GCA Title 3, Chapter 18
3 GCA ELECTIONS CH. 18 THE CHAMORRO REGISTRY
CHAPTER 18 THE CHAMORRO REGISTRY
SOURCE: Former chapter 20 reenacted to this chapter by P.L. 31-255:2 (Dec. 11, 2012). NOTE: This chapter, formerly entitled ‘Verification of Signatures ,’ was reenacted as 3 GCA § 16601 by P.L. 31-255:2 (Dec. 11, 2012).
- § 18001. Definitions.
- § 18002. Affidavit of Registration.
- § 18003. Persons Entitled to Register or Be Registered.
- § 18004. Same: Minors.
- § 18005. Same: Off-Island Chamorros.
- § 18006. Same: Same: Minors.
- § 18007. Times for Registration.
- § 18008. Place of Registration.
- § 18009. Unlawful Registration as a Crime.
- § 18010. Permanence of Records.
- § 18011. Qualifications of Registration Clerks for the Chamorro Registry.
- § 18012. Compensation for Registration Clerks.
- § 18013. Registration Clerks Empowered to Take Affidavits.
- § 18014. Registration Clerks Not to Charge Fees.
- § 18015. Return of Documents by Registration Clerks.
- § 18016. Penalties for Acts or Omissions.
- § 18017. Reports to the Attorney General.
- § 18018. Costs to Registration Clerks.
- § 18019. Certified Copy of Registration as Evidence.
- § 18020. Report of Deaths.
- § 18021. Action to Compel Registration.
- § 18022. Action to Compel Cancellation.
- § 18023. Preservation of Registration Affidavits.
- § 18024. Index of Registrations.
- § 18025. Index as Public Record; Fee.
- § 18026. Establishment of Chamorro Registry Advisory Board: Composition; Removal of Members; Chairperson; Quorum.
- § 18027. Same: Ex-officio and Nonvoting Members.
- § 18028. Same: Duties and Responsibilities.
- § 18029. Same: Provisions of Forms.
- § 18030. Same: Informational Brochures. § 18031. Same: Powers of the Advisory Board.
§ 18001. Definitions.
For the purpose of this Title: Chamorro shall mean: (a) all inhabitants of the Island of Guam on April 11, 1899,including those temporarily absent from the Island on that date and who were Spanish subjects; and (b) all persons born on the Island of Guam prior to 1800, and their descendants, who resided on Guam on April 11, 1899, including those temporarily absent from the Island on that date, and their descendants; (c) descendant means a person who has proceeded by birth, such as a child or grandchild, to the remotest degree, from any Chamorro as defined above, and who is considered placed in a line of succession from such ancestor where such succession is by virtue of blood relations. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20001. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted by P.L. 25-106:12 (Mar. 24, 2000). Repealed and reenacted to this section by P.L. 31255:2 (Dec. 11, 2012). 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections (1), (2) and (3) to (a), (b) and (c).
§ 18002. Affidavit of Registration.
No person shall be registered with the Chamorro Registry except by affidavit of registration made before the registration clerk of the district or municipality wherein such person resides, or before a registration clerk in the office of the Guam Election Commission. The Commission shall prepare forms for the collection of data pertaining to registration eligibility, Chamorro family name, and residency. The Commission shall also require the submission of such additional information and proper documentation as will enable it to comply with this Chapter. The affidavit shall then be made in duplicate and shall set forth all the facts required to be set forth by this Title. Any change of residency shall be reported to the Commission within thirty (30) days of such change.
3 GCA ELECTIONS CH. 18 THE CHAMORRO REGISTRY
SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20002. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18003. Persons Entitled to Register or Be Registered.
Every person who is Chamorro, as defined in § 18001 above, or who is descended from a Chamorro is entitled to register or, in the case of minors, be registered with the Chamorro Registry. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20003. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18004. Same: Minors.
Individuals under the age of eighteen (18) years, who are eligible under § 18003 of this Chapter to be registered with the Chamorro Registry, are considered minors and shall be registered by a parent or legal guardian. Such parent or guardian shall register such minor by affidavit of registration made before the registration of the district or municipality wherein such minor resides, or before a registration clerk in the office of the Commission. The Commission shall also require the submission of such additional information and proper documentation as will enable it to verify the relationship between parent/guardian and said minor and to comply with the rest of this Chapter. Any change of residency for such minor shall be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20004. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18005. Same: Off-Island Chamorros.
Persons who are eligible under § 18003 of this Chapter to register with the Chamorro Registry, but who are not on Guam at such time as they intend to register, may complete and submit, via certified mail, a notarized affidavit of registration to the Commission. Affidavits of registration shall be made available by the Commission. The Commission shall also require from such persons the submission of such additional information and proper documentation as will enable it to comply with this Chapter. Any change of residency shall be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20005. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18006. Same: Same: Minors.
