(a) Advertisement means:

(l) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a candidate, which

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identifies a candidate directly or by implication, or which advocates or supports the nomination for election of the candidate, or advocates or supports his or her defeat; and

(2) any communication, exclusive of bumper stickers or other sundry items paid for by or on behalf of a committee, which identifies an issue or question which appears or is reasonably certain to appear on the ballot at the next applicable election, or which advocates or supports the passage or defeat of the question or issue.

(b) Campaign treasurer means a person appointed under § 17108 of this Chapter, and, unless expressly indicated otherwise, includes deputy campaign treasurers.

(c) A candidate is one who either seeks a nomination or is proposed for a nomination by sponsors or accepts money towards an election in accordance with the provisions of this Title; and who:

(l) files nomination papers for an office for himself or herself, or, consents to have a declaration of nomination for an office filed on his or her behalf by five (5) voters as specified in § 6106 of this Title; or

(2) receives contributions in an aggregate amount of more than One Hundred Dollars ($100.00), or makes or incurs any expenditures to bring about his or her nomination for election, or election to office; or

(3) gives his or her consent for any other person to receive contributions or make expenditures to aid his or her nomination for election, or election to office.

(d) Commission means the Guam Election Commission. (e) Committee means:
(1) any person who accepts a contribution or makes an expenditure for or against any individual candidate or group of candidates, person seeking nomination for election, or election to office, or political party, with the authorization of the candidate, person, or political party, or who accepts a contribution or makes an expenditure for or against any question or issue which is to appear on the ballot at the next applicable election;

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(2) any person who raises or holds money or anything of value and who subsequently contributes the money or thing of value to, or make expenditures on behalf of an individual candidate, group of candidates, person, or political party; provided, that the term committee shall not include any person making a contribution or expenditure of his or her own funds or something of value originally acquired for his or her own use and not for the purpose of evading any provision of this Chapter.

(f) Contribution means:

(l) a gift, subscription, loan, advance, deposit of money or anything of value, or cancellation of a debt or legal obligation for the purpose of:

(A) influencing the nomination for election, or election of any person to office; or

(B) influencing the outcome of any question or issue which appears or is reasonably certain to appear on the ballot at the next applicable election; or

(C) use by any party for the purpose set out in
Subsection (A) or (B) herein;

(2) the payment, by any person other than a candidate or committee, or compensation for the personal services of another person, which are rendered to the candidate or committee without charge or at an unreasonably low charge, a discount not offered to any other candidate or committee other than volunteer campaign services; or

(3) a contract, promise, or agreement to make a contribution; provided, that notwithstanding Subsections (l), (2), and (3) of this Subsection, the term shall not include services or portions thereof voluntarily provided without reasonable compensation by individuals to or in behalf of a candidate or committee; or

(4) notwithstanding Subsections (1) (2) and (3) herein, a candidate’s expenditure of his or her personal funds in the pursuit of his or her campaign shall not be a contribution for the purpose of this Subsection.

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(g) Election means any primary, general or special election for office, or for determining a question or issue provided by law.

(h) Expenditure means:

(l) any purchase or transfer of money, or anything of value; or promise or agreement to purchase or transfer money, or anything of value; or payment incurred or made; or the use or consumption of a nonmonetary contribution for the purpose of:

(A) influencing the nomination for election, or election of any person seeking nomination for election, or election to office, whether or not the nomination papers have been filed by himself or herself or, on his or her behalf; or

(B) influencing the outcome of any question or issue which is to appear on the ballot at the next applicable election; or

(C) use by any political party for the purposes set out in
Subsection (A) or (B) above;

(2) the payment, by any person other than a candidate or committee, of compensation for the personal services of another person which are rendered to the candidate or committee for any of the purposes mentioned in Subsections (h)(l)(A), (B) or (C) of this Section; or

(3) the expenditure by a candidate of his or her own funds for the purposes set out in Subsections (h)(l)(A), (B) or (C) of this Section.

(i) Newspaper means a publication of general circulation issued once or more per month, which is written and published on Guam.

(j) Office means any elective public office, excluding federal elective offices.

(k) Person means an individual, partnership, committee, association, or organization.

(l) A candidate is directly opposed to another when the election of that other candidate could mean the non-election of the candidate in question.

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SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 Guam Code Ann. § 19101. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).

2012 NOTE: This section was originally codified from GC § 2960, added by P.L. 14-
023 (May 3, 1977). Reenacted as 3 Guam Code Ann. § 16101 by P.L. 31-255:2 (Dec. 11, 2012).