Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
felony of the third degreeup to 5 yearsup to $5,000
For details, see 9 Guam Code Ann. § 80.30

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Terms Used In 3 Guam Code Ann. § 3102

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) No person shall be registered as a voter, except by affidavit of registration made before an authorized registration clerk or, in the case of an absentee voter, pursuant to the provisions of Chapter 10 of this Title.

(1) Before such affidavit shall be made, the person shall state if he or she is currently registered to vote in any other jurisdiction. If that person answers affirmatively, that person

shall identify said jurisdiction and complete and sign an attested statement on a form provided by the Commission which requests the cancellation of that person’s registration, and which shall be forthwith forwarded by the Commission to that jurisdiction. If that person answers negatively, that person shall nonetheless identify the jurisdiction in which that person last voted.

(2) No registration clerk shall register any person except upon the person’s declaration under penalty of perjury that the person is a citizen of the United States who will be at least eighteen (18) years of age on the date of the next election to be conducted by the Commission, and that the person is a resident of Guam.

(3) The affidavit of registration form by the applicant
shall contain:

(A) that applicant’s given name, middle name, if any, and surname;

(B) the street name and number, municipality or lot number, and municipality where that person resides on Guam;

(C) that the person declares under penalty of perjury that he or she is a citizen of the United States who will be at least eighteen (18) years of age on the date of the next election to be conducted by the Commission;

(D) that the person has been a resident of Guam for not less than thirty (30) days immediately preceding the date on which the next election will be held;

(E) that applicant’s complete mailing address, if different from the residence address, including post office address, city or town, zip code or other designation used by that person for receiving mail. The form shall also include a line for the applicant’s e-mail address (optional to applicant);

(F) that applicant’s telephone number;

(G) that applicant’s place of birth; (H) that applicant’s date of birth;
(I) one (1) of the following identifiers for each applicant:

(i) the Guam driver’s license number or Guam identification card number of the applicant issued by the Department of Revenue and Taxation, Motor Vehicle Division; or

(ii) if the applicant does not have a Guam driver’s license or Guam identification card, the last four (4) digits of the applicant’s social security number; or

(iii) if the applicant does not have a Guam driver’s license or Guam identification card or a social security number and the applicant attests to that, a unique identifying number consisting of the applicant’s unique identification number to be assigned by the GEC Executive Director.

(J) the statement: “”Unlawful Registration is a Crime. Any person who willfully causes, procures or allows himself or herself or any person to be registered as a voter, knowing himself or herself or the other person not to be entitled to registration, is guilty of a felony of the third degree.””

(K) the signature of the applicant; and

(L) if the applicant is unable to sign the form, a statement that the affidavit was completed according to the applicant’s direction.

(b) At the time of submitting a voter registration application, a person shall present a validly issued photo identification card issued by a federal, state, Guam secondary school, Guam post-secondary school or government of Guam entity to the registration clerk or volunteer registrar or other authorized election official.

(c) Notwithstanding the age requirements of Subsection (a) of this Section, upon satisfactory proof of age, every person that meets all eligibility requirements to register and is sixteen (16) years of age or older, may pre-register to vote. A properly executed registration made pursuant to this Subsection shall be deemed effective as of the date the affiant will be eighteen (18) years of age, if the information in the affidavit of registration is still current at the time. If the information provided by the affiant is not current at the time that the registration would otherwise become effective, the affiant must provide current information by any means authorized in this Chapter for persons eighteen (18) years of age or older for the affiant’s registration to become effective.

(1) Notwithstanding any other provision of law, a person who is seventeen (17) years old on the date of a primary election and who is otherwise qualified to vote shall be qualified to vote at that primary, including voting as an absentee, during a grace period, or voting early with respect to that primary, if that person will be eighteen (18) years old on the date of the immediately following general election.

(2) All references to the requirement that a person must be eighteen (18) years old to vote shall be interpreted in accordance with this Section.

(3) For the purposes of this Section, an individual who is seventeen (17) years of age and who will be eighteen (18) years of age on the date of the general election shall be deemed competent to execute and attest to any voter registration forms.

SOURCE: GC § 2057. Repealed and reenacted by P.L. 12-149:3 (June
19, 1974). Codified as 3 Guam Code Ann. § 3102. Amended by P.L. 25-146:9 (June
12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Subsection (a) amended by P.L. 33-011:2 (Apr. 1, 2015). Subsection (b) repealed by P.L. 33-011:3 (Apr. 1, 2015). P.L. 33-012:1 (Apr. 1, 2015) added subsection (c), codified as subsection (b) by Compiler pursuant to 1
GCA § 1606. P.L. 33-148:1 (Apr. 15, 2016) added a new subsection (b)
and (c)(1), codified as (c)(1), (2), and (3).

2016 NOTE: Subitem designations were added to and renumbered in subsection (a), and added in subsection (c) to adhere to the Compiler’s

codification and alpha-numeric schemes pursuant to authority granted by
1 Guam Code Ann. § 1606.