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3 GCA ELECTIONS CH. 2 ELECTION COMMISSION 1CHAPTER 2 ELECTION COMMISSION NOTE : Unless otherwise noted, all sections within this chapter were included in the original Government Code of Gu am enacted by P.L. 1-88 (Nov. 29, 1952), and repealed and reen acted by P.L. 7-164 (Aug. 28, 1964). During the Fifteenth Guam Le gislature, the Compiler announced that Title 3 - Elections had bee n added to the new, permanent Guam Code Annotated. See 4 Guam Sess. L. Introduction (Mar. 1981). § 2101. Election Commission: Composition; Removal o f Members; Chairperson; Quorum. § 2102. Executive Director: Appointment; Ex-offici o Secretary; Compensation. § 2103. Election Commission, Duties and Responsibil ities of; Audit Report; Rule-Making Authority. § 2104. Election Manual. § 2105. Same: Provisions of Forms. § 2106. Powers of the Commission. § 2107. Placement on Ballot. § 2108. Chamorro Registry; Advisory Board. § 2109. Guam Decolonization Registry; Advisory Boar d. § 2110. Detailed Budget Requests. § 2101. Election Commission: Composition; Remov al of Members; Chairperson; Quorum. (a) There is within, as an autonomous instrumentali ty and an independent commission of the government of Guam , the

2101. Election Commission: Composition; Remov al of Members; Chairperson; Quorum. (a) There is within, as an autonomous instrumentali ty and an independent commission of the government of Guam , the Election Commission. (b) The Commission shall consist of seven (7) memb ers, all of whom shall be eligible voters on the date of the ir appointment. (1) I Maga’lahen Guåhan (the Governor) shall appoint six (6) members from recommendations made by the recognized political parties of Guam. (2) Each of the recognized political parties, via a duly passed resolution, shall recommend an equal number of names to I Maga’lahen Guåhan and the six (6) members appointed by I Maga’lahen Guåhan shall be appointed so COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 2that the recognized political parties are equally r epresented. If at any time there are more than three (3) recogn ized political parties, the six (6) members appointed by I Maga’lahen Guåhan shall be appointed so that no more than two (2) of such members shall be members of th e same recognized political party. (3) One (1) member shall be selected and appointed by the six (6) members appointed by I Maga’lahen Guåhan .

ore than two (2) of such members shall be members of th e same recognized political party. (3) One (1) member shall be selected and appointed by the six (6) members appointed by I Maga’lahen Guåhan . The appointment of the seventh (7th) member of the Commission shall be ratified by at least four (4) m embers. (c) Each member shall serve for a term of two (2) years, or until his or her successor is duly qualified and ap pointed. (d) If a vacancy should occur on the Commission, s aid vacancy shall be filled for the remainder of the te rm only, and by the method originally prescribed for its appointmen t. (e) No member may be an elected official of the government nor a candidate or nominee for an electe d office within the government. (b) Each member of the Commission shall be paid in accordance with Title 5 GCA § 43104, Uniform Compen sation for Boards and Commissions. (c) Any appointed member may be removed for miscond uct in office by a resolution duly adopted by a vote of two-thirds (2/3) of the Members elected and serving in I Liheslaturan Guåhan . (1) At the written request via a duly passed resol ution of the state central committee of any political par ty that has recommended

2/3) of the Members elected and serving in I Liheslaturan Guåhan . (1) At the written request via a duly passed resol ution of the state central committee of any political par ty that has recommended the appointment of a member, I Maga’lahen Guåhan immediately shall remove such member from the Commission. (2) The seventh (7th) member chosen by the six (6) politically recommended members may be removed upon a vote by five (5) of the politically appointed membe rs. (3) Any vacancy resulting from the provisions of t his Subsection shall be filled as provided in Subsectio n (a) of COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 3this Section. (d) A majority of the members of the Commission sha ll constitute a quorum and no action of the Commission shall be authorized except upon a vote of four (4) of the me mbers. (e) By majority vote the Commission shall elect ann ually a Chairperson from among its members. The term of the Chairperson shall expire on the last day of March. SOURCE: GC § 2050. Repealed and reenacted by P.L. 11-202 ( Dec. 12, 1972). Codified as 3 GCA § 2101. Repealed and ree nacted by P.L. 25- 146:3 (June 12, 2000), P.L. 31-255:2 (Dec. 11, 2012 ).

