(a) Precinct Board Training. Precinct board members shall be trained to administer provisional voting in an accurate and consistent manner, and shall also be trained when to use provisional ballots, and when not to use them. Precinct officials shall also be able to communicate clearly to voters the prerequisites for provisional voting.

(b) Correct Polling Location. Prior to providing a person with a provisional ballot, precinct officials shall make every effort to determine a person’s voter registration status and correct voting location. When a precinct official determines that the person is registered to vote at another location, the precinct official shall inform and direct the individual to the correct precinct polling place.

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(c) Refusal. Only when such a person refuses to proceed to the correct polling location, or, if in the shared judgment of the precinct official and the potential voter, the person will not reach the correct polling location in time to cast a regular ballot before polls close, shall the precinct official offer the person a provisional ballot.

(d) Issuing Provisional Ballots. Provisional ballots shall be issued, accompanied with a provisional ballot outer envelope on which an affidavit and provisional ballot record of disposition shall be printed, and an inner security envelope that will contain the ballot.

(e) Commission to Provide Means to Assess Registration Status and Precinct Location of Voters. The Election Commission shall provide the precinct boards with the necessary means to determine a person’s registration status and correct voting location, including a list of all registered voters in the polling area, directions to all polling locations, and the means to place a person’s full name and address within the correct polling jurisdiction.

(f) Minimum Number of Provisional Ballots. Each precinct shall be issued a minimum number of provisional ballots equal to five percent (5%) of the total registered voters for that precinct and not less than fifteen (15), whichever is greater.

(g) Requirement of Provisional Voter Affidavit. Any person who will vote a provisional ballot shall first complete and sign the affidavit printed on a provisional ballot outer envelope attesting that he or she believes himself or herself to be a registered voter in Guam and eligible to vote under Guam law.

(h) Contents of Provisional Ballot Envelope. The provisional ballot outer envelope shall include a place for the provisional voter’s full name; address, both present and former, if applicable; date of birth; reason for the provisional ballot; the precinct number and the precinct polling location at which he or she has voted; and a provisional ballot record of disposition. The provisional ballot outer envelope shall also contain a place for the person to sign the oath and a summary of the applicable penalty provisions outlined in Chapter 8 of this Title.

(i) Voting In Secret. The provisional voter shall mark the provisional ballot in secrecy and place the completed provisional ballot in the inner

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security envelope provided, place the inner security envelope into the outer envelope, and return it to the precinct official.

(j) Completeness of Provisional Ballot Envelope. The precinct official shall ensure that all the required information is completed on the outer envelope, signed by the provisional voter in the appropriate space, and then place the envelope in a secure container.

(k) Informing Voters of Notification System. The precinct official shall present the provisional voter written information advising how to ascertain whether the vote was counted and, if applicable, the reason the vote was not counted.

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

2012 NOTE: This section was originally codified from GC § 2703, entitled “”Forging or Counterfeiting Returns.”” Repealed and reenacted as 3 Guam Code Ann. § 8307 by P.L. 31-
255:2 (Dec. 11, 2012).