Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

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Terms Used In 3 Guam Code Ann. § 16218

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
At the time of filing of an initiative, any person, and all shareholders and or members of any organization, partnership, corporation, committee, or business, which receives funds or makes expenditures in an effort to directly support or put forward any initiative must be registered with the Commission and shall submit:

(a) a clearance from the Guam Police Department; (b) a clearance from the Judiciary of Guam;
(c) a clearance from United States District Court; and

(d) a signed affidavit attesting that the proponent, shareholder or member of any organization, partnership, corporation, committee, or business, has not been convicted of a felony or misdemeanor, as described herein, in any state or territory of the United States or foreign country.

Notwithstanding any other provision of law, in order to put forward an initiative, any person, and all shareholders and or members of any organization, partnership, corporation, committee, or business must not have been convicted of a felony, and must not have been convicted of a misdemeanor involving criminal sexual conduct or crime of moral turpitude. Initiatives forwarded by proponents listed with such crimes herein shall be disqualified from further action by the Commission.

The cost for the police clearance and the court clearances required by this Section shall be borne by the person/s seeking to propose the initiative.

SOURCE: Added by P.L. 31-283:2 (Dec. 31, 2012).