Chapter 8

3 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 1 CHAPTER 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES NOTE : Unless otherwise noted, all sections within this chapter were included in the original Government Code of Guam enacted by P.L . 1-088 (Nov. 29, 1952), and repealed and reenacted by P.L. 7-164 (Aug. 28, 1964). During the Fifteenth Guam Legislature, the Compiler announced that Title 3 - Elections had been added to the new, permanent Guam Code Annotated. See 4 Guam Sess. L. Introduction (Mar. 1981). Article 1. General Provisions. Article 2. Dishonesty and Fraud in Elections. Article 3. Ballot Related Offenses. Article 4. Election Officers. Article 5. Other Provisions. ARTICLE 1 GENERAL PROVISIONS § 8101. Application of Chapter. § 8102. Willful Violation of Election Laws. § 8103. Disqualification. § 8104. Complaints. § 8101. Application of Chapter. All the provisions of this Chapter apply to every e lection in Guam. SOURCE : GC § 2335. Codified as 3 GCA § 8130; at the time of codification, the Compiler recognized GC § 2328 contained identical w ording. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

§ 2335. Codified as 3 GCA § 8130; at the time of codification, the Compiler recognized GC § 2328 contained identical w ording. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-23 37, was entitled 'Election Campaigns and Campaign Offenses .' This section was repealed by P.L. 18- 30:53 (Feb. 19, 1986). § 8102. Willful Violation of Election Laws. Any person who willfully violates any provision of any law on Guam relating to any election, unless a different classi fication is prescribed by this Title, is guilty of a misdemeanor. SOURCE: GC § 2701. Amended by P.L. 13-187:48 (Sept. 2, 197 6). Codified as 3 GCA § 14102. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 22012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-23 37, was entitled 'Election Campaigns and Campaign Offenses .' This section was repealed by P.L. 18- 30:53 (Feb. 19, 1986). § 8103. Disqualification. Any candidate convicted for any violation under the provisions of this Chapter is disqualified from holding the office for which he was a

by P.L. 18- 30:53 (Feb. 19, 1986). § 8103. Disqualification. Any candidate convicted for any violation under the provisions of this Chapter is disqualified from holding the office for which he was a candidate or nominee at the time of violating the provisions aforesaid. SOURCE: GC § 2334. Codified as 3 GCA § 8129. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-23 37, was entitled 'Election Campaigns and Campaign Offenses .' This section was repealed by P.L. 27- 108:2 (Oct. 27, 2004). § 8104. Complaints. Any person who alleges or claims a violation of any provision of this Chapter has occurred may file a complaint with the Commission. The Commission shall expeditiously investigate the matt er in accordance with § 2106 of Chapter 2 of this Title. Whenever any pers on, in the judgment of the majority of Commission members, has engaged in any acts or practices which constitute a violation of this Chapter, the C ommission shall refer the record of said investigation to the Attorney Genera l of Guam, who shall institute a criminal prosecution, and, in the event the person is convicted of the violation

, the C ommission shall refer the record of said investigation to the Attorney Genera l of Guam, who shall institute a criminal prosecution, and, in the event the person is convicted of the violation prior to the election in question, th e Commission shall strike his or her name from the ballot. In the event the pers on is convicted of the violation subsequent to the election in question an d was elected to the office for which he or she was a candidate, the Attorney G eneral shall take necessary civil action to effect the candidate’s di squalification from office. SOURCE: GC § 2337. Added by P.L. 12-144:22 (June 10, 1974) . Codified as 3 GCA § 8132. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 2012 NOTE: Chapter 8 of the Government Code (1970), §§ 2300-23 37, was entitled 'Election Campaigns and Campaign Offenses .' This section was repealed by P.L. 18- 30:53 (Feb. 19, 1986). ---------- 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 3ARTICLE 2 DISHONESTY AND FRAUD IN ELECTIONS § 8201. Bribery. § 8202. Payment of Value to Induce Candidate to Wi thdraw. § 8203. Unlawful Registration as Crime. § 8204.

