Chapter 17

3 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 1CHAPTER 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES SOURCE: Former chapter 19 reenacted to this chapter by P.L . 31-255:2 (Dec. 11, 2012). 2012 NOTE: This chapter, formerly entitled ' Initiative, Referendum, and Legislative Submission ,' was reenacted as chapter 16 by P.L. 31-255:2 (De c. 11, 2012). § 17101. Definitions. § 17102. Duties of Election Commission. § 17103. Filing of Reports. § 17104. Death of Candidate Prior to Filing Reports . § 17105. Death of Candidate After Submitting Final Report. § 17106. Registration. § 17107. Organizational Reports. § 17108. Campaign Treasurer. § 17109. Campaign Contributions in General. § 17110. Campaign Contributions: Restrictions Again st Transfer. § 17111. Limit on Anonymous Contributions. § 17112. False Name. § 17113. Limitation on Amount of Contributions. § 17114. Campaign Expenditures: Authority Required. § 17115. Organizational Reports. § 17116. Preliminary Reports. § 17117. Registration and Taxation of Campaign Fund s. § 17118. Final and Supplemental Reports. § 17119. Disposition of Funds. § 17120. Advertising. § 17121. Complaints and Investigation. § 17122.

s. § 17117. Registration and Taxation of Campaign Fund s. § 17118. Final and Supplemental Reports. § 17119. Disposition of Funds. § 17120. Advertising. § 17121. Complaints and Investigation. § 17122. Administrative Fines; Relief. § 17101. Definitions. When used in this Chapter: (a) Advertisement means: (l) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a candidat e, which 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 2identifies a candidate directly or by implication, or which advocates or supports the nomination for election o f the candidate, or advocates or supports his or her defeat; and (2) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a committe e, which identifies an issue or question which appears or is reasonably certain to appear on the ballot at the next applica ble election, or which advocates or supports the passage or defeat o f the question or issue. (b) Campaign treasurer means a person appointed und er § 17108 of this Chapter, and, unless expressly indicated ot herwise, includes deputy campaign treasurers.

e or defeat o f the question or issue. (b) Campaign treasurer means a person appointed und er § 17108 of this Chapter, and, unless expressly indicated ot herwise, includes deputy campaign treasurers. (c) A candidate is one who either seeks a nominatio n or is proposed for a nomination by sponsors or accepts mo ney towards an election in accordance with the provisions of this Title; and who: (l) files nomination papers for an office for himse lf or herself, or, consents to have a declaration of nomination fo r an office filed on his or her behalf by five (5) voters as specifie d in § 6106 of this Title; or (2) receives contributions in an aggregate amount o f more than One Hundred Dollars ($100.00), or makes or inc urs any expenditures to bring about his or her nomination f or election, or election to office; or (3) gives his or her consent for any other person t o receive contributions or make expenditures to aid his or he r nomination for election, or election to office. (d) Commission means the Guam Election Commission. (e) Committee means: (1) any person who accepts a contribution or makes an expenditure for or against any individual candidate or group of candidates, person

ssion means the Guam Election Commission. (e) Committee means: (1) any person who accepts a contribution or makes an expenditure for or against any individual candidate or group of candidates, person seeking nomination for election, or election to office, or political party, with the authorization of the candidate, person, or political party, or who accepts a contri bution or makes an expenditure for or against any question or issue which is to appear on the ballot at the next applicable electio n; 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 3(2) any person who raises or holds money or anythin g of value and who subsequently contributes the money or thing of value to, or make expenditures on behalf of an indi vidual candidate, group of candidates, person, or politica l party; provided, that the term committee shall not include any person making a contribution or expenditure of his or her own funds or something of value originally acquired for his or h er own use and not for the purpose of evading any provision of thi s Chapter. (f) Contribution means: (l) a gift, subscription, loan, advance, deposit of money or anything of value, or cancellation

