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Dear Candidate,
Congratulations on your decision to seek an elected public office. The Board of Directors
and Staff of the Guam Election Commission look forward to this election year and are
prepared to provide you with the best possible assistance and service. This Candidate’s
Handbook for Elected Public Office is prepared to assist you in your campaign. It
contains a compilation of information and procedures on running for elected public
office in Guam.
We request your cooperation in adhering to all the policies, rules, procedures, and
regulations of the Guam Election Commission, and the Election Laws of Guam. We welcome
any comments, suggestions, or questions you may have on the upcoming 2004 elections.
Very respectfully,
GERALD A. TAITANO
Executive Director
BOARD OF DIRECTORS
Atty. Frederick J. Horecky, Chairman
Mrs. Mary C. Torres, Vice Chairman
Atty. Ignacio C. Aguigui, Director
Mr. Florencio T. Ramirez, Jr., Director
Ms. Rossana D. San Miguel, Director
Dr. Gregorio C. San Nicolas, Director
Mr. John P. Taitano, Director
LEGAL COUNSEL
Atty. Cesar C. Cabot
STAFF MEMBERS
Mr. Anthony F. Elliott, Director of Information Technology
Ms. Brenda L. Untalan, Program Coordinator II
Mrs. Stephanie N. Chargualaf, Program Coordinator I
Mr. David P. Chargualaf, Jr., Program Coordinator I
Mrs. Juanita P. Calvo, Clerk Typist III
TABLE OF CONTENTS
GENERAL INFORMATION
The following are general rules to follow when becoming a candidate. Adherence
to these guidelines will ensure a smooth election process.
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Review the contents of this handbook. Jot down any questions you may have that are
not answered within this handbook.
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Call 477-9791/2/3, or visit the Guam Election Commission’s office on the 2nd floor,
Suite 200, GCIC Building, 414 West Soledad Avenue, Hagatna.
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Along with your packet are various documents you will be filing. Carefully review
these materials and complete the documents as required. Some of these documents will
be filed the same day you file your nominating petitions.
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Ensure that you meet the qualifications for the office you are pursuing.
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When you or your committee members begin to circulate your nominating petitions, ensure
that only registered voters sign your petition.
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Prior to filing your nominating petitions, ensure that all the necessary documents
are completed, as follows:
a. Filing fee - $100.00 (Request receipt when filing)
b. Certification of Qualifications
c. Nominating Petitions
d. Financial Disclosure Statement (If required)
e. Organizational Report
f. Candidate’s Information Card
g. Police Clearance
h. Signed affidavit attesting that the candidate has not been convicted for a felony
or misdemeanor in any State or Territory of the United States, or foreign country
(P.L. 26-171).
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All required forms may be obtained at the Guam Election Commission’s office.
The above outlines some of the important things you must know. However, it is incumbent
upon all prospective candidates to read, understand, and comply with the provisions
of the Election Laws of Guam.
THE CANDIDATE
A. GOVERNOR
There is no gubernatorial election in 2004. The next gubernatorial election is scheduled
for 2006. The following, therefore, is provided for general information only.
1. Qualifications
a. Must be at least thirty (30) years of age on Monday, January 1, 2006;
b. Must be an eligible voter;
c. Must have been, for five consecutive years immediately preceding the election,
a citizen of the United States and a bona fide resident of Guam; and
d. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Ninety Thousand Dollars ($90,000) annually.
3. Term of Office
Four years. The term of the Governor elected in 2006 commences on the first Monday
of January following the date of election, i.e., January 1, 2007 through January 2,
2011. No person who has been elected Governor for two full successive terms shall
again be eligible to hold that office until one full term has intervened.
B. LIEUTENANT GOVERNOR
1. Qualifications
a. Must be at least thirty (30) years of age on Monday, January 1, 2007;
b. Must be an eligible voter;
c. Must have been, for five consecutive years immediately preceding the election,
a citizen of the United States and a bona fide resident of Guam; and
d. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Eighty-five Thousand Dollars ($85,000) annually.
