For Registrars

§ 3109. Appointment of Registration Clerks.

The Commission shall appoint at least one (1) registration clerk for each district.

SOURCE: GC § 2061 Amended by P.L. 25-146:13..

§ 3110. Qualifications for Registration Clerks.

(a) The Commission may appoint any qualified elector as a district or volunteer registration clerk. The Commission shall establish by regulation the minimum qualifications for appointment as a registration clerk. The Commission, pursuant to the Administrative Adjudication Law, shall set forth a training program for registration clerks, which shall include passage of a standardized examination of the applicant=s knowledge of the election laws necessary to perform the registration clerk=s duties. No person holding an elective office or who is a candidate, or nominee for elective office, shall be appointed or serve as a registration clerk.

(b) Term of Appointment. Any elector appointed as a registration clerk shall serve a limited term, which shall last from the date of appointment until midnight on the day that is twenty-one (21) days before the next regularly scheduled general election. The Commission shall promulgate policies and procedures to carry out the intent of this Section. The Commission may also establish other terms of appointment, consistent with the intent of this Section, for special elections, plebiscites, initiatives and any other non-general elections as they deem necessary to allow for voter registration to be conducted by duly appointed registration clerks.

(c) Grandfather Clause. Any elector appointed as a registration clerk after January 1, 2001, and prior to the enactment of this Act, shall be automatically appointed as a registration clerk for a term consistent with the provisions of this Act, as if previously appointed registration clerk was duly appointed for a term under the provisions of this Act.

SOURCE: GC § 2062 as amended by P.L. 18-26:2. Amended by P.L. 20-183:15; P.L.

25-146:14.. Amended by P.L. 26-90:1.

§ 3111. Compensation of Registration Clerks.

Any person who is appointed a district registration clerk shall receive compensation at a rate set by the Commission not more than one and one-half (1.5) times the prevailing minimum wage rate. Any employee of the government of Guam who is appointed to be a district registration clerk, and who performs such duties as a part of that person’s government employment shall not be entitled to receive the compensation authorized by this Section. Volunteer registration clerks shall not be paid by the Commission.

SOURCE: GC § 2063, added by P.L. 7-164; amended by P.L. 12-128; R/R by P.L.

21-100; P.L. 25-146:15..

§ 3112. Registration Clerks Empowered to Take Affidavits.

All Registration Clerks are empowered to take affidavits of registration, and it shall be the duty of Registration Clerks to take affidavits of registration, and to register the same in an appropriate book of registration furnished by the Commission.

SOURCE: GC § 2064.

§ 3113. Registration Clerks Not to Charge Fees.

No fees may be charged for registration or for the taking of affidavits of registration.

SOURCE: GC § 2065.

§ 3114. Return of Documents by Registration Clerks.

When the registration for any election is closed, all Registration Clerks, shall, immediately thereafter, return all affidavits of registration, and all books or pads in their possession containing stubs, spoiled or unused affidavit blanks to the Commission which shall as soon thereafter as practicable, file the original and copy of each affidavit separately in securely locked cabinets according to precincts. The original affidavit of registration shall be kept, at all times, in the office of the Commission. The duplicates shall be bound in suitable book form for each precinct so they may be utilized in conformity with § 3131.

SOURCE: GC § 2066.

§ 3115. Penalties for Acts or Omissions.

(a) Any person authorized by the Commission, having charge of affidavits of registration, or absentee ballot applications submitted in lieu of affidavits of registration, who:

(1) neglects or refuses to perform any duty required by law in connection with the registration of voters;

(2) neglects or refuses to perform such duty in the manner required by voter registration law;

(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 than as prescribed by voter registration law, or enters, or causes or permits to be entered, on such records the name of any person not entitled to be thereon; or

(4) destroys, mutilates, conceals, changes or alters any registration record in connection therewith, exceptas authorized by voter registration law, is guilty of a felony of the third degree. Each and every omission constitutes a separate offense.