h er own use and not for the purpose of evading any provision of thi s Chapter. (f) Contribution means: (l) a gift, subscription, loan, advance, deposit of money or anything of value, or cancellation of a debt or leg al obligation for the purpose of: (A) influencing the nomination for election, or ele ction of any person to office; or (B) influencing the outcome of any question or issu e which appears or is reasonably certain to appear on the ballot at the next applicable election; or (C) use by any party for the purpose set out in Subsection (A) or (B) herein; (2) the payment, by any person other than a candida te or committee, or compensation for the personal service s of another person, which are rendered to the candidate or comm ittee without charge or at an unreasonably low charge, a discount not offered to any other candidate or committee other than volunte er campaign services; or (3) a contract, promise, or agreement to make a con tribution; provided, that notwithstanding Subsections (l), (2) , and (3) of this Subsection, the term shall not include services or portions thereof voluntarily provided without reasonable compensatio n by individuals to or in behalf of a

ng Subsections (l), (2) , and (3) of this Subsection, the term shall not include services or portions thereof voluntarily provided without reasonable compensatio n by individuals to or in behalf of a candidate or commi ttee; or (4) notwithstanding Subsections (1) (2) and (3) her ein, a candidate's expenditure of his or her personal fund s in the pursuit of his or her campaign shall not be a contribution for the purpose of this Subsection. 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 4(g) Election means any primary, general or special election for office, or for determining a question or issue prov ided by law. (h) Expenditure means: (l) any purchase or transfer of money, or anything of value; or promise or agreement to purchase or transfer money, or anything of value; or payment incurred or made; or the use o r consumption of a nonmonetary contribution for the purpose of: (A) influencing the nomination for election, or ele ction of any person seeking nomination for election, or e lection to office, whether or not the nomination papers have b een filed by himself or herself or, on his or her behalf; or (B) influencing the outcome of any question or

omination for election, or e lection to office, whether or not the nomination papers have b een filed by himself or herself or, on his or her behalf; or (B) influencing the outcome of any question or issu e which is to appear on the ballot at the next applic able election; or (C) use by any political party for the purposes set out in Subsection (A) or (B) above; (2) the payment, by any person other than a candida te or committee, of compensation for the personal service s of another person which are rendered to the candidate or commi ttee for any of the purposes mentioned in Subsections (h)(l)(A), (B) or (C) of this Section; or (3) the expenditure by a candidate of his or her ow n funds for the purposes set out in Subsections (h)(l)(A), (B) or (C) of this Section. (i) Newspaper means a publication of general circul ation issued once or more per month, which is written and publis hed on Guam. (j) Office means any elective public office, exclud ing federal elective offices. (k) Person means an individual, partnership, commit tee, association, or organization. (l) A candidate is directly opposed to another when the election of that other candidate could mean the non-election of the

means an individual, partnership, commit tee, association, or organization. (l) A candidate is directly opposed to another when the election of that other candidate could mean the non-election of the candidate in question. 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 5SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19101. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960, added by P.L. 14- 023 (May 3, 1977). Reenacted as 3 GCA § 16101 by P. L. 31-255:2 (Dec. 11, 2012). § 17102. Duties of Election Commission. The Election Commission shall supervise campaign co ntributions and expenditures, and its duties in regards to this Cha pter shall include, but not be limited to, the following: (a) to ascertain whether any candidate, committee, political party, or other person has failed to file a report require d by this Chapter or has filed a substantially defective or deficient report , and to notify the person(s) that their failure to file or filing of a substantially defective or deficient report shall be corrected and explained, the correction or explanation

or deficient report , and to notify the person(s) that their failure to file or filing of a substantially defective or deficient report shall be corrected and explained, the correction or explanation to be submitted in writing to the Commi ssion within a reasonable time after the notification of the defic iency or failure to file. The Election Commission shall make available a list of candidates, committees, and political parties who have failed t o correct their deficiency within the time allowed by the Election Commission. Failure to properly respond to the notification shall const itute a violation of this Chapter; (b) to develop and adopt reporting forms required by this Chapter; (c) to preserve all reports required by this Chapt er for at least five (5) years from the date of receipt; (d) to permit the inspection, copying or duplicatin g of any report required by this Chapter pursuant to rules adopted by the Election Commission for such purpose; provided, that no info rmation or copies from the reports shall be sold or used by any perso n for the purpose of soliciting contributions or for any commercial purp ose; (e) to investigate and hold public hearings for rec eiving

