GCA Title 3, Chapter 17
CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
CHAPTER 17
ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
SOURCE: Former Chapter 19 reenacted to this chapter by P.L. 31-255:2 (Dec. 11, 2012). 2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam’ and I Maga’håga/Maga’låhi means the ‘Governor.’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan means the ‘Guam Legislature.’ 2012 NOTE: This chapter, formerly entitled ‘Initiative, Referendum, and Legislative Submission,’ was reenacted as Chapter 16 by P.L. 31-255:2 (Dec. 11, 2012).
- § 17101. Definitions.
- § 17102. Duties of Election Commission.
- § 17103. Filing of Reports.
- § 17104. Death of Candidate Prior to Filing Reports.
- § 17105. Death of Candidate After Submitting Final Report.
- § 17106. Registration.
- § 17107. Organizational Reports.
- § 17108. Campaign Treasurer.
- § 17109. Campaign Contributions in General.
- § 17110. Campaign Contributions: Restrictions Against Transfer.
- § 17111. Limit on Anonymous Contributions.
- § 17112. False Name.
- § 17113. Limitation on Amount of Contributions.
- § 17114. Campaign Expenditures: Authority Required.
- § 17115. Organizational Reports.
- § 17116. Quarterly Reports.
- § 17117. Registration and Taxation of Campaign Funds.
- § 17118. Final and Supplemental Reports.
- § 17119. Disposition of Funds.
- § 17120. Advertising.
- § 17121. Complaints and Investigation.
- § 17122. Administrative Fines; Relief.
§ 17101. Definitions.
When used in this Chapter: (a) ’ Advertisement ’ means: (1) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a candidate, which identifies a candidate directly or by implication, or which advocates or supports the nomination for election of the candidate, or advocates or supports his or her defeat; and (2) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a committee, which identifies an issue or question which appears or is reasonably certain to appear on the ballot at the next applicable election, or which advocates or supports the passage or defeat of the question or issue.
3 GCA ELECTIONS
CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
(b) ’ Campaign treasurer ’ means a person appointed under § 17108 of this Chapter, and, unless expressly indicated otherwise, includes deputy campaign treasurers. (c) A ’ candidate ’ is one who either seeks a nomination or is proposed for a nomination by sponsors or accepts money towards an election in accordance with the provisions of this Title; and who: (1) files nomination papers for an office for himself or herself, or, consents to have a declaration of nomination for an office filed on his or her behalf by five (5) voters as specified in § 6106 of this Title; or (2) receives contributions in an aggregate amount of more than One Hundred Dollars ($100.00), or makes or incurs any expenditures to bring about his or her nomination for election, or election to office; or (3) gives his or her consent for any other person to receive contributions or make expenditures to aid his or her nomination for election, or election to office. (d) ’ Commission ’ means the Guam Election Commission. (e) ’ Committee ’ means: (1) any person who accepts a contribution or makes an expenditure for or against any individual candidate or group of candidates, person seeking nomination for election, or election to office, or political party, with the authorization of the candidate, person, or political party, or who accepts a contribution or makes an expenditure for or against any question or issue which is to appear on the ballot at the next applicable election; (2) any person who raises or holds money or anything of value and who subsequently contributes the money or thing of value to, or make expenditures on behalf of an individual candidate, group of candidates, person, or political party; provided, that the term committee shall not include any person making a contribution or expenditure of his or her own funds or something of value originally acquired for his or her own use and not for the purpose of evading any provision of this Chapter. (f) ’ Contribution ’ means: (1) a gift, subscription, loan, advance, deposit of money or anything of value, or cancellation of a debt or legal obligation for the purpose of: (A) influencing the nomination for election, or election of any person to office; or (B) influencing the outcome of any question or issue which appears or is reasonably certain to appear on the ballot at the next applicable election; or (C) use by any party for the purpose set out in Subsection (A) or (B) herein; (2) the payment, by any person other than a candidate or committee, or compensation for the personal services of another person, which are rendered to the candidate or committee without charge or at an unreasonably low charge, a discount not offered to any other candidate or committee other than volunteer campaign services; or (3) a contract, promise, or agreement to make a contribution; provided, that notwithstanding Subsections (1), (2), and (3) of this Subsection, the term shall not include services or portions thereof voluntarily provided without reasonable compensation by individuals to or in behalf of a candidate or committee; or
3 GCA ELECTIONS
CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
(4) notwithstanding Subsections (1) (2) and (3) herein, a candidate ’ s expenditure of his or her personal funds in the pursuit of his or her campaign shall not be a contribution for the purpose of this Subsection. (g) ’ Election ’ means any primary, general or special election for office, or for determining a question or issue provided by law. (h) ’ Expenditure ’ means: (1) any purchase or transfer of money, or anything of value; or promise or agreement to purchase or transfer money, or anything of value; or payment incurred or made; or the use or consumption of a nonmonetary contribution for the purpose of: (A) influencing the nomination for election, or election of any person seeking nomination for election, or election to office, whether or not the nomination papers have been filed by himself or herself or, on his or her behalf; or (B) influencing the outcome of any question or issue which is to appear on the ballot at the next applicable election; or (C) use by any political party for the purposes set out in Subsection (A) or (B) above; (2) the payment, by any person other than a candidate or committee, of compensation for the personal services of another person which are rendered to the candidate or committee for any of the purposes mentioned in Subsections (h) (1)(A), (B) or (C) of this Section; or (3) the expenditure by a candidate of his or her own funds for the purposes set out in Subsections (h) (1)(A), (B) or (C) of this Section. (i) ’ Newspaper ’ means a publication of general circulation issued once or more per month, which is written and published on Guam. (j) ’ Office ’ means any elective public office, excluding federal elective offices. (k) ’ Person ’ means an individual, partnership, committee, association, or organization. (l) A candidate is directly opposed to another when the election of that other candidate could mean the non-election of the candidate in question. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19101. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16101 by P.L. 31-255:2 (Dec. 11, 2012).
