b) No name on any nominating petition shall be counted as valid unless the signer is an elector, qualified and registered to vote for the candidate at the next primary or general election. SOURCE: GC § 2913. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16204. Repealed and reenacted to this section by P.L. 31255:2 (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.
§ 15205. Nomination Papers —Number of Signers.
(a) No person shall be certified as a candidate for nomination unless the following number of qualified electors shall have signed a petition in favor of the candidate: (b) When there are candidates for the mayoral or vicemayoral positions in municipalities or districts that had less than
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one thousand (1,000) total votes cast in the prior election, the mayoral and vice-mayoral candidates in these jurisdictions shall acquire five percent (5%) of the qualified electors based from the prior election. SOURCE: GC § 2914. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16205. Amended b