Organizational and Campaign Finance Seminars and FAQs

In preparation for the upcoming Primary Election on August 25, 2018, the Guam Election will be conducting Organizational and Campaign Finance Seminars in the GEC Conference Room on the second floor of the GCIC Building in Hagåtña on the following dates and times:

Thursday, March 8, 2018 – 5:30 p.m. – 8:30 p.m.
Friday, March 9, 2018 – 2:00 p.m. – 5:00 p.m.
Thursday, April 12, 2018 – 5:30 p.m. – 8:30 p.m.
Friday, April 13, 2018 – 2:00 p.m. – 5:00 p.m.
Thursday, May 10, 2018 – 5:30 p.m. – 8:30 p.m.
Friday, May 11, 2018 – 2:00 p.m. – 5:00 p.m.
Thursday, June 14, 2018 – 5:30 p.m. – 8:30 p.m.
Friday, June 15, 2018 – 2:00 p.m. – 5:00 p.m.
Thursday, July 12, 2018 – 5:30 p.m. – 8:30 p.m.
Friday, July 13, 2018 – 2:00 p.m. – 5:00 p.m.
Thursday, August 9, 2018 – 5:30 p.m. – 8:30 p.m.
Friday, August 10, 2018 – 2:00 p.m. – 5:00 p.m.

The Organizational and Campaign Finance Seminars are aimed to assist candidates and potential candidates – and all persons interested – in filing Organizational Reports and Election Campaign Contributions and Expenditures Reports. All candidates and potential candidates and their committees and supporters are invited to attend. Please contact GEC at 477-9791 or vote@gec.guam.gov to confirm your attendance and note that space is limited. Please let us know if you require additional information.

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Please click on the links below for more information regarding campaign contributions and expenditures and other reporting information and requirements:

3 GCA Chapter 17: Election Campaign Contributions and Expenditures

Organizational Reports and Election Campaign Contributions and Expenditures Reports Checklist 

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Frequently Asked Questions

  1. When is an Organizational Report due?

    No later than the earliest of the following applicable days:
    -by the tenth (10th) business day after receiving any contributions for the next campaign in an aggregate amount of more than $250 or the making or incurring of any expenditure for the next campaign in excess of $250
    -on or before the day of filing for nomination or election
    [3 GCA § 17106(a)(b); raised and addressed on 6/13/2017]

  2. What is the limit for corporate contributions?

    -no more than $500 worth of tickets for each fundraising dinner or function for any political party or candidate
    -no more than $1,000 (worth of tickets) for any one candidate in any calendar year for any primary election
    -no more than $1,000 (worth of tickets) for any one candidate in any general or special election
    [3 GCA § 17113(a)(b); raised and addressed on 6/13/2017]

  3. What is the limit for contributions from individuals?

    -no more than $1,000 for any one candidate in any calendar year for any primary election
    -no more than $1,000 for any one candidate in any general or special election
    [3 GCA § 17113(a)(b); raised and addressed on 6/13/2017]

  4. What is the limit for Anonymous Contributions?

    -no more than $100
    [3 GCA § 17111(a); raised and addressed on 6/13/2017]

  5. Are campaign funds subject to taxation?

    -Any political candidate, committee, or party, which raises contributions or other things of value for campaign or political purposes, shall not be required to register with the Department of Revenue and Taxation nor file any tax returns with the Department of Revenue and Taxation unless liable for the Territorial Income Tax. There shall be no business privilege tax imposed on campaign contributions or money or things of value raised from fund-raising activities if later reported to the Election Commission, whether or not required to do so under any provision of this Title.
    [3 GCA § 17117; raised and addressed on 6/13/2017]

  6. What must be reported?

    -The full name, address, office sought when known, and party affiliation of each candidate or individual whom the committee or party is supporting and the name and address of the committee or party.
    -The full names and addresses of the campaign treasurer and deputies.
    -The full names and addresses of the campaign chairman and deputy campaign chairman.
    -A list of all banks, safety deposit boxes, or other depositories used and the applicable account numbers.
    -The amount and date of deposit of the contributions and the name and address of each individual donor who has made a contribution of more than One Hundred Dollars ($100.00).
    -Any change in information submitted in the organizational report other, shall be reported no later than the tenth (10th) day after the change or when the candidate, committee, party, or campaign treasurer, becomes aware of the change.
    [3 GCA § 17107; raised and addressed on 6/20/2017]

