Chapter 10

3 GCA ELECTIONS CH. 10 ABSENT VOTING 1CHAPTER 10 ABSENT VOTING NOTE : Unless otherwise noted, all sections within this chapter were included in the original Government Code of Guam en acted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted b y P.L. 7-164 (Aug. 28, 1964). During the Fifteenth Guam Legislat ure, the Compiler announced that Title 3 - Elections had bee n added to the new, permanent Guam Code Annotated. See 4 Guam Sess. L. Introduction (Mar. 1981). § 10101. Conditions Upon the Right to Vote. § 10102. Application for Ballot. § 10103. Application Form for Absentee Ballot. § 10104. Absent Voting – Federal Requirements. § 10105. Penalty Clause Added. § 10106. Applicant Outside of Guam. § 10107. Early In-Office Absentee Voting. § 10107.1 Homebound Voting. § 10108. Form of Absentee Ballot. § 10109. Furnishing of Envelopes and Affidavit With Ballot. § 10110. Voter’s Affidavit on Envelope. § 10111. Marking Ballot. § 10112. Taking and Subscribing Oath. § 10113. Officers Before Whom Voter May Appear. § 10114. Mailing or Delivering Ballot(s). § 10115. Disposition of Ballot by Commission. § 10116. Ballots Rejected by the Commission. § 10117. Casting Ballots. § 10118.

s Before Whom Voter May Appear. § 10114. Mailing or Delivering Ballot(s). § 10115. Disposition of Ballot by Commission. § 10116. Ballots Rejected by the Commission. § 10117. Casting Ballots. § 10118. Causes for Rejecting Ballots. § 10119. Rejected Ballots. § 10120. Addition to Registration Index. § 10121. Challenges. § 10122. Ballot of Deceased Voter. § 10123. Penalty for False Affidavit. § 10101. Conditions Upon the Right to Vote. Any qualified voter of Guam may, as provided in th is Chapter and subject to the conditions of this Secti on, vote in any election by absentee ballot if he or she will be pr evented from personally going to the polls and voting on electio n day because COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 2of: (a) the conduct of his or her business or necessary travel; (b) illness or physical disability; (c) service in the Armed Forces or Merchant Marine of the United States; (d) employment with the government of Guam; (e) attendance at an institution of learning; (f) employment in the service of the United States or any federal agency; or (g) accompanying a spouse who is engaged in any activity listed herein. SOURCE: GC § 2451.

at an institution of learning; (f) employment in the service of the United States or any federal agency; or (g) accompanying a spouse who is engaged in any activity listed herein. SOURCE: GC § 2451. Repealed and reenacted by P.L. 12-117:1 1 (Mar. 28, 1974). Codified as 3 GCA § 10101. Repealed a nd reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10102. Application for Ballot. (a) Except as provided herein under Subsection (b), any voter, under any of the circumstances specified in § 10101 may, not less than three (3) days, or, if application is made in person, not later than during the regular office hours of t he day prior to any election, make application to the Commission fo r an official ballot to be voted at such election. Any such appli cation shall be made in writing on a form furnished by the Commissi on. (b) A person classified under § 10101(b) may reques t an application for absentee ballot, and the absentee b allot, by telephone any time prior to the closing of the poll s on election day. (c) An application submitted for the primary electi on shall be considered an application for the subsequent genera l election. SOURCE: GC § 2452. Codified as 3 GCA §10102.