or copies from the reports shall be sold or used by any perso n for the purpose of soliciting contributions or for any commercial purp ose; (e) to investigate and hold public hearings for rec eiving evidence of any violations, and to summon witnesses before i t; (f) to request the initiation of prosecution for th e violation of any requirements of this Chapter; (g) to offer advisory opinions to interested person s regarding compliance with the requirements of this Chapter; a nd 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 6(h) to issue fines for any violations of this Chapt er. Any fines herein shall be deposited in the General Fund for t he use of the Guam Election Commission, subject to appropriation by I Liheslaturan Guåhan . A report of all fines shall be submitted quarterl y to I Maga’lahi and I Liheslaturan Guåhan . Schedule of fines will follow the Administrative Adjudication Act. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19102. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.1, added by P.L. 14-023 (May 3, 1977).

1986) as 3 GCA § 19102. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.1, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16102 by P.L. 31-255:2 (Dec. 11, 2012). § 17103. Filing of Reports. All reports required to be filed by this Chapter by a candidate or committees supporting a candidate with his consent shall be certified as correct by the candidate. All reports required to b e filed under this Chapter by a political party or any other committee shall b e certified correct by the party, or committee treasurer, or the deputy treasu rer, or the chairman, thereof, in that order. All reports required to be filed with the Election Commission shall be open for public inspection. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.2, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16103 by P.L. 31-255:2 (Dec. 11, 2012). § 17104. Death of Candidate Prior to Filing Reports .

ection was originally codified from GC § 2960.2, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16103 by P.L. 31-255:2 (Dec. 11, 2012). § 17104. Death of Candidate Prior to Filing Reports . If a candidate dies prior to the filing of his or h er final report, the campaign treasurer for the election committee of sa id candidate shall file a final report as required by § 17118. The treasurer shall note in the report that the candidate is deceased and that it will be the l ast report of the candidate’s status, even if there is a deficit or a surplus. SOURCE: Added by P.L. 22-109:11 (Apr. 1, 1994) as 3 GCA § 1 9103.1. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.3, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16104 by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 7§ 17105. Death of Candidate After Submitting Final Report. If a candidate passes away after a final report has been submitted to the Commission, but before a supplemental report is due regarding a deficit or surplus as provided in Subsections (c) and

Report. If a candidate passes away after a final report has been submitted to the Commission, but before a supplemental report is due regarding a deficit or surplus as provided in Subsections (c) and (d) of § 17118, the treasurer or authorized representative of the candidate shall fi le the supplemental report showing the status of the deficit or surplus and no te therein that the candidate is deceased and no further reports shall be forthcoming. SOURCE: Added by P.L. 22-109:12 (Apr. 1, 1994) as 3 GCA § 1 9103.2. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.4, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16105 by P.L. 31-255:2 (Dec. 11, 2012). § 17106. Registration. Each candidate, committee, and political party shal l file an organizational report no later than the earliest of the following applicable days: (a) on or before the day of filing for nomination o r election; (b) by the tenth (10th) day after receiving any con tributions for the next campaign in an aggregate amount of more than T wo Hundred Fifty Dollars ($250.00) or the making or incurring of any expenditure for the

enth (10th) day after receiving any con tributions for the next campaign in an aggregate amount of more than T wo Hundred Fifty Dollars ($250.00) or the making or incurring of any expenditure for the next campaign in excess of Two Hundred Fifty Dollar s ($250.00). SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19104. Subsection (b) amended by P.L. 27-161:1 (Dec. 30, 2004). Subse ction (b) repealed and reenacted by P.L. 28-150:V:32 (Sept. 30, 2006). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: This section was originally codified from GC § 2960.5, added by P.L. 14-023 (May 3, 1977). Reenacted as 3 GCA § 16105 by P.L. 31-255:2 (Dec. 11, 2012). § 17107. Organizational Reports. (a) The organizational report shall include: (l) the full name, address, office sought when kno wn, and party affiliation of each candidate or individual whom th e committee or party is supporting and the name and address of the commi ttee or party; (2) the full names and addresses of the campaign tr easurer and deputies; 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 8(3) the full names and addresses of the campaign ch airman and

