3 GCA ELECTIONS CH. 6 CANDIDATES FOR OFFICE 1CHAPTER 6 CANDIDATES FOR OFFICE NOTE : Unless otherwise noted, all sections within this chapter were included in the original Government Code of Guam en acted by P.L. 1-088 (Nov. 29, 1952), and repealed and reenacted b y P.L. 7-164 (Aug. 28, 1964). During the Fifteenth Guam Legislat ure, 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). § 6101. Liheslaturan Guåhan (Guam Legislature), Description. § 6102. Terms of Office. § 6103. Qualifications of Members. § 6104. Candidacy: Disqualification of Election Off icials. § 6105. Person Eligible for Only One (1) Office. § 6106. Declaration by Sponsors. § 6107. Candidacy Decline. § 6108. Filing of Nominating Petitions. § 6109. Official Record of Candidacy. § 6110. Convicted Felons and Others Shall Not be Ca ndidates. § 6101. Liheslaturan Guåhan (Guam Legislature), Description. I Liheslaturan Guåhan shall be a unicameral body consisting of fifteen (15) Members who are elected at large an d as provided by law. SOURCE: GC § 2200. Amended by P.L. 13-152:1 (July 1, 1976). Codified as 3 GCA § 6101. n shall be a unicameral body consisting of fifteen (15) Members who are elected at large an d as provided by law. SOURCE: GC § 2200. Amended by P.L. 13-152:1 (July 1, 1976). Codified as 3 GCA § 6101. Amended by P.L. 16-121:1 (Dec. 23, 1982). Repealed and reenacted by P.L. 17-044:2 (Jan. 18, 1 984). Amended by P.L. 25-146:29 (June 12, 2000). Repealed and reena cted by P.L. 31-255:2 (Dec. 11, 2012). NOTE: This section was amended by an initiative certifie d by the Guam Election Commission on November 14, 1996 that was t o take effect with the 24th Guam Legislature. However, the 25th Guam Legislature amended this section pursuant to P.L. 25-146:29, and there is no substantive difference between the Initiative and the amendment made by the 25th Guam Legislature. § 6102. Terms of Office. Members of I Liheslaturan Guåhan (the Guam Legislature) COL4/6/20223 GCA ELECTIONS CH. 6 CANDIDATES FOR OFFICE 2shall be elected for terms of two (2) years. SOURCE: GC § 2201. Codified as 3 GCA § 6103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was added by P.L. be elected for terms of two (2) years. SOURCE: GC § 2201. Codified as 3 GCA § 6103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was added by P.L. 13-152:6 (July 1, 19 76) as GC § 2200.1, entitled 'Candidates Must Be Resident' and codified as 3 GCA § 6102. Repealed by P.L. 17-044:3 (Jan. 18, 19 84). § 6103. Qualifications of Members. No person shall be a Member of I Liheslaturan Guåhan (the Guam Legislature) who is not a citizen of the Unite d States, who has not attained the age of twenty-five (25) years, and who has not been domiciled in Guam for at least five (5) consec utive years immediately preceding the sitting of I Liheslatura (the Legislature) in which he or she seeks to qualify as a Member. SOURCE: GC § 2203. Codified as 3 GCA § 6105. Amended by P. L. 13- 187:41 (Sept. 2, 1976). Repealed and reenacted to t his section by P.L. 31- 255:2 (Dec. 11, 2012). 2012 NOTE : This section was originally codified from GC § 2201, entitled 'Terms of office .' Reenacted as 3 GCA § 6102 by P.L. 31-255:2 (Dec. 11, 2012). CROSS-REFERENCES: 3 GCA § 6110 (Convicted Felons and Others Shall Not be Candidates); 9 GCA § 82.15 (Forfeiture of tled 'Terms of office .' Reenacted as 3 GCA § 6102 by P.L. 31-255:2 (Dec. 11, 2012). CROSS-REFERENCES: 3 GCA § 6110 (Convicted Felons and Others Shall Not be Candidates); 9 GCA § 82.15 (Forfeiture of Office by Public Official). § 6104. Candidacy: Disqualification of Election Off icials. In the event a Commissioner of the GEC or any membe r of any precinct board of election becomes a candidate for office in any election, he or she shall automatically be disq ualified from further Guam Election Commission service, or precin ct board, which shall thereupon become vacant. SOURCE: GC § 2204. Codified as 3 GCA § 6106. