Notwithstanding the conditions prescribed in § 10101 of this Chapter, the Commission shall deliver a ballot to any qualified voter applying in person at the office of said Commission; provided, however, that such applicant shall complete and subscribe the application and affidavit heretofore prescribed in this Section; provided further, that said application shall be made not more than thirty (30) days nor less than five (5) days before the date of the election for which the vote is being cast. It is provided further, that said ballot shall be immediately marked, enclosed in the ballot envelope, placed in the return envelope with the proper affidavit enclosed, and immediately returned to the Commission.

(a) The Early In-Office Absentee Voting application shall contain all of the following:

(1) voter’s full name, date, and mailing address; (2) one (1) of the following identifiers:
(A) 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

(B) the last four (4) digits of the applicant’s social security number;

(3) a declaration, under penalty of perjury, stating that the voter resides within the district in which he or she is voting, that he or she is a duly qualified elector entitled to vote at the said election; that he or she is not voting in any other jurisdiction; that he or she understands the prohibitions against and the penalty for

voting in any election of Guam if he or she votes in another U.S. jurisdiction; and
(4) the signature of the voter and date of signing. (b) The Early In-Office Absentee Voting Affidavit
Envelope shall contain all of the following:

(1) voter’s full name, district, date of birth, place of birth, and method by which U.S. citizenship was attained; and

(2) a declaration, under penalty of perjury, stating that the information provided relating to his or her qualifications for registration and voting are true; that he or she is a duly qualified elector entitled to vote at said election; that he or she is not voting in any other jurisdiction; that he or she understands the prohibitions against and the penalty for voting in any election of Guam if he or she votes in another U.S. jurisdiction; that he or she understands that voting twice constitutes a crime; and

(3) the following witness certification, “”Subscribed and sworn to before me this day of
, 20 , and I hereby certify that the affiant exhibited the enclosed ballot to me unmarked; that the
affiant then, in my presence and of no other person, and in such manner that I could not see his or her vote, mark
such ballot and enclosed and sealed the same in this envelope; and that the affiant was not solicited or advised by me for or against any candidate or measure,””
which shall be executed by an election official appointed or designated by the Commission.

SOURCE: GC § 2456. Amended by P.L. 11-209:14 (Dec. 22, 1972). Codified as 3 Guam Code Ann. § 10107. Amended by P.L. 18-041:4 (Aug. 8, 1986). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Amended and renamed by P.L. 36-041:1 (July 20, 2021).

2021 NOTE: Prior to being amended and renamed by P.L. 36-041:1 (July
20, 2021), this provision read as follows: