Chapter 15

3 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 1CHAPTER 15 CONDUCT OF PRIMARY ELECTIONS NOTE : Unless otherwise noted, all sections within this chapter were added to the Government Code of Guam by P.L. 10-151 (June 24, 1970). During the Fifteenth Guam Legislature, the C ompiler announced that Title 3 - Elections had been added t o the new, permanent Guam Code Annotated. See 4 Guam Sess. L. Introduction (Mar. 1981). SOURCE: Former chapter16 repealed and reenacted to this cha pter by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE : This chapter, formerly entitled 'Selection of Delegates to National Convention, ' was added by P.L. 7-102 (Feb. 26, 1964). Repealed by P.L. 31-255:2 (Dec. 11, 201 2). Article 1. General Provisions. Article 2. Nomination; Determination of Candidates. Article 3. Ballots. Article 4. Voting and Ascertaining the Voting Resul ts. Article 5. Election Contests. ARTICLE 1 GENERAL PROVISIONS § 15101. Definitions. § 15102. Liberal Construction. § 15103. Application of General Election Laws. § 15104. Application of Chapter. § 15105. Party Represented by Whom. § 15106. Expense of Printing Paid by Whom. § 15107.

§ 15102. Liberal Construction. § 15103. Application of General Election Laws. § 15104. Application of Chapter. § 15105. Party Represented by Whom. § 15106. Expense of Printing Paid by Whom. § 15107. Expense of Polling Places, Ballot Boxes an d Election Officials. § 15108. Vacancies Not to be Filled. § 15109. Minimum Vote Required. § 15101. Definitions. The words and phrases in this Chapter shall, unless the same is inconsistent with the context, be construed as f ollows: (a) Commission means the Election Commission. COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 2(b) Election means a general election as distinguis hed from a primary election or a special election. (c) Election officials mean those members of a prec inct board serving as outlined in § 4104, Chapter 4 of this Ti tle. (d) Office means an elected public office. (e) Party means an association of voters united for the purpose of promoting a common political policy, whi ch maintains a general organization throughout Guam, including a regularly constituted central committee and precinct committe e, and as further defined in § 1112, Chapter 1 of this Title.

olicy, whi ch maintains a general organization throughout Guam, including a regularly constituted central committee and precinct committe e, and as further defined in § 1112, Chapter 1 of this Title. (f) Precinct means a district as defined in Title 1 GCA § 403. (g) Primary means a preliminary election in which voters cast ballots to determine the candidates for specif ic offices, as provided for in this Title. (h) Primary ballot means a party ballot or a non-pa rty ballot or a non-partisan ballot used at a primary. SOURCE: GC § 2900. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16101. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2800, entitled ' Recognized political party—national convention .' Codified as 3 GCA § 15101. Repealed by P.L. 31-255:2 (Dec. 11, 2 012). § 15102. Liberal Construction. This Chapter shall be liberally construed in favor of the primary voter. SOURCE: GC § 2901. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16102. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012).

construed in favor of the primary voter. SOURCE: GC § 2901. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16102. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2801, entitled ' Same: selection of delegates .' Codified as 3 GCA § 15101. Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 15103. Application of General Election Laws. The laws relating to elections shall apply to a pri mary insofar as they are consistent with this Chapter, the inten t of which is to place the primary under the regulation and protecti on of the COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 3election laws, as far as possible, consistently wit h this Chapter. SOURCE: GC § 2902. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16103. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15104. Application of Chapter. A partisan candidate for office shall be nominated in accordance with this Chapter and not otherwise, exc ept as otherwise provided by law. SOURCE: GC § 2903. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16104.

office shall be nominated in accordance with this Chapter and not otherwise, exc ept as otherwise provided by law. SOURCE: GC § 2903. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16104. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15105. Party Represented by Whom. Not less than ninety (90) days before the holding o f a primary, each party seeking ballot placement shall submit to the Commission a list of its officers and of its centra l committee. SOURCE: GC § 2904. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16105. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15106. Expense of Printing Paid by Whom. The cost of ballots, blanks and other supplies to b e used at any primary, and other costs properly incurred in t he preparation for or conducting of the primary, shall be borne by the government of Guam. SOURCE: GC § 2905. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16106. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15107. Expense of Polling Places, Ballot Boxes an d Election Officials.