es and addresses of the campaign tr easurer and deputies; 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 8(3) the full names and addresses of the campaign ch airman and deputy campaign chairman; (4) a list of all banks, safety deposit boxes, or o ther depositories used and the applicable account numbers; (5) the amount and date of deposit of the contribut ions and the name and address of each individual donor who has m ade a contribution of more than One Hundred Dollars ($100 .00), except for funds and contributions which may be reported in th e aggregate as indicated in § 17109 (b); and (6) in the case of a report by a committee or party supporting or opposing a ballot question or issue, all of the inf ormation described in Subsections (2) through (5) herein and a descriptio n of the question or issue. (b) Any change in information submitted in the orga nizational report other than in Subsection (a) (5) above, shall be re ported no later than the tenth (10th) day after the change or when the candi date, committee, party, or campaign treasurer, becomes aware of the change. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19105.

n the tenth (10th) day after the change or when the candi date, committee, party, or campaign treasurer, becomes aware of the change. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19105. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17108. Campaign Treasurer. (a) Every committee, political party, and candidate shall appoint a campaign treasurer on or before the day for filing an organizational report. Up to five (5) deputy campaign treasurers may be ap pointed. A candidate may appoint himself or herself as campaign treasure r. (b) A campaign treasurer may be removed at any time . In case of death, resignation, or removal of the campaign treasurer, the committee, party, or candidate shall promptly appoint a successor. Durin g the period the office of campaign treasurer is vacant, the candidate, commit tee chairman, or party chairman, whichever is applicable, shall serve as a campaign treasurer. (c) Each campaign treasurer shall be authorized to receive contributions or make expenditures on behalf of the candidate, co mmittee, or political party appointing him. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19106.

e authorized to receive contributions or make expenditures on behalf of the candidate, co mmittee, or political party appointing him. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19106. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 9§ 17109. Campaign Contributions in General. (a) All monetary contributions shall be promptly de posited in a financial depository duly authorized to do business on Guam, such as a bank, savings and loan institution, industrial loan compa ny, or similar financial institution, in the name of the candidate, committe e, or political party, whichever is applicable. (b) Each candidate, committee, or political party s hall establish and maintain an itemized record showing the amount of e ach monetary contribution, the description and value of each non monetary contribution, and the name and address of each donor making a con tribution of more than One Hundred Dollars ($100.00) in value, except fund s and contributions which may be reported in the aggregate as indicated in § 17111(b).

nd address of each donor making a con tribution of more than One Hundred Dollars ($100.00) in value, except fund s and contributions which may be reported in the aggregate as indicated in § 17111(b). (c) Each candidate and campaign treasurer shall rep ort the amount and date of each contribution and the name and address of each donor who makes a contribution or contributions whose value i s more than One Hundred Dollars ($100.00). (d) No candidate, committee or party may accept a c ontribution of more than Two Hundred Fifty Dollars ($250.00) in cash fr om a single person without issuing a receipt to the donor and keeping a record of the transaction. (e) Each candidate and political party shall disclo se the original source of all earmarked funds, the ultimate recipient of t he earmarked funds, and the fact that the funds are earmarked. (f) For purposes of this Section, 'earmarked funds' means contributions received by a committee or party on the condition t hat the funds be contributed to or expended only on certain candidat es, issues, or questions. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19107. Repealed and reenacted to this section by P.L. 31-255:2 (Dec .

uted to or expended only on certain candidat es, issues, or questions. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19107. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17110. Campaign Contributions: Restrictions Again st Transfer. (a) A candidate, campaign treasurer, or committee s hall not receive any contribution, make any expenditure, or receive or m ake any transfer of money or anything of value; (l) for any purpose other than those directly relat ed to: (A) in the case of the candidate, to his or her own campaign; 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 10 provided, that no expenditure shall be made for the benefit of any personal property of any candidate; or (B) in the case of a campaign treasurer or committe e, to the campaign of the candidate, question, or issue with which they are directly associated; or (2) to campaign against any other candidate not dir ectly opposing the candidate for whom the funds were collected or with whom the campaign treasurer or committee is directly associa ted, provided that a candidate, campaign treasurer, or committee may pur chase from its campaign fund not

