Guam § 9123 - Rules for Determining Residency.

§ 9123. Rules for Determining Residency.

(a) Each person’s residency shall be determined individually; that is, no person’s residency shall

conclusively determine the residency of that person’s spouse or child. The Commission shall not register

any applicant who fails to provide sufficient information for it to determine residency.

(b) The following rules shall determine the residency of voters, candidates and nominees:

(1) The residency of a person is that place where that person lives for a period of at least thirty

(30) days, maintains that person’s home and to which, whenever that person is absent, that person has

the bona fide intention to return. For voting purposes, a person may have only one (1) residence. Indicia

of residence on Guam shall include, but not be limited to, payment of Guam personal income taxes,

maintaining a home or other living accommodation on Guam, having temporarily departed Guam with

the intention of returning, and not being registered to vote in any other U.S. jurisdiction since departing

Guam.

(2) A person does not gain residency on Guam, or any voting district, from which that person

comes unless that person intends to establish a permanent dwelling place within Guam, or such voting

district.

(3) If a person resides with one’s family in one (1) place, and does business or maintains real

property in another place, the former is that person’s place of residence; but any person having a

family, who establishes one’s own dwelling place other than with one’s family, with the intention of

remaining there, shall be considered a resident where that person established such dwelling place.

(4) The mere intention to acquire a new residence without physical presence at such place does

not establish residency.

(5) A person does not obtain or lose residency solely by reason of that person’s presence or

absence while employed in the services of the United States, or of the government of Guam, or while

a student at an institution of learning, or while kept in an institution, a hospital, or asylum, or while

confined in prison.

(6) A person loses one’s residency in Guam if that person registers to vote or votes in an election

held in a place other than Guam.

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(7) No person who is registered to vote in another U.S. jurisdiction may vote on Guam until the

Commission has transmitted an affidavit to said jurisdiction requesting that person’s name to be

removed from such election roll. The Commission shall provide affidavit forms for the removal of

names of voters from the election rolls of other U.S. jurisdictions. For purposes of establishing

residency in a district or municipality, a person shall be domiciled in that district or municipality for

at least thirty (30) days immediately prior to the election. For voting purposes, a person shall have only

one (1) place of domicile.