10-151 (June 24, 1970). Codified as 3 GCA § 16106. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15107. Expense of Polling Places, Ballot Boxes an d Election Officials. The Commission, at the expense of the government, s hall provide the necessary polling places and ballot box es for conducting an election for nomination of candidates for office. The Commission, at the expense of the government, s hall pay election officials for their services in conducting a primary at the same rate of compensation as provided by this Title for an election. SOURCE: GC § 2906. Added by P.L. 10-151 (June 24, 1970). Codified COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 4as 3 GCA § 16107. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15108. Vacancies Not to Be Filled. In the event that fewer than fifteen (15) candidate s are running for I Liheslaturan Guåhan within any party, the central committee of such party or parties shall not fill t he party slate for the primary or general election to a full fifteen ( 15) nominees with its own nomination by filling those positions which are unfilled because fewer than fifteen (15)

ll not fill t he party slate for the primary or general election to a full fifteen ( 15) nominees with its own nomination by filling those positions which are unfilled because fewer than fifteen (15) candidates ran in t hat party’s primary election. SOURCE: Added by P.L. 22-129:3 (May 31, 1994) as 3 GCA § 16 109. Amended by P.L. 25-146:61 (May 27, 2000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 15109. Minimum Vote Required. No person shall be deemed nominated in a primary el ection unless the candidate receives votes at least three (3) times greater than the required number of signatures needed for a nomination petition for candidacy for such election, or votes equal to four percent (4%) of the total number of persons who obt ain ballots to vote in that primary election for all parties, whic hever is less. SOURCE: Added by P.L. 22-129:4 (May 31, 2000) as 3 GCA § 16 110. Repealed and reenacted to this section by P.L. 31-2 55:2 (Dec. 11, 2012). ---------- ARTICLE 2 NOMINATION ; DETERMINATION OF CANDIDATES § 15201. Primary Date. § 15202. Notice of Primary; Publication, Posting. § 15203. Form of Nomination Papers. § 15204.

:2 (Dec. 11, 2012). ---------- ARTICLE 2 NOMINATION ; DETERMINATION OF CANDIDATES § 15201. Primary Date. § 15202. Notice of Primary; Publication, Posting. § 15203. Form of Nomination Papers. § 15204. Nomination Papers: Qualifications of Signe rs. § 15205. Nomination Papers: Number of Signers. § 15206. Time for Filing Nomination Papers; Fees. § 15207. Independent Candidates. § 15208. Vacancies. COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 5§ 15201. Primary Date. The primary shall be conducted at the polling place or places determined by the Election Commission in each distr ict on the first Saturday of August in every even-numbered yea r. SOURCE: GC § 2910. Added by P.L. 10-151 (June 24, 1970). Amended by P.L. 12-119:1 (Apr. 3, 1974), P.L. 13-032 (June 17, 1975). Codified as 3 GCA § 16201. Repealed and reenacted to this sect ion by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 36-078:1 (Feb. 9, 2022), effective Jan. 1, 2023 pursuant to P.L. 36-078:7 (Feb. 9, 2022). § 15202. Notice of Primary; Publication, Posting. (a) At least thirty (30) days before the date for holding the primary, the Commission shall prepare and transmit to each municipal mayor a notice, in

