ELECTION DAY Absentee Voter Challenges The provisions of 6 GARR § 1211 shall apply in the case of a challenge of a voter’s absentee ballot SOURCE: Rule governing 6 GARR § 1303

§ Administrative Complaints Who Can File

Any person who believes that there has been a violation, there is a violation, or a violation is about to occur of any provision of Title III may file an administrative complaint.

SOURCE: Rule governing 6 GARR § 1503

Where and When to File A shall be sent to the Guam Election Commission, or delivered in person to the Office of the Guam Election Commission, Suite 200, GCIC Building, 414 W. Soledad Avenue, Hagatna, Guam 96910.

A complaint shall be filed within sixty (60) days after the occurrence of the actions or events that form the basis for the complaint, or within ninety (90) days after the Complainant becomes aware of the actions or events, whichever is later. SOURCE: Rule governing 6 GARR § 1505

Complaints Filed at the Precincts

Any person wishing to make an administrative complaint on Election Day may do so at the precincts.

Processing Complaints Filed at the Precincts

The precinct member shall offer any person wishing to make a complaint an administrative complaint form (Form EC-49) and notify the GEC headquarters that a complaint is being made. The precinct member shall then verify the person’s identity and, in the presence of the precinct board member, the complainant shall sign the affirmation portion of Form EC49. The precinct board member shall then notarize the EC-49 form and secure it in the supply box. All administrative complaints shall be submitted to GEC staff at the Election Return Center.

Record of Complaint

The Guam Election Commission shall compile and maintain an official record in connection with each complaint filed. The official record shall contain: 1) A copy of the complaint, including any amendments; 2) A copy of any written submission by the Complainant; 3) A copy of any written response by any Respondent or other interested person; 4) A written report of any investigation conducted by agents of the Guam Election Commission or of any local election official, who may not be directly involved in the actions or events complained of; 5) Copies of all notices and correspondence to or from the Guam Election Commission in connection with the complaint;

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ELECTION DAY 6) Originals or copies of any tangible evidence produced at any hearing conducted at the request of the Complainant; 7) The original tape recording produced at any oral hearing conducted, and a copy of any transcript produced; and 8) A copy of any final determination. SOURCE: Rule governing 6 GARR § 1506(c)

Election Campaign and Campaign Offenses It is the duty of every voting citizen and precinct official to report any offense as listed in Chapter 8 of Title 3 GCA. It is the responsibility of precinct officials to document all complaints and ensure the complainant is given ample opportunity to complete the Administrative Complaint (EC-49) Form. The precinct official shall notify the Commission immediately following each filing of an Administrative Complaint. The Commission will take appropriate action by investigating and reporting the infraction to the Attorney General.

SOURCE: Rule governing 6 GARR § 1217

The Administrative Complaint procedures shall be in accordance with Article V of Title 6 GARR.

§ Closing the Polls

ALL PRECINCT OFFICIALS MUST BE PRESENT FOR THE CLOSING OF THE POLLS. The following procedures are to be carried out in the closing of the polls: ú Promptly at 8:00 p.m., the Precinct Leader will declare clearly and loudly, “The polls are closed.” Voters who may be waiting in line at 8:00 p.m., however, must be allowed to vote. ú The Precinct Leader shall assign a Precinct Clerk to stand at the end of the line and inform anyone arriving later that polls are closed or stop anyone who may attempt to breach the line after 8:00 p.m. ú Do not shut door(s) or window(s) even though polls have closed. a barricade shall be placed to prevent unauthorized individuals from entering. ú Poll Watchers are not allowed within the precinct area after the polls close; they must remain on the opposite side of the barricade. SOURCE: Law governing 3 GCA §§ 9143 & 9144

§ After the Polls Close All Precinct Officials within each precinct shall assemble at one table. The Precinct Leader shall ensure that all black pens are collected and put away securely and away from the table except for a red pen(s) or marker(s) provided by the Guam Election Commission. All other writing instruments on the table are prohibited.

Accounting for Ballots. Every precinct board shall account for all ballots delivered to that precinct by returning all unused ballots which, when added to the number of ballots cast and the number of spoiled ballots returned, shall equal the total number of ballots assigned and delivered to that precinct. The Commission, upon receiving all the ballots, shall require such an accounting prior to tabulating the returns of the precinct. SOURCE: Law governing 3 GCA § 9140 Page 55

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