3. Term of Office
Four years. The term of the Lieutenant Governor elected in 2006 commences on the first
Monday of January following the date of election, i.e., January 1, 2007 through January
2, 2011.
C. SENATOR
1. Qualifications
a. Must be a citizen of the United States of America;
b. Must be at least twenty-five (25) years of age by January 3, 2005;
c. Must have been domiciled in Guam for at least five (5) years immediately preceding
the sitting of the Legislature (January 3, 2000 to January 3, 2005);
d. Must have never been convicted of a felony or a crime involving moral turpitude,
and has not received a pardon restoring his or her civil rights;
e. Must not be holding an office, position or appointment in the Government of Guam,
which requires the advice and consent, or confirmation of the Legislature; and
f. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Fifty-six Thousand Dollars ($56,000) annually.
3. Term of Office
Two years. The term of the Senators elected in 2004 commences on the first Monday
of January following the date of election (January 3, 2005 to January 2, 2007).
4. How Elected
The Legislature shall be elected at large and composed of no more than fifteen (15)
members receiving the highest number of votes.
D. NON-VOTING DELEGATE TO THE U.S. HOUSE OF
REPRESENTATIVE
1. Qualifications
a. Must be at least twenty-five (25) years of age on the date of the election;
b. Must have been a citizen of the United States of America for at least seven (7)
years;
c. Must be an inhabitant of Guam;
d. Must not be, on the date of the election, a candidate for any other office; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
One Hundred Twenty-five Thousand Dollars ($125,000) annually.
3. Term of Office
Two years. The term of the Delegate shall commence on the third day of January following
the date of the election (January 3, 2005).
4. How Elected
The Delegate shall be elected by the people qualified to vote for the members of the
Legislature of Guam, and shall be voted at large by separate ballot by a majority
of the votes cast for the Office of Delegate. If no candidate receives a majority,
on the fourteenth day following such election, a runoff election shall be held between
the candidates receiving the highest and second highest number of votes for the Office
of Delegate.
E. ATTORNEY GENERAL OF GUAM
There is no election for the Office of the Attorney General of Guam in 2004. The
next election for the Office of the Attorney General of Guam is scheduled for 2006.
The following, therefore, is provided for general information only.
5GCA30101 provides for the Department of Law of the Government of Guam to be administered
by the Attorney General of Guam, who shall be elected by the people of Guam for a
term of four years.
1. Qualifications
a. Must be at least thirty-five (35) years of age;
b. Must be a citizen of the United States and a resident of Guam;
c. Must be an active member in good standing of the Guam Bar Association on Guam for
at least five (5) years immediately preceding his or her candidacy for office, or
an inactive member of the Guam Bar Association who, in the five (5) years preceding
his or her election as an Attorney General has served as an elected official elected
by the people of Guam or as a Public Auditor of Guam, or as a Justice of the Supreme
Court of Guam or Judge of the Superior Court of Guam;
d. Must have not have been suspended from the practice of law in any jurisdiction
for violation of ethical rules governing the practice of attorneys; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
5GCA30116 establishes the annual salary for the Attorney General of Guam at ninety
percent (90%) of the annual compensation of a judge of the Superior Court of Guam.
At the time of this writing, the annual compensation of a superior court judge is
$100,000. The annual salary of the Attorney General of Guam is therefore $90,000.
3. Term of Office
The Attorney General of Guam shall serve a term of four (4) years.
4. How Elected
5GCA30101. The Attorney General of Guam shall be elected by the voters of Guam in
a general election occurring at the same time as the general election for Governor
and Lieutenant Governor. No candidate for the position of Attorney General shall declare
a political party affiliation. A candidate for the position of Attorney General of
Guam shall be subject to the same campaign and personal financial reporting requirements
as applied to candidates for I Maga’lahen Guahan, as well as all laws pertaining to
campaign contributions. No nominating petition shall be required of a candidate for
Attorney General of Guam.