§ 15202. Notice of Primary; Publication, Posting. (a) At least thirty (30) days before the date for holding the primary, the Commission shall prepare and transmit to each municipal mayor a notice, in writing, designating t he office for which candidates are to be nominated at the primary , and state the time, date, and the place where the primary electio n voting will be held. (b) The Commission shall, within ten (10) days aft er transmitting the notice to the municipal mayors, ca use notice of the primary to be posted in three (3) conspicuous p ublic places in each of the municipal districts of Guam, and to be published at least three (3) times in a newspaper of general cir culation in Guam. The notice shall state the time, date, and pl ace where the primary election voting will be held, together with the offices for which candidates are to be nominated and elected. SOURCE: GC § 2911. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16202. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA §

s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 15203. Form of Nomination Papers. (a) No candidate’s name shall be printed upon any official ballot to be used at any primary election unless a nomination paper shall have been filed on his or her behalf and in h is or her legal name, as provided in this Chapter in substantially the following form: COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 6'NOMINATING PETITION (PARTISAN) We, the undersigned, registered and qualified elect ors of Guam hereby nominate ___________________________________________ Print or type full name of candidate as a candidate of the ____________________ party fo r the office of __________________________, to be voted for in t he primary election to be held on the ______ day of __ ________, ________, and we declare that we have not signed, a nd will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing general election.

and we declare that we have not signed, a nd will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing general election. WARNING : Whoever knowingly signs more petitions for the same office than there are persons to be elected to the office or signs a name other than his own is violating the pr ovisions of the Guam Election Code. Full Name: Date of Birth: Address: Signature: Date: Vo ting District: 1. _______________________________________________ 2. _______________________________________________ 3. _______________________________________________ 4. _______________________________________________ 5. _______________________________________________ 6. _______________________________________________ 7. _______________________________________________ 8. _______________________________________________ 9. _______________________________________________ 10. ______________________________________________ _ 11. ______________________________________________ _ 12. ______________________________________________ _ 13. ______________________________________________ _ 14.

__________________________________ _ 11. ______________________________________________ _ 12. ______________________________________________ _ 13. ______________________________________________ _ 14. ______________________________________________ _ COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 715. ______________________________________________ _ 16. ______________________________________________ _ 17. ______________________________________________ _ 18. ______________________________________________ _ 19. ______________________________________________ _ 20. ______________________________________________ _ CIRCULATOR CERTIFICATION The undersigned circulator of the above petition as serts that he or she is qualified to circulate this petition, that each signature on the petition was signed in his or her presence, that to the best of his or her knowledge and belief each signature i s the genuine signature of the person purporting to sign the same , that the person was, at the time of signing, a registered an d qualified voter of Guam, and that such elector was qualified to sign the petition.

signature of the person purporting to sign the same , that the person was, at the time of signing, a registered an d qualified voter of Guam, and that such elector was qualified to sign the petition. ______________________ ________________ _____ Print or type full name of circulator Signature of circulator ______________________ _________________ ______ Address of circulator Date' (b) All nomination papers shall have substantially the above form written or printed thereon; provided, that tho se filed for an independent candidate may omit the words 'of the __ _______ party.' No signature shall be valid and counted un less it is written upon a sheet having this form printed thereon, whic h shall be provided by the Commission. (c) Nomination papers shall not be filed on behalf of any person for more than one (1) party or for more than one (1) office; nor shall nomination papers be filed on behalf of a ny person both as a party candidate and as an independent candidat e. SOURCE: GC § 2912. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16203. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). COL4/6/20223 GCA ELECTIONS CH.

ndidat e. SOURCE: GC § 2912. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16203. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 82016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 15204. Nomination Papers: Qualifications of Signe rs. (a) No person shall sign the nomination papers of more than one (1) candidate for the same office, nor for more than the actual number of offices of one (1) class. Nomination pape rs shall be construed in this regard according to priority of f iling, and the name of any person appearing thereon shall be count ed only so long as this provision is not violated, and not the reafter. (b) No name on any nominating petition shall be co unted as valid unless the signer is an elector, qualified an d registered to vote for the candidate at the next primary or gener al election. SOURCE: GC § 2913. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16204. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012).

