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2021 Guam Statutes
Title 3 - Elections
Chapter 3 - Voter Registration

Universal Citation: 3 Guam Code §§ 3101 - 3131 (2021)

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3 GCA ELECTIONS CH. 3 VOTER REGISTRATION CHAPTER 3 VOTER REGISTRATION NOTE: Unless otherwise noted, all sections within this chapter were included in the original Government Code of Guam enacted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964). 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). § 3101. § 3102. § 3102.1. § 3103. § 3104. § 3105. § 3106. § 3107. § 3108. § 3109. § 3110. § 3111. § 3112. § 3113. § 3114. § 3115. § 3116. § 3117. § 3118. § 3119. § 3120. § 3121. § 3122. § 3123. § 3124. § 3125. Persons Entitled to Vote: Compliance With Registration Provisions. Affidavit of Registration, Necessity for and Contents of. Electronic Registration. Political Party. Times for Registration. Place of Registration. Other Designated Places of Registration: High Schools, the Guam Community College, and schools and colleges of the University of Guam. Transfer of Registration. Application Constitutes Registration. Appointment of Registration Clerks. Qualifications of Registration Clerks; Term of Appointment. Compensation of Registration Clerks. Registration Clerks Empowered to Take Affidavits. Registration Clerks Not to Charge Fees. Return of Documents by Registration Clerks. Reports to Attorney General. Action to Compel Registration. Costs. Certified Copy of Registration as Evidence. Cancellation of Registration. Permanence of Records. Grounds for Cancellation of Registration. Report of Deaths. Cancellation of Non-voting Registrants. Reports of Adjudged Incompetents. Action to Compel Cancellation. 1 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION § 3126. § 3127. § 3128. § 3129. § 3130. § 3131. Preservation of Registration Affidavits. Compilation of Registration Affidavits. Index of Registrations. Copies of Index to Candidates. Original Roster of Electors. Public Notice of All New Voters on GEC Website. § 3101. Persons Entitled to Vote: Compliance With Registration Provisions. Every person not confined to a mental institution, nor judicially declared incompetent , nor incarcerated under a sentence of imprisonment, who is a citizen of the United States over eighteen (18) years of age, or who shall have reached his or her eighteenth (18th) birthday by the day set for election, who is a resident of Guam, as defined in § 9123, Chapter 9 of this Title, and who complies with the provisions of this Title governing the registration of electors is entitled to vote at any general election held within Guam; provided, that in the election of municipal, division or district officers only those otherwise qualified electors who reside within the municipality, division or district concerned shall have the right to vote for such municipal, division or district officers. SOURCE: GC § 2056. Amended by P.L. 8-59:1 (Aug. 9, 1965). Repealed and reenacted by P.L. 12-117:1 (Mar. 28, 1974). Amended by P.L. 13-187:39 (Sept. 2, 1976). Codified as 3 GCA § 3101. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3102. Affidavit of Registration, Necessity for and Contents of. (a) No person shall be registered as a voter, except by affidavit of registration made before an authorized registration clerk or, in the case of an absentee voter, pursuant to the provisions of Chapter 10 of this Title. (1) Before such affidavit shall be made, the person shall state if he or she is currently registered to vote in any other jurisdiction. If that person answers affirmatively, that person shall identify said jurisdiction and complete and sign an attested statement on a form provided by the Commission which requests the cancellation of that person’s registration, and which shall be forthwith forwarded by the Commission to that jurisdiction. If that person answers negatively, that person shall nonetheless identify the jurisdiction in which that person last voted. 2 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION (2) No registration clerk shall register any person except upon the person’s declaration under penalty of perjury that the person is a citizen of the United States who will be at least eighteen (18) years of age on the date of the next election to be conducted by the Commission, and that the person is a resident of Guam. (3) The affidavit of registration form by the applicant shall contain: (A) that applicant’s given name, middle name, if any, and surname; (B) the street name and number, municipality or lot number, and municipality where that person resides on Guam; (C) that the person declares under penalty of perjury that he or she is a citizen of the United