he poll s on election day. (c) An application submitted for the primary electi on shall be considered an application for the subsequent genera l election. SOURCE: GC § 2452. Codified as 3 GCA §10102. Amended by P .L. 18-041:5 (Aug. 8, 1986). Subsection (c) added by P .L. 21-100:7 (Mar. 31, 1992). Subsection (a) amended by P.L. 22-109:6 (Ap r. 1, 1994). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10103. Application Form for Absentee Ballot. (a) Application for an absentee ballot shall be mad e substantially in the following form: COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 3'APPLICATION FOR ABSENTEE BALLOT TO BE VOTED AT THE ELECTION ON GUAM ON THE _________________ DAY OF ________, 20_____ District or Municipality __________________. I, (Print or type full name) ____________________________, do solemnly swear tha t I am a resident of Guam and of the district or muni cipality of ___________________________, and that I am a dul y qualified elector entitled to vote at said election ; that I am not voting in any other jurisdiction; that I unders tand the prohibitions against and the penalty for voting in any election of Guam if I vote in another U.S.

led to vote at said election ; that I am not voting in any other jurisdiction; that I unders tand the prohibitions against and the penalty for voting in any election of Guam if I vote in another U.S. jurisdic tion; that my occupation is _________; and that on account of ____________________, I cannot be at the polls on election day; I hereby make application for an offi cial ballot to be voted by me at such election, and that I will return said ballot to the office of the Guam Election Commissio n before the time of the closing of the polls on elec tion day. SIGNED _______________________________ DATED this ______ day of ________, 20______. (Permanent Mailing Address) Full Name: _______________________________ Address: _______________________________ _______________________________ Date of Birth: _______________________________ (Present Mailing Address) Full Name: _______________________________ Address: _______________________________ COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 4Date of Birth: _______________________________ Subscribed and sworn to before me this ____ day of ______, 20___.

ss: _______________________________ COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 4Date of Birth: _______________________________ Subscribed and sworn to before me this ____ day of ______, 20___. _______________________________________ Print or Type Full Name ___________________________________ Signature __________________________ Title or Rank Mailing Address _______________________ _______________________ _______________________' (b) Any application from elsewhere other than Guam shall be fully completed and documented in accordance with E lection Commission regulations that applicant is entitled t o vote under the provisions of this Chapter. (c) Any applicant who fails to complete and documen t his or her application for a ballot in accordance with Com mission regulations shall be denied a ballot, and his or he r name will be stricken from the register of qualified voters in a ccordance with Chapter 3 of this Title. SOURCE: GC § 2453. Repealed and reenacted by P.L. 12-149:2 0 (June 19, 1974). Codified as 3 GCA § 10103. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10104. Absent Voting -Federal Requirements. (a) Armed Forces or absentee application.

2-149:2 0 (June 19, 1974). Codified as 3 GCA § 10103. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10104. Absent Voting -Federal Requirements. (a) Armed Forces or absentee application. A voter w ho (1) is eligible for an absentee ballot; (2) wants to execu te an affidavit or form for voter registration; and (3) is absent from Guam or is an active member of the Armed Forces of the United Sta tes, including National Guard or Reserve Units, or an ov erseas voter as defined by the Federal Uniformed and Overseas Ci tizens COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 5Absentee Voting Act, is not required to sign the af fidavit or form in the presence of a person authorized to administe r an oath, and the affidavit or form need not be signed by such an oath administrator. The Commission shall inform the vote r that no signature other than that of the voter is required on the affidavit or form and that a voter who makes a false statement o n the affidavit or form is subject to the penalties of perjury. (b) Federal postcard application. In lieu of the ap plication form prescribed in this Title, any person serving i n the U.S.

tatement o n the affidavit or form is subject to the penalties of perjury. (b) Federal postcard application. In lieu of the ap plication form prescribed in this Title, any person serving i n the U.S. Armed Forces or the United States Merchant Marine, or who is a spouse or dependent of such a person, and any person who t emporarily resides outside the territorial limits of the Unite d States and its territories, may apply for registration and enrollm ent on the Federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (100 Stat. 924; 42 U.S.C. 1973 F.F. et seq., as amended) or an y other applicable law. The failure of an applicant to take the elector’s oath on such Federal postcard application shall not invalidate such application. SOURCE: GC § 2453(a), entitled ' Substantial compliance—Armed Forces application .' Codified as 3 GCA § 10104. Repealed and reenac ted by P.L. 22-109:7 (Apr. 1, 1994). Amended by P.L. 25 -146:44 (May 27, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec . 11, 2012). § 10105. Penalty Clause Added. Immediately below the form prescribed by § 10103, t here shall be printed in full § 10124 of this

