Chapter 14

3 GCA ELECTIONS CH. 14 PROVISIONAL VOTING 1CHAPTER 14 PROVISIONAL VOTING 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within this chapter were included in the original Government Code of Guam enacted by P.L . 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964).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). 2012 NOTE: This chapter was formerly entitled ' Penal Provisions .' Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 14101. Definition. § 14102. Provisional Ballot Design; Visually Distin guishable From Regular Ballot. § 14103. Qualifications. § 14104. Procedures. § 14105. Disposition. § 14106. Data Availability and Collection. § 14101. Definition. Provisional ballot is a ballot issued at the polli ng place on election day for any reason authorized by the Help America Vote Act, and other applicable federal or Guam laws granted to a person who otherwise would be denied an opportunity to vote on a regular ballo t. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012).

rica Vote Act, and other applicable federal or Guam laws granted to a person who otherwise would be denied an opportunity to vote on a regular ballo t. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2700, entitled 'Application of Chapter. ' Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 14102. Provisional Ballot Design: Visually Distin guishable from Regular Ballot. Provisional ballots shall be visually distinguishab le from regular ballots, and shall be designed so that they are unable to be tallied by precinct voting machine tabulators. (a) Voter Registration Application: Provisional bal lot envelopes shall be designed so as to also serve as a voter re gistration application. (b) Ease of Use: Provisional ballots shall be clea r and easy to read. 073120133 GCA ELECTIONS CH. 14 PROVISIONAL VOTING 2SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2701, entitled ' Wilful Violations of Election Laws. ' Repealed and reenacted as 3 GCA § 8102 by P.L. 3 1- 255:2 (Dec. 11, 2012). § 14103. Qualifications.

is section was originally codified from GC § 2701, entitled ' Wilful Violations of Election Laws. ' Repealed and reenacted as 3 GCA § 8102 by P.L. 3 1- 255:2 (Dec. 11, 2012). § 14103. Qualifications. Any person who would otherwise be denied an opportu nity to vote a regular ballot may vote a provisional ballot in acc ordance with the procedures set forth in § 14104, for any reason aut horized by the Help America Vote Act, and other applicable federal and Guam laws, including, but not limited, to the following: (a) the person’s name does not appear in the precin ct signature roster which lists all registered voters within the polling area; (b) there is an indication in the precinct signatur e roster that the person has requested an absentee ballot, but wishes to vote at the polling place; (c) the person is voting during polling hours that have been extended by court order; or (d) any other reason outlined in statute. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2702, entitled ' Fraud. ' Repealed and reenacted as 3 GCA § 8405 by P.L. 31-2 55:2 (Dec. 11, 2012). § 14104. Procedures. (a) Precinct Board Training.

E: This section was originally codified from GC § 2702, entitled ' Fraud. ' Repealed and reenacted as 3 GCA § 8405 by P.L. 31-2 55:2 (Dec. 11, 2012). § 14104. Procedures. (a) Precinct Board Training. Precinct board members shall be trained to administer provisional voting in an accurate and co nsistent manner, and shall also be trained when to use provisional ballots, an d when not to use them. Precinct officials shall also be able to communicat e clearly to voters the prerequisites for provisional voting. (b) Correct Polling Location. Prior to providing a person with a provisional ballot, precinct officials shall make e very effort to determine a person’s voter registration status and correct voti ng location. When a precinct official determines that the person is reg istered to vote at another location, the precinct official shall inform and di rect the individual to the correct precinct polling place. 073120133 GCA ELECTIONS CH. 14 PROVISIONAL VOTING 3(c) Refusal. Only when such a person refuses to pro ceed to the correct polling location, or, if in the shared judgment of the precinct official and the potential voter, the person will not reach the corr ect polling location in

person refuses to pro ceed to the correct polling location, or, if in the shared judgment of the precinct official and the potential voter, the person will not reach the corr ect polling location in time to cast a regular ballot before polls close, shall the precinct official offer the person a provisional ballot. (d) Issuing Provisional Ballots. Provisional ballot s shall be issued, accompanied with a provisional ballot outer envelop e on which an affidavit and provisional ballot record of disposition shall be printed, and an inner security envelope that will contain the ballot. (e) Commission to Provide Means to Assess Registrat ion Status and Precinct Location of Voters. The Election Commissio n shall provide the precinct boards with the necessary means to determi ne a person’s registration status and correct voting location, in cluding a list of all registered voters in the polling area, directions t o all polling locations, and the means to place a person’s full name and address within the correct polling jurisdiction. (f) Minimum Number of Provisional Ballots. Each pre cinct shall be issued a minimum number of provisional ballots equa l to five percent (5%) of the total

