Election Commission, Duties and Responsibilities of; Audit Report; Rule-Making

Authority.

(a)The Commission shall have direct and immediate supervision over the municipal and district officials designated in accordance with the laws of Guam to perform duties relative to the conduct of elections. The Commission may suspend from the performance of said duties any of said officials who fail to comply with its instructions, orders, decisions or rulings, and appoint substitutes; and the Commission shall remove any such officials who have been found guilty of nonfeasance or misfeasance in connection with the performance of their duties relative to the conduct of elections.

(b)The Commission shall designate such subordinate officers and employees as may be necessary for the efficient performance of its functions and duties, each of whom, if not already employed by the government, shall receive a salary to be determined in accordance with the laws of Guam. CH. 2 ELECTION COMMISSION

(1)The Commission may retain one

(1)or more attorneys, who shall be admitted to practice before the courts of Guam, who shall advise the Commission and its Executive Director on all legal matters pertaining to the Commission.

(2)The designated counsel shall represent the Commission in litigation in which the Commission is interested or involved. The terms, conditions and compensation of employment of any such attorney shall be determined by the Commission, and the attorney shall serve at the pleasure of the Commission.

(c)As early as is reasonably possible, but not later than June 30 in each odd-numbered year, the Commission shall prepare and deliver an annual report to I Maga’hågan/Maga’låhen Guåhan, the Speaker of I Liheslaturan Guåhan, and the chairperson of the legislative committee with jurisdiction over matters of elections, showing, with respect to the prior year:

(1)recommendations of the Commission as to amendments or supplementation of laws affecting elections or the office of the Commission; and

(2)statistical information regarding the elections conducted during the prior year.

(d)The Commission shall promulgate rules, pursuant to Title 5 GCA Chapter 9, necessary and convenient to carry out the provisions of this Title.

(e)Relative to electronic voting machines, the Commission shall:

(1)determine, through extensive testing and development of comprehensive training procedures, that all duly authorized election officials stationed at all polling sites on each election day are properly trained to demonstrate, operate and monitor the operations of the machines;

(2)develop an island-wide education program to inform and demonstrate to voters the proper use of such machines, and shall ensure such education program is tested prior to an actual election day or days to determine the education program’s effectiveness;

(3)facilitate the conduct of tests to determine the integrity of the machines with an independent entity or organization as deemed appropriate by the Commission; and

(4)provide the results and analysis of such testing, training and education required in this Subsection

(e)to I Maga’hågan/Maga’låhen Guåhan and I Liheslaturan Guåhan, and wherever necessary shall promulgate rules as required in Subsection

(d)of this § 2103.