t the next primary or gener al election. SOURCE: GC § 2913. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16204. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 15205. Nomination Papers --Number of Signers. (a) No person shall be certified as a candidate for nomination unless the following number of qualified electors s hall have signed a petition in favor of the candidate: Office Required Number of Signatures Mayor 100 Vice Mayor 100 Senator 250 I Maga’låhen Guåhan and I Segundu Na Maga’lahi 500 Washington Representative 500 (b) When there are candidates for the mayoral or vi ce- mayoral positions in municipalities or districts th at had less than COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 9one thousand (1,000) total votes cast in the prior election, the mayoral and vice-mayoral candidates in these jurisd ictions shall acquire five percent (5%) of the qualified electors based from the prior election. SOURCE: GC § 2914. Added by P.L. 10-151 (June 24, 1970).

l and vice-mayoral candidates in these jurisd ictions shall acquire five percent (5%) of the qualified electors based from the prior election. SOURCE: GC § 2914. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16205. Amended by P.L. 25-146:62 (May 27, 2000). Repealed and reenacted to this section by P.L. 31-2 55:2 (Dec. 11, 2012). NOTE: Commissioner and Assistant Commissioner changed to Mayor and Vice Mayor pursuant to P.L. 20-033 (Sept. 6, 1989). § 15206. Time for Filing Nomination Papers; Fees. Nomination papers shall be filed with the Commissio n at least ninety (90) days but not earlier than one hun dred sixty (160) days prior to the day for holding the primary. Ther e shall be deposited with each nomination a fee of One Hundred Dollars ($100.00) on account of the expenses attending the holding of the primary, which shall be paid into the Treasury of G uam. Upon receipt at the office of the Commission of a nomina tion of a candidate, the day, hour and minute when it was rec eived shall be endorsed thereon. SOURCE: GC § 2915. Codified as 3 GCA § 16206. Amended by P.L. 18-030:50 (Feb. 19, 1986). Repealed and reenacted t o this section by P.L. 31-255:2 (Dec. 11, 2012).

rec eived shall be endorsed thereon. SOURCE: GC § 2915. Codified as 3 GCA § 16206. Amended by P.L. 18-030:50 (Feb. 19, 1986). Repealed and reenacted t o this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 36-078:2 (Feb. 9, 2022), effective Jan. 1, 2023 pursuant to P.L. 36-078:7 (F eb. 9, 2022). § 15207. Independent Candidates. Nomination papers may be filed on behalf of indepen dent candidates. The papers shall be in the same form an d signed in the same manner as in the case of party candidates. SOURCE: GC § 2916. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16207. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15208. Vacancies. (a) In case of the death, withdrawal or disqualifi cation of a nominee for I Maga’låhen Guåhan after a primary, the candidate for I Segundu Na Maga’lahi on the same slate shall thereupon become candidate for I Maga’låhen Guåhan , who shall then select the nominee for I Segundu Na Maga’lahi . COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 10 (b) In case of the death, withdrawal or disqualifi cation of any nominee for I Segundu Na Maga’lahi after a primary, the nominee for I Maga’låhen

GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 10 (b) In case of the death, withdrawal or disqualifi cation of any nominee for I Segundu Na Maga’lahi after a primary, the nominee for I Maga’låhen Guåhan on the same slate shall select the nominee for I Segundu Na Maga’lahi . (c) In case of the death, withdrawal or disqualifi cation of any nominee for any other office after a primary, the v acancy so caused shall be filled by the nominee to such offic e receiving the next highest number of votes in the primary. (d) In case of the death, withdrawal or disqualifi cation of any candidate for office after an unopposed primary, th e vacancy so caused shall be filled by the central committee of the party. SOURCE: GC § 2917. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16208. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. ---------- ARTICLE 3 BALLOTS § 15301. Form of Primary Election Ballot.