Individuals under the age of eighteen (18) years, who are eligible under § 18003 of this Chapter to register with the Chamorro Registry, but who are not on Guam at such time as they are to be registered, may be registered by a parent or legal guardian who shall complete and submit, via certified mail, a notarized affidavit of registration to the Commission on behalf of said minor. The Commission shall require from such parent/guardian the submission of such additional information and proper documentation as will enable it to comply with this Chapter. Any change of residency shall be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20006. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18007. Times for Registration.
A person may register with the Chamorro Registry at any time during the year, except at such times when the Commission shall close the registration rolls for the purposes of conducting elections or plebiscites. At such times, the registration rolls shall be closed ten (10) days prior to such election or plebiscite. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20007. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Subsection (a) added by P.L. 31-092:2 (Sept. 30, 2011). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18008. Place of Registration.
Registration for Chamorros with the Chamorro Registry shall be in progress at the main office of the Commission during such hours as the office is open for business, prior to any closing of the registration rolls. Upon enactment of this Act, the Commission shall deputize as many volunteers to serve as registration clerks in each of the villages, for an undetermined period after the date of enactment, as is necessary for the purposes of registering eligible persons with the Chamorro Registry. Such registration shall take place at each mayor’s office or any other place within the village designated by the Commission. Chamorros shall also be able to register with the Chamorro Registry at such times and places within Guam as the
CH. 18 THE CHAMORRO REGISTRY
Commission shall deem advisable and convenient, and the Commission shall deputize volunteers for such purposes as well. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20008. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18009. Unlawful Registration as a Crime.
Any person who willfully causes, procures, or allows himself or any person to be registered with the Chamorro Registry, while knowing that he or that other person is not entitled to register with the Chamorro Registry, is guilty of perjury as a misdemeanor. An individual who is guilty of submitting a false affidavit of registration with the Chamorro Registry shall have such affidavit of registration automatically revoked. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20009. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18010. Permanence of Records.
The registration of a Chamorro is permanent for all purposes. It shall be the duty of the Commission to issue to each registered Chamorro a card indicating that such person has been registered with the Chamorro Registry. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20010. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18011. Qualification of Registration Clerks for the Chamorro Registry.
The Commission may appoint any qualified adult as a registration clerk. No person holding an elective office or who is a candidate for elective office shall be appointed as a registration clerk. Under no circumstances may a volunteer clerk deny registration to a person eligible to register or be registered with the Chamorro Registry. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20011. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18012. Compensation for Registration Clerks.
§ 3111 of Chapter 3 of this Title applies.
3 GCA ELECTIONS CH. 18 THE CHAMORRO REGISTRY
SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20012. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18013. Registration Clerks Empowered to Take Affidavits.
§ 3112 of Chapter 3 of this Title applies. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20013. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18014. Registration Clerks Not to Charge Fees.
§ 3113 of Chapter 3 of this Title applies. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20014. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18015. Return of Documents by Registration Clerks.
All registration clerks shall return all affidavits of registration and all books or pads in their possession containing stubs, spoiled affidavits, or unused affidavit forms to the Commission, which shall file the original and copy of each affidavit separately in a securely locked container or storage space. The timetable for submission of documents by registration clerks and the organization of affidavits shall be determined by the Commission. The original affidavit of registration shall be kept, at all times, in the office of the Commission. The duplicates shall be bound in a suitable book or form. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20015. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18016. Penalties for Acts or Omissions.
Any person having charge of affidavits of registration is guilty of a misdemeanor who: (a) neglects or refuses to make all the entries provided for in this Title; or (b) fails or neglects to comply with any provision of this Chapter. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20016. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18017. Reports to the Attorney General.
The Commission shall report to the Attorney General of Guam, under oath, the names of any registration clerk who has not complied with the provisions of this Chapter. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20017. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18018. Costs to Registration Clerks.
§ 3117 of Chapter 3 of this Title applies. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20018. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18019. Certified Copy of Registration as Evidence.
§ 3118 of Chapter 3 of this Title applies. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20019. ffective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18020. Report of Deaths.
§ 3122 of Chapter 3 of this Title applies. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA § 20020. Effective 90 days from date of enactment pursuant to P.L. 23-130:4. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).
§ 18021. Action to Compel Registration.
If a registration clerk refuses to register any person eligible to register with the Chamorro Registry, such person may appeal such refusal to the Commission, and if the Commission upholds or affirms the ruling of the registration clerk, such person may proceed by action in the Superior Court to compel his registration. In an action under this Section, as many persons may join as plaintiffs, as have causes of action. SOURCE: Added by P.L. 23-130:2 (Dec. 30, 1996) as 3 GCA §