CAMPAIGN AND CAMPAIGN OFFENSES 3ARTICLE 2 DISHONESTY AND FRAUD IN ELECTIONS § 8201. Bribery. § 8202. Payment of Value to Induce Candidate to Wi thdraw. § 8203. Unlawful Registration as Crime. § 8204. Receipt of Value: To Vote or Not Vote. § 8205. To Vote or Aid in Securing Nomination for Another. § 8206. Payment to Promote Election. § 8207. Promising Appointment to Office. § 8208. Communication of Promise. § 8209. Adding or Removing Votes; Altering Returns . § 8210. Illegally Influencing Voter. § 8211. Intimidation of Voters. § 8212. Wrongful Interference With Voting. § 8213. Unlawful Influence by Employer. § 8214. Deceiving Illiterate Voter. § 8215. Aiding and Abetting Unlawful Voting. § 8216. Fraudulent Voting. § 8217. Giving, Offering or Receiving Bribe. § 8218. Payment of Value: To Vote, Not Vote or Re ward for Same. § 8219. Receipt of Value: To Procure Election or Vote. § 8201. Bribery. Any person who offers any bribe or makes promise of gain, or with knowledge of the same, permits any person to offer any bribe or make any promise of gain for that person’s benefit, to any v oter to induce that person to sign an election paper, and any person who accep ts any bribe or promise

ts any person to offer any bribe or make any promise of gain for that person’s benefit, to any v oter to induce that person to sign an election paper, and any person who accep ts any bribe or promise of gain of any kind as consideration for signing th e same, whether the bribe or promise of gain be offered or accepted before or after signing, shall be guilty of a felony of the third degree. SOURCE: GC § 2951. Added by P.L. 10-151 (June 24, 1970). A mended by P.L. 13- 187:59 (Sept. 2, 1976). Codified as 3 GCA § 16602. Amended by P.L. 25-146:60 (June 12, 2000). Repealed and reenacted to this se ction by P.L. 31-255:2 (Dec. 11, 2012). § 8202. Payment of Value to Induce Candidate to Wit hdraw. A person shall not, directly or indirectly, by hims elf or herself or through any other person or persons, advance or pay , or cause to be paid, any 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 4money or other valuable offer to, or, for the use o f any other person, in consideration of a person withdrawing as a candidat e for a public office. Any person who violates this provision is guilty of a felony. SOURCE : GC § 2326. Codified as 3 GCA § 8122.

other person, in consideration of a person withdrawing as a candidat e for a public office. Any person who violates this provision is guilty of a felony. SOURCE : GC § 2326. Codified as 3 GCA § 8122. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8203. Unlawful Registration as Crime. Any person who willfully causes, procures or allows himself or herself or any person to be registered as a voter, knowing himself or herself or the other person not to be entitled to registration, is guilty of a felony of the third degree. SOURCE: GC § 2060, added by P.L. 12-149 (June 19, 1974). Am ended by P.L. 13- 187:40 (Sept. 2, 1976). Codified as 3 GCA § 3108. Repealed and reenacted by P.L. 22-109:2 (Apr. 1, 1994). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8204. Receipt of Value: To Vote or Not Vote. A person shall not, directly, by himself or herself or through any other person, receive, agree or contract for, before or d uring an election, any money, gift, loan or other valuable consideration, office, place or employment, for himself or herself or any other per son, for: (a) voting or agreeing not to vote; (b) coming to or agreeing to

any money, gift, loan or other valuable consideration, office, place or employment, for himself or herself or any other per son, for: (a) voting or agreeing not to vote; (b) coming to or agreeing to come to the polls; (c) refraining or agreeing to refrain from voting; (d) voting or agreeing to vote for any particular p erson; (e) refraining or agreeing to refrain from voting, for any particular person; and (f) inducing any other person to: (1) vote or refrain from voting; (2) vote or refrain from voting for any particular person; and (3) come to or remain away from the polls. Any person who violates any part of this provision is guilty of a felony. SOURCE : GC § 2321. Codified as 3 GCA § 8117. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 5§ 8205. To Vote or Aid in Securing Nomination for A nother. A person shall not, directly or indirectly, by hims elf or herself or through any other person, give or receive any money or other valuable offer, before, during or after an election because he or a ny other person either: (a) voted to secure the election or endorsement of any other person

