Guam

Election Code of Guam

Updated: June 2015

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Title 3, section 3101 states:

Every person not confined to a mental institution, nor judicially declared incompetent, nor incarcerated under a sentence of imprisonment, who is a citizen of the United States over eighteen (18) years of age, or who shall have reached his or her eighteenth (18th) birthday by the day set for election, who is a resident of Guam…is entitled to vote at any general election held within Guam…

 

Excerpt from the Constitution of Kiribati (1979, last amended 1995)

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Title 3, section 3101 states:

Every person not confined to a mental institution, nor judicially declared incompetent , nor incarcerated under a sentence of imprisonment, who is a citizen of the United States over eighteen (18) years of age, or who shall have reached his or her eighteenth (18th) birthday by the day set for election, who is a resident of Guam, as defined in § 9123, Chapter 9 of this Title, and who complies with the provisions of this Title governing the registration of electors is entitled to vote at any general election held within Guam; provided, that in the election of municipal, division or district officers only those otherwise qualified electors who reside within the municipality, division or district concerned shall have the right to vote for such municipal, division or district officers.

 

Title 3, section 3121 states:

The Commission shall cancel the registration of an elector in the following cases …

  • (b) when the mental incompetence of a person registered is legally Declared…

 

Title 3, section 3124 states:

Every judge before whom proceedings are held which result in any person being declared incapable of managing or taking care of either himself or herself, or property, or both, and for whom a guardian of his or her person, or estate, or both, is accordingly appointed, or which results in his or her being declared mentally incompetent or committed to a mental facility as an incompetent person, shall file with the Commission a certificate of that fact, and thereupon the Commission shall cancel the name of that person upon the register.

 

Title 3, section 4112 states:

If, during the progress of an election, the precinct leader ceases to act or becomes incapacitated, a member of the precinct board shall at once notify the Commission for action to appoint a new precinct leader.

 

Title 3, section 4113 states:

The precinct leader shall appoint substitute precinct clerks if, during the progress of an election, any clerk ceases to act or becomes incapacitated, and shall immediately inform the Commission which shall ratify the appointment or make another appointment.

 

Title 3, section 9136 states:

(a) A voter may request assistance in voting to the precinct board, and assistance shall be granted thereby only if a voter is blind, physically disabled, or unable to read or write.

(b) If a voter is granted assistance, the voter shall be accompanied into the voting booth by one (1) precinct official and another person designated by the voter. If a voter with a physical disability finds it unduly burdensome to enter the polling place, the ballot may be completed within one hundred (100) feet of the polling place. A precinct official shall read the ballot to the voter who shall indicate his or her choices. Such choices shall be properly marked by the attending precinct official while under the observation of the other person designated by the voter. Any registered voter who enters the public grounds containing the polling place, but for some reason is unable to enter the polling place itself, and who is capable of reading and marking the ballot without assistance, shall be given the opportunity to vote...

 

Title 3, section 13106 states:

The municipal offices of mayor and vice mayor become vacant on the happening of any of the following events:…

  • (b) declaration of mental incompetence by a final judgment or final order of a court of competent jurisdiction;…
  • (d) refusal or failure to assume office;
  • (e) the decision of a competent tribunal declaring void his or her election;
  • (f) conviction of a felony, or of a crime involving moral turpitude;
  • (g) his or her change of residence from the municipality in which he or she was elected; or
  • (h) when incumbent is incapacitated because of illness and unable to continue for the remainder of the term. The occurrence of any event under (a) through (h), with respect to a person elected to office, after the election but before the term of office is to commence, constitutes a vacancy on the date the term commences, unless the person so elected is the incumbent, in which case, the vacancy occurs on the date of such event.

 

Title 5, Section 40110 states:

(b) If by reason of death, resignation, removal from office, inability or failure to perform, there shall be a vacancy in the office of the Mayor, it shall be filled for the unexpired term. The vacancy shall be filled by I Maga’lahi (the Governor) by appointment after soliciting the non-binding recommendations of the Municipal Planning Council of the municipality in which the vacancy occurred, subject to the advice and consent of I Liheslatura (the Legislature); provided, however, that in a municipality where there is a Vice-Mayor, the Vice-Mayor shall automatically assume the position of Mayor and there shall be a vacancy in the position of Vice-Mayor.

(c) Temporary vacancy. If there is a temporary vacancy greater than thirty (30) days in the office of Mayor, caused by other than official business, and there is no Vice-Mayor, the vacancy shall be filled by the Governor by appointment after soliciting the non-binding recommendations of the Municipal Planning Council of the municipality.

 

Title 5, Section 40116 states:

The Vice Mayor shall assist the Mayor in the discharge of his duties as prescribed in § 40112 of this Chapter, and to perform other related duties as may be assigned by the Mayor. In the event of the absence of the Mayor from the Territory or his incapacity due to illness or injury, the Vice Mayor shall serve as Acting Mayor for the duration.

