Ballots used in the primary election shall be in the form prescribed by the Guam Election Commission and shall conform to the following minimum requirements:

(a) (1) All candidates for all offices to be contested in the forthcoming general election shall appear on a primary ballot to be voted upon by registered voters in each voting district. A voting district is each district within Guam as defined in Title 1 Guam Code Ann. § 403, unless otherwise provided in this Title. The Guam Election Commission shall print a ballot with the names of all qualified candidates from the Republican Party on one (1) side of the ballot, and the names of all qualified candidates from the Democratic Party on the opposite side. This ballot format shall be used so as to limit voters
to mark their ballots in only one (1) party for all offices in that primary election.

(2) If there are qualified candidates who are not members of either the Republican Party or the Democratic Party, the Guam Election Commission shall reconfigure the ballot as necessary in order that candidates’ names shall be placed on the ballot in three (3) or more columns with a separate column for each different recognized party, and a separate column for those non-affiliated. The Guam Election Commission shall limit voters to mark their ballots in only one (1) party or for non-affiliated candidates only for all offices in that primary election.

(b) Across the top of the ballot shall be printed the words “”OFFICIAL PRIMARY ELECTION BALLOT”” and the date of the primary election.

(c) Thereafter shall appear an explanation to the voter instructing him or her how to vote.

(d) There shall appear specific instructions in boldface type on each ballot that a voter may cast votes under one (1) party only; that if votes are cast for candidates of more than one (1) party for any office or nomination of offices appearing on the ballot, the entire ballot shall be void. The instructions on the ballot shall clearly inform voters of the mandate herein.

(e) The ballot for each office for which party nominations are sought shall contain instructions to the voters as to the maximum number of candidates that may be selected for that office.

(f) The Guam Election Commission shall make accommodation for the voter to write in the name of a person or persons not otherwise appearing on the ballot, under each office being contested under each party heading.

(g) Should the Guam Election Commission adopt a ballot form using any mechanical, electro-mechanical, or electronic device to record the vote, or aid in recording the
vote, the voter instruction and information required by this Section shall appear on the device in the place provided therefore, or otherwise shall be prominently displayed within the voting booth so as to be easily read by the voter.

SOURCE: GC § 2920. Added by P.L. 10-151 (June 24, 1970). Subsections (d) and (g) amended by P.L. 11-209:29 and 30 (Dec. 22,
1972). Subsection (f) amended by P.L. 12-209:32 (June 19, 1974). Subsection (e) amended by P.L. 13-176:2 (Aug. 2, 1976), P.L. 23-099:5 (June 8, 1996). Codified as 3 Guam Code Ann. § 16301. Repealed and reenacted by P.L. 18-030:52 (Feb. 19, 1986). Subsection (l) added by P.L. 18-040:30
(Nov. 6, 1986). Amended by P.L. 27-101:3 (June 25, 2004). Subsection (a) amended by P.L. 31-059:3 (May 24, 2011). Subsection (d) amended by P.L. 31-059:4 (May 24, 2011). Subsection (e) amended by P.L. 31-
059:5 (May 24, 2011). Subsection (a)(1) added by P.L. 31-231:1 (July 10,
2012). Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11,
2012).

2016 NOTE: Subitem designations were added to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.

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ARTICLE 4
VOTING AND ASCERTAINING THE VOTING RESULTS