son, give or receive any money or other valuable offer, before, during or after an election because he or a ny other person either: (a) voted to secure the election or endorsement of any other person as the nominee or candidate of any convention, orga nized assemblage of electors or voters, or other body representing o r claiming to represent a political party or principal, or any club, societ y or association; or (b) aided in securing the selection or endorsement of any other person as a nominee or candidate as provided in Sub section (a) of this Section. Any person who violates any part of this provision is guilty of a felony. SOURCE: GC § 2322. Codified as 3 GCA § 8118. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8206. Payment to Promote Election. Any person who, with the intent to promote the elec tion of himself or herself or any other person, furnishes or engages t o pay or deliver any money or property for any purposes intended to promote th e election of any nominee or candidate, except as to the expenses of holding and conducting public meetings for the discussion of questions, an d of printing and circulating handbills and other papers

election of any nominee or candidate, except as to the expenses of holding and conducting public meetings for the discussion of questions, an d of printing and circulating handbills and other papers prior to an election, is guilty of a misdemeanor. SOURCE: GC § 2329. Codified as 3 GCA § 8124. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8207. Promising Appointment to Office. Any person, who being a nominee or candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any pe rson to vote for or to procure, or aid in procuring, the election of any n ominee or candidate, is guilty of a misdemeanor. SOURCE: GC § 2330. Codified as 3 GCA § 8125. Repealed and r eenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 6§ 8208. Communication of Promise. Every person is guilty of a misdemeanor who communi cates any offer made in violation of the preceding § 8207 to any pe rson with intent to induce him or her to vote for, or to procure or aid in procuring the election of, the nominee or

or who communi cates any offer made in violation of the preceding § 8207 to any pe rson with intent to induce him or her to vote for, or to procure or aid in procuring the election of, the nominee or candidate making the offer. SOURCE: GC § 2331. Codified as 3 GCA § 8126. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8209. Adding or Removing Votes; Altering Returns. Every person who willfully adds to or subtracts fro m the votes actually cast at an election in any official or unofficial r eturns, or who alters the returns, is guilty of a felony. SOURCE: GC § 2704. Amended by P.L. 13-187:51 (Sept. 2, 1976 ). Codified as 3 GCA § 14105. Repealed and reenacted to this sectio n by P.L. 31-255:2 (Dec. 11, 2012). § 8210. Illegally Influencing Voter. Any person who, by force, threat, menace, bribery o r any corrupt means, either directly or indirectly, attempts to i nfluence any voter in giving his or her vote, or to deter him or her from giving it, or attempts by any means to threaten, restrain, hinder, or disturb any voter in the exercise of the right of suffrage, is guilty of a felony. SOURCE: GC § 2707. Codified as 3 GCA § 14107.

giving it, or attempts by any means to threaten, restrain, hinder, or disturb any voter in the exercise of the right of suffrage, is guilty of a felony. SOURCE: GC § 2707. Codified as 3 GCA § 14107. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8211. Intimidation of Voters. Any person, association or corporation who, directl y or indirectly, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens the infliction, directly or i ndirectly, any injury, damage, harm or loss, or in any manner practices intimidati on upon or against any person in order to induce or compel that person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person at any election or because any person voted or refrain ed from voting at any election, is guilty of a felony of the third degree . SOURCE: GC § 2708, entitled ' Illegally influencing voter .' Codified as 3 GCA § 14108, entitled ' Intimidation of Voters .' Amended by P.L. 25-146:51 (June 12, 2000). Repealed and reenacted to this section by P.L. 31- 255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH.

as 3 GCA § 14108, entitled ' Intimidation of Voters .' Amended by P.L. 25-146:51 (June 12, 2000). Repealed and reenacted to this section by P.L. 31- 255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 7§ 8212. Wrongful Interference With Voting. Any person, association or corporation who, by abdu ction, duress or any forcible or fraudulent device or contrivance wh atsoever, impedes, prevents or otherwise interferes with the free exer cise of the elective franchise by any voter, or who compels, induces or prevails through any forcible or fraudulent means upon any voter either to give or refrain from giving that person’s vote at any election, or to gi ve or refrain from giving that person’s vote to any particular person or init iative, referendum or legislative submission at any election, is guilty o f a felony of the third degree. SOURCE: GC § 2709. Codified as 3 GCA § 14109. Amended by P. L. 25-146:52 (June 12, 2000). Repealed and reenacted to this sec tion by P.L. 31-255:2 (Dec. 11, 2012). § 8213. Unlawful Influence by Employer. Any employer, whether a corporation, association or a natural person, who within ninety (90) days of any election