March. SOURCE: GC § 2050. Repealed and reenacted by P.L. 11-202 ( Dec. 12, 1972). Codified as 3 GCA § 2101. Repealed and ree nacted by P.L. 25- 146:3 (June 12, 2000), P.L. 31-255:2 (Dec. 11, 2012 ). 2016 NOTE: Subsection designations were added/altered to adh ere to the Compiler’s codification and alpha-numeric schem es pursuant to authority granted by 1 GCA § 1606. § 2102. Executive Director: Appointment; Ex-officio Secretary; Compensation. (a) The Commission shall appoint an Executive Direc tor who shall administer the election laws of Guam and shall perform and discharge all of the powers, duties, pu rposes, functions and jurisdiction hereunder, or which here after by law may be vested in the Commission in accordance with the rules of the Commission, and subject to the right of appeal to the Commission. (b) The Executive Director shall be the ex-officio secretary for the Commission, but shall not be a voting membe r thereof. As such secretary, the Executive Director shall kee p the minutes of the Commission’s proceedings, preserve all repor ts made to it, keep a record of all examinations held under its di rection, and perform such other duties as the Commission shall p

e p the minutes of the Commission’s proceedings, preserve all repor ts made to it, keep a record of all examinations held under its di rection, and perform such other duties as the Commission shall p rescribe. (c) The Executive Director shall be a member of the unclassified service and shall receive an annual sa lary within a range of compensation to be prescribed by the Commi ssion in accordance with the laws of Guam. Said Executive D irector shall serve at the pleasure of the Commission; prov ided, however, that the Executive Director may not be rem oved unless that person’s removal is ratified by four (4) Commi ssion members. SOURCE: GC § 2050.1. Added by P.L. 11-202 (Dec. 12, 1972). COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 4Amended by P.L. 12-038 (July 27, 1973). Codified a s 3 GCA § 2102. Amended by P.L. 25-146:4 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 2103. Election Commission, Duties and Responsibil ities of; Audit Report; Rule-Making Authority. (a) The Commission shall have direct and immediate supervision over the municipal and district officia ls designated in accordance with the laws of Guam to perform duties relative to

aking Authority. (a) The Commission shall have direct and immediate supervision over the municipal and district officia ls designated in accordance with the laws of Guam to perform duties relative to the conduct of elections. The Commission may suspe nd from the performance of said duties any of said official s who fail to comply with its instructions, orders, decisions or rulings, and appoint substitutes; and the Commission shall remov e any such officials who have been found guilty of nonfeasance or misfeasance in connection with the performance of t heir duties relative to the conduct of elections. (b) The Commission shall designate such subordinate officers and employees as may be necessary for the efficient performance of its functions and duties, each of wh om, if not already employed by the government, shall receive a salary to be determined in accordance with the laws of Guam. (c) The Commission may retain one (1) or more atto rneys, who shall be admitted to practice before the courts of Guam, who shall advise the Commission and its Executive D irector on all legal matters pertaining to the Commission.

one (1) or more atto rneys, who shall be admitted to practice before the courts of Guam, who shall advise the Commission and its Executive D irector on all legal matters pertaining to the Commission. The designated counsel shall represent the Commission in litigatio n in which the Commission is interested or involved. The terms, c onditions and compensation of employment of any such attorney sha ll be determined by the Commission, and the attorney shal l serve at the pleasure of the Commission. (d) As early as is reasonably possible, but not lat er than June 30 in each odd-numbered year, the Commission s hall prepare and deliver an annual report to I Maga’låhen Guåhan , the Speaker of I Liheslaturan Guåhan , and the chairperson of the legislative committee with jurisdiction over matter s of elections, showing, with respect to the prior year: (1) recommendations of the Commission as to amendments or supplementation of laws affecting ele ctions COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 5or the office of the Commission; and (2) statistical information regarding the elections conducted during the prior year.

s affecting ele ctions COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 5or the office of the Commission; and (2) statistical information regarding the elections conducted during the prior year. (e) The Commission shall promulgate rules, pursuant to Title 5 GCA Chapter 9, necessary and convenient to carry out the provisions of this Title. (f) Relative to electronic voting machines, the Com mission shall: (1) determine, through extensive testing and development of comprehensive training procedures, t hat all duly authorized election officials stationed at all polling sites on each election day are properly trained to demonstrate, operate and monitor the operations of the machines; (2) develop an island-wide education program to inform and demonstrate to voters the proper use of such machines, and shall ensure such education program i s tested prior to an actual election day or days to determin e the education program’s effectiveness; (3) facilitate the conduct of tests to determine th e integrity of the machines with an independent entit y or organization as deemed appropriate by the Commissio n; and (4) provide the results and analysis of such testin g, training and education