the funds were collected or with whom the campaign treasurer or committee is directly associa ted, provided that a candidate, campaign treasurer, or committee may pur chase from its campaign fund not more than two (2) tickets for eac h testimonial or fundraising affair held by another candidate, commi ttee, or political party. (b) This Section shall not be construed to prohibit a political party from supporting more than one (1) candidate, or to prohi bit joint expenditure by two (2) or more candidates seeking election to mult iple offices whether the expenditures are equally or unequally incurred amon g such candidates; provided, that the allocation of expenditures betwe en the candidates is based upon reasonable objective standards. The political party or candidates, whichever is applicable, shall make the initial all ocation between candidates. If the allocation is disallowed by the Commission, and the allocation of expenditures is not corrected as prescribed by the GEC, the allocation found shall presume to be a transfer of funds in violatio n of this Section. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19108. Repealed and reenacted to this section by P.L.

llocation found shall presume to be a transfer of funds in violatio n of this Section. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19108. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17111. Limit on Anonymous Contributions. (a) No person shall make a contribution of his or h er own money or property or money of another person of more than On e Hundred Dollars ($100.00) to any candidate, political party or comm ittee in connection with a nomination for election, or election, anonymously; nor shall any candidate, political party, or committee knowingly receive, ac cept, or retain the contribution or enter or cause the same to be enter ed in its accounts as an anonymous contribution or in another name than that of the person who made the contribution. (b) This Chapter shall not apply to amounts that ag gregate less than Two Hundred Fifty Dollars ($250.00) when obtained t hrough multiple contributions made by ten (10) or more persons at t he same event, nor shall 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 11 it apply to money received from fund-raising or tes timonial dinners, functions, food sales,

he same event, nor shall 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 11 it apply to money received from fund-raising or tes timonial dinners, functions, food sales, raffles and fund-raising act ivities, the ticket or cost for which is not more than Twenty-Five Dollars ($25.00) per person or per ticket. Each such aggregate contribution shall be r eported accompanied by a description of the means, method, place, and date o f receipt. (c) Any anonymous contributions received by a candi date, political party, or committee and not allowed by this Section shall not be used or expended, but shall be returned to the donor. If th e donor cannot be identified, the contribution shall escheat to the g overnment of Guam. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19109. Amended by P.L. 27-161:4 (Dec. 30, 2004). Repealed and ree nacted by P.L. 28-150:V:32 (Sept. 30, 2006). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 17112. False Name. No person shall make any contributions of his own m oney or property or money of another person to any candidate, politi cal party, or committee in connection with a nomination for

17112. False Name. No person shall make any contributions of his own m oney or property or money of another person to any candidate, politi cal party, or committee in connection with a nomination for election, or elect ion, in any other name than the name of the person owning the money or who supplied the money or property. All contributions made in the name of a person other than the true or established name of the actual owner of the money or property shall escheat to the government of Guam. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19110. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17113. Limitation on Amount of Contributions. (a) No person shall make aggregate contributions in excess of One Thousand Dollars ($l,000.00) for any one (1) candid ate in any calendar year for any primary election, and no person shall make aggregate contributions in excess of One Thousand Dollars ($1,000) for any one (1) candidate in any general or special election. (b) It is unlawful for any bank or labor organizati on, whether or not authorized to do business on Guam, to make a contri bution or expenditure in connection with any election to any

ecial election. (b) It is unlawful for any bank or labor organizati on, whether or not authorized to do business on Guam, to make a contri bution or expenditure in connection with any election to any political offic e, or in any primary election. A corporation, whether or not authorized to do business on Guam, may purchase no more than Five Hundred Dollars ($50 0.00) worth of tickets for each fundraising dinner or function for any pol itical party or candidate, but not to exceed the aggregate contributions allow ed under Subsection (a) of this Section. Such corporate contributions shall be reported to the Election 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 12 Commission regardless of amount. Every bank, corpor ation, or labor organization which makes any contribution in violat ion of this Section shall be fined not more than Five Thousand Dollars ($5,00 0.00), and every officer or director of any bank, corporation, or labor orga nization as the case may be, and any person who accepts or receives any cont ribution in violation of this Section, shall be fined not more than One Thou sand Dollars ($l,000.00) or imprisoned no more than one (1) year,