is sec tion by P.L. 31-255:2 (Dec. 11, 2012). § 8213. Unlawful Influence by Employer. Any employer, whether a corporation, association or a natural person, who within ninety (90) days of any election display s or otherwise exhibits in any workplace under his or her control or managemen t any handbill or placard containing any threat, notice or informatio n that in case any particular ticket of a political party or organizat ion or candidate is elected, work in the employer’s place or establishment will be closed or the salaries or wages of the employees will or may be reduced, o r makes or communicates other threats, express or implied, int ended or calculated to influence the political opinions or actions of the employees, is guilty of a misdemeanor. SOURCE: GC § 2711. Codified as 3 GCA § 14111. Amended by P .L. 25-146:53 (June 12, 2000). Repealed and reenacted to this sec tion by P.L. 31-255:2 (Dec. 11, 2012). § 8214. Deceiving Illiterate Voter. Any person who furnishes any blind or illiterate vo ter with a ballot, informing or giving that voter to understand that i t contains a name written or printed thereon that is different from the name which is written or printed thereon,

illiterate vo ter with a ballot, informing or giving that voter to understand that i t contains a name written or printed thereon that is different from the name which is written or printed thereon, or, defrauds any voter at any election by deceiving and causing that person to vote for a different person for any offic e other than for whom the voter intended or desired to vote, is guilty of a f elony of the third degree. SOURCE: GC § 2713. Codified as 3 GCA § 14113. Amended by P. L. 25-146:55 (June 12, 2000). Repealed and reenacted to this sec tion by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 8§ 8215. Aiding and Abetting Unlawful Voting. Any person who procures, assists, counsels or advis es another to give or offer that person’s vote at any election, knowing t hat the person is not qualified to vote, is guilty of a misdemeanor. SOURCE: GC § 2716. Codified as 3 GCA § 14116. Amended by P .L. 25-146:58 (June 12, 2000). Repealed and reenacted to this sec tion by P.L. 31-255:2 (Dec. 11, 2012). § 8216. Fraudulent Voting. Any person who: (a) not being entitled to vote at an election, vote s or fraudulently attempts to vote at

d and reenacted to this sec tion by P.L. 31-255:2 (Dec. 11, 2012). § 8216. Fraudulent Voting. Any person who: (a) not being entitled to vote at an election, vote s or fraudulently attempts to vote at that election is guilty of a fe lony of the third degree; (b) being entitled to vote, attempts to vote more t han once at the same election is guilty of a felony of the third de gree; (c) impersonates or attempts to impersonate a voter is guilty of a felony of the third degree; or (d) votes or attempts to vote while knowing that th e person is registered to vote in a jurisdiction other than Gua m, is guilty of a felony of the third degree. SOURCE: GC § 2717. Amended by P.L. 13-187:58 (Sept. 2, 1976 ). Codified as 3 GCA § 14117. Amended by P.L. 25-146:59 (June 12, 2 000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8217. Giving, Offering or Receiving Bribe. Any person who: (a) gives or offers a bribe to any officer or membe r of any legislative caucus, political convention, committee or political gathering of any kind held for the purpose of nominating cand idates for offices of honor, trust or profit on Guam with intent to influ ence the person to whom

ical convention, committee or political gathering of any kind held for the purpose of nominating cand idates for offices of honor, trust or profit on Guam with intent to influ ence the person to whom the bribe is given or offered to be more favor able to one (1) candidate than another is guilty of a felony of the third degree; or (b) being a member of any of the entities outlined in Subsection (a), receives or offers to receive any such bribe, is guilty of a felony of the third degree. 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 9SOURCE: GC § 2712. Codified as 3 GCA § 14112. Amended by P.L. 25-146:54 (June 12, 2000). Repealed and reenacted to this se ction by P.L. 31-255:2 (Dec. 11, 2012). § 8218. Payment of Value: To Vote, Not Vote or Rewa rd for Same. A person shall not, directly or indirectly, by hims elf or herself or through any other person pay, lend or contribute or offer or promise to pay, lend or contribute, any money or other valuable con sideration to or for any voter, or to or for any other person, to either: (a) induce a voter to: (1) vote or refrain from voting at any election; (2) vote or refrain from voting at any election for any