  7. How is an Organizational Report filed?

    -Candidates, political parties, political action committees, and campaign committees may obtain the Organizational Report forms from GEC. A certified hard copy of Organizational Reports must be filed at the office of the GEC in Hagåtña, along with an electronic copy.
    [raised and addressed on 6/20/2017]

  8. Can campaign contributions be used to donate to medical fundraisers?

    -No.
    [raised and addressed on 6/20/2017]

  9. According to 3 GCA § 17101, what is the definition of an advertisement?

    -Any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a candidate, which identifies a candidate directly or by implication, or which advocates or supports the nomination for election of the candidate, or advocates or supports his or her defeat.
    -Any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a committee, which identifies an issue or question which appears or is reasonably certain to appear on the ballot at the next applicable election, or which advocates or supports the passage or defeat of the question or issue.
    [3 GCA § 17101(a); raised and addressed on 6/20/2017]

  10. According to 3 GCA § 17101, what is the definition of a campaign treasurer?

    -Campaign treasurer means a person appointed under § 17108 of this Chapter, and, unless expressly indicated otherwise, includes deputy campaign treasurers.
    -Every committee, political party, and candidate shall appoint a campaign treasurer on or before the day for filing an organizational report. Up to five (5) deputy campaign treasurers may be appointed. A candidate may appoint himself or herself as campaign treasurer.
    -Each campaign treasurer shall be authorized to receive contributions or make expenditures on behalf of the candidate, committee, or political party appointing him.
    [3 GCA § 17101(b), § 17108; raised and addressed on 6/20/2017]

  11. According to 3 GCA § 17101, what is the definition of a contribution?

    -A gift, subscription, loan, advance, deposit of money or anything of value, or cancellation of a debt or legal obligation for the purpose of: (A) influencing the nomination for election, or election of any person to office; or (B) influencing the outcome of any question or issue which appears or is reasonably certain to appear on the ballot at the next applicable election; or (C) use by any party for those purposes.
    -The payment, by any person other than a candidate or committee, or compensation for the personal services of another person, which are rendered to the candidate or committee without charge or at an unreasonably low charge, a discount not offered to any other candidate or committee other than volunteer campaign services.
    -A contract, promise, or agreement to make a contribution; provided, that the term shall not include services or portions thereof voluntarily provided without reasonable compensation by individuals to or in behalf of a candidate or committee; or (4) notwithstanding Subsections (1) (2) and (3) herein, a candidate’s expenditure of his or her personal funds in the pursuit of his or her campaign shall not be a contribution for the purpose of this Subsection.
    [3 GCA § 17101(f); raised and addressed on 6/20/2017]

  12. Who can certify reports? Are reports open for public inspection?

    -All reports required to be filed by this Chapter by a candidate or committees supporting a candidate with his consent shall be certified as correct by the candidate. All reports required to be filed under this Chapter by a political party or any other committee shall be certified correct by the party, or committee treasurer, or the deputy treasurer, or the chairman, thereof, in that order. All reports required to be filed with the Election Commission shall be open for public inspection.
    [3 GCA § 17103; raised and addressed on 6/20/2017]

  13. Does a report need to be filed on behalf of a deceased candidate?

    -If a candidate dies prior to the filing of his or her final report, the campaign treasurer for the election committee of said candidate shall file a final report as required by § 17118. The treasurer shall note in the report that the candidate is deceased and that it will be the last report of the candidate’s status, even if there is a deficit or a surplus.
    -If a candidate passes away after a final report has been submitted to the Commission, but before a supplemental report is due regarding a deficit or surplus as provided in Subsections (c) and (d) of § 17118, the treasurer or authorized representative of the candidate shall file the supplemental report showing the status of the deficit or surplus and note therein that the candidate is deceased and no further reports shall be forthcoming.
    [3 GCA § 17104-5; raised and addressed on 6/20/2017]

