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5 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 1 CHAPTER 42 CONSTITUTIONAL CONVENTION NOTE: This Chapter, commencing with GC § 15200 in the for mer Government Code, has been used to create two Consti tutional Conventions. The first, in 1969, produced recommendations to cha nge the Organic Act. The second, in 1977, sought to create a Constitutio n for Guam, the authority for which is contained in federal law still in effe ct (U.S.P.L. 94-584, 90 Stat. 2899); amended by P.L. 96-597 (94 Stat. 3479). The people roundly rejected this Constitution in a referendum held in August of 1979. This law is found on p. 57 of the Organic Act & Related Federal Laws, published by the Compiler of Laws as a part of the Guam Code Annotat ed. While the Legislature made this Chapter a permanent , codified law, no new convention has been held pursuant to Congressio nal authority, nor has this law been amended since the last Referendum in 1979. § 42101. Statement of Legislative Intent. § 42102. Constitutional Convention, Calling of. § 42103. Delegates to Convention, Qualifications fo r and Number. § 42104. Election of Delegates. § 42105. Delegate, Candidacy for. § 42106.

ve Intent. § 42102. Constitutional Convention, Calling of. § 42103. Delegates to Convention, Qualifications fo r and Number. § 42104. Election of Delegates. § 42105. Delegate, Candidacy for. § 42106. Voters, Registration of. § 42107. Delegate Seats, Apportionment of. § 42108. Results, Declaration of. § 42109. Organizational Meeting. § 42110. Duty of Delegates. § 42111. Convention, Duration of. § 42112. Report, Transmission of. § 42113. Convention, Employees of. § 42114. Vacancies, Filling of. § 42115. Referendum. § 42116. Rules and Regulations. § 42117. Transmission of Act. § 42101. Statement of Legislative Intent. The fundamental right of the people to draft and ap prove a constitution for the territory of Guam having been recognized by the Congress and the President of the United States by the enactment of P.L. 94-584, the Legislature expresses its intent to est ablish a Constitutional Convention, determine the method of selecting deleg ates and appropriate necessary funds, for the purpose of drafting a Guam Constitution setting COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 2 forth the fundamental principles that determine the powers and duties of the

e purpose of drafting a Guam Constitution setting COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 2 forth the fundamental principles that determine the powers and duties of the Government and guarantee certain rights, privil eges and immunities to the people. The Constitution which shall deal wi th those provisions of the Organic Act of Guam which relate to local self- government, shall provide for a republican form of government, a bill of rights, a system of courts, shall recognize and be consistent with the sovereignty of the United States over Guam and the supremacy of the pr ovisions of the Constitution, treaties and laws of United States ap plicable to Guam. SOURCE: GC § 15200 repealed/reenacted by P.L. 13-202:1. § 42102. Constitutional Convention, Calling of. A Constitutional Convention representing the people of Guam is called to convene May 4, 1977. When assembled, the Convention shall have the powers and duties set forth in this Chapte r. SOURCE: GC § 15200.1 added by P.L. 13-202:1. § 42103. Delegates to Convention, Qualifications fo r and Number. (a) The Convention shall be composed of delegates e lected from each municipal district of Guam as

§ 15200.1 added by P.L. 13-202:1. § 42103. Delegates to Convention, Qualifications fo r and Number. (a) The Convention shall be composed of delegates e lected from each municipal district of Guam as such districts a re set out in 1 GCA 403. No person shall be elected to nor seated as a member of the Convention unless he shall be: (1) a Citizen of the United States; (2) qualified to vote on Guam; (3) a resident of the municipal district from which he has been elected for not less than thirty (30) days immediat ely preceding the date of his election. (b) Each municipal district shall be entitled to on e delegate for each 750 registered voters residing within a district, p rovided, however, that regardless of the number of registered voters each district shall have at least one delegate. It shall be the duty of the Ele ction Commission to determine the number of delegates to be elected fro m each district. If after dividing the number of registered voters by 7 50 there is a remainder of 375 or more that district shall be accorded one additional delegate to the Convention. SOURCE: GC § 15200.2 added by P.L. 13-202:1. COL72220155 GCA GOVERNMENT OPERATIONS CH.

