Chapter 12

3 GCA ELECTIONS CH. 12 ELECTION CONTESTS 1CHAPTER 12 ELECTION CONTESTS 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within this chapter were included in the original Government Code of Guam enacted by P.L . 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964).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). § 12101. Contestant and Defendant Defined. § 12102. Causes for Contest. § 12103. Irregularity or Misconduct Not Affecting R esult. § 12104. Where Illegal Votes Not Necessary to Major ity. § 12105. Complaint by Contestant. § 12106. Same: Verification. § 12107. Allegation of Illegal Votes. § 12108. Technical Errors in Allegations Disregarde d. § 12109. Special Session. § 12110. Citation to Defendant. § 12111. Subpoena and Attachment. § 12112. Trial. § 12113. Recount at Trial. § 12114. Applicable Rules of Law and Evidence. § 12115. Findings and Conclusions: Judgment. § 12116. Declaration of Election by Court. § 12117. Certificate of Election. § 12118. Annulment of Prior Certificate. § 12119.

Rules of Law and Evidence. § 12115. Findings and Conclusions: Judgment. § 12116. Declaration of Election by Court. § 12117. Certificate of Election. § 12118. Annulment of Prior Certificate. § 12119. Costs of Contest Proceedings. § 12120. Apportionment of Costs of Contest. § 12121. Appeal From Judgment. § 12122. Effect of Judgment Setting Aside Election. § 12123. Determination of Tie. § 12101. Contestant and Defendant Defined. When used in this Chapter, contestant means any pe rson initiating an election contest. Defendant means that person whose election or qualification is contested or those persons receivi ng an equal or higher number of votes, other than the contestant, when th e body canvassing the 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 2returns declares that no one (1) person has receive d the highest number of votes for the contested office. SOURCE: GC § 2600. Codified as 3 GCA § 12101. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12102. Causes for Contest. Any voter of Guam in a general election, or of a mu nicipality or precinct in a municipal election, may contest any e lection held therein for any of the following causes: (a) that the person who

st. Any voter of Guam in a general election, or of a mu nicipality or precinct in a municipal election, may contest any e lection held therein for any of the following causes: (a) that the person who has been declared elected t o an office other than as a Member of I Liheslaturan Guåhan (the Guam Legislature) was not, at the time of the election, eligible to t hat office; (b) that the precinct board or any member thereof w as guilty of misconduct; (c) that the defendant has given to any elector or precinct board member of the election, any bribe or reward or has offered any bribe or reward for the purpose of procuring his or her elec tion, or has committed any other offense against the elective fr anchise of Guam; (d) that illegal votes were cast; (e) that the precinct board, in conducting the elec tion or in counting the ballots, made errors sufficient to cha nge the results of the election as to any person who has been declared ele cted; or (f) that the Election Commission, in conducting the election or in canvassing the ballots, made errors sufficient to c hange the results of the election as to any person who has been declared elected. SOURCE: GC § 2601. Amended by P.L.

conducting the election or in canvassing the ballots, made errors sufficient to c hange the results of the election as to any person who has been declared elected. SOURCE: GC § 2601. Amended by P.L. 11-209:28 (Dec. 22, 197 2). Codified as 3 GCA § 12102. Repealed and reenacted by P.L. 31-255 :2 (Dec. 11, 2012). § 12103. Irregularity or Misconduct Not Affecting R esult. No irregularity or improper conduct in the proceedi ngs of any precinct board shall void an election result unless such irr egularity or misconduct resulted in a defendant being declared either elect ed or tied for election. SOURCE: GC § 2602. Codified as 3 GCA § 12103. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 3§ 12104. Where Illegal Votes Not Necessary to Major ity. An election shall not be set aside on account of il legal votes unless the Commission determines that such number of illegal v otes has been given to the person whose right to the office is contested o r who has been certified as having tied for first place, which, if taken from t he candidate, would reduce the number of his or her legal votes to below the n umber of votes given to

e is contested o r who has been certified as having tied for first place, which, if taken from t he candidate, would reduce the number of his or her legal votes to below the n umber of votes given to another person for the same office. SOURCE: GC § 2603. Codified as 3 GCA § 12104. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12105. Complaint by Contestant. When a voter contests any election, he or she shall file with the Superior Court of Guam a written complaint, setting forth specifically: (a) the name of the contestant, and that he or she is a registered voter of a municipality or precinct of Guam, as the case may be, in which the contested election was held; (b) the name of the defendant; (c) the office; (d) the particular grounds of the contest; and (e) whether a demand for jury trial is requested. SOURCE: GC § 2604. Codified as 3 GCA § 12105. Subsection (e) added by P.L. 25-146:70 (May 27, 2000). Repealed and reenacted b y P.L. 31-255:2 (Dec. 11, 2012). § 12106. Same: Verification. The contestant shall verify the statement of contes t and shall file it in the Superior Court of Guam within fifteen (15) days after the declaration of the result of the election by