may be, and any person who accepts or receives any cont ribution in violation of this Section, shall be fined not more than One Thou sand Dollars ($l,000.00) or imprisoned no more than one (1) year, or both. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19111. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17114. Campaign Expenditures: Authority Required. (a) A candidate may draw on the campaign treasurer for expenditures related to his or her campaign or political activit ies. The candidate shall make a detailed accounting of his campaign expendit ures and the accounting shall be made a part of the reports required in §§ 17116 and 17117 of this Chapter. The account shall state the amount and pur pose of the expenditures and other information required by the Election Comm ission, and shall be signed and certified by the campaign treasurer. (b) No funds shall be withdrawn or paid from a camp aign depository except on the written authorization of the campaign treasurer. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19112. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17115. Organizational Reports.

of the campaign treasurer. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19112. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17115. Organizational Reports. The candidate, party, or committee, when signing an y type of contract, shall provide the other party of the contract a cop y of its organizational report, stamped by the Guam Election Commission. Fa ilure to comply with this Section shall result in a fine of not less tha n One Thousand Dollars ($1,000.00) to both parties. SOURCE: Added by P.L. 27-161:6 (Dec. 30, 2004) as 3 GCA § 1 9112.2. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17116. Preliminary Reports. Each candidate, or authorized person in the case of a political party, or campaign treasurer in the case of a committee, shal l file a preliminary report with the Election Commission on forms provided by t he Election Commission not later than the tenth (10th) day prio r to each election or primary, as the case may be. The report shall be ce rtified pursuant to § 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 13 17103 of this Chapter and shall contain the followi ng

s the case may be. The report shall be ce rtified pursuant to § 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 13 17103 of this Chapter and shall contain the followi ng information, which is to be current through the fifteenth (15th) calendar day prior to the election or primary: (a) the aggregate sum of all contributions received ; (b) the amount and date of deposit of the contribut ion and the name and address of each donor who contributes an a ggregate of more than One Hundred Dollars ($100.00); (c) all expenditures made, incurred, or authorized by or for a candidate, including the name and address of each p ayee and the amount, date, and purpose of each expenditure; and (d) a current statement of the balance on hand or d eficit. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19113. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17117. Registration and Taxation of Campaign Fund s. Any political candidate, committee, or party, which raises contributions or other things of value for campaign or political purposes, shall not be required to register with the Department of Revenue and Taxation nor file any tax

ittee, or party, which raises contributions or other things of value for campaign or political purposes, shall not be required to register with the Department of Revenue and Taxation nor file any tax returns with the Department of Revenue and Taxation unless liable for the Territorial Income Tax. There shall be no b usiness privilege tax imposed on campaign contributions or money or thing s of value raised from fund-raising activities if later reported to the El ection Commission, whether or not required to do so under any provision of thi s Title. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19114. Amended pursuant to P.L. 29-002:VI:28 (May 18, 2007) which mandated that references in laws, documents and regulations to 'Gross Receipts Tax,' be changed to 'Business Privilege Tax.' Repealed and reenacted to this sec tion by P.L. 31-255:2 (Dec. 11, 2012). § 17118. Final and Supplemental Reports. (a) Each candidate whether or not successful in a p rimary or special primary election, or authorized person in the case of a party, or campaign treasurer in the case of a committee, shall file a final primary report not later than the tenth (10th) day after the primary or spec

lection, or authorized person in the case of a party, or campaign treasurer in the case of a committee, shall file a final primary report not later than the tenth (10th) day after the primary or spec ial primary election, certified pursuant to § 17103 of this Chapter. The report shall include: (l) a statement of the total contributions received ; 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 14 (2) the amount and date of deposit of the contribut ion, and the name and address of each donor who contributes more than One Hundred Dollars ($100.00); and (3) a statement of all expenditures made or incurre d by or for a candidate, including the name of each payee and the amount, date, and purpose of each expenditure. (b) Each candidate, or authorized person in the cas e of a committee, shall file a final general report with the Election Commission not later than the twentieth (20th) day after a general or special election, certified pursuant to § 17103 of this Chapter, and reporting all items prescribed in Subsection (a) of this Section. A candidate who is unsuccessfu l in a primary or special primary election need not file a final general repo rt.