States who will be at least eighteen (18) years of age on the date of the next election to be conducted by the Commission; (D) that the person has been a resident of Guam for not less than thirty (30) days immediately preceding the date on which the next election will be held; (E) that applicant’s complete mailing address, if different from the residence address, including post office address, city or town, zip code or other designation used by that person for receiving mail. The form shall also include a line for the applicant’s e-mail address (optional to applicant); (F) that applicant’s telephone number; (G) that applicant’s place of birth; (H) that applicant’s date of birth; (I) one (1) of the following identifiers for each applicant: (i) the Guam driver’s license number or Guam identification card number of the applicant issued by the Department of Revenue and Taxation, Motor Vehicle Division; or (ii) if the applicant does not have a Guam driver’s license or Guam identification card, the last four (4) digits of 3 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION the applicant’s social security number; or (iii) if the applicant does not have a Guam driver’s license or Guam identification card or a social security number and the applicant attests to that, a unique identifying number consisting of the applicant’s unique identification number to be assigned by the GEC Executive Director. (J) the statement: “Unlawful Registration is a Crime. Any person who willfully causes, procures or allows himself or herself or any person to be registered as a voter, knowing himself or herself or the other person not to be entitled to registration, is guilty of a felony of the third degree.” (K) the signature of the applicant; and (L) if the applicant is unable to sign the form, a statement that the affidavit was completed according to the applicant’s direction. (b) At the time of submitting a voter registration application, a person shall present a validly issued photo identification card issued by a federal, state, Guam secondary school, Guam post-secondary school or government of Guam entity to the registration clerk or volunteer registrar or other authorized election official. (c) Notwithstanding the age requirements of Subsection (a) of this Section, upon satisfactory proof of age, every person that meets all eligibility requirements to register and is sixteen (16) years of age or older, may preregister to vote. A properly executed registration made pursuant to this Subsection shall be deemed effective as of the date the affiant will be eighteen (18) years of age, if the information in the affidavit of registration is still current at the time. If the information provided by the affiant is not current at the time that the registration would otherwise become effective, the affiant must provide current information by any means authorized in this Chapter for persons eighteen (18) years of age or older for the affiant’s registration to become effective. (1) Notwithstanding any other provision of law, a person who is seventeen (17) years old on the date of a primary election and who is otherwise qualified to vote shall be qualified to vote at that primary, including voting as an absentee, during a grace period, or voting early 4 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION with respect to that primary, if that person will be eighteen (18) years old on the date of the immediately following general election. (2) All references to the requirement that a person must be eighteen (18) years old to vote shall be interpreted in accordance with this Section. (3) For the purposes of this Section, an individual who is seventeen (17) years of age and who will be eighteen (18) years of age on the date of the general election shall be deemed competent to execute and attest to any voter registration forms. SOURCE: GC § 2057. Repealed and reenacted by P.L. 12-149:3 (June 19, 1974). Codified as 3 GCA § 3102. Amended by P.L. 25-146:9 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Subsection (a) amended by P.L. 33011:2 (Apr. 1, 2015). Subsection (b) repealed by P.L. 33-011:3 (Apr. 1, 2015). P.L. 33-012:1 (Apr. 1, 2015) added subsection (c), codified as subsection (b) by Compiler pursuant to 1 GCA § 1606. P.L. 33-148:1 (Apr. 15, 2016) added a new subsection (b) and (c)(1), codified as (c)(1), (2), and (3). 