§ 17102. Duties of Election Commission.
The Election Commission shall supervise campaign contributions and expenditures, and its duties in regards to this Chapter shall include, but not be limited to, the following: (a) to ascertain whether any candidate, committee, political party, or other person has failed to file a report required by this Chapter or has filed a substantially defective or deficient report, and to notify the person(s) that their failure to file or filing of a substantially defective or deficient report shall be corrected and explained, the correction or explanation to be submitted in writing to the Commission within a reasonable time after the notification of the deficiency or failure to file. The Election Commission shall make available a list of candidates, committees, and political parties who have failed to correct their deficiency within the time allowed by the Election Commission. Failure to properly respond to the notification shall constitute a violation of this Chapter;
3 GCA ELECTIONS
CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
(b) to develop and adopt reporting forms required by this Chapter; (c) to preserve all reports required by this Chapter for at least five (5) years from the date of receipt; (d) to permit the inspection, copying or duplicating of any report required by this Chapter pursuant to rules adopted by the Election Commission for such purpose; provided, that no information or copies from the reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose; (e) to investigate and hold public hearings for receiving evidence of any violations, and to summon witnesses before it; (f) to request the initiation of prosecution for the violation of any requirements of this Chapter;
- (g) to offer advisory opinions to interested persons regarding compliance with the requirements of this Chapter; and (h) to issue fines for any violations of this Chapter. Any fines herein shall be deposited in the General Fund for the use of the Guam Election Commission, subject to appropriation by I Liheslaturan Guåhan . A report of all fines shall be submitted quarterly to I Maga’håga/Maga’låhi and I Liheslaturan Guåhan . Schedule of fines will follow the Administrative Adjudication Act. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19102. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.1, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16102 by P.L. 31-255:2 (Dec. 11, 2012).
§ 17103. Filing of Reports.
All reports required to be filed by this Chapter by a candidate or committees supporting a candidate with his consent shall be certified as correct by the candidate. All reports required to be filed under this Chapter by a political party or any other committee shall be certified correct by the party, or committee treasurer, or the deputy treasurer, or the chairman, thereof, in that order. All reports required to be filed with the Election Commission shall be open for public inspection. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.2, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16103 by P.L. 31-255:2 (Dec. 11, 2012).
§ 17104. Death of Candidate Prior to Filing Reports.
If a candidate dies prior to the filing of his or her final report, the campaign treasurer for the election committee of said candidate shall file a final report as required by § 17118. The treasurer shall note in the report that the candidate is deceased and that it will be the last report of the candidate’s status, even if there is a deficit or a surplus. SOURCE: Added by P.L. 22-109:11 (Apr. 1, 1994) as 3 GCA § 19103.1. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.3, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16104 by P.L. 31-255:2 (Dec. 11, 2012).
§ 17105. Death of Candidate After Submitting Final Report.
If a candidate passes away after a final report has been submitted to the Commission, but before a supplemental report is due regarding a deficit or surplus as provided in Subsections (c) and (d) of § 17118,
3 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
the treasurer or authorized representative of the candidate shall file the supplemental report showing the status of the deficit or surplus and note therein that the candidate is deceased and no further reports shall be forthcoming. SOURCE: Added by P.L. 22-109:12 (Apr. 1, 1994) as 3 GCA § 19103.2. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.4, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16105 by P.L. 31-255:2 (Dec. 11, 2012).
§ 17106. Registration.
Each candidate, committee, and political party shall file an organizational report no later than the earliest of the following applicable days:
- (a) on or before the day of filing for nomination or election; (b) by the tenth (10th) day after receiving any contributions for the next campaign in an aggregate amount of more than Two Hundred Fifty Dollars (250.00). SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19104. Subsection (b) amended by P.L. 27-161:1 (Dec. 30, 2004). Subsection (b) repealed and reenacted by P.L. 28-150:V:32 (Sept. 30, 2006). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.5, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16105 by P.L. 31-255:2 (Dec. 11, 2012).
§ 17107. Organizational Reports.
(a) The organizational report shall include: (1) the full name, address, office sought when known, and party affiliation of each candidate or individual whom the committee or party is supporting and the name and address of the committee or party;
- the full names and addresses of the campaign treasurer and deputies;
- the full names and addresses of the campaign chairman and deputy campaign chairman;
- a list of all banks, safety deposit boxes, or other depositories used and the applicable account numbers;
- the amount and date of deposit of the contributions and the name and address of each individual donor who has made a contribution of more than One Hundred Dollars ($100.00), except for funds and contributions which may be reported in the aggregate as indicated in § 17109 (b); and (6) in the case of a report by a committee or party supporting or opposing a ballot question or issue, all of the information described in Subsections (2) through (5) herein and a description of the question or issue. (b) Any change in information submitted in th