of this Chapter, and reporting all items prescribed in Subsection (a) of this Section. A candidate who is unsuccessfu l in a primary or special primary election need not file a final general repo rt. (c) Deficit. In the event of a deficit, the candida te or authorized person in the case of a committee shall, every three (3) m onths until the deficit is eliminated, file a supplemental report, the first o f which shall be due not later than sixty (60) days following the election. (d) Surplus. In the event of a surplus, the candida te or authorized person in the case of a committee shall: (l) maintain the cash surplus in a financial deposi tory; and (2) every six (6) months, until he or she becomes a candidate again, file supplemental reports reporting all item s prescribed in Subsection (a) of this Section. The first report sh all be due not later than sixty (60) days after the election. (e) A candidate, party, or committee that receives no contributions or makes no expenditures shall nevertheless file preli minary, final, and supplemental reports as required by law. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19115. Repealed and reenacted to this section by P.L.

ll nevertheless file preli minary, final, and supplemental reports as required by law. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19115. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17119. Disposition of Funds. (a) All candidates who withdraw or cease to be cand idates, or committees directly associated with these candidate s, or persons who receive contributions but fail to file for nomination, or c ommittees or parties which discontinue their activities covered in this Chapte r, shall return any residual contributions to the political party of the person or candidate or to the 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 15 campaign committee of a person of the same party wh o is a candidate for the same office as the person who has ceased to receive contributions or to be a candidate. (b) Upon dissolution, the candidate or campaign tre asurer shall file a report with the Election Commission reporting the a mounts distributed under this Section and the manner of disposition. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19116. Repealed and reenacted to this section by P.L.

n reporting the a mounts distributed under this Section and the manner of disposition. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19116. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17120. Advertising. (a) No person shall cause or submit any advertiseme nt in support of a candidate to be published, broadcasted, televised, posted on-line, mass- mailed, canvassed, or otherwise circulated and dist ributed, except under the following conditions: (1) the advertisement shall contain a notice in a p rominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed , canvassed, or otherwise circulated with the approval and authorit y of the candidate; provided, that in the event that the literature or advertisement is paid for by a candidate or committee directly associated wit h a candidate, the notice of approval and authority need not be includ ed; or (2) the advertisement shall contain a notice in a p rominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed , canvassed or otherwise circulated

all contain a notice in a p rominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed , canvassed or otherwise circulated without the approval and autho rity of the candidate. (b) All advertisements mentioned in Subsection (a) above, and all other advertisements of a political nature, shall contain the true name and address of the candidate, committee, person or political pa rty paying for same. (c) In the case of video advertisements of a politi cal nature for any medium, the advertisement shall contain an audio st atement that identifies the candidate and states that the candidate either has approved the communication, or the communication is being circul ated without the approval and authority of the candidate. Such state ment shall be conveyed by the following: 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 16 (1) for approved communications, an unobscured, ful l-screen view of the candidate making the statement, or the candi date in voiceover, accompanied by a clearly identifiable photographic or similar image of the candidate; or (2) for non-approved communications, a

of the candidate making the statement, or the candi date in voiceover, accompanied by a clearly identifiable photographic or similar image of the candidate; or (2) for non-approved communications, a statement in voiceover that the communication is being circulated without the approval and authority of the candidate. (d) In advertisements of a political nature, such a pproval or non- approval statement shall also appear in writing at the end of the communication in a clearly readable typeface, with a reasonable degree of color contrast between the background and the print ed statement, for a period of at least four (4) seconds. (e) Every person who willfully causes, produces, pr ovides funding for, or assists in the production of a message of a poli tical nature which the person knows to be incorrect or purposefully mislea ding and in which a candidate, rather than an issue, is the target; or which is in violation of this § 17120, shall be subject to a civil penalty of not m ore than Five Thousand Dollars ($5,000) per each separately produced messa ge. (f) The penalty herein shall be deposited in the Ge neral Fund for the use of the Guam Election Commission, subject to appropr