2016 NOTE: Subitem designations were added to and renumbered in subsection (a), and added in subsection (c) to adhere to the Compiler’s codification and alphanumeric schemes pursuant to authority granted by 1 GCA § 1606. § 3102.1. Electronic Registration. (a) A person who has a valid Guam driver’s license or Guam identification card may submit a voter registration application electronically on the Guam Election Commission website. (b) The applicant must attest, under penalty of perjury, to the truth of the information provided on the application by affirmatively accepting the information as true. (c) The applicant must affirmatively agree to the use of his or her Guam driver’s license or Guam identification card signature for voter registration purposes. (d) The applicant must acknowledge that a person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a felony in the third degree. (e) For each electronic application, the Guam Election Commission must obtain a digital copy of the applicant’s Guam driver’s license or Guam identification card signature from the Department of Revenue and Taxation, Motor Vehicle Division. 5 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION (f) The Guam Election Commission may employ additional security measures to ensure the accuracy and integrity of voter registration applications submitted electronically. SOURCE: Added by P.L. 33-011:4 (Apr. 1, 2015). § 3103. Political Party. Affidavits of registration shall be provided with space wherein the registrant may indicate the party to which he or she belongs or desires to belong. However, at the option of the voter this space may be left blank. SOURCE: GC § 2058. Codified as 3 GCA § 3103. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3104. Times for Registration. Ten (10) days prior to any election, the registration rolls shall be closed and no further affidavits of registration shall be accepted by the Commission. SOURCE: GC § 2059. Repealed and reenacted by P.L. 12-149:4 (June 19, 1974). Codified as 3 GCA § 3104. Amended by P.L. 18-040:31 (Nov. 6, 1986), P.L. 25146:10 (June 12, 2000). Subsection (a) added by P.L. 31-092:1 (Sept. 30, 2011). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3105. Place of Registration. The registration of electors shall be in progress at all times at the main office of the Commission during such hours as the office is open for business until the closing of the registration rolls. Electors may also be registered at such times and places within Guam as the Commission shall deem advisable and convenient from the time registration is open until ten (10) days prior to an election. SOURCE: GC § 2059.1. Repealed and reenacted by P.L. 12-149:5 (June 19, 1974). Codified as 3 GCA § 3105. Amended by P.L. 17-025:III:9 (Oct. 6, 1983), P.L. 17063:14 (Aug. 29, 1984), P.L. 18-026:1 (Dec. 31, 1985), P.L. 18-040:32 (Nov. 6, 1986), P.L. 25-146:11 (June 12, 2000). Subsection (a) added by P.L. 31-092:1 (Sept. 30, 2011). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3106. Other Designated Places of Registration: High Schools, the Guam Community College, and schools and colleges of the University of Guam. (a) All public high schools, the Guam Community College, and schools and colleges of the University of Guam are designated as places of registration of electors. 6 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION (b) Registration shall take place during the normal business hours of each school or college. Each principal of a public high school shall designate at least one (1) permanent twelve (12)-month employee to act as a registration clerk on behalf of the high school. The President of the Guam Community College shall designate at least one (1) permanent twelve (12)month employee to act as a registration clerk on behalf of the Guam Community College. Each Dean of a school or college of the University of Guam shall designate at least one (1) permanent twelve (12)-month employee to act as a registration clerk on behalf of the University of Guam. Private high schools may, at their option, be designated as places of registration. All employees designated to act as registration clerks shall meet all the qualifications of this Chapter 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. SOURCE: Added by P.L. 25-010:1 (May 12, 1999) as 3 GCA § 3105.1. Repealed and reenacted to this section by P.L. 31-255:2 (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. 2012 NOTE: This section was originally codified from GC § 2059.2, added by P.L. 12-149:6 (June 19, 1974). Reenacted as 3 GCA § 3107 by P.L. 31-255:2 (Dec. 11, 2012). § 3107. Transfer of Registration. (a) The transfer of registration from one (1) precinct to another precinct shall be in progress only at those times and at those places that the registration of electors is taking place. (b) No registered voter may be transferred from one (1) village or district to another village or district for voting purposes during the registration period between any primary and general election held in the same calendar year, but shall be allowed to vote in the precinct where the voter is registered. The transfer shall then become effective after the general election. This Subsection does not apply to unregistered persons who were not registered in the primary election but who seek to register for the general election. 