y 27, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec . 11, 2012). § 10105. Penalty Clause Added. Immediately below the form prescribed by § 10103, t here shall be printed in full § 10124 of this Chapter, a nd § 8306 of Chapter 8. SOURCE: GC § 2454. Codified as 3 GCA §10105. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10106. Applicant Outside of Guam. When the Commission is requested to mail an absent voter’s ballot to an elector, and the address to which said ballot is to be mailed is a point outside of Guam, the Commission s hall mail the absent voter’s ballot to the elector by airmail as soon as the request is received, provided that the ballots are printed, and, if by any law of the United States official election ballots may be mailed without the payment of postage, it shall so comply. COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 6Absentee ballots shall be mailed or transmitted by email to absentee voters in the manner requested, within for ty-eight (48) hours of request or within forty-eight (48) hours, except Sundays, of certification of the ballots, whichever is later . SOURCE: GC § 2455. Codified as 3 GCA § 10106. Repealed an d reenacted by P.L.

hours of request or within forty-eight (48) hours, except Sundays, of certification of the ballots, whichever is later . SOURCE: GC § 2455. Codified as 3 GCA § 10106. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10107. Early In-Office Absentee Voting. Notwithstanding the conditions prescribed in § 1010 1 of this Chapter, the Commission shall deliver a ballot to a ny qualified voter applying in person at the office of said Comm ission; provided, however, that such applicant shall comple te and subscribe the application and affidavit heretofore prescribed in this Section; provided further, that said applicati on shall be made not more than thirty (30) days nor less than five ( 5) days before the date of the election for which the vote is bein g cast. It is provided further, that said ballot shall be immedia tely marked, enclosed in the ballot envelope, placed in the retu rn envelope with the proper affidavit enclosed, and immediately retu rned to the Commission. (a) The Early In-Office Absentee Voting applicatio n shall contain all of the following: (1) voter’s full name, date, and mailing address; (2) one (1) of the following identifiers: (A) the Guam driver’s

The Early In-Office Absentee Voting applicatio n shall contain all of the following: (1) voter’s full name, date, and mailing address; (2) one (1) of the following identifiers: (A) 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 (B) the last four (4) digits of the applicant’s social security number; (3) a declaration, under penalty of perjury, stati ng that the voter resides within the district in which he or she is voting, that he or she is a duly qualified e lector entitled to vote at the said election; that he or s he is not voting in any other jurisdiction; that he or she understands the prohibitions against and the penalt y for COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 7voting in any election of Guam if he or she votes i n another U.S. jurisdiction; and (4) the signature of the voter and date of signing . (b) The Early In-Office Absentee Voting Affidavit Envelope shall contain all of the following: (1) voter’s full name, district, date of birth, pl ace of birth, and method by which U.S.

e of signing . (b) The Early In-Office Absentee Voting Affidavit Envelope shall contain all of the following: (1) voter’s full name, district, date of birth, pl ace of birth, and method by which U.S. citizenship was attained; and (2) a declaration, under penalty of perjury, stati ng that the information provided relating to his or he r qualifications for registration and voting are true ; that he or she is a duly qualified elector entitled to vote at said election; that he or she is not voting in any other jurisdiction; that he or she understands the prohib itions against and the penalty for voting in any election of Guam if he or she votes in another U.S. jurisdictio n; that he or she understands that voting twice constitutes a crime; and (3) the following witness certification, 'Subscribed and sworn to before me this____ day of _______, 20____, and I hereby certify that the affi ant exhibited the enclosed ballot to me unmarked; that the affiant then, in my presence and of no other person , and in such manner that I could not see his or her vote , mark such ballot and enclosed and sealed the same in thi s envelope; and that the affiant was not solicited or advised by me for or