me: Verification. The contestant shall verify the statement of contes t and shall file it in the Superior Court of Guam within fifteen (15) days after the declaration of the result of the election by the body canvassing t he returns thereof. SOURCE: GC § 2605. Codified as 3 GCA § 12106. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12107. Allegation of Illegal Votes. When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that in one (1) or mo re specific voting precinct votes were given to the defendant, which, if taken from him or her would reduce the number of his or her legal votes below t he number of legal votes given to some other person for the same office. 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 4The Superior Court of Guam shall cause to be delive red to the defendant a copy of the complaint filed by the cont estant. SOURCE: GC § 2606. Codified as 3 GCA § 12107. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12108. Technical Errors in Allegations Disregarde d. A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court for want of form , if the

ec. 11, 2012). § 12108. Technical Errors in Allegations Disregarde d. A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court for want of form , if the grounds of contest are alleged with such certainty as will adv ise the defendant of the particular ground or cause for which the election i s contested. SOURCE: GC § 2607. Codified as 3 GCA § 12108. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12109. Special Session. Within five (5) days after the end of time allowed for filing statements of contest, the Superior Court of Guam shall thereu pon order a special session to be held on some day to be declared by th e Court, not less than ten (10) or more than twenty (20) days from the date of its order. SOURCE: GC § 2608. Codified as 3 GCA § 12109. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12110. Citation to Defendant. The Clerk of the Court shall thereupon issue a cita tion for the defendant to appear at the time and place specified in the or der, which citation shall be delivered and served upon the parties at least five (5) days before the time so specified, either: (a) personally; or (b) if the party

time and place specified in the or der, which citation shall be delivered and served upon the parties at least five (5) days before the time so specified, either: (a) personally; or (b) if the party cannot be found, by leaving a copy at the home address where he or she last resided. SOURCE: GC § 2609. Codified as 3 GCA § 12110. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12111. Subpoena and Attachment. The Clerk of the Court shall issue subpoenas for wi tnesses at the request of any party, which shall be served as are other subpoenas. The Superior Court may issue body attachments to compel the attendance of witnesses who have been subpoenaed to attend the Co urt. 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 5SOURCE: GC § 2610. Codified as 3 GCA § 12111. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12112. Trial. The Superior Court of Guam shall meet at the time a nd place designated, to determine the contested election, an d shall have all the powers necessary to the determination thereof. It may adjo urn from day to day until the trial is ended, and may also continue the trial , before its commencement, for any time not exceeding twenty (20)

ers necessary to the determination thereof. It may adjo urn from day to day until the trial is ended, and may also continue the trial , before its commencement, for any time not exceeding twenty (20) days, for go od cause shown by any party upon affidavit, unless the Court otherwise fi nds just cause to provide for additional time frames. Either party shall have the right to request for a jury trial of six (6) jurors either in the complain t or at their first appearance. SOURCE: GC § 2611. Codified as 3 GCA § 12112. Amended by P.L. 25-146:71 (May 27, 2000). Repealed and reenacted by P.L. 31- 255:2 (Dec. 11, 2012). § 12113. Recount at Trial. At the trial the ballots shall be opened and a reco unt taken, in the presence of all parties, of the votes cast for the various candidates in all contests where it appears from the statements filed that a recount is necessary for the proper determination of the contest. The Superior Court may, where two (2) or more state ments of contest are filed requiring a recount, join together the ac tions of the contestant for the purpose of recounting the votes. SOURCE: GC § 2612. Codified as 3 GCA § 12113. Repealed an d reenacted by P.L. 31-255:2 (Dec.

requiring a recount, join together the ac tions of the contestant for the purpose of recounting the votes. SOURCE: GC § 2612. Codified as 3 GCA § 12113. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12114. Applicable Rules of Law and Evidence. In the trial and determination of election contests , the Court shall be governed by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may b e applicable. It may dismiss the proceedings if the statement of the cau se of the contest is insufficient, or for want of prosecution. The Guam Election Commission is authorized to void any already certified election results if it determines through its own investigation the need to certify anew upon recount, retabulation, or following an investigation of an election. SOURCE: GC § 2613. Codified as 3 GCA § 12114. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 6§ 12115. Findings and Conclusions: Judgment. The Court shall continue in special session to hear and determine all issues arising in contested elections.

