(a) I Maga’låhen Guåhan and I Segundu Na Maga’låhi team receiving a plurality of votes cast for a partisan nomination shall be the party nominees for the general election. No I Maga’låhen Guåhan and I Segundu Na Maga’låhi team running in the independent column shall be eligible for general election ballot placement unless suchteam receives a minimum twenty percent (20%) of the total combined votes cast for the winning teams seeking partisan nomination.

(b) The winners in all other partisan primary contests shall be the candidates receiving the highest number of votes, except that no candidate running in the independent column shall be eligible for general election ballot placement unless he or she receives votes equal to at least ten percent (10%) of the total number of the valid ballots cast for the office for which he or she is a candidate.

(c) Except in the case of a gubernatorial team, if in any primary a candidate who has been certified as being nominated (1) submits to the Commission a written declination of his or her nomination, or (2) dies, the Commission shall certify as nominated the person having the next highest number of votes in the same primary; provided, that the Commission determines that the addition of the newly certified candidate to the ballot shall not prevent the Commission from conducting the general election at the scheduled date and time. If the Commission in its discretion determines that time does not permit the addition of the new nominee to the ballot, the vacancy shall be filled as otherwise provided by law. In the case of the death of a nominee for I Maga’låhen Guåhan or I Segundu Na Maga’låhi, the vacancy shall be filled as provided by law.

SOURCE: GC § 2933. Added by P.L. 10-151 (June 24, 1970). Subsection (a) repealed and reenacted by P.L. 12-119:2 (Apr. 3, 1974). Subsection (b) amended by P.L. 14-140:21 (Aug. 31, 1978). Codified as
3 Guam Code Ann. § 16404. Subsection (d) added by P.L. 22-109:14 (Apr. 1, 1994).
Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

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