deration to or for any voter, or to or for any other person, to either: (a) induce a voter to: (1) vote or refrain from voting at any election; (2) vote or refrain from voting at any election for any particular person; (3) come to the polls at an election; or (4) remain away from the polls at an election; or (b) reward a voter for having either: (1) voted; (2) refrained from voting; (3) voted for any particular person; (4) refrained from voting for any particular person ; (5) come to the polls at an election; or (6) remain away from the polls at an election. SOURCE : GC § 2323. Codified as 3 GCA § 8119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8219. Receipt of Value: To Procure Election or Vo te. A person shall not, directly or indirectly, by hims elf or herself or through any other person procure, engage, promise o r endeavor to procure, in consequence of any gift, loan, offer, promise, p rocurement or agreement, the election of any person, or the vote of any vote r at an election. SOURCE: GC § 2324. Codified as 3 GCA § 8120. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). ---------- 073120133 GCA ELECTIONS CH.

or the vote of any vote r at an election. SOURCE: GC § 2324. Codified as 3 GCA § 8120. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). ---------- 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 10 ARTICLE 3 BALLOT RELATED OFFENSES § 8301. Adding to Ballots in Box. § 8302. Adding Ballots During Count. § 8303. Taking or Destroying Ballots. § 8304. Delivery of Other Than Received Ballot Pro hibited. § 8305. Two (2) or More Ballots Deposited. § 8306. Neglect or Failure to Return Ballot. § 8307. Forging or Counterfeiting Returns. § 8308. Unlawful Acts as to Poll List, Ballots an d Ballot Boxes. § 8301. Adding to Ballots in Box. Any person who changes or attempts to alter any bal lot after it has been deposited in the ballot box, or adds, or attempts t o add, any ballot to those legally polled at any election, by fraudulent place ment of a ballot into the ballot box either before or after ballots have been counted is guilty of a felony. SOURCE: GC § 2524, entitled ' Penalty: adding to ballots in box .' Repealed and reenacted by P.L. 11-209:27 (Dec.

he ballot box either before or after ballots have been counted is guilty of a felony. SOURCE: GC § 2524, entitled ' Penalty: adding to ballots in box .' Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2517, entitled ' Penalty: adding to ballots in box .' Codified as 3 GCA § 11117. Repealed and reenacte d to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8302. Adding Ballots During Count. Any person who adds or aids to add to, or mixes wit h or attempts to add to or mix with the ballots lawfully polled, any oth er ballots with intent to change the result of an election is guilty of a fel ony. SOURCE: GC § 2525. Repealed and reenacted by P.L. 11-209:27 (Dec. 22, 1972) as GC § 2518. Codified as 3 GCA § 11118. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8303. Taking or Destroying Ballots. Any person who carries away or destroys, or attempt s to carry away or destroy, any poll list or ballot, or ballot box for the purpose of preventing, affecting the result of, or invalidating any electi on, or willfully detains, mutilates or destroys any election return, is guilt y of a felony. SOURCE: GC § 2526. Repealed and reenacted by P.L.

ing, affecting the result of, or invalidating any electi on, or willfully detains, mutilates or destroys any election return, is guilt y of a felony. SOURCE: GC § 2526. Repealed and reenacted by P.L. 11-209:2 7 (Dec. 22, 1972) as GC § 2519. Codified as 3 GCA § 11119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 11 § 8304. Delivery of Other Than Received Ballot Proh ibited. A voter shall not deliver to the precinct board, or to any of its members, or deposit in the ballot box any ballot other than the one he or she has received from the member authorized by law to furni sh the ballot. Violation of this Section shall constitute a felony. SOURCE: GC § 2394. Codified as 3 GCA § 9140. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8305. Two (2) or More Ballots Deposited. Any person who knowingly deposits or attempts to de posit in any ballot box two (2) or more of the same ballot, is guilty o f a felony. SOURCE: GC § 2395. Amended by P.L. 11-209:11 (Dec. 22, 197 2). Codified as 3 GCA § 9141. Repealed and reenacted to this section by P.L. 31-255:2 (Dec.

