Rules for Determining Residency

(a)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.

(b)The following rules shall determine the residency of voters, candidates and nominees:

(1)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 U.S. jurisdiction since departing Guam.

(2)A person does not gain residency on Guam, or any voting district, from which that person comes unless that person intends to establish a permanent dwelling place within Guam, or such voting district.

(3)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.

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

(5)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.

(6)A person loses one’s residency in Guam if that person registers to vote or votes in an election held in a place other than Guam. CH. 9 CONDUCT OF ELECTIONS

(7)No person who is registered to vote in another U.S. jurisdiction may vote on Guam until the Commission has transmitted an affidavit to said jurisdiction requesting that person’s name to be removed from such election roll. The Commission shall provide affidavit forms for the removal of names of voters from the election rolls of other U.S. jurisdictions. For purposes of establishing residency in a district or municipality, a person shall be domiciled in that district or municipality for at least thirty

(30)days immediately prior to the election. For voting purposes, a person shall have only one

(1)place of domicile.