ess within the correct polling jurisdiction. (f) Minimum Number of Provisional Ballots. Each pre cinct shall be issued a minimum number of provisional ballots equa l to five percent (5%) of the total registered voters for that precinct an d not less than fifteen (15), whichever is greater. (g) Requirement of Provisional Voter Affidavit. Any person who will vote a provisional ballot shall first complete and sign the affidavit printed on a provisional ballot outer envelope attesting that he or she believes himself or herself to be a registered voter in Guam and eli gible to vote under Guam law. (h) Contents of Provisional Ballot Envelope. The pr ovisional ballot outer envelope shall include a place for the provis ional voter’s full name; address, both present and former, if applicable; da te of birth; reason for the provisional ballot; the precinct number and the pre cinct polling location at which he or she has voted; and a provisional ballot record of disposition. The provisional ballot outer envelope shall also contai n a place for the person to sign the oath and a summary of the applicable penal ty provisions outlined in Chapter 8 of this Title. (i) Voting In Secret.

sional ballot outer envelope shall also contai n a place for the person to sign the oath and a summary of the applicable penal ty provisions outlined in Chapter 8 of this Title. (i) Voting In Secret. The provisional voter shall m ark the provisional ballot in secrecy and place the completed provision al ballot in the inner 073120133 GCA ELECTIONS CH. 14 PROVISIONAL VOTING 4security envelope provided, place the inner securit y envelope into the outer envelope, and return it to the precinct official. (j) Completeness of Provisional Ballot Envelope. Th e precinct official shall ensure that all the required information is c ompleted on the outer envelope, signed by the provisional voter in the ap propriate space, and then place the envelope in a secure container. (k) Informing Voters of Notification System. The pr ecinct official shall present the provisional voter written information a dvising how to ascertain whether the vote was counted and, if applicable, th e reason the vote was not counted. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2703, entitled ' Forging or Counterfeiting Returns.

le, th e reason the vote was not counted. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2703, entitled ' Forging or Counterfeiting Returns. ' Repealed and reenacted as 3 GCA § 8307 by P.L. 31 - 255:2 (Dec. 11, 2012). § 14105. Disposition. (a) Counting Provisional Ballots. Within ten (10) d ays after any election, the Commission shall count the provisiona l voter’s choices for every race for which the voter was eligible to vote . When a provisional voter casts a provisional ballot in the incorrect precinc t, election officials shall count the votes on that ballot in every race for wh ich the voter would be entitled to vote if he or she had been in the corre ct precinct. (b) Opportunity to Remedy Incomplete Provisional Ba llots. Provisional voters who lacked required information, such as pro of of identity or failure to sign, shall be notified and shall be granted a s even (7)-day period to comply or supply missing information. Failure to a bide shall constitute a spoiled provisional ballot. (c) Provisional Ballots as a Remedy for Incomplete or Deficient Registration Applications.

od to comply or supply missing information. Failure to a bide shall constitute a spoiled provisional ballot. (c) Provisional Ballots as a Remedy for Incomplete or Deficient Registration Applications. Provisional ballots shal l serve to remedy incomplete or otherwise deficient voter registratio n applications. In the event that a voter is denied the right to vote a regular ballot because of an incomplete or otherwise deficient voter registratio n application, the provisional ballot shall be used to complete said v oter’s application. The provisional voter shall be deemed registered as of the date of the original application. Within ten (10) days after an election , when the voter’s application shall have been satisfactorily complete d and deemed valid, the provisional ballot shall be counted. 073120133 GCA ELECTIONS CH. 14 PROVISIONAL VOTING 5(d) Registration of Unregistered Provisional Voters . Election officials shall register provisional voters, if they are not already registered or who are eligible to be registered, based on the information provided on the provisional ballot envelope. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012).

voters, if they are not already registered or who are eligible to be registered, based on the information provided on the provisional ballot envelope. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was codified from GC § 2704, entitled ' Adding or Removing Votes; Altering Returns. ' Repealed and reenacted as 3 GCA § 8209 by P.L. 31-255:2 (Dec.11, 2012). § 14106. Data Availability and Collection. (a) Free Notification System. The Commission shall identify and implement, through an internet website, toll-free t elephone number, or other means, a system whereby an individual who voted a p rovisional ballot may, free of charge, determine if his or her vote was co unted, and, if the vote was not counted, the reason the vote was not tabulated. (b) Data Collection and Reporting Requirements. The Commission shall collect data on provisional voting and includ e such data in its Election Comparative Analysis Report following an election. Provisional ballots issued, counted, and rejected shall be tracked by p recinct. In the case of rejected or spoiled provisional ballots, the Commis sion shall report the basis for such rejections. SOURCE: Added by P.L.

issued, counted, and rejected shall be tracked by p recinct. In the case of rejected or spoiled provisional ballots, the Commis sion shall report the basis for such rejections. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2706, entitled 'Unlawful Acts as to Poll List, Ballots and Ballot Boxes. ' Repealed and reenacted as 3 GCA § 8308 by P.L. 31-255:2 (Dec. 11, 2012). ---------- 07312013