0 there is a remainder of 375 or more that district shall be accorded one additional delegate to the Convention. SOURCE: GC § 15200.2 added by P.L. 13-202:1. COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 3 § 42104. Election of Delegates. The Election Commission shall conduct a general ele ction on April 16, 1977, at which time the voters of each mu nicipal district shall elect delegates to the Convention. The Public Offic ial Financial Disclosure Act (4 GCA Chapter 16) shall not apply t o delegate candi- dates. The Election Code and regulations promulgate d thereunder shall apply with the following exceptions: (a) The election shall be nonpartisan. (No politica l party directly or indirectly shall sponsor, nominate or e ndorse any of the candidates for the general election of delegates es tablished by this Chapter.) (b) No primary election shall be conducted. (c) The Election Commission may elect to forego mec hanical tabulation in favor of determining the official fin al results by a means of manual tabulation. Procedures regarding an y such manual tabulation shall be duly promulgated by the Electio n Commission rules and regulations.

determining the official fin al results by a means of manual tabulation. Procedures regarding an y such manual tabulation shall be duly promulgated by the Electio n Commission rules and regulations. (d) 3 GCA §§ 8101, 2303 and 8104 through 8116 (Elec tion Law) need not be complied with. SOURCE: GC § 15200.3 added by P.L. 13-202:1; amended by P.L . 14-001:6. § 42105. Delegate, Candidacy for. (a) No person shall be listed upon the ballot as a candidate for election as a delegate to the Convention nor certif ied by the Election Commission as having been elected unless not later than March 19, 1977: (1) The person desiring to be a candidate shall fil e with the Election Commission a sworn affidavit stating that: (A) He is a citizen of the United States. (B) Upon election day that he shall have been a res ident of the district for which he seeks election for not le ss than thirty (30) days. (C) He seeks election as a delegate to the Conventi on. COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 4 (2) A person desiring to be a candidate shall file with the Election Commission a petition for his candidacy si gned by not less than fifty (50) nor more than one hundred

CONSTITUTIONAL CONVENTION 4 (2) A person desiring to be a candidate shall file with the Election Commission a petition for his candidacy si gned by not less than fifty (50) nor more than one hundred fifty (15 0) registered voters of the municipal district from which he seek s to be elected a delegate. SOURCE: GC § 15200.4 added by P.L. 13-202:1. 2015 NOTE: Subsection designations in (a)(1) were altered to a dhere to the Compiler’s alpha-numeric scheme pursuant to the aut hority granted by 1 GCA § 1606. § 42106. Voters, Registration of. The Election Commission shall register voters for t he election of April 16 through February 28, 1977, provided, howev er, that those persons who voted on November 2, 1976 need not re-r egister. In order to facilitate the registration of voters the Election Commission is authorized and encouraged to accept the assistance of voluntee r clerks who may register voters at schools, shopping centers, retai l stores and other places where the public may gather. SOURCE: GC § 15200.5 added by P.L. 13-202:1. § 42107. Delegate Seats, Apportionment of. No later than March 3, 1977, the Election Commissio n shall determine and announce the number of delegates to

. SOURCE: GC § 15200.5 added by P.L. 13-202:1. § 42107. Delegate Seats, Apportionment of. No later than March 3, 1977, the Election Commissio n shall determine and announce the number of delegates to b e elected from each municipal district. Its apportionment shall be base d upon the number of persons registered as voters as of February 28, 197 7. SOURCE: GC § 15200.6 added by P.L. 13-202:1. § 42108. Results, Declaration of. Immediately after the tabulation of the election re turns for the election of April 16, 1977, the Election Commission shall determine the persons who have been elected to office and announc e those results. After announcing the results of the election the El ection Commission shall cause to be prepared a certificate of electio n for each delegate elected and shall cause to be delivered to the hand s of each person elected a delegate the original of such certificate which shall be evidence of that person’s right to attend and participate in the deliberations of the Convention. SOURCE: GC § 15200.7 added by P.L. 13-202:1. COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 5 § 42109. Organizational Meeting.

ticipate in the deliberations of the Convention. SOURCE: GC § 15200.7 added by P.L. 13-202:1. COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 5 § 42109. Organizational Meeting. The Speaker of the Guam Legislature, acting as a te mporary presiding officer, shall convene the organizational meeting of the Convention at 10:00 a.m., May 4, 1977, in the Sessi on Hall of the Guam Legislature. The Chief Justice of the Supreme Court of Guam, after receiving and verifying each person’s certificate o f election as a delegate, shall administer the oath of office to the delegate s. Immediately after the taking of their oath the delegates shall proceed to organize by: (a) Electing a presiding officer, who shall be the President of the Convention; (b) Adopting rules of order governing the procedure of the Convention. Immediately after the election of a presiding offic er, that person shall assume the chair of the Convention. The Conve ntion may meet for not more than five (5) days, which days need not be consecutive, in May for organizational purposes. Thereafter, the Conven tion shall recess until July 1, 1977, when it shall reconvene for its regul ar deliberations.