th e integrity of the machines with an independent entit y or organization as deemed appropriate by the Commissio n; and (4) provide the results and analysis of such testin g, training and education required in this Subsection (e) to I Maga’lahen Guåhan and I Liheslaturan Guåhan , and wherever necessary shall promulgate rules as requir ed in Subsection (d) of this § 2103. SOURCE: GC § 2051. Amended by P.L. 11-202 (Dec. 12, 1972). Codified as 3 GCA § 2103. Amended by P.L. 25-146:5 (June 12, 2000). Subsection (e) added by P.L. 29-033:1 (Oct. 25, 200 7). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Subsect ion (c) amended by P.L. 33-148:5 (Apr. 15, 2016), recodified as (d) by the Compiler. 2016 NOTE: Subsection designations were added/altered to adh ere to the Compiler’s codification and alpha-numeric schem es pursuant to authority granted by 1 GCA § 1606. COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 6§ 2104. Election Manual. It shall be the duty and responsibility of the Comm ission to prepare an Election Manual of administrative proced ures, rules, regulations and forms to be used in the conduct of elections.

on Manual. It shall be the duty and responsibility of the Comm ission to prepare an Election Manual of administrative proced ures, rules, regulations and forms to be used in the conduct of elections. All manuals and publications shall be prepared pursuant to the Administrative Adjudication Law. The manual shall set forth the regulations to be followed by all election official s, as well as the descriptions of the necessary equipment and forms t o be used in election procedures. SOURCE: GC § 2052. Codified as 3 GCA § 2104. Amended by P .L. 25-146:6 (June 12, 2000). Repealed and reenacted b y P.L. 31-255:2 (Dec. 11, 2012). § 2105. Same: Provisions of Forms. The Commission shall provide all necessary forms as described in the Election Manual for the conduct of elections. SOURCE: GC § 2053. Codified as 3 GCA § 2105. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 2106. Powers of the Commission. (a) The Commission shall have the authority to summ on the parties or any relevant witnesses to a controversy pending before it, issue subpoenas duces tecum, and otherwise to t ake testimony in any investigation or hearing pending before it a nd delegate such power to any officer.

witnesses to a controversy pending before it, issue subpoenas duces tecum, and otherwise to t ake testimony in any investigation or hearing pending before it a nd delegate such power to any officer. Any controversy submitte d to the Commission shall be tried, heard and decided within ten (10) days, counted from the time the corresponding petit ion giving rise to said controversy is filed. The Commission s hall have the power to certify to the Superior Court of Guam for contempt. No witness fee shall be paid to a person subpoenaed in that person’s capacity as a government employee or agent of the Commission. (b) The Commission may sue and be sued in its name. (c) The Commission may take such action as is neces sary or appropriate to the carrying out of its powers and d uties as specified in this Title, or as may be otherwise imp osed upon the Commission by law. SOURCE: GC § 2054. Codified as 3 GCA § 2106. Amended by P .L. COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 725-146:7 (June 12, 2000). Repealed and reenacted b y P.L. 31-255:2 (Dec. 11, 2012). § 2107. Placement on Ballot.

3 GCA § 2106. Amended by P .L. COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 725-146:7 (June 12, 2000). Repealed and reenacted b y P.L. 31-255:2 (Dec. 11, 2012). § 2107. Placement on Ballot. (a) No person shall be placed on the ballot for ele ction to any public office unless the Commission has determi ned that said person has met the qualifications and submits all required documents for the office for which that person is a candidate. (b) The name of every candidate who has been certif ied shall be printed on or adjacent to the appropriate ballot. (c) The Commission shall determine the appropriate method of casting ballots, method of tabulating ballots, t he appropriate vote tabulating device, if such a device is to be u sed, and the form of ballot to be used in any election on Guam. (d) The Commission may authorize manual tabulation for all or part of ballots cast in any election. SOURCE: GC § 2055. Repealed by P.L. 11-202:5 (Dec. 12, 197 2). Reenacted by P.L. 12-149:2 (June 19, 1974). Codifi ed as 3 GCA § 2107. Amended by P.L. 25-146:8 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).

