Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Municipal boundaries are the official boundaries of the various municipalities of Guam. Each district as prescribed in Title 1 Code 403 shall constitute a precinct.
Source: 1 Guam Code 403 (2019):
https://law.justia.com/codes/guam/2019/title-1/chapter-4/ ;
Land Management Drawing No. G1-56T18 ;
3 Guam Code 1117 (2019):
https://law.justia.com/codes/guam/2019/title-3/chapter-1/
Verified: 2020/10/21
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
b . Respecting natural barriers g . Other
Comments: Election districts refer to municipal and village boundaries.
Source: 1 Guam Code 403 (2019):
https://law.justia.com/codes/guam/2019/title-1/chapter-4/
Verified: 2020/10/21
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
f . A government department or agency
Comments: The Guam Department of Land Management draws municipal boundaries which are adopted as election districts.
Source: 1 Guam Code 403 (2019):
https://law.justia.com/codes/guam/2019/title-1/chapter-4/ ;
Land Management Drawing No. G1-56T18 ;
3 Guam Code 1117 (2019):
https://law.justia.com/codes/guam/2019/title-3/chapter-1/
Verified: 2020/10/21
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary) d . Indirectly elected by legislature
Comments: The President of the United States acts as the Head of State of Guam.
The President is not elected directly by citizens, they are chosen by electors through a process called the "Electoral College." The Electoral College is not always required to elect the same candidate who won the popular vote in any state. A candidates must win over half of the electors (at least 270) to win. If no candidate wins 270 electoral votes, the House of Representatives chooses the president among the top three candidates; the Senate then chooses the vice president from the remaining two candidates. When choosing the president in the House of Representatives, each state gets a single vote.
Source: 1 Guam Code 400, 402:
https://law.justia.com/codes/guam/2019/title-1/chapter-4/ ;
Article II, Section 1, United States Constitution ;
National Archives: Electoral College: https://www.archives.gov/electoral-college/faq#no270 ; https://www.usa.gov/election
Verified: 2020/10/28
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: Even though Guam is subject to all applicable laws of the United States, the Governor of Guam is the executive of the political authority granted to the government of Guam. The Governor is elected with the Lieutenant Governor.
Source: 1 Guam Code 400, 402:
https://law.justia.com/codes/guam/2019/title-1/chapter-4/ ;
48 U.S. Code 1422:
https://www.law.cornell.edu/uscode/text/48/1422
Verified: 2020/10/28
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: As Guam is an unincorporated territory of the US, the president of Guam is the president of the USA.
The Governor of Guam acts as Guam's Head of Government for all political authority of Guam where U.S. laws do not apply.
Source: Organic Act of Guam, 1421 (a) ;
1 Guam Code 400:
https://law.justia.com/codes/guam/2019/title-1/chapter-4/
Verified: 2020/10/28
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the Legislature of Guam.
Source: Organic Act, Art. 1423 ;
2 Guam Code:
https://law.justia.com/codes/guam/2019/title-2/chapter-1/
Verified: 2020/10/28
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments: Guam Legislators are elected through popular vote.
Source: https://www.electionguide.org/elections/id/3113/ ;
48 U.S. Code Ch. 8A:
https://uscode.house.gov/view.xhtml?path=/prelim@title48/chapter8A&edition=prelim
Verified: 2020/10/28
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: The U.S. Constitution and other U.S. election laws that apply to the general elections in the United States apply to Guam, since the President of the United States is the Head of State of Guam. The election of the Governor of Guam has been updated and is reflected in the 2019 Guam Statutes. Members of the Legislature of Guam are elected according to US Code 48 Ch. 8A.
Source: U.S. Constitution, Article 2 ;
2019 Guam Statutes:
https://law.justia.com/codes/guam/2019/ ;
https://www.electionguide.org/elections/id/3113/ ;
48 U.S. Code Ch. 8A:
https://uscode.house.gov/view.xhtml?path=/prelim@title48/chapter8A&edition=prelim ;
Verified: 2020/10/28
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections
Comments: The electoral laws for Guam cover the Governor, Lieutenant Governor, and Legislature of Guam. Guam Codes also cover the elections of municipal, division, and district officers (Title 3).
Source: 2019 Guam Statutes:
https://law.justia.com/codes/guam/2019/
Verified: 2020/10/28
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: All who are entitled to vote may register for voter status, however registration is voluntary.
Source: Guam Code Annotated, Title 3, Art. 3101
Verified: 2020/10/28
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: Elections contests are brought to the Superior Court of Guam.
Source: 3 Guam Code 12105:
https://law.justia.com/codes/guam/2019/title-3/chapter-12/ ;
Verified: 2020/10/28
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level
Comments:
Source: Guam Code Annotated, Title 3, Ch.2:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: GEC’s annual budget submission for election years must provide a detailed breakdown of the funding level necessary to meet all of their statutory requirements and abide by all policies and procedures set forth in their rules and regulations.