  14. What can campaign contributions be used for?

    -(a) A candidate, campaign treasurer, or committee shall not receive any contribution, make any expenditure, or receive or make any transfer of money or anything of value;
    (1) for any purpose other than those directly related to:
    (A) in the case of the candidate, to his or her own campaign; provided, that no expenditure shall be made for the benefit of any personal property of any candidate; or
    (B) in the case of a campaign treasurer or committee, to the campaign of the candidate, question, or issue with which they are directly associated; or
    (2) to campaign against any other candidate not directly opposing the candidate for whom the funds were collected or with whom the campaign treasurer or committee is directly associated, provided that a candidate, campaign treasurer, or committee may purchase from its campaign fund not more than two (2) tickets for each testimonial or fundraising affair held by another candidate, committee, or political party.
    -(b) This Section shall not be construed to prohibit a political party from supporting more than one (1) candidate, or to prohibit joint expenditure by two (2) or more candidates seeking election to multiple offices whether the expenditures are equally or unequally incurred among such candidates; provided, that the allocation of expenditures between the candidates is based upon reasonable objective standards. The political party or candidates, whichever is applicable, shall make the initial allocation between candidates. If the allocation is disallowed by the Commission, and the allocation of expenditures is not corrected as prescribed by the GEC, the allocation found shall presume to be a transfer of funds in violation of this Section.
    [3 GCA § 17110; raised and addressed on 6/20/2017]

  15. Who can authorize campaign fund expenditures? What information should be reported regarding expenditures?

    -(a) A candidate may draw on the campaign treasurer for expenditures related to his or her campaign or political activities. The candidate shall make a detailed accounting of his campaign expenditures and the accounting shall be made a part of the reports required in §§ 17116 and 17117 of this Chapter. The account shall state the amount and purpose of the expenditures and other information required by the Election Commission, and shall be signed and certified by the campaign treasurer.
    -(b) No funds shall be withdrawn or paid from a campaign depository except on the written authorization of the campaign treasurer.
    [3 GCA § 17114; raised and addressed on 6/20/2017]

  16. Who should receive copies of a candidate’s/committee’s/party’s organizational report?

    -The candidate, party, or committee, when signing any type of contract, shall provide the other party of the contract a copy of its organizational report, stamped by the Guam Election Commission. Failure to comply with this Section shall result in a fine of not less than One Thousand Dollars ($1,000.00) to both parties.
    [3 GCA § 17115; raised and addressed on 6/20/2017]

  17. When are preliminary reports due?

    -Each candidate, or authorized person in the case of a political party, or campaign treasurer in the case of a committee, shall file a preliminary report with the Election Commission on forms provided by the Election Commission not later than the tenth (10th) day prior to each election or primary, as the case may be.
    [3 GCA § 17116; raised and addressed on 6/20/2017]

  18. What is reported in a preliminary report?

    -The report shall be certified pursuant to § 17103 of this Chapter and shall contain the following information, which is to be current through the fifteenth (15th) calendar day prior to the election or primary:
    (a) the aggregate sum of all contributions received;
    (b) the amount and date of deposit of the contribution and the name and address of each donor who contributes an aggregate of more than One Hundred Dollars ($100.00);
    (c) all expenditures made, incurred, or authorized by or for a candidate, including the name and address of each payee and the amount, date, and purpose of each expenditure; and
    (d) a current statement of the balance on hand or deficit.
    [3 GCA § 17116; raised and addressed on 6/20/2017]

  19. When are final reports due?

    -(a) Each candidate whether or not successful in a primary or special primary election, or authorized person in the case of a party, or campaign treasurer in the case of a committee, shall file a final primary report not later than the tenth (10th) day after the primary or special primary election, certified pursuant to § 17103 of this Chapter.
    -(b) Each candidate, or authorized person in the case of a committee, shall file a final general report with the Election Commission not later than the twentieth (20th) day after a general or special election, certified pursuant to § 17103 of this Chapter, and reporting all items prescribed in Subsection (a) of this Section. A candidate who is unsuccessful in a primary or special primary election need not file a final general report.
    [3 GCA § 17118; raised and addressed on 6/20/2017]

