Guam § 14104 - Procedures.

§ 14104. Procedures.

(a) Precinct Board Training. Precinct board members shall be trained to administer provisional voting

in an accurate and consistent manner, and shall also be trained when to use provisional ballots, and when

not to use them. Precinct officials shall also be able to communicate clearly to voters the prerequisites for

provisional voting.

(b) Correct Polling Location. Prior to providing a person with a provisional ballot, precinct officials

shall make every effort to determine a person’s voter registration status and correct voting location. When

a precinct official determines that the person is registered to vote at another location, the precinct official

shall inform and direct the individual to the correct precinct polling place.

(c) Refusal. Only when such a person refuses to proceed to the correct polling location, or, if in the

shared judgment of the precinct official and the potential voter, the person will not reach the correct polling

location in time to cast a regular ballot before polls close, shall the precinct official offer the person a

provisional ballot.

(d) Issuing Provisional Ballots. Provisional ballots shall be issued, accompanied with a provisional

ballot outer envelope on which an affidavit and provisional ballot record of disposition shall be printed, and

an inner security envelope that will contain the ballot.

(e) Commission to Provide Means to Assess Registration Status and Precinct Location of Voters. The

Election Commission shall provide the precinct boards with the necessary means to determine a person’s

registration status and correct voting location, including a list of all registered voters in the polling area,

directions to all polling locations, and the means to place a person’s full name and address within the correct

polling jurisdiction.

(f) Minimum Number of Provisional Ballots. Each precinct shall be issued a minimum number of

provisional ballots equal to five percent (5%) of the total registered voters for that precinct and not less than

fifteen (15), whichever is greater.

(g) Requirement of Provisional Voter Affidavit. Any person who will vote a provisional ballot shall

first complete and sign the affidavit printed on a provisional ballot outer envelope attesting that he or she

believes himself or herself to be a registered voter in Guam and eligible to vote under Guam law.

(h) Contents of Provisional Ballot Envelope. The provisional ballot outer envelope shall include a

place for the provisional voter’s full name; address, both present and former, if applicable; date of birth;

reason for the provisional ballot; the precinct number and the precinct polling location at which he or she

has voted; and a provisional ballot record of disposition. The provisional ballot outer envelope shall also

contain a place for the person to sign the oath and a summary of the applicable penalty provisions outlined

in Chapter 8 of this Title.

(i) Voting In Secret. The provisional voter shall mark the provisional ballot in secrecy and place the

completed provisional ballot in the inner security envelope provided, place the inner security envelope into

the outer envelope, and return it to the precinct official.

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(j) Completeness of Provisional Ballot Envelope. The precinct official shall ensure that all the required

information is completed on the outer envelope, signed by the provisional voter in the appropriate space,

and then place the envelope in a secure container.

(k) Informing Voters of Notification System. The precinct official shall present the provisional voter

written information advising how to ascertain whether the vote was counted and, if applicable, the reason

the vote was not counted.