The budget is controlled by the National Legislature.
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2110:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments: The budget of the Electoral Management Body are controlled by the legislature (the laws), which decides the budget of all government agencies and bodies.
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2110:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: For a period of 2 years, or until their successor is duly qualified and appointed
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2101:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: There is within, as an autonomous instrumentality and an independent commission of the government of Guam, the Election Commission.
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2101:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Commission shall consist of seven (7) members, all of whom shall be eligible voters on the date of their appointment.
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2101:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: The Governor appoints six members based on the recommendation of the recognized political parties of Guam. The seventh member is appointed by the other six members, the appointment must be ratified by four of the six appointed members.
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2101(a):
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature g . Political parties
Comments: The Governor appoints six members based on the recommendation of the recognized political parties of Guam. The seventh member is appointed by the other six members, the appointment must be ratified by four of the six appointed members.
Source: Guam Code Annotated, Title 3, Ch.2, Art. 2101:
https://law.justia.com/codes/guam/2019/title-3/chapter-2/
Verified: 2020/10/28
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: The National Electoral Management Body coordinates publicity for the elections and has voter education resources available online. Also, the Guam Election Commission is to develop an island-wide education program to inform and demonstrate to voters the proper use of electronic voting machines.
Source: http://gec.guam.gov/ ;
3 Guam Code 2103 (f) (2):
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc002.PDF
Verified: 2020/10/28
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: https://gec.guam.gov/index.php/for-voters/for-voters
Verified: 2020/10/28
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body d . Yes, conducted by the Local/County Electoral Management Bodies
Comments:
Source: https://gec.guam.gov/index.php/for-voters/for-voters
Verified: 2020/10/28
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: 3 Guam Code 3101:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc003.PDF
Verified: 2020/10/28
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: To vote: you must be 18, a U.S. citizen, and a resident of Guam. To vote in municipal, division, or district elections: you must be a resident of the applicable municipality, division, or district.
You may not vote if you are confined to a mental institution, judicially declared incompetent, or incarcerated under a sentence of imprisonment.
Source: 3 Guam Code 3101:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc003.PDF
Verified: 2020/10/28
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Guam Electoral Commission (EMB) is responsible for the registration of electors.
Source: 3 Guam Code 3102:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc003.PDF
Verified: 2020/10/28
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments:
Source: 3 Guam Code:
https://gec.guam.gov/index.php/about-the-gec/election-laws-rules-regulations
Verified: 2020/10/28
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
f . Other
Comments: To be officially recognized in elections:a party shall have duly constituted leaders or officials, including a secretary. Also, a party shall have filed with the GEC under such uniform regulations as the Commission may prescribe, such evidence of its lawful creation and election of its chairman, secretary and treasurer, including their full names and addresses.
For parties that polled at the last general election, in the event it had a candidate for each of the offices to be filled, not less than ten percent (10%) of the total votes cast therein; or in the event it had a lesser number of candidates than there were offices to be filled, each such candidate received not less than ten percent (10%) of the total votes cast for the office to which he or she sought election; provided, that in the case of election to I Liheslaturan Guåhan (the Guam Legislature) of delegates at large, the ten percent (10%) shall be computed as follows: the total votes cast shall be divided by the total number of seats to be filled and the quotient multiplied by the party’s total number of candidates for such seats, which product shall not exceed ten (10) times the aggregate vote of the party's candidates for such seats.
Source: 3 Guam Code 1112:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc001.PDF
Verified: 2020/10/28
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration j . Other
Comments: A candidate is one who either seeks a nomination, or is proposed for a nomination by sponsors, or accepts money towards an election in accordance with the provisions of Title 3 (Guam Code).
Convicted felons may not be candidates.
To qualify, a candidate must be aged 25 years, a U.S. citizen, and domiciled in Guam for at least five consecutive years immediately preceding the sitting of the legislature in which they seek to qualify as a member.
Source: 3 Guam Code 1115:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc001.PDF ;
3 Guam Code 6103, 6110:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc006.PDF ;
Verified: 2020/10/28
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: Independent candidates may run in legislative elections if a declaration of candidacy is filed with the Guam Election Commission by any five registered voter of Guam. Pertaining to municipal, district, or division elections: the five sponsoring voters must be a resident in the applicable municipality, district, or division.