 

Title 5, Section 40127 states:

In case of a vacancy on the Municipal Planning Council by reason of death, resignation or incapacity, said vacancy shall be filled by appointment of the Mayor.

 

Title 6, Section 1102 states:

The Commission shall determine the qualifications of all precinct officials by checking through the voting register of the precinct in which a member is to be appointed. An official who cannot read or write the English language shall declare himself ineligible. Any nominee for an elective office is automatically disqualified and the Commission shall appoint any person to take the place of the person being disqualified after Paragraphs (a) and (b) have been determined.

 

Title 6, Section 1110 states:

Any incapacitation of any member of the precinct board resulting in their leaving the polls must be reported by the Inspector to the Commission. The Inspector shall appoint substitute judges or clerks as the case may be and report his appointment which must be ratified by the Commission or in the event the Commission should reject the appointment it shall make another appointment.

 

Title 6, Section 1111 states:

If the Inspector is incapacitated during the progress of the election, any of the two (2) judges or in their absence, the clerks shall at once notify the Commission who shall make another appointment immediately. Usually one judge will be appointed as the inspector and another judge will be appointed.

 

Title 6, Section 1112 states:

The following oath must be taken by all members of the precinct board before an officer qualified to administer oaths: "I do solemnly swear that I am a voter of the district of ________ that I can read and write the English language, that I am not holding or am a nominee for an elective office, that I will support the Constitution of the United States and the Laws of the Territory of Guam, and that I will faithfully discharge the duties of the office of _______on the Precinct Board for Precinct # _______ in the Municipality of ________ to the best of my ability." If for any reason, any member fails or refuses to take the Oath of Office then the Commission shall appoint a substitute and require the new member to take the Oath of Office a copy of which must be filed with the Election Commission.

 

Title 6, Section 1230, part (6) states:

If the voter is unable to read or write, the precinct official in charge of the roster, shall enter the name and address of the voter and initial his name next to it.

 

Title 6, Section 1239 states:

At least two (2) members of the precinct board shall be available to assist any voter who cannot read or write or if physically unable to mark the ballot. The ballot must be marked only at the explicit direction of the voter. Such marking is to take place in the voting booth, and the assisting officials shall not reveal the person's vote at any time to any other person.

 

Excerpts from the Constitution of Kiribati (1979, last amended 1995)

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Title 3, section 8214 states:

Any person who furnishes any blind or illiterate voter with a ballot, informing or giving that voter to understand that it 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 office other than for whom the voter intended or desired to vote, is guilty of a felony of the third degree.

 

Title 3, section 9123, part (e) states:

A person does not obtain or lose residency solely by reason of that person’s presence or absence while employed in the services of the United States, or of the government of Guam, or while a student at an institution of learning, or while kept in an institution, a hospital, or asylum, or while confined in prison.

 

Title 3, section 9136 states:

(a) A voter may request assistance in voting to the precinct board, and assistance shall be granted thereby only if a voter is blind, physically disabled, or unable to read or write.

(b) If a voter is granted assistance, the voter shall be accompanied into the voting booth by one (1) precinct official and another person designated by the voter. If a voter with a physical disability finds it unduly burdensome to enter the polling place, the ballot may be completed within one hundred (100) feet of the polling place. A precinct official shall read the ballot to the voter who shall indicate his or her choices. Such choices shall be properly marked by the attending precinct official while under the observation of the other person designated by the voter. Any registered voter who enters the public grounds containing the polling place, but for some reason is unable to enter the polling place itself, and who is capable of reading and marking the ballot without assistance, shall be given the opportunity to vote. The Commission shall determine other appropriate rules and regulations necessary to ensure the voter’s privacy and protect the integrity of any ballot. Such rules and regulations shall be outlined in the Election Manual.

 

Title 3, section 10101 states:

Any qualified voter of Guam may, as provided in this Chapter and subject to the conditions of this Section, vote in any election by absentee ballot if he or she will be prevented from personally going to the polls and voting on election day because of… (b) illness or physical disability…

 

Title 3, section 10113 states:

Except for a uniformed or overseas voter as defined by the Uniformed and Overseas Citizens Absentee Voting Act, at any time on or before the day of an election an absentee voter may appear before the Commission, or any person appointed or designated by the Commission may go to any voter on Guam if he or she is incapacitated, or any Notary Public or any officer of Guam, or before any Notary Public or any officer of any state, territory or municipality within the United States or in the District of Columbia, at the time of receiving his or her ballot to mark and secure his or her ballot.