  20. What situations warrant the filing of supplemental reports? When are supplemental reports due?

    In the event of a deficit, the candidate or authorized person in the case of a committee shall, every three (3) months until the deficit is eliminated, file a supplemental report, the first of which shall be due not later than sixty (60) days following the election.
    In the event of a surplus, the candidate or authorized person in the case of a committee shall:
    (l) maintain the cash surplus in a financial depository; and
    (2) every six (6) months, until he or she becomes a candidate again, file supplemental reports reporting all items prescribed in Subsection (a) of this Section. The first report shall be due not later than sixty (60) days after the election.
    [3 GCA § 17118(c)(d); raised and addressed on 6/20/2017]

  21. How should campaign funds be handled if a candidate decides not to run for office before the election?

    -(a) All candidates who withdraw or cease to be candidates, or committees directly associated with these candidates, or persons who receive contributions but fail to file for nomination, or committees or parties which discontinue their activities covered in this Chapter, shall return any residual contributions to the political party of the person or candidate or to the campaign committee of a person of the same party who is a candidate for the same office as the person who has ceased to receive contributions or to be a candidate.
    -(b) Upon dissolution, the candidate or campaign treasurer shall file a report with the Election Commission reporting the amounts distributed under this Section and the manner of disposition.
    [3 GCA § 17119; raised and addressed on 6/20/2017]

  22. What information should be printed on advertisements?

    -(a) No person shall cause or submit any advertisement in support of a candidate to be published, broadcasted, televised, posted on-line, mass-mailed, canvassed, or otherwise circulated and distributed, except under the following conditions:
    (1) the advertisement shall contain a notice in a prominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed, canvassed, or otherwise circulated with the approval and authority of the candidate; provided, that in the event that the literature or advertisement is paid for by a candidate or committee directly associated with a candidate, the notice of approval and authority need not be included; or
    (2) the advertisement shall contain a notice in a prominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed, canvassed or otherwise circulated without the approval and authority of the candidate.
    -(b) All advertisements mentioned in Subsection (a) above, and all other advertisements of a political nature, shall contain the true name and address of the candidate, committee, person or political party paying for same.
    -(c) In the case of video advertisements of a political nature for any medium, the advertisement shall contain an audio statement that identifies the candidate and states that the candidate either has approved the communication, or the communication is being circulated without the approval and authority of the candidate. Such statement shall be conveyed by the following:
    (1) for approved communications, an unobscured, full-screen view of the candidate making the statement, or the candidate in voiceover, accompanied by a clearly identifiable photographic or similar image of the candidate; or
    (2) for non-approved communications, a statement in voiceover that the communication is being circulated without the approval and authority of the candidate.
    -(d) In advertisements of a political nature, such approval or nonapproval statement shall also appear in writing at the end of the communication in a clearly readable typeface, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least four (4) seconds.
    -(e) Every person who willfully causes, produces, provides funding for, or assists in the production of a message of a political nature which the person knows to be incorrect or purposefully misleading and in which a candidate, rather than an issue, is the target; or which is in violation of this § 17120, shall be subject to a civil penalty of not more than Five Thousand Dollars ($5,000) per each separately produced message.
    -(f) The penalty herein shall be deposited in the General Fund for the use of the Guam Election Commission, subject to appropriation by I Liheslaturan Guåhan. A report of all penalties shall be submitted quarterly to I Maga’lahen Guåhan and I Liheslaturan Guåhan.
    [3 GCA § 17120; raised and addressed on 6/20/2017]

  23. Are there fines associated with violations of campaign contributions and expenditure laws?

    -(a) Any person willfully violating any provision of this Chapter shall, unless otherwise expressly stated, be punishable in the manner prescribed as follows:
    (1) if a natural person, that person shall be guilty of a misdemeanor and shall be subject to fines and/or the penalties specified therefore; or
    (2) if a corporation, organization or association, it shall be punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) per offense and the penalties specified therefore; and
    (3) whenever a corporation, organization, or association violates this Chapter, the violation shall be deemed to be also that of the individual directors, officers or agents of the corporation, organization or association who have knowingly authorized, ordered or participated in any of the acts constituting the violation.
    -(b) any person may sue for injunctive relief to compel compliance with the Chapter.
    [3 GCA § 17122; raised and addressed on 6/20/2017]