s were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. ---------- ARTICLE 3 BALLOTS § 15301. Form of Primary Election Ballot. Ballots used in the primary election shall be in th e form prescribed by the Guam Election Commission and shal l conform to the following minimum requirements: (a) (1) All candidates for all offices to be contes ted in the forthcoming general election shall appear on a primary ballot to be voted upon by registered voter s in each voting district. A voting district is each dis trict within Guam as defined in Title 1 GCA § 403, unless otherwise provided in this Title. The Guam Election Commission shall print a ballot with the names of a ll qualified candidates from the Republican Party on o ne (1) side of the ballot, and the names of all qualif ied candidates from the Democratic Party on the opposit e side. This ballot format shall be used so as to lim it voters COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 11 to mark their ballots in only one (1) party for all offices in that primary election.

lot format shall be used so as to lim it voters COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 11 to mark their ballots in only one (1) party for all offices in that primary election. (2) If there are qualified candidates who are not members of either the Republican Party or the Democratic Party, the Guam Election Commission shal l reconfigure the ballot as necessary in order that candidates’ names shall be placed on the ballot in three (3) or more columns with a separate column for each different recognized party, and a separate column f or those non-affiliated. The Guam Election Commission shall limit voters to mark their ballots in only on e (1) party or for non-affiliated candidates only for all offices in that primary election. (b) Across the top of the ballot shall be printed t he words 'OFFICIAL PRIMARY ELECTION BALLOT' and the date of the primary election. (c) Thereafter shall appear an explanation to the v oter instructing him or her how to vote. (d) There shall appear specific instructions in bol dface type on each ballot that a voter may cast votes und er one (1) party only; that if votes are cast for candidates o f more than one (1) party for any office

l appear specific instructions in bol dface type on each ballot that a voter may cast votes und er one (1) party only; that if votes are cast for candidates o f more than one (1) party for any office or nomination of offic es appearing on the ballot, the entire ballot shall be void. The instructions on the ballot shall clearly inform vot ers of the mandate herein. (e) The ballot for each office for which party nominations are sought shall contain instructions t o the voters as to the maximum number of candidates that may be selected for that office. (f) The Guam Election Commission shall make accommodation for the voter to write in the name of a person or persons not otherwise appearing on the ballot, u nder each office being contested under each party heading. (g) Should the Guam Election Commission adopt a ballot form using any mechanical, electro-mechanica l, or electronic device to record the vote, or aid in rec ording the COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 12 vote, the voter instruction and information require d by this Section shall appear on the device in the place pro vided therefore, or otherwise shall be prominently displa yed within the

ELECTIONS 12 vote, the voter instruction and information require d by this Section shall appear on the device in the place pro vided therefore, or otherwise shall be prominently displa yed within the voting booth so as to be easily read by the vot er. SOURCE: GC § 2920. Added by P.L. 10-151 (June 24, 1970). Subsections (d) and (g) amended by P.L. 11-209:29 a nd 30 (Dec. 22, 1972). Subsection (f) amended by P.L. 12-209:32 (Ju ne 19, 1974). Subsection (e) amended by P.L. 13-176:2 (Aug. 2, 19 76), P.L. 23-099:5 (June 8, 1996). Codified as 3 GCA § 16301. Repea led and reenacted by P.L. 18-030:52 (Feb. 19, 1986). Subsection (l) adde d by P.L. 18-040:30 (Nov. 6, 1986). Amended by P.L. 27-101:3 (June 25, 2004). Subsection (a) amended by P.L. 31-059:3 (May 24, 2011). Subse ction (d) amended by P.L. 31-059:4 (May 24, 2011). Subsection (e) am ended by P.L. 31- 059:5 (May 24, 2011). Subsection (a)(1) added by P .L. 31-231:1 (July 10, 2012). Repealed and reenacted to this section by P .L. 31-255:2 (Dec. 11, 2012). 2016 NOTE: Subitem designations were added to adhere to the Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606.