person , and in such manner that I could not see his or her vote , mark such ballot and enclosed and sealed the same in thi s envelope; and that the affiant was not solicited or advised by me for or against any candidate or measu re,' which shall be executed by an election official appointed or designated by the Commission. SOURCE: GC § 2456. Amended by P.L. 11-209:14 (Dec. 22, 1972 ). Codified as 3 GCA § 10107. Amended by P.L. 18-041: 4 (Aug. 8, 1986). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2 012). Amended and renamed by P.L. 36-041:1 (July 20, 2021). 2021 NOTE: Prior to being amended and renamed by P.L. 36-041: 1 (July 20, 2021), this provision read as follows: § 10107. Personal Delivery of Ballot. The Commission shall deliver a ballot to any qualif ied elector applying in person COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 8at the office of said Commission; provided, however , that such applicant shall complete and subscribe the application heretofore p rescribed by this Chapter; provided further, that said application shall be ma de not more than thirty (30) days nor less than one (1) day before the date of t he election for which the vote is being cast.

bed by this Chapter; provided further, that said application shall be ma de not more than thirty (30) days nor less than one (1) day before the date of t he election for which the vote is being cast. It is provided further, that said ba llot shall be immediately marked, enclosed in the ballot envelope, placed in the retu rn envelope with the proper affidavit enclosed, and immediately returned to the Commission. § 10107.1. Homebound Voting. The Commission shall deliver a ballot to any qualif ied elector classified under § 10101(b) of this Chapter applyin g in person or by telephone; provided, however, that such applican t shall complete and subscribe the application heretofore p rescribed in § 10103 of this Chapter; provided further, that said application shall be made not more than thirty (30) days before the e lection for which the vote is being cast. It is provided furthe r, that said ballot shall be immediately marked, enclosed in the ballot envelope, placed in the affidavit envelope, and immediately r eturned to the Commission. SOURCE: Added by P.L. 36-041:2 (July 20, 2021). § 10108. Form of Absentee Ballot.

rked, enclosed in the ballot envelope, placed in the affidavit envelope, and immediately r eturned to the Commission. SOURCE: Added by P.L. 36-041:2 (July 20, 2021). § 10108. Form of Absentee Ballot. The absentee ballot may, but need not be, in the sa me form as the regular ballot used in the election. For off -island absentee voters, uniformed and overseas citizens voting abse ntee, the Commission shall inform such absentee voters of the option to request to receive an absentee ballot electronicall y by email transmission and provide electronic mail and cost-f ree telephonic contact information to such voters so that those vo ters may make the request to the Guam Election Commission. Absentee ballots shall be mailed or transmitted by email to absentee voters in the manner requested, within for ty-eight (48) hours of request or within forty-eight (48) hours, except Sundays, of certification of the ballots, whichever is later . SOURCE: GC § 2456(a), added by P.L. 11-209:13 (Dec. 22, 197 2). Codified as 3 GCA § 10108. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10109. Furnishing of Envelopes and Affidavit With Ballot.

GC § 2456(a), added by P.L. 11-209:13 (Dec. 22, 197 2). Codified as 3 GCA § 10108. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10109. Furnishing of Envelopes and Affidavit With Ballot. It shall be the duty of the Commission to furnish t he absentee COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 9voter with a blank ballot in an unmarked ballot env elope. Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, the Commissi on shall also furnish the absentee voter with a voter’s affi davit and an unsealed return envelope, bearing upon its face the following: 'Guam Election Commission Government of Guam P.O. Box BG Hagåtña, Guam 96932' On the reverse side of the return envelope shall be printed the voter’s full name and the municipality in which the absentee voter is a resident. SOURCE: GC § 2457. Repealed and reenacted by P.L. 11-209:1 5 (Dec. 22, 1972). Codified as 3 GCA § 10109. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10110. Voter’s Affidavit on Envelope. On the reverse side of the envelope prescribed in § 10109 shall be printed a blank form of an affidavit in su bstantially the following