L. 11-202:5 (Dec. 12, 197 2). Reenacted by P.L. 12-149:2 (June 19, 1974). Codifi ed as 3 GCA § 2107. Amended by P.L. 25-146:8 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). 2016 NOTE: The last sentence of subsection (c) was codified as a new subsection (d) to adhere to the Compiler’s codifica tion and alpha-numeric schemes pursuant to authority granted by 1 GCA § 16 06. 2012 NOTE: Subsections (b) and (c) were previously codified as 3 GCA §§ 7103 (b) and (a), respectively. Repealed and ree nacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 2108. Chamorro Registry; Advisory Board. It shall be the responsibility of the Election Comm ission to administer the Chamorro Registry with the advice of the Chamorro Registry Advisory Board. It shall also be the duty of the Commission to approve the content of informatio nal materials issued by the Chamorro Registry Advisory Board.When a complaint is filed and heard before th e Chamorro Registry Advisory Board, the Commission shall serve as an appellate panel for any ruling rendered by the Cham orro Registry Advisory Board, and the Commission’s rulin g shall be final. COL5/19/20213 GCA ELECTIONS CH.

Board, the Commission shall serve as an appellate panel for any ruling rendered by the Cham orro Registry Advisory Board, and the Commission’s rulin g shall be final. COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 8SOURCE: Added by P.L. 23-103:3 (June 24, 1996). Repealed a nd reenacted by P.L. 31-255:2 (Dec. 11, 2012). § 2109. Guam Decolonization Registry; Advisory Boar d. It shall be the responsibility of the Election Comm ission to administer the Guam Decolonization Registry, with t he advice of the Decolonization Registry Advisory Board. It shal l also be the duty of the Commission to approve the content of al l materials relating to registration issued by the Decolonizati on Registry Advisory Board. When a complaint relating to regist ration is filed and heard before the Decolonization Registry Advisory Board, the Commission shall serve as an appellate p anel for any ruling rendered by the Decolonization Registry Advi sory Board, and the Commission’s ruling shall be final. SOURCE : Repealed and reenacted by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was originally codified from P.L.

tion Registry Advi sory Board, and the Commission’s ruling shall be final. SOURCE : Repealed and reenacted by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was originally codified from P.L. 31- 061:4 (May 24, 2011), entitled 'Detailed Budget Requests .' Reenacted as 3 GCA § 2110 by P.L. 31-255:2 (Dec. 11, 2012). § 2110. Annual Budgetary Appropriations. (a) The Executive Director of GEC shall submit an a nnual fiscal year budget to the Guam Election Commission for review and approval no later than January 31 of each calen dar year. (b) The Guam Election Commission shall review and approve a fiscal year budget necessary to meet all of the GEC’s statutory requirements and abide by all policies an d procedures set forth in this Title, and its rules and regulati ons. (c) GEC’s Executive Director shall submit the appro ved annual budget for each fiscal year, no later than a date prescribed by I Liheslaturan Guåhan , and shall include a detailed breakdown of the funding level necessary to meet al l of its statutory requirements and abide by all policies an d procedures set forth in its rules and regulations.

an , and shall include a detailed breakdown of the funding level necessary to meet al l of its statutory requirements and abide by all policies an d procedures set forth in its rules and regulations. (d) The annual Guam Election Commission budgetary appropriation approved by I Liheslaturan Guåhan , and signed into law by the Governor of Guam, shall be exempt f rom the Bureau of Budget and Management Research budgetary allotment control as generally provided in § 1303 o f Article 3, COL5/19/20213 GCA ELECTIONS CH. 2 ELECTION COMMISSION 9Chapter 1, Title 5, Guam Code Annotated. (e) The GEC may draw against its respective appropriations as needed to meet its obligations in accordance with a drawdown schedule that the GEC shall submit to the Director of Administration no later than October 31 of each fiscal year. If the GEC fails to submit its drawdow n schedule by October 31, the Director of Administration may with hold a drawdown request for the current fiscal year until such time the GEC submits its drawdown schedule for the entire fi scal year. The Director of Administration shall not, for any r eason, withhold any amount appropriated by I Liheslaturan Guåhan to the Guam Election

EC submits its drawdown schedule for the entire fi scal year. The Director of Administration shall not, for any r eason, withhold any amount appropriated by I Liheslaturan Guåhan to the Guam Election Commission. SOURCE: Added by P.L. 31-061:4 (May 24, 2011), as an uncodi fied permanent law. Codified by the Compiler as 3 GCA § 2109. Repealed and reenacted to this section by P.L. 31-255:2 (Dec . 11, 2012). Repealed and reenacted by P.L. 35-099:XII:24 (Sept. 15, 2020 ). --------- COL5/19/2021