ection by P .L. 31-255:2 (Dec. 11, 2012). 2016 NOTE: Subitem designations were added to adhere to the Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. ---------- ARTICLE 4 VOTING AND ASCERTAINING THE VOTING RESULTS § 15401. Persons Entitled to Vote; List of Electors . § 15402. Manner of Voting. § 15403. Challenging. § 15404. Result of Election, I Maga’låhen Guåhan and I Segundu Na Maga’lahi ; Other Offices; Primary Constituting Election to Office. § 15405. Validity of Ballot. § 15401. Persons Entitled to Vote; List of Elector s. No person shall be entitled to vote at any primary unless he or she shall have registered as a duly qualified el ector of Guam. SOURCE: GC § 2930. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16401. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15402. Manner of Voting. COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 13 Any person desiring to vote at a primary shall sta te his or her full name and address to the election officials, an d shall present a validly issued photo identification card issued by a federal, state, Guam secondary school, Guam

primary shall sta te his or her full name and address to the election officials, an d shall present a validly issued photo identification card issued by a federal, state, Guam secondary school, Guam post-secondary school o r Government of Guam entity to the precinct official or other authorized election official. If the person desirin g to vote is not challenged, a precinct clerk shall issue to him or her only one (1) official primary ballot. The voter shall proceed to enter one (1) of the compartments provided and therein mark the ball ot. The marked ballot shall immediately be placed in the ba llot box provided. In addition, the provisions of Chapter 10 of this Title (Absent Voting) shall also apply to a primary elect ion so as to permit voting by absentee ballot therein. SOURCE: GC § 2931. Added by P.L. 10-151 (June 24, 1970). Amended by P.L. 10-161 (July 3, 1970). Codified as 3 GCA § 16402. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012), amended by P.L. 33-148:4 (Apr. 15, 2016). § 15403. Challenging. Any person rightfully within the polling place may challenge the right of any other person requesting to vote.

-255:2 (Dec. 11 , 2012), amended by P.L. 33-148:4 (Apr. 15, 2016). § 15403. Challenging. Any person rightfully within the polling place may challenge the right of any other person requesting to vote. T he challenge shall be on the grounds that the elector is not the person alleged to be, or that the elector is not entitled to vote on the grounds specified in § 9118, Chapter 9 of this Title. No o ther or further challenge shall be allowed. The challenge shall be immediately considered and decided upon by the precinct board, a ruling of the majority thereof being final. SOURCE: GC § 2932. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16403. Amended by P.L. 25-146:63 (May 2 7, 2000). Repealed and reenacted to this section by P.L. 31-2 55:2 (Dec. 11, 2012). § 15404. Result of Election. I Maga’låhen Guåhan and I Segundu Na Maga’låhi ; Other Offices; Primary Constituting Election to Office. (a) I Maga’låhen Guåhan and I Segundu Na Maga’låhi team receiving a plurality of votes cast for a part isan nomination shall be the party nominees for the gene ral election. No I Maga’låhen Guåhan and I Segundu Na Maga’låhi team running in the independent column shall be eligible for

s cast for a part isan nomination shall be the party nominees for the gene ral election. No I Maga’låhen Guåhan and I Segundu Na Maga’låhi team running in the independent column shall be eligible for general election ballot placement unle ss such COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 14 team receives a minimum twenty percent (20%) of the total combined votes cast for the winning teams seeking p artisan nomination. (b) The winners in all other partisan primary conte sts shall be the candidates receiving the highest numbe r of votes, except that no candidate running in the independent column shall be eligible for general election ballot place ment unless he or she receives votes equal to at least ten perc ent (10%) of the total number of the valid ballots cast for the office for which he or she is a candidate. (c) Except in the case of a gubernatorial team, if in any primary a candidate who has been certified as being nominated (1) submits to the Commission a written declination of his or her nomination, or (2) dies, the Commission shall certify as nominated the person ha ving the next highest number of votes in the same primary; p rovided, that the

