In the event that a runoff election is required pursuant to § 1422 or § 1712 of Title 48 of the United States Code, the Commission shall mail to each person who participated by absentee ballot in the election precipitating the need for a runoff election an absentee ballot for the runoff election. Notwithstanding any other provision of law, an absentee ballot cast in the runoff election and postmarked before the closing of the polls on the date of the runoff election shall be accepted by the Commission; provided, that it is

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3 Guam Code Ann. ELECTIONS
CH. 13 SPECIAL ELECTION

received by the Commission no later than ten (10) days after the date of the runoff election. A runoff absentee ballot received by the Commission prior to the closing of the polls on the date of the runoff election shall be processed as prescribed in Chapter 10 of this Title. A runoff absentee ballot received by the Commission after the closing of the polls on the date of the runoff election, but before 5:00 p.m. Chamorro Standard Time on the tenth (10th) day after the date of the runoff election, shall be processed by the Commission, and such vote shall be added to the votes of the precinct in which the voter is registered.

After the closing of the polls on the date of a runoff election, the Commission may conditionally certify the results of the runoff election on the basis of the results tabulated immediately after the runoff election, but it shall not finally certify the runoff election results until after 5:00 p.m. Chamorro Standard Time on the tenth (10th) day after the runoff election was conducted. Any absentee ballot received by the Commission after the tenth (10th) day after the runoff election shall not be opened, but the envelope appearing to contain such ballot shall be retained in the same manner as other invalid ballots received by the Commission.

SOURCE: Added as 3 Guam Code Ann. § 13107 by P.L. 25-146:50 (May 27, 2000), and repealed and reenacted by P.L. 25-148:3 (July 5, 2000). Codified by Compiler as 3
GCA § 13108. Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012). Renumbered as § 13109 by P.L. 32-129:2 (Feb. 10, 2014).

2012 NOTE: This section was added by P.L. 25-146:49 (May 27, 2000), entitled
“”Declaration of Runoff Election,”” which was reenacted as 3 Guam Code Ann. § 13105 by P.L. 31-
255:2 (Dec. 11, 2012).

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