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Terms Used In 3 Guam Code Ann. § 13106

  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
The municipal offices of Mayor and Vice Mayor become vacant on the happening of any of the following events:

(a) death of the incumbent;

(b) declaration of mental incompetence by a final judgment or final order of a court of competent jurisdiction;

(c) resignation from office;

(d) refusal or failure to assume office;

(e) the decision of a competent tribunal declaring void his or her election;

(f) conviction of a felony, or of a crime involving moral turpitude;

(g) his or her change of residence from the municipality in which he or she was elected;

(h) when an incumbent is incapacitated because of illness and unable to continue for the remainder of the term to which he or she was elected; or

(i) when an incumbent has sought and won election to another office and assumed the new office, constituting voluntary relinquishment of the original office.

The occurrence of any event under (a) through (i), with respect to a person or persons elected to office, after the election but before the term of office is to commence, constitutes a vacancy on the date the term commences, unless the person or persons so elected is the incumbent, in which case, the vacancy occurs on the date of such event.

SOURCE: GC § 2655. Codified as 3 Guam Code Ann. § 13106. Repealed and reenacted by P.L.
31-255:2 (Dec. 11, 2012), amended by P.L. 32-129:1 (Feb. 10, 2014).

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3 Guam Code Ann. ELECTIONS
CH. 13 SPECIAL ELECTION

2012 NOTE: P.L. 25-146:50 (May 27, 2000) purported to add 3 Guam Code Ann. § 13106, entitled “”Persons Eligible to Vote at Runoff,”” which was renumbered by the Compiler as 3 Guam Code Ann. § 13107.