more of the same ballot, is guilty o f a felony. SOURCE: GC § 2395. Amended by P.L. 11-209:11 (Dec. 22, 197 2). Codified as 3 GCA § 9141. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8306. Neglect or Failure to Return Ballot. Any person who, having procured an official ballot, willfully neglects or fails to cast or return the same in the manner a s provided for in this Title, shall, unless otherwise provided, be guilty of a vi olation and be fined an amount not to exceed One Hundred Dollars ($100.00). Any person who applies for an absent voter’s ballot and willfully neglects or fails to return the same shall also be deemed to have committed such an offense on Guam, and shall be guilty of a violation and be fined an amou nt not to exceed One Hundred Dollars ($100.00). SOURCE: GC § 2477. Amended by P.L. 13-187:46 (Sept. 2, 1976 ). Codified as 3 GCA § 10127. Repealed and reenacted to this sectio n by P.L. 31-255:2 (Dec. 11, 2012). § 8307. Forging or Counterfeiting Returns. Every person is guilty of a felony who willfully su bstitutes forged or counterfeited election ballot returns in the place of true, official returns for a precinct where an election is

iting Returns. Every person is guilty of a felony who willfully su bstitutes forged or counterfeited election ballot returns in the place of true, official returns for a precinct where an election is held. SOURCE: GC § 2703. Amended by P.L. 13-187:50 (Sept. 2, 1976 ). Codified as 3 GCA § 14104. Repealed and reenacted to this sectio n by P.L. 31-255:2 (Dec. 11, 2012). § 8308. Unlawful Acts as to Poll List, Ballots and Ballot Boxes. Every person is guilty of a felony who: (a) aids in changing or destroying any poll list or official ballot; or 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 12 (b) aids in wrongly placing any ballot in the box, or taking any therefrom; or (c) adds, or attempts to add, any ballots to those legally polled at any election by fraudulently placing them into the ballot box, either before or after the ballots therein have been count ed; or (d) adds to or mixes with, or attempts to add to or mix with the ballots polled, any other ballots while tabulation is in progress or canvassed, or at any other time, with intent to cha nge the result of the election, or aids and knowingly allows another to d o so without effort to prevent or to

s while tabulation is in progress or canvassed, or at any other time, with intent to cha nge the result of the election, or aids and knowingly allows another to d o so without effort to prevent or to report the illegal act; or (e) carries away or destroys, or knowingly allows a nother to carry away or destroy, any poll list, ballot box or ballo ts lawfully polled. SOURCE: GC § 2706. Amended by P.L. 13-187:53 (Sept. 2, 1976 ). Codified as 3 GCA § 14106. Repealed and reenacted to this sectio n by P.L. 31-255:2 (Dec. 11, 2012). ---------- ARTICLE 4 ELECTION OFFICERS § 8401. Prohibited Acts by Officers. § 8402. Offenses by Officers. § 8403. Interference With Board, Commission or Vo ters. § 8404. Failure to Act as Precinct Board Member. § 8405. Fraud. § 8406. Unlawful Influence of Voters by Election Officers. § 8407. Acting Without Authority. § 8408. Penalties for Acts or Omissions. § 8401. Prohibited Acts by Officers. Every precinct official of a precinct board is guil ty of a misdemeanor who: (a) attempts to find out any candidate’s name voted for on the ballot; or 073120133 GCA ELECTIONS CH.

ed Acts by Officers. Every precinct official of a precinct board is guil ty of a misdemeanor who: (a) attempts to find out any candidate’s name voted for on the ballot; or 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 13 (b) except as otherwise authorized by this Title, e xamines, exhibits or discloses the ballot choice or choices of any vo ter; or (c) makes or places any mark or device mark on any ballot with a view of ascertaining the name of any person for who m the voter has voted; or (d) opens or permits to be opened the ballot box du ring the time of voting. SOURCE: GC § 2401. Amended by P.L. 12-149:18 (June 19, 1974 ). Codified as 3 GCA § 9147. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8402. Offenses by Officers. Any precinct board member, Commission member, or ot her election official charged with any duty prescribed by this C hapter who refuses or neglects to perform any such duty, or violates any of the provisions of this Chapter, shall be guilty of a petty misdemeanor, un less otherwise specified. SOURCE: GC § 2478. Amended by P.L. 13-187:47 (Sept. 2, 1976 ). Codified as 3 GCA § 10128.