ion a written declination of his or her nomination, or (2) dies, the Commission shall certify as nominated the person ha ving the next highest number of votes in the same primary; p rovided, that the Commission determines that the addition of the newly certified candidate to the ballot shall not p revent the Commission from conducting the general election at the scheduled date and time. If the Commission in its discretion determines that time does not permit the addition o f the new nominee to the ballot, the vacancy shall be filled as otherwise provided by law. In the case of the death of a nom inee for I Maga’låhen Guåhan or I Segundu Na Maga’låhi , the vacancy shall be filled as provided by law. SOURCE: GC § 2933. Added by P.L. 10-151 (June 24, 1970). Subsection (a) repealed and reenacted by P.L. 12-11 9:2 (Apr. 3, 1974). Subsection (b) amended by P.L. 14-140:21 (Aug. 31, 1978). Codified as 3 GCA § 16404. Subsection (d) added by P.L. 22-109 :14 (Apr. 1, 1994). Repealed and reenacted to this section by P.L. 31-2 55:2 (Dec. 11, 2012). 2016 NOTE: Subitem designations were altered to adhere to th e Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by

d to this section by P.L. 31-2 55:2 (Dec. 11, 2012). 2016 NOTE: Subitem designations were altered to adhere to th e Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. § 15405. Validity of Ballot. All questions as to validity of a ballot cast at an y primary election held under this Chapter shall be decided u pon immediately, and the opinion of the majority of the Commission shall be final and binding, subject to review by th e Superior Court COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 15 of Guam. SOURCE: GC § 2934. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16405. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). ---------- ARTICLE 5 ELECTION CONTESTS § 15501. Petition to Contest. § 15502. Filing of Petition. § 15503. Summons. § 15504. Hearing and Judgment. § 15501. Petition to Contest. Any candidate directly interested, or any registere d and qualified elector of any precinct, may file a petit ion in the Superior Court of Guam, setting forth any cause or causes wh y the decision of the Commission should be revised, corrected or c hanged. SOURCE: GC § 2935. Added by P.L.

t, may file a petit ion in the Superior Court of Guam, setting forth any cause or causes wh y the decision of the Commission should be revised, corrected or c hanged. SOURCE: GC § 2935. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16501. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15502. Filing of Petition. The petition shall be filed in the Superior Court o f Guam within seven (7) days following the primary electio n proposed to be contested. SOURCE: GC § 2936. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16502. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). § 15503. Summons. The Clerk of the Superior Court shall issue a summo n to the respondents named in the petition to appear before the Superior Court within five (5) days after thereof. SOURCE: GC § 2937. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16503. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). COL4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 16 § 15504. Hearing and Judgment. (a) The Court shall hear the contest in a summary m anner, and at the hearing, the Court shall cause the

L4/6/20223 GCA ELECTIONS CH. 15 CONDUCT OF PRIMARY ELECTIONS 16 § 15504. Hearing and Judgment. (a) The Court shall hear the contest in a summary m anner, and at the hearing, the Court shall cause the evide nce to be reduced to writing, and shall, within eight (8) days follow ing the return, give judgment, fully stating all findings of fact a nd of law. (b) The judgment shall decide which candidate was nominated or elected, as the case may be, in the ma tter presented by the petition, and a certified copy of the judgme nt shall forthwith be served on the Commission, which shall place the name of the candidate declared to be nominated on t he ballot for the forthcoming general election, and the judgment shall be conclusive of the right of the candidate so declare d to be nominated. SOURCE: GC § 2938. Added by P.L. 10-151 (June 24, 1970). Codified as 3 GCA § 16504. Repealed and reenacted to this s ection by P.L. 31- 255:2 (Dec. 11, 2012). 2016 NOTE: Subsection designations were added to adhere to t he Compiler’s codification and alpha-numeric schemes p ursuant to authority granted by 1 GCA § 1606. ---------- COL4/6/2022