(b) Any person who:

(1) knowingly provides false information on an application for voter registration under any provision of this Title;

(2) knowingly makes or attests to a false declaration as to that person=s qualifications as a voter;

(3) knowingly causes or permits oneself to be registered using the name of another person;

(4) knowingly causes oneself to be registered under two (2) or more different names;

(5) knowingly causes oneself to be registered in two (2) or more precincts;

(6) offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;

(7) accepts payment for assisting in registering voters, where payment is based on fixed a amount of money per voter registration; or

(8) knowingly causes any person to be registered or causes any registration to be transferred or canceled, exceptas authorized under this Title, is guilty of a felony of the third degree. Each and every violation constitutes a separate offense.

SOURCE: GC § 2067. Amended by P.L. 25-146:16.

§ 9124. Rules for Determining Residency.

            Each person’s residency shall be determined individually; that is, no person’s residency shall conclusively determine the residency of that person’s spouse or child.  The Commission shall not register any applicant who fails to provide sufficient information for it to determine residency.  The following rules shall determine the residency of voters, candidates and nominees.

(a) The residency of a person is that place where that person lives for a period of at least thirty (30) days, maintains that person’s home and to which, whenever that person is absent, that person has the bona fide intention to return.  For voting purposes, a person may have only one (1) residence.  Indicia of residence on Guam shall include, but not be limited to, payment of Guam personal income taxes, maintaining a home or other living accommodation on Guam, having temporarily departed Guam with the intention of returning, and not being registered to vote in any other jurisdiction since departingGuam.

(b) A person does not gain residency on Guam or any voting district into which that person comes without the present intent of establishing that person’s permanent dwelling place withinGuamor such voting district.

(c) If a person resides with one’s family in one (1) place, and does business or maintains real property in another place, the former is that person’s place of residence; but any person having a family, who establishes one’s own dwelling place other than with one’s family, with the intention of remaining there, shall be considered a resident where that person established such dwelling place.

(d) The mere intention to acquire a new residence without physical presence at such place does not establish residence.

(e) 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.

(f) A person loses one’s residency in Guam if that person registers to vote or votes in an election held in a place other thanGuam.

(g) No person who is registered to vote in another jurisdiction may vote onGuamuntil that person’s name is removed from such registration.  The Commission shall provide affidavit forms for the removal of names of voters from the election rolls of other jurisdictions.For purposes of establishing residency in a village or municipality, a person must be domiciled in that village or district for at least thirty (30) days immediately prior to the election.  For voting purposes, a person may have only one (1) place of domicile.

SOURCE: GC § 2374. Reenacted by P.L. 12-117; reenacted again by P.L. 21-100:4 (3/31/92). Amended by P.L. 25-146:38.

NOTE: GC § 2375 was repealed by P.L. 12-117, as was § 2376, GC, and § 2377, GC.

 

It is the purpose of this legislation to seek the desires to those peoples who were given citizenship in 1950 and to use this knowledge to further petition Congress and other entities to achieve the stated goals.

The intent of this Chapter shall not be construed nor implemented by the government officials effectuating its provisions to be race based, but founded upon the classification of persons as defined by the U.S. Congress in the 1950 Organic Act of Guam.

§ 21001. Definitions. For Purposes of This Chapter:

(a)  Board shall mean the Decolonization Registry Board established under the Guam Election Commission for the purposes of guiding the establishment, administration and maintenance of the Guam Decolonization Registry.

(b)  Commission shall mean the Guam Election Commission.

(c)  Descendant shall mean a person who has proceeded by birth, such as a child or grandchild, to the remotest degree, from any >Native Inhabitant of Guam,  as defined in Subsection (e), and who is considered placed in a line of succession from such ancestor where such succession is by virtue of blood relations.

(d)  Guam Decolonization Registry shall mean the index of names established by the Guam Election Commission (Commission) for the purposes of registering and recording the names of the Native Inhabitants of Guam.

(e)  Native Inhabitants of Guam shall mean those persons who becameU.S. Citizens by virtue of the authority and enactment of the 1950 Organic Act of Guam and descendants of those persons.

§ 21002. Affidavit of Registration.