7 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION SOURCE: GC § 2059.2. Added by P.L. 12-149:6 (June 19, 1974). Codified as 3 GCA § 3106. Subsection (b) added by P.L. 21-100 (Mar. 31, 1992). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2059.3, added by P.L. 12-149:6 (June 19, 1974). Reenacted as 3 GCA § 3108 by P.L. 31-255:2 (Dec. 11, 2012). § 3108. Application Constitutes Registration. The application for an absentee ballot shall constitute a sufficient registration of the voter in the municipality, municipal division or district in which the voter resides; provided, that the application is received by the Commission prior to the closing of the registration rolls, and provided, that the provisions of § 3102 of this Title pertaining to citizenship, age and residency on Guam are complied with to the same degree as by a person registering under this Section. Such application constituting registration shall be preserved and used by the Commission in the same manner as it preserves and uses affidavits of registration. SOURCE: GC § 2059.3. Added by P.L. 12-149:7 (June 19, 1974). Codified as 3 GCA § 3107. Amended by P.L. 25-146:12 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 33-148:2 (Apr. 15, 2016) 2012 NOTE: This section was originally codified from GC § 2060, entitled “Unlawful registration as crime.” Reenacted as 3 GCA § 8203 by P.L. 31-255:2 (Dec. 11, 2012). § 3109. Appointment of Registration Clerks. The Commission shall appoint at least one (1) registration clerk for each district. SOURCE: GC § 2061. Codified as 3 GCA § 3109. Amended by P.L. 25-146:13 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3110. Qualifications of Registration Clerks; Term of Appointment. (a) The Commission may appoint any qualified elector as a district or volunteer registration clerk. The Commission shall establish by regulation the minimum qualifications for appointment as a registration clerk. The Commission, pursuant to the Administrative Adjudication Law, shall set forth a training program for registration clerks which shall include passage of a standardized examination of the applicant’s knowledge of the election laws necessary to perform the registration clerk’s duties. No person holding an 8 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION elective office or who is a candidate, or nominee for elective office, shall be appointed or serve as a registration clerk. (b) Any elector appointed as a registration clerk shall serve a limited term, which shall begin from the date of appointment until midnight on the day that is twenty-one (21) days before the next scheduled general election. The Commission shall promulgate policies and procedures to carry out the intent of this Section. The Commission may also establish other terms of appointment, consistent with the intent of this Section, for special elections, plebiscites, initiatives and any other non-general elections as they deem necessary to allow for voter registration to be conducted by duly appointed registration clerks. SOURCE: GC § 2062. Codified as 3 GCA § 3110. Amended by P.L. 18-26:2 (Dec. 31, 1985), P.L. 20-183:15 (May 30, 1990), P.L. 25-146:14 (June 12, 2000), P.L. 26090:1 (May 31, 2002). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Subsection (b) amended by P.L. 33-148:7 (Apr. 15, 2016). § 3111. Compensation of Registration Clerks. (a) Any person who is appointed as a district registration clerk shall receive compensation at a rate set by the Commission. (b) Any employee of the government of Guam who is appointed to be a district registration clerk, and who performs such duties as a part of that person’s government employment, shall not be entitled to receive the compensation authorized by this Section. (c) Volunteer registration clerks shall not be paid by the Commission. SOURCE: GC § 2063. Amended by P.L. 12-128:1 (May 17, 1974). Codified as 3 GCA § 3111. Repealed and reenacted by P.L. 21-100:1 (Mar. 31, 1992), P.L. 25146:15 (June 12, 2000), P.L. 31-255:2 (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. § 3112. Registration Clerks Empowered to Take Affidavits. All registration clerks are empowered to take affidavits of registration, and it shall be his or her duty to register the same in an appropriate book of registration furnished by the Commission. SOURCE: GC § 2064. Codified as 3 GCA § 3112. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). 