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3 GCA § 2101

Election Commission: Composition; Removal of Members; Chairperson; Quorum

Guam Code AnnotatedTitle 3 — Elections
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(a)There is within, as an autonomous instrumentality and an independent commission of the government of Guam, the Election Commission.

(1)The Commission shall consist of seven

(7)members, all of whom shall be eligible voters on the date of their appointment. I Maga’hågan/Maga’låhen Guåhan shall appoint six

(6)members from recommendations made by the recognized political parties of Guam. Each of the recognized political parties, via a duly passed resolution, shall recommend an equal number of names to I Maga’hågan/Maga’låhen Guåhan and the six

(6)members appointed by I Maga’hågan/Maga’låhen Guåhan shall be appointed so that the recognized political parties are equally represented. If at any time there are more than three

(3)recognized political parties, the six

(6)members appointed by I Maga’hågan/Maga’låhen Guåhan shall be appointed so that no more than two

(2)of such members shall be members of the same recognized political party.

(2)One

(1)member shall be selected and appointed by the six

(6)members appointed by I Maga’hågan/Maga’låhen Guåhan. The appointment of the seventh

(7th)member of the Commission shall be ratified by at least four

(4)members.

(3)Each member shall serve for a term of two

(2)years, or until his or her successor is duly qualified and appointed.

(b)If a vacancy should occur on the Commission, said vacancy shall be filled for the remainder of the term only, and by the method originally prescribed for its appointment. No member may be an elected official of the government nor a candidate or nominee for an elected office within the government.

(c)Each member of the Commission shall be paid in accordance with Title 5 GCA § 43104, Uniform Compensation for Boards and Commissions. Any appointed member may be removed for misconduct in office by a resolution duly adopted by a vote of two-thirds (2/3) of the Members elected and serving in I Liheslaturan Guåhan. At the written request via a duly passed resolution of the state central committee of CH. 2 ELECTION COMMISSION any political party that has recommended the appointment of a member, I Maga’hågan/Maga’låhen Guåhan immediately shall remove such member from the Commission. The seventh

(7th)member chosen by the six

(6)politically recommended members may be removed upon a vote by five

(5)of the politically appointed members. Any vacancy resulting from the provisions of this Subsection shall be filled as provided in Subsection

(a)of this Section.

(d)A majority of the members of the Commission shall constitute a quorum and no action of the Commission shall be authorized except upon a vote of four

(4)of the members.

(e)By majority vote the Commission shall elect annually a Chairperson from among its members. The term of the Chairperson shall expire on the last day of March.

§ The story of this section

  1. Amended by P.L. 11-202 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 25-146 § 3 — introduced as Bill 227-25 · introduced by Simon A. Sanchez II
  3. Amended by P.L. 31-255 § 2 — introduced as Bill 413-31 · introduced by Dennis G. Rodriguez, Jr + 2 cosponsors

Interpreted by the courts:

  • 2002 Guam 13David J. Sablan vs. Carl T.C. Gutierrez (2002) · pinpoints (a) at ¶1
  • 2004 Guam 10IN RE: Request of Governor Felix P. Camacho Relative to the Interpretation and Application of Sections 6 and 9 of the Or (2004) · per F. Philip Carbullido, J. · pinpoints (a) at ¶76
  • 2011 Guam 3Carl T.C. Gutierrez and Frank B. Aguon, Jr., Petitioners v. The Guam Election Commission, Joseph Mesa, Martha Ruth,, Joh (2011) · per Robert J. Torres, J. · pinpoints (d) at ¶35

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.