A candidate for the position of Attorney General of Guam shall file candidacy with
the Guam Election Commission in the manner similar to a candidate for I Maga’lahen
Guahan, except as is not consistent with this Section. There shall be no primary election
for the position of Attorney General of Guam.
In the general election, the candidate receiving the most votes, subject to the qualifications
established by this Chapter, shall be certified by the Guam Election Commission as
having won election to the position of Attorney General.
The Attorney General elected at such time shall be sworn into and take office on the
first Monday of the January following the general election at which the Attorney General
was elected and shall remain in office until the election and swearing in of a new
Attorney General.
F. GUAM EDUCATION POLICY BOARD
Public Law 26-26 created a Guam Education Policy Board consisting of thirteen
(13) voting members. Nine (9) members of the Board shall be elected through district-wide
elections at each General Election for a term of two years; one (1) student member
of the Board shall be elected by the Island-wide Board of Governing Students; and
three (3) members of the Board shall be appointed by the Governor.
The information provided below applies to the nine (9) members of the Board who are
elected through district-wide elections at each General Election for a term of two
years.
1. Qualifications
a. Must not be an unclassified or contract employee of the Executive or Legislative
branch of the government of Guam, or an employee of the Department of Education;
b. Must be at least twenty-five (25) years of age;
c. Must be a resident of Guam for at least two (2) years, and a resident and domiciliary
in the District the candidate will be representing for at least two (2) years immediately
preceding the date on which the member takes office and continuing throughout his
or her term;
d. Must be a citizen of the United States of America; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Members of the Guam Education Policy Board shall be paid Seventy-five Dollars ($75.00)
for each day on which they attend a regular, special or executive meeting, not to
exceed One Hundred Fifty Dollars ($150.00) in any month.
3. Term of Office
The nine (9) elected members of the Guam Education Policy Board shall serve a term
of two (2) years. The term of office of the Board member elected pursuant to Public
Law 26-26 shall commence at 12:00 p.m. on the date of their certification of election
by the Guam Election Commission.
4. How Elected
Nomination of candidates for the Guam Education Policy Board shall be made by petition
on a form prescribed by the Guam Election Commission, and initiated by the candidate.
In order for a person’s name to be placed on the ballot for election to the Board,
such petition must be signed by not less than one hundred fifty (150) persons registered
to vote in and residing in the district the candidate is seeking to represent, and
must be filed with the Guam Election Commission not later than seventy-five (75) days
prior to the General Election for that office. The nine (9) elected members of the
Board shall be elected by districts, as follows:
Board District Number of Elected Members Municipalities
Distritun “Lagu”: Three (3) Members Dededo and Yigo
Distritun “Kattan”: Two (2) Members Barrigada, Chalan Pago-Ordot,
Mongmong-Toto-Maite, and
Mangilao
Distritun “Luchan”: Two (2) Members Agana Heights, Asan-Maina, Piti,
Hagatna, Sinajana, and Tamuning
Distritun “Haya”: Two (2) Members Agat, Inarajan, Merizo, Santa Rita,
Talofofo, Umatac, and Yona
The election for the Guam Education Policy Board is non-partisan, and no political
party shall directly or indirectly sponsor, nominate or endorse any of the candidates
for such office.
G. MAYOR
1. Qualifications
a. Must be a citizen of the United States of America;
b. Must be at least twenty-one (21) years of age;
c. Must be registered to vote in and have resided within the municipality or village
in which he or she is to represent for a period of thirty (30) days immediately preceding
the date of the election at which he or she is a candidate;
d. Must continue to reside in the municipality or village throughout his or her term
in office; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Forty-six Thousand Sixty-two Dollars ($46,062) annually
3. Term of Office
Four years. The term of the Mayor shall commence at 12:00 p.m. noon on the first Monday
of January following the date of election.