9 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION § 3113. Registration Clerks Not to Charge Fees. No fees may be charged for registration or for the taking of affidavits of registration. SOURCE: GC § 2065. Codified as 3 GCA § 3113. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3114. Return of Documents by Registration Clerks. When the registration for any election is closed, all registration clerks shall, immediately thereafter, return all affidavits of registration and all books or pads in their possession containing stubs, spoiled or unused affidavit blanks to the Commission, which shall as soon thereafter as practicable, file the original and copy of each affidavit separately in securely locked cabinets according to precincts. The original affidavit of registration shall be kept, at all times, in the office of the Commission. The duplicates shall be bound in suitable book form for each precinct so that they may be utilized in conformity with the provisions of this Chapter. SOURCE: GC § 2066. Codified as 3 GCA § 3114. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 3115. Reports to Attorney General. Within five (5) days after the close of registration, the Commission shall report to the Attorney General of Guam, under oath, the name(s) of the registration clerk or clerks who have not complied with the provisions of this Title. SOURCE: GC § 2068. Codified as 3 GCA § 3116. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2067, entitled “Same: penalties for acts or omissions.” Reenacted as 3 GCA § 8408 by P.L. 31-255:2 (Dec. 11, 2012). § 3116. Action to Compel Registration. If a registration clerk refuses to register any qualified elector on Guam, the elector may appeal such refusal to the Commission, and if the Commission upholds or affirms the ruling of the registration clerk, such qualified elector may proceed by action in the Superior Court to compel his or her registration. In an action under this Section, as many persons may join as plaintiffs as there are causes of action. 10 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION SOURCE: GC § 2069. Codified as 3 GCA § 3117. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2068, entitled “Reports to Island Attorney.” Reenacted as 3 GCA § 3115 by P.L. 31-255:2 (Dec. 11, 2012). § 3117. Costs. Costs shall not be recovered against the registration clerk in any action under this Chapter, unless it is alleged in the complaint, and established in the trial, that the registration clerk knowingly and willfully violated his or her duty. SOURCE: GC § 2070 . Codified as 3 GCA § 3118. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2069, entitled “Action to compel registration.” Reenacted as 3 GCA § 3116 by P.L. 31-255:2 (Dec. 11, 2012). § 3118. Certified Copy of Registration as Evidence. Upon the personal or written application of any person, the Election Commission shall provide him or her a certified copy of the entries upon the register relating to the applicant. SOURCE: GC § 2071. Amended by P.L. 12-117:3 (Mar. 28, 1974). Codified as 3 GCA § 3119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2070, entitled “Same: costs.” Reenacted as 3 GCA § 3117 by P.L. 31-255:2 (Dec. 11, 2012). § 3119. Cancellation of Registration. Cancellation shall be made by writing in indelible ink or stamping on the affidavit of registration the word “cancelled,” the reason therefore, the signature of the cancelling official and the date of cancellation. SOURCE: GC § 2072. Codified as 3 GCA § 3120 and entitled “Cancellation and Transfer of Registration.” Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2071, entitled “Registration: certified copy as evidence.” Reenacted as 3 GCA § 3118 by P.L. 31255:2 (Dec. 11, 2012). § 3120. Permanence of Records. 11 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION The registration of a voter is permanent for all purposes during that person’s life, unless and until the affidavit of registration is cancelled by the Commission for any of the causes specified in this Chapter. SOURCE: GC § 2073. Codified as 3 GCA § 3121. Amended by P.L. 25-146:17 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2072, entitled “Same: cancellation and transfer.” Reenacted as 3 GCA § 3119 by P.L. 31-255:2 (Dec. 11, 2012). § 3121. Grounds for Cancellation of Registration. The Commission shall cancel the registration of an elector in the following cases: (a) at the request of the person registered; (b) when the mental incompetence of a person registered is legally declared; (c) upon the production of a certification from the Guam Police Department, or other local or federal government instrumentality, that the person is confined pursuant to a local or federal criminal sentence; (d) upon the death of the person registered; (e) upon the production of a certified copy of a judgment directing the cancellation; (f) if