GCA Title 3, Chapter 21
3 GCA ELECTIONS CH. 21 GUAM DECOLONIZATION REGISTRY
CHAPTER 21
GUAM DECOLONIZATION REGISTRY
§ 21031. Same: Powers of the Board.
§ 21000. Legislative Findings and Intent.
In furtherance of Public Law Number 23-147, now codified as Chapter 21 of Title 1 of the Guam Code Annotated, wherein the Commission on Decolonization was established and given the mandate to conduct a plebiscite on the political status wishes of the people of Guam, I Liheslaturan Guåhan finds there is a need for a Registry, separate and apart from the Chamorro Registry authorized by Public Law Number 23-130, now codified as Chapter 20 of Title 3 of the Guam Code Annotated, which will specifically delineate the list of qualified voters for the political status plebiscite, and intends that this separate Registry not be one based on race. It is the intent of I Liheslaturan Guåhan to permit the native inhabitants of Guam, as defined by the U.S. Congress’ 1950 Organic Act of Guam to exercise the inalienable right to self-determination of their political relationship with the United States of America. I Liheslaturan Guåhan finds that the right has never been afforded the native inhabitants of Guam, its native inhabitants and land having themselves been overtaken by Spain, and then ceded by Spain to the United States of America during a time of war, without any consultation with the native inhabitants of Guam. This inalienable right is founded upon the 1898 Treaty of Peace between the United States and Spain; Chapter XI of the United Nations Charter; the United States’ yearly reports to the United Nations on the Non Self-governing Territory of Guam; 1950 Organic Act of Guam; United Nations Resolution Number 1541 (XV); United Nations Resolution 1514 (XV); § 307 (a) of the United States Immigration and Nationality Act; and Part I, Article 1, Paragraphs 1 and 3 of the International Covenant on Civil and Political Rights. I Liheslaturan Guåhan notes that the 1950 Congress acknowledged its United Nations’ responsibilities: In addition to its obligation under the Treaty of Paris, the United States has additional treaty obligations with respect to Guam as a non-self-governing Territory. Under Chapter XI of the Charter of the United Nations, ratified by the Senate June 26, 1945 (59 Stat. at p. 1048), we undertook, with respect to the people of such
3 GCA ELECTIONS CH. 21 GUAM DECOLONIZATION REGISTRY
Territories, to insure political advancement, to develop selfgovernment, and taking ‘due account of the political aspirations of the peoples; * * * to assist them in the progressive development of their free political institutions * * *.’ Organic Act of Guam, Sen. Rep. 2109, 1950 U.S. Code & Admin. Report p. 2841. It is the purpose of this legislation to seek the desires to those peoples who were given citizenship in 1950 and to use this knowledge to further petition Congress and other entities to achieve the stated goals. The intent of this Chapter shall not be construed nor implemented by the government officials effectuating its provisions to be race based, but founded upon the classification of persons as defined by the U.S. Congress in the 1950 Organic Act of Guam. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000).
§ 21001. Definitions. For Purposes of This Chapter:
(a) ’ Board ’ shall mean the Decolonization Registry Board established under the Guam Election Commission for the purposes of guiding the establishment, administration and maintenance of the Guam Decolonization Registry. (b) ‘Commission’ shall mean the Guam Election Commission. (c) ’ Descendant’ shall mean a person who has proceeded by birth, such as a child or grandchild, to the remotest degree, from any ‘Native Inhabitant of Guam ,’ as defined in Subsection (e), and who is considered placed in a line of succession from such ancestor where such succession is by virtue of blood relations. (d) ’ Guam Decolonization Registry ’ shall mean the index of names established by the Guam Election Commission (‘Commission’) for the purposes of registering and recording the names of the Native Inhabitants of Guam. (e) ’ Native Inhabitants of Guam ’ shall mean those persons who became U.S. Citizens by virtue of the authority and enactment of the 1950 Organic Act of Guam and descendants of those persons. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000).
§ 21002. Affidavit of Registration.
No person shall be registered with the Guam Decolonization Registry, except upon the person’s declaration under penalty of perjury that they meet the qualification as defined above. The Commission shall prepare forms for the collection of data pertaining to registration eligibility, native inhabitant of Guam 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 must be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000). Amended by P.L. 33-011:5 (Apr. 1, 2015).
§ 21002.1. Registration of Qualified CLTC Applicants.
The Commission shall waive the affidavit of registration process for individuals that have received a Chamorro Land Trust Commission lease or have been pre-approved to receive a Chamorro Land Trust Commission property lease. Those individuals shall be included on the registration roll of the Guam Decolonization Registry and are deemed registered unless the lessee requests in writing not to be included on the Decolonization Registry. SOURCE: Added by P.L. 30-102:3 (Mar. 12, 2010), effective retroactive to Mar. 1, 1993, pursuant to P.L. 30-102:6.
§ 21003. Persons Entitled to Register or be Registered.
Every person who is a Native Inhabitant of Guam, as defined above, or who is descended from a Native Inhabitant of Guam is entitled to register with the Guam Decolonization Registry. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000).
§ 21004. Same: Minors.
Individuals below the age of eighteen (18) years, who turn eighteen (18) years on or before the date of the Political Status Plebiscite, shall be entitled to register with the Guam Decolonization Registry by a parent or legal guardian. Such parent or guardian must register such minor via a declaration, under penalty of perjury, that they meet the qualification as defined above. The Commission shall also require the submission of such additional information and proper documentation as will enable it to verify the relationship between parent or guardian and said minor, and to comply with the rest of this Chapter. Any change of residency for such minor must be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000). Amended by P.L. 33-011:6 (Apr. 1, 2015).