Source: 3 Guam Code 6106:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc006.PDF
Verified: 2020/10/28
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments:
Source: 3 Guam Code Ch. 17:
https://law.justia.com/codes/guam/2019/title-3/chapter-17/
Verified: 2020/10/28
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments:
Source: 3 Guam Code Ch. 17:
https://law.justia.com/codes/guam/2019/title-3/chapter-17/
Verified: 2020/10/28
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: 3 Guam Code Ch. 17:
https://law.justia.com/codes/guam/2019/title-3/chapter-17/
Verified: 2020/10/28
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments: the Election Return Center
Source: 3 Guam Code 11108:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc011.PDF
Verified: 2020/10/28
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions d . By request e . Court order
Comments: If the tabulation indicates that a difference in votes is two percent (2%) or less, the Commission shall conduct a recount of the votes.
Notwithstanding any other provision of law, the Guam Election Commission may authorize ballots to be tabulated at the precincts. Tabulating of ballots by the precinct board shall be a cross-check of the tabulating of ballots by the Election Commission at the Election Return Center.
Any voter of Guam may contest any election for any causes specified in 3 Guam Code 12102 by filing a written complaint with the Superior Court of Guam. At the court trial, votes are recounted.
Source: 3 Guam Code 11110, 11131:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc011.PDF ;
3 Guam Code 12102, 12105, 12113:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc012.PDF
Verified: 2020/10/28
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
h . No information available
Comments:
Source: https://gec.guam.gov/index.php/about-the-gec/election-laws-rules-regulations
Verified: 2020/10/28
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source: https://gec.guam.gov/?s=debate
Verified: 2020/10/28
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source: https://gec.guam.gov/index.php/about-the-gec/election-laws-rules-regulations
Verified: 2020/10/28
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments:
Source: 3 Guam Code 17120:
https://gec.guam.gov/index.php/about-the-gec/election-laws-rules-regulations
Verified: 2020/10/28
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: The voters of Guam shall have the right of initiative, referendum, and recall to be exercised under conditions and procedures specified in the laws of Guam.
Source: 3 Guam Code 1121:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc001.PDF
Verified: 2020/10/28
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Notwithstanding any other provision of law, no increase in real property tax, liquid fuel tax, business privilege tax or any locally enacted and administered tax on Guam shall go into effect without the approval of the voters of Guam in a referendum held during a general election. The provisions of § 16311 of this Article and Chapter shall apply in the case of any general obligation bond of the government of Guam in excess of Twenty-Five Million Dollars ($25,000,000), as well as in the case of the creation of any new fee for service proposed to be established in such cases where the fee is for a service already provided by the government of Guam prior to the establishment of the new fee, and where such service was previously funded through other revenues.
Source: 3 Guam Code 16311:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: 3 Guam Code Ch. 16 Article 3:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments:
Source: 3 Guam Code Ch. 16 Article 2:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments:
Source: 3 Guam Code Ch. 16 Article 2:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments:
Source: 3 Guam Code 1121:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc001.PDF
Verified: 2020/10/28
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments:
Source: 3 Guam Code Ch. 16:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Referendum is the power of the voters to initiate action to repeal existing statutes or parts of statutes, except statutes calling for elections or appropriations for usual current expenses of Guam.
Source: 3 Guam Code Ch. 16:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: The provisions for Direct Democracy apply to all levels of Guam.
Source: 3 Guam Code Ch. 1:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc001.PDF ;
3 Guam Code Ch. 16:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc016.PDF
Verified: 2020/10/28
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
d . At specially designated polling stations f . By mail j . Other
Comments: The Commission shall, not less than thirty (30) days prior to the date set for any election, designate, announce and publish the official polling sites and the official precincts, along with the alphabetical range assigned to each precinct where the ballots are to be cast in such election. In the case of a runoff election, the polling places and precincts shall be the same as in the election precipitating the need for a runoff, unless determined otherwise by the Commission.
Absentee ballots can be mailed or transmitted by email.
Source: 3 Guam Code 4101:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc004.PDF ;
3 Guam Code 10108:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc010.PDF
Verified: 2020/10/28
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff g . Other
Comments: Electors may vote absentee if they are unable to physically go to the polls on the Election Day because of the conduct of his or her business or necessary travel; illness or physical disability; service in the Armed Forces or Merchant Marine of the United States; employment with the government of Guam; attendance at an institution of learning; employment in the service of the United States or any federal agency; or accompanying a spouse who is engaged in any activity listed herein.
Source: 3 Guam Code 10101:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc010.PDF
Verified: 2020/10/28
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
e . By mail f . Other
Comments: Absentee ballots can be mailed or transmitted by email.
Source: 3 Guam Code 10108:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc010.PDF
Verified: 2020/10/28
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots d . Electronic voting machine
Comments:
Source: 3 Guam Code:
https://gec.guam.gov/index.php/about-the-gec/election-laws-rules-regulations
Verified: 2020/10/28
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