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE : This section was originally codified from GC § 2202, entitled 'Ineligibility.' Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 6105. Person Eligible for Only One (1) Office. (a) No person shall be eligible for more than one ( 1) elective office to be filled in the same election. The term 'election' as used in this Section includes a general and a local elec tion held on the COL4/6/20223 GCA ELECTIONS CH. r more than one ( 1) elective office to be filled in the same election. The term 'election' as used in this Section includes a general and a local elec tion held on the COL4/6/20223 GCA ELECTIONS CH. 6 CANDIDATES FOR OFFICE 3same date, so as to prohibit a person from running for office in a local election and in a general election at the sam e time. (b) No person shall be eligible for an office to be filled in an election if sixty (60) days prior to the primary he or she is holding another elective office, the term of which will not expire on or prior to the date of commencement of the term of of fice for which he or she is running, with the exception of any ele ctive office for which a special election would be required in the e vent of a vacancy. SOURCE: GC § 2205. Amended by P.L. 9-142 (Feb. 15, 1968), P .L. 11- 214 (Dec. 29, 1972). Codified as 3 GCA § 6107. Re pealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). Subsection (b) amended by P.L. 32-129:3 (Feb. 10, 2014). 2012 NOTE : This section was originally codified from GC § 2203, entitled 'Same: qualifications of members.' Repealed and reenacted as 3 GCA § 6103 by P.L. 31-255:2 (Dec. 11, 2012). § 6106. 0, 2014). 2012 NOTE : This section was originally codified from GC § 2203, entitled 'Same: qualifications of members.' Repealed and reenacted as 3 GCA § 6103 by P.L. 31-255:2 (Dec. 11, 2012). § 6106. Declaration by Sponsors. A declaration of candidacy may be filed with the Commission by any five (5) registered voters of Gua m who jointly propose a candidate for I Liheslaturan Guåhan , or for any office, without the signature of that candidate. If the of fice to be filled is for a municipality or division thereof, only regist ered voters of the municipality or division concerned may so file a de claration of candidacy. SOURCE: GC § 2208. Codified as 3 GCA § 6110. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE : This section was originally codified from GC § 2204, entitled 'Candidacy: disqualification of election officials. ' Reenacted as 3 GCA § 6104 by P.L. 31-255:2 (Dec. 11, 2012). § 6107. Candidacy Decline or Acceptance. Any candidate for whom a declaration of candidacy h as been filed either by a political party or by sponsors ma y decline or accept to be a candidate by making known such decli nation or acceptance in writing to the r whom a declaration of candidacy h as been filed either by a political party or by sponsors ma y decline or accept to be a candidate by making known such decli nation or acceptance in writing to the Commission within two (2) workings days following the submission of nomination petitio n papers and all other required documents to the Commission by t he sponsor(s). COL4/6/20223 GCA ELECTIONS CH. 6 CANDIDATES FOR OFFICE 4SOURCE: GC § 2209. Codified as 3 GCA § 6111, entitled ' Candidacy Decline.' Repealed and reenacted to this section by P.L. 31-2 55:2 (Dec. 11, 2012). 2012 NOTE : This section was originally codified from GC § 2205, entitled 'Same: eligible for only one office.' Reenacted as 3 GCA § 6105 by P.L. 31-255:2 (Dec. 11, 2012). § 6108. Filing of Nominating Petitions. Notwithstanding any other provision of law, candida tes for I Liheslaturan Guåhan, offices of I Maga’låhen/Maga'hågan Guåhan [Governor] and I Sigundo Maga’låhen/Maga'hågan Guåhan [Lieutenant Governor], Washington Representative, Mayor and Vice Mayor, the Public Auditor and the At torney General shall file their nomination petition papers and all other required documents with the Commission no earlier t han one epresentative, Mayor and Vice