(a) Complaints of violations of this Chapter against any person shall be filed with the Election Commission. The complaint shall be in writing, signed under oath by the complainant, and shall be notarized.

(b) The Election Commission shall give notice of receipt of the complaint together with a copy of the complaint to the person cited and shall afford him or her an opportunity to address or otherwise respond to the complaint. The GEC may also cause an investigation to be made of the complaint, pursuant to § 17102 of this Chapter.

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(c) Upon hearing the response of the person cited, if he or she elects to respond to the complaint, and upon completion of any investigation, the Election Commission shall make a prompt determination as to whether probable cause exists that a violation has been committed.

(l) Any person who appears before the Election Commission shall have all of the rights, privileges, and responsibilities of a witness appearing before the courts of Guam, and shall testify under oath.

(2) The Election Commission shall cause a record to be made of all proceedings pursuant to this Subsection. At the conclusion of proceedings concerning an alleged violation or upon receiving a report from its investigating officer, the Election Commission shall immediately begin deliberations and then proceed to determine by majority vote of the members whether probable cause exists that a violation has been committed.

(d) Until the determination of probable cause by the Election Commission, all proceedings, including the filing of the complaint, investigation, and hearing shall be confidential, unless the person complained against, requests an open session. In the event the Election Commission determines that probable cause does not exist, the complaint shall be dismissed and the entire records of the proceedings shall be kept confidential at the option of the person complained against.

(e) The Election Commission shall give written notice to the person complained against and to the complainant as to whether probable cause of a violation exists or whether the complaint has been dismissed.

(f) In the event a determination is made that probable cause of an unintentional violation exists, the Election Commission shall issue a confidential order that may require the violator to:

(l) temporarily cease and desist violation of this Chapter;

(2) file a report, statement, or other information as required by this
Subsection; or

(3) pay any fines assessed by the Commission.

(g) The Commission shall refer matters to the Attorney General when it finds that probable cause of willful violation exists.

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(h) Proof of payment of any fines assessed by the Commission shall be presented to the GEC within thirty (30) days of the assessment. The Guam Election Commission shall set fines for non-compliance with this Title, and the Public Official Financial Disclosure Act.

SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 Guam Code Ann. § 19118. Repealed and reenacted to this section by P.L. 31-255:2 (Dec. 11, 2012).