4. How Elected
The Mayor is elected by the voters in the municipality or village that he or she is
seeking to represent. The following is a listing of the nineteen (19) municipalities
/ villages that are authorized one seat:
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Municipality of Agana
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Municipality of Asan-Maina
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Municipality of Piti
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Municipality of Agat
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Village of Santa Rita
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Municipality of Umatac
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Municipality of Merizo
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Municipality of Inarajan
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Municipality of Talofofo
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Municipality of Yona
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Chalan Pago and Ordot
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Municipality of Sinajana (Sinajana Village)
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Agana Heights
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Mongmong-Toto-Maite
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Municipality of Barrigada
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Municipality of Mangilao
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Village of Tamuning
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Municipality of Dededo
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Municipality of Yigo
H. VICE MAYOR
1. Qualifications
a. Must be a citizen of the United States of America;
b. Must be at least twenty-one (21) years of age;
c. Must be registered to vote in and have resided within the municipality or village
in which he or she is to represent for a period of one year immediately preceding
the date of the election at which he or she is a candidate;
d. Must continue to reside in the municipality or village throughout his or her term
in office; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Forty-two Thousand Two Hundred Sixty Four Dollars ($42,264) annually
3. Term of Office
Four years. The term of the Vice Mayor shall commence at 12:00 p.m. noon on the first
Monday of January following the date of election.
4. How Elected
The Vice Mayor is elected by the voters of the municipality or village that he or
she is seeking to represent. The following is a listing of the five (5) municipalities
/ villages that are authorized one seat:
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Municipality of Agat
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Municipality of Sinajana (Sinajana Village)
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Municipality of Barrigada
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Village of Tamuning
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Municipality of Dededo
I. PUBLIC AUDITOR
1. Qualifications
a. Must be a citizen of the United States of America;
b. Must be a resident of Guam for the five (5) years preceding his or her election;
c. Must be either a certified public accountant, or an attorney at law, or have at
least five (5) years of experience in the establishment or enactment of government
budgets; and
d. Must not have been suspended in any U.S. or non-U.S. jurisdiction by an ethics
board overseeing the certified public account or attorney, as the case may be; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Eighty-two Thousand and Twenty-Five Dollars ($82,025) annually.
3. Term of Office
The public auditor shall serve a term of four (4) years. No person shall serve more
than two (2) consecutive terms as public auditor.
4. How Elected
Section 1903. The public auditor shall be elected by the voters of Guam in a general
election occurring at the same time as the general election for Mayors. The public
auditor is a non-partisan office. No candidate for the position of public auditor
shall declare a political party affiliation. In the general election, the candidate
receiving the most votes, subject to the qualifications established by Chapter 19,
Title 1 Guam Code Annotated shall be certified by the Guam Election Commission as
having won election to the position of public auditor. The public auditor elected
at such time shall be sworn into office on the first Monday of the following January.
J. CONSOLIDATED COMMISSION ON UTILITIES
Public Law 26-76 created an elected Consolidated Commission on Utilities consisting
of five (5) Commissioners elected at-large by the voters of Guam in a General Election.
1. Qualifications
a. Must be a registered voter of Guam;
b. Must be at least twenty-five (25) years of age;
c. Must have been a resident of Guam for at least five (5) years;
d. Must not be an employee of the government of Guam; and
e. Pursuant to P.L. 26-171, must not have been convicted of a felony, and must not
have been convicted of a misdemeanor involving criminal sexual conduct or crime of
moral turpitude.
2. Salary
Members of the Consolidated Commission on Utilities shall be compensated at the rate
of One Thousand Dollars ($1,000.00) per month. Commissioners shall not be eligible
for government of Guam retirement or insurance benefits, or other benefits associated
with government of Guam employment. Commissioners who are government of Guam retirees
may serve on the Commission without giving up their retirement benefits.
3. Term of Office
The first election for members of the Commission occurred in the General Election
of 2002. The three (3) candidates receiving the highest number of votes were elected
to each serve a four (4) year term. The two (2) candidates receiving the next highest
numbers of votes were elected to each serve a two (2) year term.