-255:2 (Dec. 11, 2012). § 10110. Voter’s Affidavit on Envelope. On the reverse side of the envelope prescribed in § 10109 shall be printed a blank form of an affidavit in su bstantially the following form: 'AFFIDAVIT District or Municipality of___________________________, Guam I, __________________________, do solemnly swear that the (Print or type full name) following matters relating to my qualifications for registration and voting are true: Place of Residence: ___________________ (municipali ty, municipal, division or district), Guam. Date of Birth: __________________________ (Month/Day/Year) Place of Birth: __________________________ Method of which United States citizenship was attai ned: COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 10 Qualified voter: __________ (yes or no) That I am not confined to a mental institution or judicially declared incompetent; that I am not serv ing a criminal sentence; that I am not voting in any othe r U.S. jurisdiction; that I am in the business/work of _____________________; and that I shall be absent f rom the polls on the day of election on account of ______________.

am not voting in any othe r U.S. jurisdiction; that I am in the business/work of _____________________; and that I shall be absent f rom the polls on the day of election on account of ______________. ________________________ Signature Subscribed and sworn to before me this ____ day of ______, 20___, and I hereby certify that the affian t exhibited the enclosed ballot to me unmarked; that the affiant then in my presence and of no other person, and in such manner that I could not see his vote, mark suc h ballot and enclosed and sealed same in this envelope; and that the affiant was not solicited or advised by me for or a gainst any candidate or measure. _________________________ Print or type full name _________________________ Signature _________________________ Title or Rank' SOURCE: GC § 2458. Amended by P.L. 11-209:16 (Dec. 22, 197 2); P.L. 12-149:21 (June 19, 1974). Codified as 3 GCA § 101 10. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10111. Marking Ballot. Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act , the voter, on receipt of said ballot, shall, in the presence o f the officer administering the

or a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act , the voter, on receipt of said ballot, shall, in the presence o f the officer administering the oath and of no other person, mark such ballot or set of ballots, but in such manner that said office r would not see or know how said ballot is marked. COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 11 SOURCE: GC § 2459. Codified as 3 GCA § 10111. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10112. Taking and Subscribing Oath. Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act , after marking said ballot the voter shall, before said of ficer, mark and subscribe to the voter’s affidavit, and, in the pre sence of said officer, place said ballot in the ballot envelope s o as to conceal the marks thereon and deposit the same along with the a ffidavit in the return envelope which shall then be securely sealed . SOURCE: GC § 2460. Repealed and reenacted by P.L. 11-209:1 7 (Dec. 22, 1972). Codified as 3 GCA § 10112. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10113.

l then be securely sealed . SOURCE: GC § 2460. Repealed and reenacted by P.L. 11-209:1 7 (Dec. 22, 1972). Codified as 3 GCA § 10112. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10113. Officers Before Whom Voter May Appear. Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act , at any time on or before the day of an election an absente e voter may appear before the Commission, or any person appoint ed or designated by the Commission may go to any voter on Guam if he or she is incapacitated, or any Notary Public or an y officer of Guam, or before any Notary Public or any officer of any state, territory or municipality within the United States or in the District of Columbia, at the time of receiving his or her ba llot to mark and secure his or her ballot. SOURCE: GC § 2461. Amended by P.L. 12-149:22 (June 19, 1974 ); P.L 12-166:1 (Sept. 9, 1974). Codified as 3 GCA § 1011 3. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 10114. Mailing or Delivering Ballot(s). The sealed returned envelope containing the ballot or set of ballots may be delivered to the Commission at its m ain office or its postal