  24. What are the duties of the Guam Election Commission?

     

     

    -as it relates to 3 GCA Chapter 17: Election Campaign Contributions and Expenditures (3 GCA § 17102)

     

     

    The Election Commission shall supervise campaign contributions and expenditures, and its duties in regards to this Chapter shall include, but not be limited to, the following:

    (a) to ascertain whether any candidate, committee, political party, or other person has failed to file a report required by this Chapter or has filed a substantially defective or deficient report, and to notify the person(s) that their failure to file or filing of a substantially defective or deficient report shall be corrected and explained, the correction or explanation to be submitted in writing to the Commission within a reasonable time after the notification of the deficiency or failure to file. The Election Commission shall make available a list of candidates, committees, and political parties who have failed to correct their deficiency within the time allowed by the Election Commission. Failure to properly respond to the notification shall constitute a violation of this Chapter;

    (b) to develop and adopt reporting forms required by this Chapter;

    (c) to preserve all reports required by this Chapter for at least five (5) years from the date of receipt;

    (d) to permit the inspection, copying or duplicating of any report required by this Chapter pursuant to rules adopted by the Election Commission for such purpose; provided, that no information or copies from the reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose;

    (e) to investigate and hold public hearings for receiving evidence of any violations, and to summon witnesses before it;

    (f) to request the initiation of prosecution for the violation of any requirements of this Chapter;

    (g) to offer advisory opinions to interested persons regarding compliance with the requirements of this Chapter; and

    (h) to issue fines for any violations of this Chapter. Any fines herein shall be deposited in the General Fund for the use of the Guam Election Commission, subject to appropriation by I Liheslaturan Guåhan. A report of all fines shall be submitted quarterly to I Maga’lahi and I Liheslaturan Guåhan. Schedule of fines will follow the Administrative Adjudication Act.

    -Perform duties relative to the conduct of elections
    -Prepare an Election Manual of administrative procedures, rules, regulations, and forms to be used in the conduct of elections
    -Provide all necessary forms described in the Election Manual
    -Recommend amendments or supplementation of laws affecting elections or the office of the Commission
    -Prepare statistical information regarding elections
    -Supervise campaign contributions and expenditures
    -Ascertain whether any candidate, committee, political party, or other person has failed to file a report required by this Chapter or has filed a substantially defective or deficient report, and to notify the person(s) that their failure to file or filing of a substantially defective or deficient report shall be corrected and explained, the correction or explanation to be submitted in writing to the Commission within a reasonable time after the notification of the deficiency or failure to file. The Election Commission shall make available a list of candidates, committees, and political parties who have failed to correct their deficiency within the time allowed by the Election Commission. Failure to properly respond to the notification shall constitute a violation of this Chapter;
    -Develop and adopt reporting forms required by this Chapter;
    -Preserve all reports required by this Chapter for at least five (5) years from the date of receipt;
    -Permit the inspection, copying or duplicating of any report required by this Chapter pursuant to rules adopted by the Election Commission for such purpose; provided, that no information or copies from the reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose
    -Investigate and hold public hearings for receiving evidence of any violations, and to summon witnesses before it;
    -Request the initiation of prosecution for the violation of any requirements of this Chapter;
    -Offer advisory opinions to interested persons regarding compliance with the requirements of this Chapter;
    -Issue fines for any violations of this Chapter. Any fines herein shall be deposited in the General Fund for the use of the Guam Election Commission, subject to appropriation by I Liheslaturan Guåhan. A report of all fines shall be submitted quarterly to I Maga’lahi and I Liheslaturan Guåhan. Schedule of fines will follow the Administrative Adjudication Act.

    [3 GCA § 2103(a)(d), § 2104, § 2105; § 17102 raised and addressed on 6/20/2017]