(5) days, which days need not be consecutive, in May for organizational purposes. Thereafter, the Conven tion shall recess until July 1, 1977, when it shall reconvene for its regul ar deliberations. SOURCE: GC § 15200.8 added by P.L. 13-202:1. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004), refer ences to 'Presiding Judge' have been changed to 'Chief Justice of the Supreme Court of Guam.' See 48 U.S.C. § 1424-1(b)(2). § 42110. Duty of Delegates. It shall be the duty of the delegates to the Conven tion to draft a Constitution for the people of Guam pursuant to the provisions of U.S. P.L. 94-584. SOURCE: GC § 15200.9 added by P.L. 13-202:1. § 42111. Convention, Duration of. Not including the organizational meetings of the Co nvention, the Convention shall meet for not more than one hundred twenty (120) sessions days, and in no event shall the Convention continue beyond October 31, 1977, provided, however, the Convention may reserve three (3) session days to occur December 1 and December 1 5, 1977, to adopt its final report.

vent shall the Convention continue beyond October 31, 1977, provided, however, the Convention may reserve three (3) session days to occur December 1 and December 1 5, 1977, to adopt its final report. Further provided that the Preside nt of the Convention may call a special session of the Convention within sixty (60) days after the proposed Constitution as so approved and modifi ed by Congress is COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 6 returned to Guam so that the delegates may formally comment on any amendments by Congress in advance of the referendum . SOURCE: GC § 15200.10 added by P.L. 13-202:1. § 42112. Report, Transmission of. The Convention shall submit to the Governor a propo sed Constitution for Guam on or before December 31, 197 7 which shall comply with the requirements set forth in § 42110. SOURCE: GC § 15200.11 added by P.L. 13-202:1. § 42113. Convention, Employees of. The Convention shall have the power to employ its o wn staff without conformity to the Civil Service system of t he Government. It may engage consultants to assist it in its studies and in the preparation of its report.

have the power to employ its o wn staff without conformity to the Civil Service system of t he Government. It may engage consultants to assist it in its studies and in the preparation of its report. The Executive and Judicial branches are authorized to permit employees to be temporarily assigned to duties with the Convention, provided, however, the Convention shall reimburse t he appropriate agency the cost of such an employee’s service. SOURCE: GC § 15200.12 added by P.L. 13-202:1. § 42114. Vacancies, Filling of. In the event a vacancy shall occur among the delega tes during the course of the Convention, the Convention shall form ally notify the Election Commission of this fact. The Election Comm ission shall then refer to the results of the April 16 election and c ertify as a replacement delegate the person who finished next highest in th e district in which the vacancy occurred. In the event there was no person finishing lower in the election results, then the Commissioner of the dist rict in which the vacancy occurred shall nominate three (3) qualified persons from that district and the Convention shall by a plurality of the affirmative votes cast elect one (1) of such

f the dist rict in which the vacancy occurred shall nominate three (3) qualified persons from that district and the Convention shall by a plurality of the affirmative votes cast elect one (1) of such persons to fill the vaca ncy. SOURCE: GC § 15200.13 added by P.L. 13-202:1. § 42115. Referendum. The proposed constitution as so approved and modifi ed by the Congress shall be submitted to the qualified voters of Guam for acceptance or rejection during an island-wide refer endum to be held on August 4, 1979. COL72220155 GCA GOVERNMENT OPERATIONS CH. 42 CONSTITUTIONAL CONVENTION 7 SOURCE: GC § 15200.14 added by P.L. 13-202:1; amended by 14 -84:4; R/R by P.L. 14-91:12, 14-151:1, 3, 15-23:1. § 42116. Rules and Regulations. The Election Commission shall promulgate the necess ary rules and regulations to conduct the referendum and implement its purpose. By such rules and regulations, the Election Commission may elect to forego mechanical tabulation and establish a procedure for final, official manual tabulation of the referendum votes. Upon the approval by not less than a majority of th e voters (counting only the affirmative or negative votes) p articipating in such referendum, the

ficial manual tabulation of the referendum votes. Upon the approval by not less than a majority of th e voters (counting only the affirmative or negative votes) p articipating in such referendum, the Constitution shall become effective in accordance with its terms. SOURCE: GC § 15200.15 added by P.L. 13-202:1; amended by P. L. 14-1:7. § 42117. Transmission of Act. Not later than ninety (90) days of the effective da te of this Act, the Governor of Guam shall transmit a copy of this Act to the Secretary of State for transmittal to the United Nations. SOURCE: Added by P.L. 13-202:5. --------- COL7222015