the person registered has not voted in two (2) consecutive general elections, unless such person mailed an absentee ballot that was postmarked on or before the last general election day, but was received after the tenth (10th) day after the general election; provided, however, that in the case of a runoff election, those registered to vote for the general election shall remain eligible to vote in the runoff election, regardless of whether they voted at the immediately preceding general election; or (g) upon receipt from any other election agency, domestic or foreign, that the person has registered to vote in that jurisdiction. SOURCE: GC § 2074. Codified as 3 GCA § 3122. Subsection (f) repealed and reenacted by P.L. 22-109:4 (Apr. 1, 1994). Entire section amended by P.L. 25-146:18 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Subsection (f) amended by P.L. 33-148:8 (Apr. 15, 2016). 12 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION 2012 NOTE: This section was originally codified from GC § 2073, entitled “Same: permanence.” Reenacted as 3 GCA § 3120 by P.L. 31-255:2 (Dec. 11, 2012). § 3122. Report of Deaths. No later than the fifteenth (15th) day of each month, the Director of Public Health and Social Services shall furnish the Commission with an abstract of the register of deaths for all decedents sixteen (16) years of age and over, showing the: (a) full name; (b) sex; (c) date of birth; (d) nativity/place of birth; (e) home address; and (f) month, day and year of death. SOURCE: GC § 2075. Codified as 3 GCA § 3123. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 33-012:2 (Apr. 1, 2015). 2012 NOTE: This section was originally codified from GC § 2074, entitled “Same: grounds for cancellation.” Reenacted as 3 GCA § 3121 by P.L. 31-255:2 (Dec. 11, 2012). § 3123. Cancellation of Non-Voting Registrants. (a) Within ninety (90) days of the certification of the returns of any general election or a runoff election subsequent thereto, the Commission shall cancel the registration of any person who failed to vote in the general election pursuant to § 3121(f). Prior to the cancellation of registration for any voter who has failed to vote in two (2) consecutive general elections, the Commission shall first notify by mail its intention to such voter, and publish in a newspaper of general circulation a list of individuals whose registration will be cancelled at least thirty (30) days prior to cancellation. The registration of a person shall not be considered a person who failed to vote who mailed an absentee ballot that was postmarked on or before the general election, but whose ballot was received by the Commission after the tenth (10th) day after a general election; ora person who votes in a general election, but who fails to vote in any runoff election held subsequent thereto; or a person who failed to vote in the general election, but did vote in a 13 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION runoff election held subsequent to such general election. (b) The Commission shall notify by mail each person whose registration is cancelled of that fact, and that the person is no longer eligible to vote until that person again has registered as provided in this Title. The Commission shall establish by rule a procedure for a person who believes that that person’s registration has been cancelled erroneously to challenge such cancellation. SOURCE: GC § 2076. Codified as 3 GCA § 3124. Repealed and reenacted by P.L. 25-146:19 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 33-148:9 (Apr. 15, 2016). 2012 NOTE: This section was originally codified from GC § 2075, entitled “Report of deaths.” Reenacted as 3 GCA § 3122 by P.L. 31-255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added/altered to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606. § 3124. Reports of Adjudged Incompetents. Every judge before whom proceedings are held which result in any person being declared incapable of managing or taking care of either himself or herself, or property, or both, and for whom a guardian of his or her person, or estate, or both, is accordingly appointed, or which results in his or her being declared mentally incompetent or committed to a mental facility as an incompetent person, shall file with the Commission, no later than fortyfive (45) days before any election, a certificate of that fact, and thereupon the Commission shall cancel the name of that person upon the register. SOURCE: GC § 2078. Codified as 3 GCA § 3126. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012), amended by P.L. 33-148:10 (Apr. 15, 2016). 