Guam § 2103 - Election Commission, Duties and Responsibilities of; Audit Report; Rule-Making

§ 2103. Election Commission, Duties and Responsibilities of; Audit Report; Rule-Making

Authority.

(a) The Commission shall have direct and immediate supervision over the municipal and district

officials designated in accordance with the laws of Guam to perform duties relative to the conduct of

elections. The Commission may suspend from the performance of said duties any of said officials who fail

to comply with its instructions, orders, decisions or rulings, and appoint substitutes; and the Commission

shall remove any such officials who have been found guilty of nonfeasance or misfeasance in connection

with the performance of their duties relative to the conduct of elections.

(b) The Commission shall designate such subordinate officers and employees as may be necessary for

the efficient performance of its functions and duties, each of whom, if not already employed by the

government, shall receive a salary to be determined in accordance with the laws of Guam.

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(1) The Commission may retain one (1) or more attorneys, who shall be admitted to practice

before the courts of Guam, who shall advise the Commission and its Executive Director on all legal

matters pertaining to the Commission.

(2) The designated counsel shall represent the Commission in litigation in which the Commission

is interested or involved. The terms, conditions and compensation of employment of any such attorney

shall be determined by the Commission, and the attorney shall serve at the pleasure of the Commission.

(c) As early as is reasonably possible, but not later than June 30 in each odd-numbered year, the

Commission shall prepare and deliver an annual report to I Maga’hågan/Maga’låhen Guåhan, the Speaker

of I Liheslaturan Guåhan, and the chairperson of the legislative committee with jurisdiction over matters

of elections, showing, with respect to the prior year:

(1) recommendations of the Commission as to amendments or supplementation of laws affecting

elections or the office of the Commission; and

(2) statistical information regarding the elections conducted during the prior year.

(d) The Commission shall promulgate rules, pursuant to Title 5 GCA Chapter 9, necessary and

convenient to carry out the provisions of this Title.

(e) Relative to electronic voting machines, the Commission shall:

(1) determine, through extensive testing and development of comprehensive training procedures,

that all duly authorized election officials stationed at all polling sites on each election day are properly

trained to demonstrate, operate and monitor the operations of the machines;

(2) develop an island-wide education program to inform and demonstrate to voters the proper use

of such machines, and shall ensure such education program is tested prior to an actual election day or

days to determine the education program’s effectiveness;

(3) facilitate the conduct of tests to determine the integrity of the machines with an independent

entity or organization as deemed appropriate by the Commission; and

(4) provide the results and analysis of such testing, training and education required in this

Subsection (e) to I Maga’hågan/Maga’låhen Guåhan and I Liheslaturan Guåhan, and wherever

necessary shall promulgate rules as required in Subsection (d) of this § 2103.