s any of the provisions of this Chapter, shall be guilty of a petty misdemeanor, un less otherwise specified. SOURCE: GC § 2478. Amended by P.L. 13-187:47 (Sept. 2, 1976 ). Codified as 3 GCA § 10128. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8403. Interference with Precinct Board, Commissio n or Voters. Every person who in any manner so interferes with t he precinct board, or the Commission or any members thereof, holding a n election or conducting a canvass, or with the voters lawfully e xercising their right of voting at an election, as to prevent or attempt to prevent the election or canvass from being fairly held and lawfully conduct ed, is guilty of a felony. SOURCE: GC § 2527. Repealed and reenacted by P.L. 11-209:2 7 (Dec. 22, 1972) as GC § 2520. Codified as 3 GCA § 11120. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8404. Failure to Act as Precinct Board Member. Any voter who has been appointed as a member of a p recinct board, and having taken the oath of office, who fails to a ct as such without lawful or sufficient reason approved by the Commission is guilty of a misdemeanor.

n appointed as a member of a p recinct board, and having taken the oath of office, who fails to a ct as such without lawful or sufficient reason approved by the Commission is guilty of a misdemeanor. SOURCE: GC § 2110, entitled ' Failure to act:penalty .' Codified as 3 GCA § 4111. Repealed and reenacted to this section by P.L. 31-2 55:2 (Dec. 11, 2012). 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 14 § 8405. Fraud. Every person charged with the performance of any du ty under the provisions of the laws of Guam relating to election s, who, in his or her official capacity, knowingly acts in contravention or in violation of any of the provisions of such laws, unless a different cla ssification is prescribed by this Title, is guilty of a misdemeanor. SOURCE: GC § 2702. Amended by P.L. 13-187:49 (Sept. 2, 1976 ). Codified as 3 GCA § 14103. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8406. Unlawful Influence of Voters by Election Of ficers. Every precinct officer of any election, who, while acting as such, induces or attempts to induce any voter, either by menace or reward, or promise thereof, to vote for any particular person or to

rs. Every precinct officer of any election, who, while acting as such, induces or attempts to induce any voter, either by menace or reward, or promise thereof, to vote for any particular person or to refrain from so voting, is guilty of a felony. SOURCE: GC § 2710. Codified as 3 GCA § 14110. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8407. Acting Without Authority. Any person is guilty of a felony of the third degre e who at any election: (a) knows that a person who has not been appointed and qualified acts as a member of a precinct board; or (b) knows that a person is not a member of a precin ct board but who performs or discharges any of the duties of a m ember of a precinct board in regards to the handling, counting or canva ssing of any ballots. SOURCE: GC § 2714. Amended by P.L. 13-187:55 (Sept. 2, 1976 ). Codified as 3 GCA § 14114. Amended by P.L. 25-146:56 (June 12, 2 000). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8408. Penalties for Acts or Omissions. (a) Any person authorized by the Commission, having charge of affidavits of registration, or absentee ballot appl ications submitted in lieu of affidavits of

§ 8408. Penalties for Acts or Omissions. (a) Any person authorized by the Commission, having charge of affidavits of registration, or absentee ballot appl ications submitted in lieu of affidavits of registration, who: (1) neglects or refuses to perform any duty require d by law in connection with the registration of voters; or (2) neglects or refuses to perform such duty in the manner required by voter registration provisions of this Title; or 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 15 (3) enters, or causes or permits to be entered, on the voter registration records the name of any person in any other manner or at any other time that is prescribed by voter registra tion laws, or enters, or causes or permits to be entered, on such records th e name of any person not entitled to be thereon; or (4) destroys, mutilates, conceals, changes or alter s any registration record in connection therewith, except as authorize d by voter registration provisions of this Title, is guilty of a felony of the third degree. Each and every omission herein constitutes a separate offense.

n connection therewith, except as authorize d by voter registration provisions of this Title, is guilty of a felony of the third degree. Each and every omission herein constitutes a separate offense. (b) Any person who: (1) knowingly provides false information on an appl ication for voter registration under any provision of this Titl e; or (2) knowingly makes or attests to a false declarati on as to that person’s qualifications as a voter; or (3) knowingly causes or permits oneself to be regis tered using the name of another person; or (4) knowingly causes oneself to be registered under two (2) or more different names; or (5) knowingly causes oneself to be registered in tw o (2) or more precincts; or (6) offers to pay another person to assist in regis tering voters, where payment is based on a fixed amount of money p er voter registration; or (7) accepts payment for assisting in registering vo ters, where payment is based on a fixed amount of money per vot er registration; or (8) knowingly causes any person to be registered or causes any registration to be transferred or canceled, except as authorized under this Title, is guilty of a felony of the third degr ee.

