GCA Title 3, Chapter 16
3 GCA ELECTIONS
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
CHAPTER 16
INITIATIVE, REFERENDUM AND LEGISLATIVE SUBMISSION
NOTE: Unless otherwise noted, all sections within this chapter were added to the Government Code of Guam by P.L. 14-023 (May 3, 1977). 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 chapter 17 reenacted to this chapter by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE : This chapter, formerly entitled ‘Conduct of Primary Elections ,’ was reenacted as chapter 15 by P.L. 31-255:2 (Dec. 11, 2012).
- Article 1. General Provisions.
- Article 2. Initiative.
- Article 3. Referendum.
- Article 4. Legislative Submission.
- Article 5. Arguments Concerning Initiative, Referendum or Legislative Submission Measures Submitted to Voters.
- Article 6. Verification of Petitioners.
ARTICLE 1 GENERAL PROVISIONS
- § 16101. Legislative Intent.
- § 16102. Definitions.
- § 16103. Legislative Amendment: Limitations.
- § 16104. Summary of Proposed Initiative, Referendum or Legislative Submission: Fees.
- § 16105. Preparation of Ballot Title by Election Commission.
- § 16106. Designation of Measures by Title.
§ 16101. Legislative Intent.
It is the intent of I Liheslaturan Guåhan that the people of Guam shall have the right to exercise the power of initiative and referendum with regard to legislative matters, and that I Liheslaturan Guåhan shall submit matters to the voters for approval or rejection.
3 GCA
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
SOURCE : GC § 2960. Added by P.L. 14-023 (May 3, 1977). Codified as 3 GCA § 17101. Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16102. Definitions.
As used in this Chapter: (a) Initiative is the power of the voters to propose statutes, and to adopt or reject them at the polls. (b) Referendum is the power of the voters to initiate action to repeal existing statutes or parts of statutes, except statutes calling for elections or appropriations for usual current expenses of Guam. (c) Legislative Submission means the power of the voters to approve or reject legislation which has been referred to them by I Liheslatura (the Legislature). (d) Measure refers to the action proposed or question presented on the initiative, referendum or legislative submission. SOURCE : GC § 2960.1. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17102. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16103. Legislative Amendment: Limitations.
I Liheslatura (the Legislature) may amend or repeal statutes enacted pursuant to legislative submission, but I Liheslatura (the Legislature) may not, within a period of two (2) years, amend or repeal a statute enacted pursuant to an initiative without voter approval, unless said statute provides for amendment or repeal without voter approval. SOURCE : GC § 2960.2. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16104. Summary of Proposed Initiative, Referendum or Legislative Submission: Fees.
(a) The proponents of any proposed initiative or referendum measure, prior to circulating any petition for signatures, shall submit a draft of the measure to the Election Commission with a request that it prepare a summary of the chief purposes and points of the proposed measure. The summary shall not exceed one hundred (100) words, and shall be a true and impartial summary of the measure.
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
(b) The Election Commission shall also, upon request of the Speaker of I Liheslatura (the Legislature), prepare a summary of each legislative submission measure to be submitted to the voters by I Liheslatura (the Legislature). The summary shall not exceed one hundred (100) words. (c) The proponents of any initiative or referendum measure shall, at the time of submitting the draft of the measure to the Election Commission, pay a non-refundable fee of Two Hundred Dollars ($200.00) for the cost of preparing the measure for the ballot. No fee shall be charged for legislative submissions. SOURCE : GC § 2960.3. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17104. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16105. Preparation of Ballot Title by Election Commission.
The Election Commission shall provide a ballot title for each initiative, referendum or legislative submission to be submitted to the voters within ten (10) days after the measure is certified for a position on the ballot, and publish said title once a week for three (3) consecutive weeks in a newspaper of general circulation on Guam. The ballot title may differ from the legislative or other title of the measure, and shall express the purpose of the measure in not more than one hundred (100) words. The Election Commission shall give a true and impartial statement of the purpose of the measure in such language that the ballot title shall not be an argument, or likely to create prejudice either for or against the measure. SOURCE : GC § 2960.4. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17105. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16106. Designation of Measures by Title.
Each measure shall be designated on the ballot by the ballot title prepared by the Election Commission. The ballot title given shall begin with the last two (2) digits of the election year, followed by the alphabet letter corresponding to the order in which it was submitted to the Election Commission. SOURCE : GC § 2960.5. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17105. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
ARTICLE 2 INITIATIVE
§ 16201. Initiative: Proposal of.
Initiative measures may be proposed by presenting petitions to the Election Commission, as set forth in this Chapter, with bona fide signatures of voters equal in number to ten percent (10%) of all registered voters as of the time the proposed initiative measure is submitted to the Election
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
Commission prior to circulation. The proposed initiative measure shall not exceed five hundred (500) words. SOURCE : GC § 2960.6. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17201. Repealed and reenacted by P.L. 24-132:1 (Feb. 16, 1998). Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012).
§ 16201.1. Qualified Proponent.
Initiative measures may only be proposed by a bona fide resident and registered voter of Guam who was registered during the preceding general election. The qualified proponent of any initiative may act individually or on behalf of an organization, partnership, corporation, committee, or business. SOURCE : Added by P.L. 31-283:2 (Dec. 31, 2012).