 

Title 6, section 1230, part (6) states:

If the voter is unable to read or write, the precinct official in charge of the roster, shall enter the name and address of the voter and initial his name next to it.

 

Title 6, section 1239 states:

At least two (2) members of the precinct board shall be available to assist any voter who cannot read or write or if physically unable to mark the ballot. The ballot must be marked only at the explicit direction of the voter. Such marking is to take place in the voting booth, and the assisting officials shall not reveal the person's vote at any time to any other person.

 

Excerpts from the Constitution of Kiribati (1979, last amended 1995)

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Title 3, section 4112 states:

If, during the progress of an election, the precinct leader ceases to act or becomes incapacitated, a member of the precinct board shall at once notify the Commission for action to appoint a new precinct leader.

 

Title 3, section 4113 states:

The precinct leader shall appoint substitute precinct clerks if, during the progress of an election, any clerk ceases to act or becomes incapacitated, and shall immediately inform the Commission which shall ratify the appointment or make another appointment.

 

Title 3, section 13106 states:

The municipal offices of mayor and vice mayor become vacant on the happening of any of the following events:

  • (b) declaration of mental incompetence by a final judgment or final order of a court of competent jurisdiction;
  • (d) refusal or failure to assume office;
  • (e) the decision of a competent tribunal declaring void his or her election;
  • (f) conviction of a felony, or of a crime involving moral turpitude;
  • (g) his or her change of residence from the municipality in which he or she was elected; or
  • (h) when incumbent is incapacitated because of illness and unable to continue for the remainder of the term.

The occurrence of any event under (a) through (h), with respect to a person elected to office, after the election but before the term of office is to commence, constitutes a vacancy on the date the term commences, unless the person so elected is the incumbent, in which case, the vacancy occurs on the date of such event.

 

Title 5, section 40110 states:

(b) If by reason of death, resignation, removal from office, inability or failure to perform, there shall be a vacancy in the office of the Mayor, it shall be filled for the unexpired term. The vacancy shall be filled by I Maga’lahi (the Governor) by appointment after soliciting the non-binding recommendations of the Municipal Planning Council of the municipality in which the vacancy occurred, subject to the advice and consent of I Liheslatura (the Legislature); provided, however, that in a municipality where there is a Vice-Mayor, the Vice-Mayor shall automatically assume the position of Mayor and there shall be a vacancy in the position of Vice-Mayor.

(c) Temporary vacancy. If there is a temporary vacancy greater than thirty (30) days in the office of Mayor, caused by other than official business, and there is no Vice-Mayor, the vacancy shall be filled by the Governor by appointment after soliciting the non-binding recommendations of the Municipal Planning Council of the municipality.

 

Title 5, section 40116 states:

The Vice Mayor shall assist the Mayor in the discharge of his duties as prescribed in § 40112 of this Chapter, and to perform other related duties as may be assigned by the Mayor. In the event of the absence of the Mayor from the Territory or his incapacity due to illness or injury, the Vice Mayor shall serve as Acting Mayor for the duration.

 

Title 5, section 40127 states:

In case of a vacancy on the Municipal Planning Council by reason of death, resignation or incapacity, said vacancy shall be filled by appointment of the Mayor.

 

Title 6, section 1102 states:

The Commission shall determine the qualifications of all precinct officials by checking through the voting register of the precinct in which a member is to be appointed. An official who cannot read or write the English language shall declare himself ineligible. Any nominee for an elective office is automatically disqualified and the Commission shall appoint any person to take the place of the person being disqualified after Paragraphs (a) and (b) have been determined.

 

Title 6, section 1110 states:

Any incapacitation of any member of the precinct board resulting in their leaving the polls must be reported by the Inspector to the Commission. The Inspector shall appoint substitute judges or clerks as the case may be and report his appointment which must be ratified by the Commission or in the event the Commission should reject the appointment it shall make another appointment.

 

Title 6, section 1111 states:

If the Inspector is incapacitated during the progress of the election, any of the two (2) judges or in their absence, the clerks shall at once notify the Commission who shall make another appointment immediately. Usually one judge will be appointed as the inspector and another judge will be appointed.

 

Title 6, section 1112 states:

The following oath must be taken by all members of the precinct board before an officer qualified to administer oaths: "I do solemnly swear that I am a voter of the district of ________ that I can read and write the English language, that I am not holding or am a nominee for an elective office, that I will support the Constitution of the United States and the Laws of the Territory of Guam, and that I will faithfully discharge the duties of the office of _______on the Precinct Board for Precinct # _______ in the Municipality of ________ to the best of my ability." If for any reason, any member fails or refuses to take the Oath of Office then the Commission shall appoint a substitute and require the new member to take the Oath of Office a copy of which must be filed with the Election Commission.

 

Excerpts from the Constitution of Kiribati (1979, last amended 1995)