20133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 6§ 12115. Findings and Conclusions: Judgment. The Court shall continue in special session to hear and determine all issues arising in contested elections. After hearin g the proofs and allegations of the parties, and within ten (10) days after the submission thereof, the Superior Court shall file its findings of fact and conclusions of law, and immediately thereafter shall announce judgment in t he case, either confirming or annulling and setting aside the elect ion. The judgment shall be entered immediately thereafter. SOURCE: GC § 2614. Codified as 3 GCA § 12115. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12116. Declaration of Election by Court. If in any election contest it appears that another person than the defendant has the highest number of legal votes, th e Court shall declare that person elected. SOURCE: GC § 2615. Codified as 3 GCA § 12116. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12117. Certificate of Election. The person declared elected by the Superior Court i s entitled to a certificate of election.

3 GCA § 12116. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12117. Certificate of Election. The person declared elected by the Superior Court i s entitled to a certificate of election. If a certificate has not a lready been issued to him or her, the Commission shall immediately prepare and d eliver to that person a certificate of election signed by the Court and aut henticated with the seal of the Superior Court. SOURCE: GC § 2616. Codified as 3 GCA § 12117. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12118. Annulment of Prior Certificate. If the Commission has issued any certificate for th e same office to any other person than the one declared elected by the C ourt, such certificate shall become annulled by the judgment of the Court. SOURCE: GC § 2617. Codified as 3 GCA § 12118. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12119. Costs of Contest Proceedings. If the proceedings under this Chapter are dismissed for insufficiency of evidence to support any of the bases for the claims , or for want of prosecution, or the election is confirmed by the Co urt without any claims 073120133 GCA ELECTIONS CH.

missed for insufficiency of evidence to support any of the bases for the claims , or for want of prosecution, or the election is confirmed by the Co urt without any claims 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 7proven, judgment may be rendered against the contes tant, for costs and attorney’s fees, in favor of the defendant. If the election is annulled or set aside, judgment for costs may be rendered against t he defendant, in favor of the contestant. SOURCE: GC § 2618. Codified as 3 GCA § 12119. Amended b y P.L. 25-146:72 (May 27, 2000). Repealed and reenacted by P.L. 31- 255:2 (Dec. 11, 2012). § 12120. Apportionment of Costs of Contest. Where two (2) or more contests are joined for the p urpose of recounting votes as provided in this Chapter, the costs shall be apportioned among the parties at the discretion of the Court. SOURCE: GC § 2619. Codified as 3 GCA § 12120. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12121. Appeal From Judgment. Any party aggrieved by the judgment of the Superior Court of Guam may appeal therefrom to the Supreme Court of Guam, as in other cases of appeal thereto from the Superior Court, except on a n expedited basis.

aggrieved by the judgment of the Superior Court of Guam may appeal therefrom to the Supreme Court of Guam, as in other cases of appeal thereto from the Superior Court, except on a n expedited basis. During the pendency of proceedings on appeal, and until fi nal determination thereof, the person declared elected by the Superior Court o f Guam shall be entitled to the office in like manner as if no appeal had be en taken. The Supreme Court of Guam shall provide an expedited appeal pro cess for election contests. SOURCE: GC § 2620. Amended by P.L. 12-085:38 (Jan. 16, 19 74). Codified as 3 GCA § 12121. Amended by P.L. 25-146:73 (May 27, 20 00). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12122. Effect of Judgment Setting Aside Election. Whenever an election is annulled or set aside by th e judgment of the Superior Court, and no appeal has been taken within ten (10) days thereafter, the certification, if any has been issued, is void and the office is vacant. SOURCE: GC § 2621. Codified as 3 GCA § 12122. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12123. Determination of Tie.

ation, if any has been issued, is void and the office is vacant. SOURCE: GC § 2621. Codified as 3 GCA § 12122. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 12123. Determination of Tie. If at any election, two (2) or more persons receive an equal number of votes which is the highest number of ballot votes c ast for the same office, a judge of the Superior Court of Guam shall forthwith summon the candidates who received the votes to appear at a time to be de signated by the judge. A 073120133 GCA ELECTIONS CH. 12 ELECTION CONTESTS 8judge of the Superior Court of Guam shall at that t ime and place determine the tie by lot; provided, that in case two (2) or m ore vacancies are to be filled, a tie need not be broken when both the tie nominees are elected to office. SOURCE: GC § 2622. Codified as 3 GCA § 12123. Repealed an d reenacted by P.L. 31-255:2 (Dec. 11, 2012). ---------- 07312013