§ 16201.2. Initiative Author.
The qualified proponent of the initiative and officers of the organization, partnership, corporation, committee, or business he or she represents, if applicable, must be identified. SOURCE : Added by P.L. 31-283:2 (Dec. 31, 2012).
§ 16201.3. Public Input.
Prior to circulation of the initiative for signature gathering, the proponent must host village meetings in at least ten (10) villages, to include the six (6) villages with the largest number of registered voters in the previous election. The meetings shall be documented with written minutes and a video recording. SOURCE : Added by P.L. 31-283:2 (Dec. 31, 2012).
§ 16202. Same: Unrelated Subjects Prohibited.
An initiative measure embracing unrelated subjects may not be submitted to the voters. SOURCE : GC § 2960.7. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17202. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16203. Same: Failed Initiative.
If an initiative measure is not approved by more than sixty percent (60%) of the voters in any election, no initiative measure proposing a
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
substantially similar or substantially related subject shall be submitted to voters for at least ten (10) years after the date of such election . SOURCE : Added by P.L. 29-118:2 (Dec. 2, 2008) as 3 GCA § 17202.2. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 31283:2 (Dec. 31, 2012).
§ 16204. Same: Commission Determination.
The Guam Election Commission shall determine whether an initiative measure proposes a substantially similar or substantially related subject of a previously defeated measure prior to circulation of said measure. SOURCE : Added by P.L. 29-118:3 (Dec. 2, 2008) as 3 GCA § 17202.3. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 31-283:2 (Dec. 31, 2012).
§ 16205. Same: Presentation of.
The Election Commission shall submit the initiative to the electors after certification at the next regularly scheduled biennial general election; provided, however, that I Liheslatura may call an island-wide special election for the purpose of having the electors vote on an initiative measure. SOURCE : GC § 2960.8. Added by P.L. 14-023:8 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17203. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 31-283:2 (Dec. 31, 2012).
§ 16206. Same: Majority Required; Effective Date.
An initiative must be approved by fifty percent (50%) plus one (1) of all voters who go to the polls to vote in the special or biennial general election at which the initiative was placed on the ballot. Any initiative so approved by fifty percent (50%) plus one (1) of all voters who go to the polls to vote at said election shall take effect no earlier than the first (1 st ) day of the month of February of the succeeding year after certification of its passage by the Commission; and after all requisite government rules, regulations, permits pertaining to the initiative are officially adopted and effectuated by relevant department and agencies of the government of Guam. SOURCE : GC § 2960.9. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17204. Repealed and reenacted by P.L. 17-063:13 (Aug. 29, 1984). Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012). Amended by P.L. 31-283:2 (Dec. 31, 2012).
3 GCA
CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
§ 16207. Same: Resolution of Conflicts.
If provisions of two (2) or more measures approved at the same election conflict, those provisions of the measure receiving the highest affirmative votes shall prevail. SOURCE : GC § 2960.10. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17205. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16208. Printing of Summary on Initiative Petition.
Prior to the circulation of any proposed initiative measure, the proponents shall print upon each page of the petition in Roman bold face type not smaller than twelve (12)-point font size, ‘Initiative measure to be submitted directly to the voters.’ Beneath that shall be printed the summary prepared by the Election Commission in the same size type. Across the top of each subsequent page shall be printed a short title not to exceed twenty (20) words describing the nature of the petition, and the subject to which it relates. SOURCE : GC § 2960.11. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17206. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16209. Initiative Petition: Forms; Certification.
(a) Each section of the initiative petition shall have a one (1)-inch column to the left of the place for printed names for use of the precinct board. Each petitioner signer shall sign next to his or her printed name and in the next place, print his or her place of residence (giving the street name and number if such exist, and mailing address) and Social Security or CI number. (b) The number of signatures attached to each section of the petition shall be at the pleasure of the person soliciting signatures to the same. Any qualified voter of Guam shall be competent to solicit said signatures. The petition shall have attached thereto the affidavit of the person soliciting signatures to the same stating his or her qualifications, and that all the signatures to the attached section were made in his or her presence and that, to the best of his or her knowledge and belief, each signature to the section is the genuine signature of the person whose name it purports to be, and no other affidavit thereto shall be required. (c) The affidavit of any person soliciting signatures hereunder shall be verified free of charge by any officer authorized to administer oaths.
3 GCA ELECTIONS CH. 16 INITIATIVE, REFERNDUM AND LEGISLATIVE SUBMISSION
Petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified voters. SOURCE : GC § 2960.12. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17207. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16210. Filing of Petitions.
Officers required by law to receive or file any initiative petition shall not receive or file any initiative which does not conform with the provisions of this Title. SOURCE : GC § 2960.13. Added by P.L. 14-023 (May 3, 1977). Reenacted by P.L. 17-025:III:8 (Oct. 7, 1983). Codified as 3 GCA § 17208. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 16211. Preservation of Filed Petitions.
An officer receiving or filing any initiative petition shall preserve the petition for four (4) years, and may destroy the petition after four (4) years, unless it is in evidence i