4. How Elected
The five (5) Commissioners of the Consolidated Commission on Utilities are elected
at-large by the voters of Guam in a General Election.
The election for the Office of Commissioner is non-partisan. No candidate for the
Office of Commissioner shall identify himself or herself as a member of any political
party on Guam for the purpose of his or her campaign. Further, the candidate shall
not receive any endorsement or material support from any political party on Guam during
the course of his or her campaign.
NOMINATION AND FILING PROCEDURES
WHERE TO OBTAIN NOMINATION PAPERS / CANDIDATE’S PACKET
The Guam Election Commission is the only agency authorized to issue nominating petitions
/ candidate’s packets. The procedures to obtain them are as follows:
1. A person interested in pursuing public elected office must personally pick up nominating
petitions or a candidate’s packet. Otherwise, he/she shall authorize another individual
to retrieve such documents on their behalf by presenting to the Guam Election Commission
an authorization letter.
2. In case of a team (Governor / Lt. Governor), either individual shall pick up nominating
petitions or a candidate’s packet, or authorize another individual to retrieve such
documents on their behalf by presenting to the Guam Election Commission an authorization
letter.
3. In the event there is a group of individuals, not less and no more than five (5),
and are registered voters – who are interested in sponsoring a candidate as permitted
by Title 3 GCA, are permitted to pick up nominating petitions or a candidate’s packet
without obtaining the required authorization of the candidate, however, a letter signed
by the five individuals shall be filed with the Guam Election Commission.
CIRCULATORS
Your nominating petitions may be circulated by yourself and/or by any other person(s)
of your choice. For the petition to be valid, each circulator must sign the “Certificate
of Circulator” on the last page of the petition.
CAUTION TO CIRCULATORS
Circulators should caution prospective signers that they may sign no more than
the authorized number of petitions per office, as follows:
OFFICE NUMBER OF PETITIONS
Governor and 1
Lieutenant Governor
Senator 15
Non-Voting Delegate to U.S. House 1
Of Representatives
Attorney General of Guam Not Required
Guam Education Policy Board School District
Distritun “Lagu”: 3 Dededo and Yigo
Distritun “Katan”: 2 Barrigada, Chalan Pago-Ordot,
Mongmong-Toto-Maite
and Mangilao,
Distritun “Luchan”: 2 Agana Heights, Asan-Maina, Piti,
Hagatna, Sinajana, and
Tamuning
Distritun “Haya”: 2 Agat, Inarajan, Merizo, Santa Rita,
Talofofo, Umatac, and
Yona
Mayor 1
Vice Mayor 1
Public Auditor Not Required
Consolidated Commission on Utilities Not Required
Petitions for Guam Education Policy Board must be signed by registered and qualified
voters in the candidate’s school district. Petitions for Mayor and Vice Mayor must
be signed by registered and qualified voters in the candidate’s municipality and/or
village.
NUMBER OF REQUIRED SIGNATURES
The following shows the minimum number of registered voter signatures required
for each public elected office up for election:
OFFICE NUMBER OF SIGNATURES
Governor and 500
Lieutenant Governor
Senator 250
Non-Voting Delegate to U.S. House 500
Of Representatives
Attorney General of Guam Not Required
Guam Education Policy Board 150
Mayor 100
Vice Mayor 100
Public Auditor Not Required
Consolidated Commission on Utilities Not Required
IMPORTANT NOTE TO CANDIDATES / CIRCULATORS
Candidates / Circulators are advised to get more than the required minimum number
of signatures in the event some of the signers are found to be non-registered voters.
Signers should be encouraged to include their birth dates to aid in the verification
process.
If a signer cannot be positively identified due to a name or an address change, the
signature will not be counted. Providing the requested information makes the task
of identifying a signer and validating his or her signature much easier.
Any petition that does not meet the required number of registered voter signatures
will not be accepted after the deadline.