§ 21005. Same: Off-Island Native Inhabitants of Guam.
Persons who are eligible under this Chapter to register with the Guam Decolonization Registry, but who are not on Guam at such time as they intend to register, may complete and submit a declaration, under penalty of perjury, that they meet the qualification as defined above and submit said declaration via electronic registration to the Commission. Declarations 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 must be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000). Amended by P.L. 33-011:7 (Apr. 1, 2015).
§ 21006. Same: Minors.
Individuals below the age of eighteen (18) years who are eligible under this Chapter to register with the Guam Decolonization 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 a declaration, under penalty of perjury, that they meet the qualification as defined above and submit said declaration via electronic registration to the Commission on behalf of said minor. The Commission shall require from such parent or guardian the submission of such additional information and proper documentation as will enable the Commission to comply with this Chapter. Any change of residency must be reported to the Commission within thirty (30) days of such change. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000). Amended by P.L. 33-011:8 (Apr. 1, 2015).
§ 21007. Times for Registration.
A person may register with the Guam Decolonization Registry at any time during the year, except at such times when the Commission shall close the registration rolls for the purposes of conducting the Political Status Plebiscite. At such times the registration rolls shall be closed ten (10) days prior to such Political Status Plebiscite. (a) Exception. For the purposes of registering eligible persons to vote on the plebiscite relative to Guam’s political status, the Commission, in consultation with the Commission on Decolonization for the Implementation and Exercise of Chamorro Self Determination, shall develop a methodology that will allow a registration process at each of the island’s voting precincts and Mayors’ offices. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000). Subsection (a) added by P.L. 31-092:3 (Sept. 30, 2011).
§ 21008. Place of Registration.
Registration for Native Inhabitants of Guam with the Guam Decolonization 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 and designated educational institutions, for an undetermined period after the date of enactment, as is necessary for the purposes of registering eligible persons with the Guam Decolonization Registry. Such registration shall take place at each Mayor’s office, Guam Community College, University of Guam, each high school or any other place within the Village designated by the Commission. Native Inhabitants of Guam shall also be able to register with the Guam Decolonization Registry at such times and places within Guam as the Commission shall deem advisable and convenient, and the Commission shall deputize volunteers for such purposes as well. SOURCE: Added by P.L. 25-106:2 (Mar. 24, 2000).
§ 21008.1. Workplace Registration.
The Commission shall coordinate with the leadership of the executive, legislative and judicial branches of the government of Guam, and the Mayors Council of Guam, a uniform method and schedule wherein all government of Guam employees and their dependents may register at the employees’ respective department, agency, or instrumentality of the government of Guam. The Commission may also develop a plan to include individual civic and business sectors of Guam as registration sites.
3 GCA ELECTIONS CH. 21 GUAM DECOLONIZATION REGISTRY
(a) I Maga’lahen Guåhan shall facilitate the intent of this Act by coordinating with all department, agencies, and instrumentalities of the government of Guam directing that the head of each organization, or his designee, serve as an intra-office or inter-office registration clerk(s) for the purposes of effectuating the method and schedule, as determined and established by the Commission, for the purpose of registering eligible persons for the Guam Decolonization Registry as contained in this Chapter. (b) The Speaker of I Liheslaturan Guåhan shall work with all Senatorial Offices and Offices of the Legislature and coordinate through the Committee on Rules, or its equivalent, a process to effectuate the method and schedule, as determined and established by the Commission, that identifies an intra-office or inter-office registration clerk(s) for the purpose of registering eligible persons for the Guam Decolonization Registry as contained in this Chapter. (c) The Chief Justice of the Supreme Court of Guam shall work with the Judicial Council of Guam and the Commission to effectuate the method and schedule, as determined and established by the Commission, that identifies an intra-office or inter-office registration clerk(s) for the purpose of registering eligible persons for the Guam Decolonization Registry as contained in this Chapter. (d) The President of the Mayors Council of Guam shall work with the Council and the Commission to effectuate the method and schedule, as determined and established by the Commission, that identifies an intra-office or inter-office registration clerk(s) in each of its municipalities for the purpose of registering eligible persons for the Guam Decolonization Registry as contained in this Chapter. (e) The Commission may develop a plan of action and education campaign to expand its method of enlisting the support of government agencies in the process of registering eligible persons for the Guam Decolonization Registry to incorporate sectors of the island’s civic and business and community in the process of registering eligible persons for the Guam Decolonization Registry. (f) All employees designated to act as registration clerks pursuant to this Section shall meet all the qualifications of Title 3 GCA Chapter 3 and shall comply with all laws, rules, regulations and procedures governing the conduct of registration clerks. The Commission shall develop rules, regulations and procedures for the appointment and training of registration clerks identified, directed, or designated pursuant to this § 21008.1. (g) The Guam Election Commission shall submit an intergovernment wide education and registry plan that contains the proposed method and target timelines to I Liheslaturan Guåhan within sixty (60) days after enactment of this Act. The Commission may also include its plan for enlisting the support of the island’s business community. (h) Implementation of the provisions of this Act as contained in § 21008.1 (a), (b), (c) and (d) shall be in effect within thirty (30) days after the submittal of the method and target timelines of the Commission. SOURCE : Added by P.L. 31-244:2 (Dec. 6, 2012).
§ 21008.2. Online Registration.
(a) A person who meets the qualifications to register under this Chapter may submit their registration electronically via the Guam Election Commission website. (b) The applicant must attest, under penalty of perjury, to the truth of the i