            No person shall be registered with the Guam Decolonization Registry, except by affidavit of registration made before the registration clerk of the district or municipality wherein such person resides, or before a registration clerk in the office of the Commission.  The Commission shall prepare forms for the collection of data pertaining to registration eligibility, Native Inhabitant of Guam family name, and residency.

The Commission shall also require the submission of such additional information and proper documentation as will enable it to comply with this Chapter.  The affidavit shall then be made in duplicate and shall set forth all the facts required to be set forth by this Title.  Any change of residency must be reported to the Commission within thirty (30) days of such change.

§ 21002.1. Registration of Qualified CLTC Applicants.

The Commission shall waive the affidavit of registration process for individuals that have received a Chamorro Land Trust Commission lease or have been pre-approved to receive a Chamorro Land Trust Commission property lease. Those individuals shall be included on the registration roll of the Guam Decolonization Registry and are deemed registered unless the lessee requests in writing not to be included on the Decolonization Registry.

SOURCE:  Added by P.L. 30-102:3 (Mar. 12, 2010), effective retroactive to Mar. 1, 1993, pursuant to P.L. 30-102:6.

§ 21003. Persons Entitled to Register or be Registered.

Every person who is a Native Inhabitant of Guam, as defined above, or who is descended from a Native Inhabitant of Guam is entitled to register with the Guam Decolonization Registry.

§ 21004. Same: Minors.

Individuals below the age of eighteen (18) years, who turn eighteen (18) years on or before the date of the Political Status Plebiscite, shall be entitled to register with the Guam Decolonization Registry by a parent or legal guardian.  Such parent or guardian must register such minor by affidavit of registration made before the registration of the district or municipality wherein such minor resides, or before a registration clerk in the office of the Commission.  The Commission shall also require the submission of such additional information and proper documentation as will enable it to verify the relationship between parent or guardian and said minor, and to comply with the rest of this Chapter.

Any change of residency for such minor must be reported to the Commission within thirty (30) days of such change.

§ 21005. Same:  Off-Island Native Inhabitants of Guam.

            Persons, who are eligible under this Chapter to register with the Guam Decolonization Registry, but who are not on Guam at such time as they intend to register, may complete and submit, via mail or otherwise, a notarized affidavit of registration to the Commission.  Affidavits of registration shall be made available by the Commission.  The Commission shall also require from such persons the submission of such additional information and proper documentation as will enable it to comply with this Chapter.  Any change of residency must be reported to the Commission within thirty (30) days of such change.

§ 21006. Same: Minors.

            Individuals below the age of eighteen (18) years, who are eligible under this Chapter to register with the Guam Decolonization Registry, but who are not on Guam at such time as they are to be registered, may be registered by a parent or legal guardian who shall complete and submit, via mail or otherwise, a notarized affidavit of registration to the Commission on behalf of said minor.  The Commission shall require from such parent or guardian the submission of such additional information and proper documentation as will enable the Commission to comply with this Chapter.  Any change of residency must be reported to the Commission within thirty (30) days of such change.

§ 21007. Times for Registration.

A person may register with the Guam Decolonization Registry at any time during the year, except at such times when the Commission shall close the registration rolls for the purposes of conducting the Political Status Plebiscite.  At such times the registration rolls shall be closed ten (10) days prior to such Political Status Plebiscite.

§ 21008. Place of Registration.

            Registration for Native Inhabitants of Guam with the Guam Decolonization Registry shall be in progress at the main office of the Commission during such hours as the office is open for business, prior to any closing of the registration rolls.  Upon enactment of this Act, the Commission shall deputize as many volunteers to serve as registration clerks in each of the Villages and designated educational institutions, for an undetermined period after the date of enactment, as is necessary for the purposes of registering eligible persons with the Guam Decolonization Registry.  Such registration shall take place at each Mayor’s office,GuamCommunity College,University ofGuam, each high school or any other place within the Village designated by the Commission.

Native Inhabitants of Guam shall also be able to register with the Guam Decolonization Registry at such times and places withinGuamas the Commission shall deem advisable and convenient, and the Commission shall deputize volunteers for such purposes as well.