WHERE TO SUBMIT PETITIONS AND FILING FEES
Petitions are to be filed with the Guam Election Commission office along with
a filing fee of One Hundred Dollars ($100). If your method of payment is by check,
the check should be made payable to Treasurer of Guam. Candidates for Public Auditor,
Attorney General of Guam, Guam Education Policy Board, and Consolidated Commission
on Utilities are exempted from paying a filing fee.
WHEN TO FILE PETITIONS
Section 6112 of 3 GCA provides for candidates for elective offices to file their
declarations of candidacy with the Guam Election Commission not more than one hundred
thirty (130) days and no less than sixty (60) days before an election.
For purposes of the Primary Election 2004, candidates for the Office of Senator, Non-Voting
Delegate, Mayor and Vice Mayor and other elected offices may file their petitions
no earlier than 8:00 a.m. Tuesday, April 27, 2004, and no later than 5:00 p.m. Tuesday,
July 6, 2004.
Candidates for the Public Auditor, Attorney General of Guam, Guam Education Policy
Board and Consolidated Commission on Utilities may file their petitions no earlier
than 8:00 a.m. Friday, June 25, 2004, and no later than 5:00 p.m., Friday, September
3, 2004.
YOUR NAME ON THE BALLOT
We must have your full legal name as you wish it to appear on the ballot by Tuesday,
July 6, 2004. A candidate for any office may request that his name be further identified
on the ballot by the addition of an identifying word or phrase not derogatory or obscene
and not exceeding twenty (20) letters. The word or phrase may consist of family names,
titles, occupation or profession, business name, aliases, nicknames by which the candidate
is known in the community, and campaign slogans. A candidate may not use the name
of an office he has previously held unless he uses the prefix “ex” in front of the
name of the office, except that an incumbent shall have “incumbent” printed next to
his name.
ORDER OF NAME ON THE BALLOT
For those offices to be nominated at the primary election, the Guam Election
Commission will draw names for ballot position on Thursday, July 9, 2004, at 6:00
p.m., in Suite 200, GCIC Bldg, 414 West Soledad Avenue, in Hagatna.
For those offices to be elected at the general election, the drawing of names for
ballot position will be held on Thursday, September 8, 2004, at 6:00 p.m., in Suite
200, GCIC Bldg, 414 West Soledad Avenue in Hagatna.
PUBLIC OFFICIAL FINANCIAL DISCLOSURE ACT
Pursuant to P.L. 17-7, a candidate who is not an official must file a financial disclosure
statement with the Guam Election Commission.
The term “Official” means any person elected to any public office in Guam and any
person appointed with legislative concurrence or by the Legislature, to any public
office. This includes but is not limited to:
(1) all elected officials;
(2) officials appointed by the Governor whose appointment is subject to the consent
of the Guam Legislature, except ex-officio and student members of Boards and Commissions
in their capacity as members of such Boards and Commissions; and
(3) the chief executive officers, by whatever title they may be known, of all agencies
and instrumentality of the government of Guam, whether or not confirmation by the
Guam Legislature is required.
The term “Candidate” means a candidate to any public office.
The term “Gift” means something of value voluntarily transferred from one party to
another without compensation or monetary consideration.
The term “Fund” means a sum of money or other material resources available for the
use of an official or candidate or anyone acting on his behalf.
The term “Asset” means an item of value owned or in which exists a beneficial interest.
WHEN TO FILE THE FINANCIAL DISCLOSURE STATEMENT
Each official shall file with the Guam Election Commission, on or before April
22 of each calendar year, a written report containing the information required by
this Chapter covering the preceding calendar year (or other year if the individual
official files a Guam Income Tax Return covering a period other than the calendar
year). Each candidate who is not an official shall file with the Guam Election Commission
on the date he files his petition for candidacy, a written report containing the information
required by this Chapter covering the preceding calendar year (or other year if the
individual official files a Guam Income Tax Return covering a period other than the
calendar year). The Executive Director of the Guam Election Commission shall grant
extensions for the filing of reports herein required by officials; provided, however,
that such extension shall not exceed one hundred eighty (180) days beyond April 22
of each calendar year.