Mayor, the Public Auditor and the At torney General shall file their nomination petition papers and all other required documents with the Commission no earlier t han one hundred sixty (160) days before the primary electio n, and no later than ninety (90) days before the primary election. Notwithstanding any other provision of law, candida tes for the Guam Education Board and the Consolidated Commi ssion on Utilities shall file their declarations of candidac y with the Commission no earlier than one hundred sixty (160) days before the general election, and no later than ninety (90) days before the general election. The Commission shall publish in a newspaper of gene ral circulation the names of all candidates and the off ices for which they have declared their candidacy after each filin g deadline. SOURCE: GC § 2210. Codified as 3 GCA § 6112, entitled ' Filing and Distribution of Petitions .' Amended by P.L. 18-030:51 (Feb. 19, 1986). Repealed and reenacted by P.L. 26-119:3 (Aug. 14, 2 002). Amended P.L. 28-128:5 (June 27, 2006). Repealed and reenacted t o this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 36-078:3 Feb. epealed and reenacted by P.L. 26-119:3 (Aug. 14, 2 002). Amended P.L. 28-128:5 (June 27, 2006). Repealed and reenacted t o this section by P.L. 31-255:2 (Dec. 11, 2012). Amended by P.L. 36-078:3 Feb. 9, 2022), effective Jan. 1, 2022 pursuant to P.L. 36-078:7 (F eb. 9, 2022). 2012 NOTE: This section was originally codified from GC § 2206, entitled ' Declaration of candidacy .' Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 6109. Official Record of Candidacy. The Commission, with which declarations of candidac ies and nominating petition papers are required to be filed , shall keep a COL4/6/20223 GCA ELECTIONS CH. 6 CANDIDATES FOR OFFICE 5record in which shall be entered the name of the ca ndidate or nominee, the title of the office, the party, if app licable, and time of filing. It shall maintain in its office, for a period of te n (10) years, all declarations and nominating papers filed in acc ordance with this Chapter. SOURCE: GC § 2217. Codified as 3 GCA § 6113. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was originally codified from GC § 2207, entitled ' Same: by political party .' Repealed by P.L. 31-255:2 (Dec. 11, 2012). ed to this section by P.L. 31-255:2 (Dec. 11 , 2012). 2012 NOTE: This section was originally codified from GC § 2207, entitled ' Same: by political party .' Repealed by P.L. 31-255:2 (Dec. 11, 2012). § 6110. Convicted Felons and Others Shall Not be Ca ndidates. Notwithstanding any other provision of law, all can didates for any elected public office, board or commission shall not have been convicted of a felony, and shall not have been convicted of a misdemeanor involving criminal sexual conduct or cr ime of moral turpitude. At the time of filing for candidacy with the Commis sion, a candidate shall submit: (a) a clearance from the Guam Police Department; (b) a clearance from the Judiciary of Guam; and (c) a signed affidavit attesting that the candidat e has not been convicted of a felony or misdemeanor, as descr ibed in this Section, in any state or territory of the Unit ed States, or foreign country. The cost for any clearance require d by this Section shall be borne by the person seeking the pu blic office. SOURCE: Added by P.L. 26-171:1 (Jan. 5, 2003) as 3 GCA § 6 114. Amended by P.L. 30-109:2 (Mar. 12, 2010), effective Apr. 1, 2010 pursuant to P.L. 30-109:3. Amended by P .L. eeking the pu blic office. SOURCE: Added by P.L. 26-171:1 (Jan. 5, 2003) as 3 GCA § 6 114. Amended by P.L. 30-109:2 (Mar. 12, 2010), effective Apr. 1, 2010 pursuant to P.L. 30-109:3. Amended by P .L. 30-134:1 (May 14 , 2010), effective retroactively to Apr. 1, 2010 pursuant to P.L. 30-1 34:2. 2012 NOTE : This section was originally codified from GC § 2208, entitled 'Same: by sponsors.' Reenacted as 3 GCA § 6106 by P.L. 31- 255:2 (Dec. 11, 2012). --------- COL4/6/2022
Guam Legal Code