:2 (Dec. 11, 2012). § 10114. Mailing or Delivering Ballot(s). The sealed returned envelope containing the ballot or set of ballots may be delivered to the Commission at its m ain office or its postal address at any time prior to the closing of the polls, and within ten (10) days after any election and by 5:00 p.m. on the tenth (10th) day after any election. SOURCE: GC § 2463. Repealed and reenacted by P.L. 12-149:23 (June 19, 1974). Codified as 3 GCA § 10115. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 12 2012 NOTE: This section was originally codified from GC § 2462, entitled 'Officers or Persons Before Whom a Member of the Ar med Forces May Mark His Ballot.' Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 10115. Disposition of Ballot by Commission. The returned envelope containing the ballot or set of ballots and affidavit, together with the voter’s applicatio n, shall be delivered by the Commission on election day to the precinct board or member thereof of the precinct in which the vote r is qualified to vote.

fidavit, together with the voter’s applicatio n, shall be delivered by the Commission on election day to the precinct board or member thereof of the precinct in which the vote r is qualified to vote. The Commission staff shall ensure that the affidavit fully meets the criteria for absent voting prior to deliv ery to the precincts. The member of the precinct board receivi ng such ballot and application shall acknowledge to the Commission receipt thereof in writing. SOURCE: GC § 2464. Amended by P.L. 11-209:19 (Dec. 22, 197 2). Codified as 3 GCA § 10116. Repealed and reenacted t o this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2463, entitled 'Mailing or delivering of ballot .' Reenacted as 3 GCA § 10114 by P.L. 31-255:2 (Dec. 11, 2012). § 10116. Ballots Rejected by the Commission. All ballots forwarded to absent voters and not phys ically received by the Commission at its main office prior to the closing of the polls, or within ten (10) days after any oth er election day or by 5:00 p.m. on the tenth (10th) day after any elec tion shall be rejected. SOURCE: GC § 2466. Repealed and reenacted by P.L. 12-149:2 4 (June 19, 1974).

en (10) days after any oth er election day or by 5:00 p.m. on the tenth (10th) day after any elec tion shall be rejected. SOURCE: GC § 2466. Repealed and reenacted by P.L. 12-149:2 4 (June 19, 1974). Codified as 3 GCA § 10118. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2464, entitled 'Disposition of ballot by Commission ,' which was reenacted as 3 GCA § 10115 by P.L. 31-255:2 (Dec. 11, 2012). § 10117. Casting Ballots. At any time between the opening and closing of the polls on election day, the precinct board shall announce the absent voter’s name, and compare the signature between that shown upon the application and the signature upon the affidavit. T he precinct board shall determine if the affidavit is sufficien tly executed, that the signatures correspond, that the applicant is a duly qualified COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 13 elector of the precinct, and that the applicant has not voted in person at such election, and open the outer or carr ier envelope and the return envelope. The board shall then deposit t he unopened ballot envelope in the ballot box.

the applicant has not voted in person at such election, and open the outer or carr ier envelope and the return envelope. The board shall then deposit t he unopened ballot envelope in the ballot box. Upon depositing the unopened ballot envelope in the ballot box, the board shall indicate on the signature roster next to the voter’s name that such voter has voted absentee. SOURCE: GC § 2467. Amended by P.L 11-209:20 (Dec. 22, 1972 ). Codified as 3 GCA § 10119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012) 2012 NOTE: This section was codified from GC § 2465, entitled 'Mannerof Preserving Ballot and Application. ' Repealed by P.L. 31- 255:2 (Dec. 11, 2012). § 10118. Causes for Rejecting Ballots. In the event the affidavit is found to be insuffici ent, or the signature on the affidavit and the application do n ot correspond, or the applicant is not a duly qualified elector in such precinct, or the ballot envelope or return envelope is open or h as been opened and resealed, or the return envelope contains more than one (1) ballot envelope with ballots enclosed, or that said voter has voted in person, such ballot shall not be accepted or dep osited in the ballot