2012 NOTE: This section was originally codified from GC § 2076, entitled “Cancellation of non-voting registrants.” Reenacted as 3 GCA § 3123 by P.L. 31255:2 (Dec. 11, 2012). § 3125. Action to Compel Cancellation. Any person may proceed by action in the Superior Court to compel the Commission to cancel any registration made illegally, or which should be cancelled by reason of facts that have occurred subsequent to the registration. If the voter whose registration is sought to be cancelled is not a party to the action, the Court may order him or her to be made a party 14 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION defendant. The Commission, and as many persons as there are causes of action against, may be joined as defendants. SOURCE: GC § 2079. Codified as 3 GCA § 3127. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2077, entitled “Same: mailing notices.” Repealed by P.L. 25-146:20 (June 12, 2000). § 3126. Preservation of Registration Affidavits. The Commission shall preserve all uncancelled affidavits of registration made for the purpose of procuring registration. The affidavits of registration shall constitute the register of voters required to be maintained by the provisions of this Title. SOURCE: GC § 2080. Codified as 3 GCA § 3128. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2078, entitled “Reports of adjudged incompetents.” Reenacted as 3 GCA § 3124 by P.L. 31-255:2 (Dec. 11, 2012). § 3127. Compilation of Registration Affidavits. Within ten (10) days after the last day of registration for any election, the Commission shall compile the original affidavits of registration for each precinct in which the election is to be held in such manner as the Commission may prescribe in the Election Manual. SOURCE: GC § 2081. Codified as 3 GCA § 3129. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012), amended by P.L. 33-148:12 (Apr. 15, 2016). 2012 NOTE: This section was originally codified from GC § 2079, entitled “Action to compel cancellation.” Reenacted as 3 GCA § 3125 by P.L. 31-255:2 (Dec. 11, 2012). § 3128. Index of Registrations. The Commission shall prepare an index of the registration of voters and provide sufficient copies thereof for use in any election. No later than July 1 of each odd-numbered year, the Commission shall distribute a copy of the index for each municipality to the mayor and vice-mayors thereof. To the extent of their ability, the mayors and vice-mayors shall notify the Commission of any discrepancies they may discover in the index. SOURCE: GC § 2082. Codified as 3 GCA § 3130. Amended by P.L. 25-146:21 (June 12, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 15 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION 2012 NOTE: This section was originally codified from GC § 2080, entitled “Registration affidavits: preservation.” Reenacted as 3 GCA § 3126 by P.L. 31-255:2 (Dec. 11, 2012). § 3129. Copies of Index to Candidates. Upon written demand of any candidate in any forthcoming election or upon written demand of a candidate’s campaign committee, the Commission shall furnish one (1) copy of the index of the registration of voters for such election, subject to a charge as may be prescribed in the Election Manual. All moneys so collected shall be deposited in the Treasury of the government of Guam. SOURCE: GC § 2083. Codified as 3 GCA § 3131. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2081, entitled “Same: compilation.” Reenacted as 3 GCA § 3127 by P.L. 31-255:2 (Dec. 11, 2012). § 3130. Original Roster of Electors. On the day of any election, the Commission shall maintain in its office, or at the Election Return Center in an easily accessible and organized form, the original affidavits of registration with supporting documentation to assist it in disposing of any challenges or questions that may occur during the election. SOURCE: Added by P.L. 25-146:22 (June 12, 2000) as 3 GCA § 3133. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2084, entitled “Delivery of books of duplicate affidavits of registration to precinct Comissions.” Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 3131. Public Notice of All New Voters on GEC Website. Except during the ninety (90) days prior to a General Election, the Election Commission shall publish, separate from other listings on its website, the names of all new voters registered during each previous thirty (30) days. These monthly listings shall be provided as an update, and both prior and new monthly listings shall be made available until a succeeding General Election. During the ninety (90) days prior to each General Election, the Commission shall publish the names of all new voters registered during each previous ten (10) days. SOURCE: Added by P.L. 33-011:10 (Apr. 1, 2015). 16 COL222017 3 GCA ELECTIONS CH. 3 VOTER REGISTRATION ---------- 17 COL222017
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