The above-mentioned report shall be verified in the manner permitted by 6GCA4308 (Unsworn
Declarations Under Penalty of Perjury).
All reports required to be maintained under this section shall be maintained by the
Guam Election Commission as public records available for inspection. Copies of the
reports shall be furnished to the public, upon the payment of reasonable copying fees.
The Executive Director of the Guam Election Commission shall issue a certificate certifying
that an official or candidate has filed his report as required by this Chapter.
PENALTY FOR FAILURE TO FILE THE FINANCIAL DISCLOSURE STATEMENT
Any official or candidate who fails to file a report required by this Chapter,
or who knowingly and willfully files a false report under this Chapter shall be fined
not more than One Thousand Dollars ($1,000) or imprisoned for a period of time not
to exceed one (1) year, or both.
In addition, any violation of this Act shall preclude an individual from holding public
office. The Guam Election Commission shall report to the Attorney General for appropriate
action the name of any official or candidate who fails to file a report required by
this Chapter, or who in his professional judgment has knowingly filed a false report.
This section shall not be construed to permit prosecution of a person who has unintentionally
filed an erroneous report, which report shall be subject to correction.
ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
You are required by law to submit an Organizational and Election Campaign Contribution
and Expenditure Report periodically with the Guam Election Commission in accordance
with the following schedule:
If you are a candidate for the Primary Election:
1. You must file an Organizational Report to register your Campaign Committee. This
report is due at the earliest of the following applicable days:
a. On or before the day of filing your nominating petitions; or
b. By the tenth day after receiving or expending an aggregate amount of $100,000.
2. The Campaign Contributions and Expenditures form is again used to file your PRELIMINARY
PRIMARY REPORT. This report is due no later than 5:00 p.m., Wednesday, August 25,
2004.
3. The Campaign Contributions and Expenditures form is again used to file your FINAL
PRIMARY REPORT (or supplemental report if a surplus or deficit exists). This report
is due no later than 5:00 p.m., Tuesday, September 14, 2004.
4. If a surplus or deficit exists and you are not nominated in the Primary, the next
supplemental report is due no later than 5:00 p.m., Friday, September 24, 2004.
If you are a candidate for the General Election:
1. The Campaign Contributions and Expenditures form is used to file your PRELIMINARY
GENERAL REPORT. This report is due no later than 5:00 p.m., Friday, October 22, 2004.
2. The Campaign Contributions and Expenditures form is again used to file your FINAL
GENERAL REPORT (or supplemental report if a surplus or deficit exists). This report
is due no later than 5:00 p.m., Monday, November 22, 2004.
3. If a surplus or deficit exists in your Final General Report, you are required to
submit your SUPPLEMENTAL REPORT no later than 5:00 p.m., Friday, December 31, 2004.
You are further advised to review the Election Campaign Contribution and Expenditures
Manual that provide specific instructions as well as the rules and regulations in
completing this report.
*********** NOTE ***********
Candidates for the Office of Washington Delegate are required to file a contribution
/ expense report with the Clerk of the House of Representatives; the Federal Election
Commission; and a copy to the Guam Election Commission, rather than the standard Election
Campaign Contributions and Expenditures Report required of all local candidates.
*********** NOTE ***********
INFORMATION REQUIRED BY THE ORGANIZATIONAL AND ELECTION
CAMPAIGN CONTRIBUTIONS AND EXPENDITURES REPORT
The Organizational and Election Campaign Contributions and Expenditures Report requires
an itemized statement prepared by you and your treasurer that shows the amount of
each contribution and expense of your campaign. It requires the names of all persons,
organization and groups contributing or with whom you incur expenses. For additional
information and further guidance, please refer to the Election Campaign Contributions
and Expenditures Manual.
Specifically,
• You are required by law to appoint a treasurer and you must file his / her name
with the Guam Election Commission;
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