(a) Counting Provisional Ballots. Within ten (10) days after any election, the Commission shall count the provisional voter’s choices for every race for which the voter was eligible to vote. When a provisional voter casts a provisional ballot in the incorrect precinct, election officials shall count the votes on that ballot in every race for which the voter would be entitled to vote if he or she had been in the correct precinct.

(b) Opportunity to Remedy Incomplete Provisional Ballots. Provisional voters who lacked required information, such as proof of identity or failure to sign, shall be notified and shall be granted a seven (7)-day period to comply or supply missing information. Failure to abide shall constitute a spoiled provisional ballot.

(c) Provisional Ballots as a Remedy for Incomplete or Deficient Registration Applications. Provisional ballots shall serve to remedy incomplete or otherwise deficient voter registration applications. In the event that a voter is denied the right to vote a regular ballot because of an incomplete or otherwise deficient voter registration application, the provisional ballot shall be used to complete said voter’s application. The provisional voter shall be deemed registered as of the date of the original application. Within ten (10) days after an election, when the voter’s application shall have been satisfactorily completed and deemed valid, the provisional ballot shall be counted.

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3 Guam Code Ann. ELECTIONS
CH. 14 PROVISIONAL VOTING

(d) Registration of Unregistered Provisional Voters. Election officials shall register provisional voters, if they are not already registered or who are eligible to be registered, based on the information provided on the provisional ballot envelope.

SOURCE: Added by P.L. 31-255:2 (Dec. 11, 2012).

2012 NOTE: This section was codified from GC § 2704, entitled “”Adding or
Removing Votes; Altering Returns.”” Repealed and reenacted as 3 Guam Code Ann. § 8209 by P.L.
31-255:2 (Dec.11, 2012).