an Five Thousand Dollars ($5,000) per each separately produced messa ge. (f) The penalty herein shall be deposited in the Ge neral Fund for the use of the Guam Election Commission, subject to appropr iation by I Liheslaturan Guåhan . A report of all penalties shall be submitted quar terly to I Maga’lahen Guåhan and I Liheslaturan Guåhan . SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19117. Amended by P.L. 31-057:2 (May 24, 2011). Repealed and reen acted to this section by P.L. 31- 255:2 (Dec. 11, 2012). § 17121. Complaints and Investigation. (a) Complaints of violations of this Chapter agains t any person shall be filed with the Election Commission. The complaint s hall be in writing, signed under oath by the complainant, and shall be notarized. (b) The Election Commission shall give notice of re ceipt of the complaint together with a copy of the complaint to the person cited and shall afford him or her an opportunity to address or othe rwise respond to the complaint. The GEC may also cause an investigation to be made of the complaint, pursuant to § 17102 of this Chapter. 073120133 GCA ELECTIONS CH.

an opportunity to address or othe rwise respond to the complaint. The GEC may also cause an investigation to be made of the complaint, pursuant to § 17102 of this Chapter. 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 17 (c) Upon hearing the response of the person cited, if he or she elects to respond to the complaint, and upon completion of an y investigation, the Election Commission shall make a prompt determinati on as to whether probable cause exists that a violation has been com mitted. (l) Any person who appears before the Election Comm ission shall have all of the rights, privileges, and responsibil ities of a witness appearing before the courts of Guam, and shall test ify under oath. (2) The Election Commission shall cause a record to be made of all proceedings pursuant to this Subsection. At the conclusion of proceedings concerning an alleged violation or upon receiving a report from its investigating officer, the Election Commis sion shall immediately begin deliberations and then proceed to determine by majority vote of the members whether probable cause exists that a violation has been committed.

fficer, the Election Commis sion shall immediately begin deliberations and then proceed to determine by majority vote of the members whether probable cause exists that a violation has been committed. (d) Until the determination of probable cause by th e Election Commission, all proceedings, including the filing o f the complaint, investigation, and hearing shall be confidential, u nless the person complained against, requests an open session. In th e event the Election Commission determines that probable cause does not exist, the complaint shall be dismissed and the entire records of the pr oceedings shall be kept confidential at the option of the person complained against. (e) The Election Commission shall give written noti ce to the person complained against and to the complainant as to whe ther probable cause of a violation exists or whether the complaint has been dismissed. (f) In the event a determination is made that proba ble cause of an unintentional violation exists, the Election Commis sion shall issue a confidential order that may require the violator to : (l) temporarily cease and desist violation of this Chapter; (2) file a report, statement, or other information as

ction Commis sion shall issue a confidential order that may require the violator to : (l) temporarily cease and desist violation of this Chapter; (2) file a report, statement, or other information as required by this Subsection; or (3) pay any fines assessed by the Commission. (g) The Commission shall refer matters to the Attor ney General when it finds that probable cause of willful violation exis ts. 073120133 GCA ELECTIONS CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES 18 (h) Proof of payment of any fines assessed by the C ommission shall be presented to the GEC within thirty (30) days of the assessment. The Guam Election Commission shall set fines for non-complia nce with this Title, and the Public Official Financial Disclosure Act. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19118. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). § 17122. Administrative Fines; Relief. (a) Any person willfully violating any provision of this Chapter shall, unless otherwise expressly stated, be punishable in the manner prescribed as follows: (1) if a natural person, that person shall be guilt y of a misdemeanor and shall be subject to fines and/or

hall, unless otherwise expressly stated, be punishable in the manner prescribed as follows: (1) if a natural person, that person shall be guilt y of a misdemeanor and shall be subject to fines and/or th e penalties specified therefore; or (2) if a corporation, organization or association, it shall be punishable by a fine not exceeding Ten Thousand Dol lars ($10,000.00) per offense and the penalties specified therefore; and (3) whenever a corporation, organization, or associ ation violates this Chapter, the violation shall be deemed to be a lso that of the individual directors, officers or agents of the cor poration, organization or association who have knowingly authorized, order ed or participated in any of the acts constituting the violation. (b) any person may sue for injunctive relief to com pel compliance with the Chapter. SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 GCA § 19119. Amended by P.L. 25-146:64 (May 27, 2000). Amended by P.L. 27-161:7 (Dec. 30, 2004). Repealed and reenacted by P.L. 28-150:V:32 (Sept. 3 0, 2006). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). ---------- 07312013