§ 21009. Unlawful Registration a Crime.

            Any person who willfully causes, procures or allows that person, or any person, to be registered with the Guam Decolonization Registry, while knowing that the person, or other person, is not entitled to register with the Guam Decolonization Registry, shall be guilty of perjury as a misdemeanor.  The Guam Decolonization Registry shall have such false affidavit of registration automatically stricken from the Registry.

§ 21010. Permanence of Records.

            Except in the event of cancellation pursuant to this Chapter or the Rules and Regulations, the registration of a Native Inhabitant of Guam is permanent for all purposes.  It shall be the duty of the Commission to issue to each registered Native Inhabitant of Guam a card indicating that such person has been registered with the Guam Decolonization Registry.

§ 21011. Qualification of Registration Clerks for the Guam Decolonization Registry.

            The Commission may appoint any qualified adult as a registration clerk.  No person holding an elective office or who is a candidate for elective office shall be appointed as a registration clerk.  Under no circumstances may a volunteer clerk deny registration to a person eligible to register or be registered with the Guam Decolonization Registry.

§ 21012. Compensation for Registration Clerks.

3 GCA § 3111 applies to compensation of registration clerks for the Guam Decolonization Registry.

§ 21013. Registration Clerks Empowered to Take Affidavits.

            3 GCA § 3112 applies to registration clerks of the Guam Decolonization Registry taking affidavits.

§ 21014. Registration Clerks Not to Charge Fees.

            3 GCA § 3113 applies to Registration Clerks for the Guam Decolonization Registry not charging fees for their registering persons or for the taking of affidavits of registration.

§ 21015. Return of Documents by Registration Clerks.

            All registration clerks shall return all affidavits of registration and all books or pads in their possession containing stubs, spoiled affidavits or unused affidavit forms to the Commission, which shall file the original and copy of each affidavit separately in a securely locked container or storage space.  The timetable for submission of documents by registration clerks and the organization of affidavits shall be determined by the Commission.  The original affidavit of registration shall be kept, at all times, in the office of the Commission.  The duplicates shall be bound in suitable book or form.

§ 21016. Penalties for Acts or Omissions.

            Any person having charge of affidavits of registration is guilty of a misdemeanor who:

(a)     neglects or refuses to make all the entries provided for in this Title; or

(b)     fails or neglects to comply with any provision of this Chapter.

§ 21017. Reports to the Attorney General.

            The Commission shall report to the Attorney General of Guam the names of any registration clerk who has not complied with the provisions of this Chapter.

§ 21018. Costs to Registration Clerks.

            3 GCA § 3118 applies to registration clerks for the Guam Decolonization Registry.

§ 21019. Certified Copy of Registration as Evidence.

            3 GCA § 3119 applies to applicants for the Guam Decolonization Registry.

§ 21020. Report of Deaths.

            3 GCA § 3123 applies to the Director of the Department of Public Health and Social Services for the purpose of this Guam Decolonization Registry.

§ 21021. Action to Compel Registration.

            If a registration clerk refuses to register any person eligible to register with the Guam Decolonization Registry, such person may appeal such refusal to the Commission, and if the Commission upholds or affirms the ruling of the registration clerk, such person may proceed by action in the Superior Court of Guam to compel that person’s registration.  In an action under this Section, as many persons may join as plaintiffs, as have causes of action.

§ 21022. Action to Compel Cancellation.

            Any person may proceed by action in the Superior Court of Guam to compel the Commission to cancel any registration made illegally.  If the person whose registration is sought to be canceled is not a party to the action, the Court may order that person to be made a party defendant.  The Commission, and as many persons as there are causes of action against, may be joined as defendants.

§ 21023. Preservation of Registration Affidavits.

            The Commission shall preserve all un-cancelled affidavits of registration, and the cancelled duplicates, made for the purpose of procuring registration.  The affidavits of registration shall constitute the Guam Decolonization Registry required to be kept by the provisions of this Chapter.