esealed, or the return envelope contains more than one (1) ballot envelope with ballots enclosed, or that said voter has voted in person, such ballot shall not be accepted or dep osited in the ballot box. SOURCE: GC § 2468. Amended by P.L. 11-209:21 (Dec. 22, 197 2). Codified as 3 GCA § 10120. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2466, entitled 'Ballots rejected by Commission .' Reenacted as 3 GCA § 10116 by P.L. 31-255:2 (Dec. 11, 2012). § 10119. Rejected Ballots. Every ballot not accepted shall be endorsed on the back of the ballot envelope 'Rejected because ____________ (giving reason therefore).' All such rejected ballots shall be enclosed and securely sealed in an envelope on which the precinc t board members shall endorse 'Defective Ballots,' with a s tatement of the precinct in which, and the date of the election at which, the ballots were cast. Said envelope shall be signed by the members of the precinct board and returned to the Commissio n at the Election Return Center after the polls close. COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 14 SOURCE: GC § 2469. Amended by P.L.

bers of the precinct board and returned to the Commissio n at the Election Return Center after the polls close. COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 14 SOURCE: GC § 2469. Amended by P.L. 11-209:22 (Dec. 22, 197 2). Codified as 3 GCA § 10121. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2467, entitled 'Casting ballots .' Reenacted as 3 GCA § 10117 by P.L. 31-255:2 (Dec. 11, 2012). § 10120. Addition to Registration Index. The precinct board shall, when the absentee ballot envelope is deposited in the ballot box, enter the absentee voter’s name on the registration index if not already shown on the roster. SOURCE: GC § 2472. Codified as 3 GCA § 10123. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was originally codified from GC § 2468, entitled 'Causes for rejecting ballots .' Reenacted as 3 GCA § 10118 by P.L. 31-255:2 (Dec. 11, 2012). § 10121. Challenges. The vote of any absent voter may be challenged for cause, and the precinct board shall determine, in accordan ce with the provisions of this Title, the legality of such ball ot.

§ 10121. Challenges. The vote of any absent voter may be challenged for cause, and the precinct board shall determine, in accordan ce with the provisions of this Title, the legality of such ball ot. SOURCE: GC § 2474. Codified as 3 GCA § 10124. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was originally codified from GC § 2469, entitled 'Rejected ballots .' Reenacted as 3 GCA § 10119 by P.L. 31-255:2 (Dec. 11, 2012). § 10122. Ballot of Deceased Voter. When it shall be made to appear by due proof to the precinct board that any absent voter who has submitted his o r her ballot in accordance with the provisions of this Chapter has died before the ballot is deposited in the ballot box, the ballot e nvelope of such deceased voter shall be endorsed, 'Rejected: Voter Deceased' and shall be returned unopened with the ballot encl osed by the precinct board to the Commission. The casting of a ballot of a deceased voter shall not invalidate the election. SOURCE: GC § 2475. Amended by P.L. 11-209:36 (Dec. 22, 197 2). Codified as 3 GCA § 10125. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

r shall not invalidate the election. SOURCE: GC § 2475. Amended by P.L. 11-209:36 (Dec. 22, 197 2). Codified as 3 GCA § 10125. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2470, COL10/29/20213 GCA ELECTIONS CH. 10 ABSENT VOTING 15 entitled ' Return of envelopes with rejected ballot.' Repealed by P.L. 31- 255:2 (Dec. 11, 2012). § 10123. Penalty for False Affidavit. Any person who willfully swears falsely to any affi davit prescribed in this Chapter shall be punishable in a ccordance with the provisions of Chapter 8 of this Title. SOURCE: GC § 2476. Amended by P.L. 13-187:45 (Sept. 2, 197 6). Codified as 3 GCA § 10126. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2472, entitled 'Addition to registration index .' Reenacted as 3 GCA § 10120 by P.L. 31-255:2 (Dec. 11, 2012). ---------- COL10/29/2021