ation; or (8) knowingly causes any person to be registered or causes any registration to be transferred or canceled, except as authorized under this Title, is guilty of a felony of the third degr ee. Each and every violation herein constitutes a separate offense. SOURCE: GC § 2067. Codified as 3 GCA § 3115. Amended P.L. 2 5-146:16 (June 12, 2000). Repealed and reenacted to this section b y P.L. 31-255:2 (Dec. 11, 2012). ---------- 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 16 ARTICLE 5 OTHER PROVISIONS § 8501. Removing or Defacing Results Posted. § 8502. Refusal to Appear and Testify. § 8503. Violation of Overseas Voter Rules. § 8504. Publications Reflecting on Character of Can didate. § 8505. Refusal to Testify on Another's Right to Vo te. § 8506. Subversive Activities Prohibited. § 8507. Severability. § 8501. Removing or Defacing Results Posted. Every person who removes or defaces any posted copy of the results of the votes cast is guilty of a misdemeanor. SOURCE: GC § 2528. Repealed and reenacted by P.L. 11-209:2 7 (Dec. 22, 1972) as GC § 2521. Codified as 3 GCA § 11121. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8502.

SOURCE: GC § 2528. Repealed and reenacted by P.L. 11-209:2 7 (Dec. 22, 1972) as GC § 2521. Codified as 3 GCA § 11121. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8502. Refusal to Appear and Testify. Any person summoned to appear and testify before an y precinct board or the Election Commission who willfully ignores or disobeys the summons is guilty of a misdemeanor. SOURCE: GC § 2118. Codified as 3 GCA § 4119. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8503. Violation of Overseas Voter Rules. Any person who violates the prohibitions relative t o overseas voters as contained in § 9124, Chapter 9 of this Title shall be guilty of a misdemeanor. SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012). § 8504. Publications Reflecting on Character of Can didate. Every person shall be subject to a civil penalty of not more than Five Thousand Dollars ($5,000) per each separately produ ced message who intentionally writes, prints, posts or distributes, or causes to be written, printed, posted or distributed, any circular, pamph let, letter or poster which is designed or intended to injure or defeat any can didate for nomination or

s or distributes, or causes to be written, printed, posted or distributed, any circular, pamph let, letter or poster which is designed or intended to injure or defeat any can didate for nomination or election to any public office by reflecting upon hi s personal character or 073120133 GCA ELECTIONS CH. 8 ELECTION CAMPAIGN AND CAMPAIGN OFFENSES 17 political actions, unless there appears upon the ci rcular, pamphlet, letter or poster, in a conspicuous place, either: (a) the names of the chairman and secretary, or the names of two (2) officers of the political party or any other or ganization issuing it; or (b) the name and residence, with the street and num ber thereof if any, of the person responsible therefore. SOURCE : GC § 2332. Codified as 3 GCA § 8127. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8505. Refusal to Testify on Another’s Right to Vo te. Every person who, after being required to do so by the precinct board at an election, refuses to be sworn, or being sworn, r efuses to answer any pertinent question propounded by the board concerni ng the right of another to vote, is guilty of a misdemeanor. SOURCE: GC § 2718.

ection, refuses to be sworn, or being sworn, r efuses to answer any pertinent question propounded by the board concerni ng the right of another to vote, is guilty of a misdemeanor. SOURCE: GC § 2718. Codified as 3 GCA § 14118. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8506. Subversive Activities Prohibited. No person who advocates, or who aids or belongs to any party, organization or association which advocates the ove rthrow by force or violence against the government of Guam or of the U nited States, shall be qualified to hold any public office of trust or pro fit within the government of Guam; and furthermore, no such person shall be enti tled to a place on the ballot in any election held within Guam, and if ele cted shall be disqualified from holding office. SOURCE: GC § 2750. Codified as 3 GCA § 14119. Repealed an d reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). § 8507. Severability. If any provision of this Chapter, or the applicatio n thereof, to any person or circumstance is held invalid, the remaind er of the Chapter and the application of the provision to other persons not s imilarly situated, or to other circumstances,

catio n thereof, to any person or circumstance is held invalid, the remaind er of the Chapter and the application of the provision to other persons not s imilarly situated, or to other circumstances, shall not be affected. SOURCE: GC § 2952, added by P.L 10-151:1 (June 24, 1970). C odified as 3 GCA § 16603. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012). ---------- 07312013