I Mina' Trentai Unu Na Uheslaturan G11ahan I Mina

Eoorn BAZA CAL VO Governor

June 1, 2011

Honorable Judith T. Won Pat, Ed.D. Speaker I Mina ' Trentai Unu na Uheslaturan G11ahan 155 Hesler Place Hagatna, Guam 96932

Dear Madam Speaker,

Transmitted herewith is Bill No. 54-31 (COR), entitled: "AN ACT TO AMEND §7105 OF CHAPTER 7, AND §16301(a), (d) AND (e) OF ARTICLE 3, CHAPTER 16, ALL OF TITLE 3, GUAM CODE ANNOTA TED , RELATIVE TO THE PRIMARY ELECTION BALLOT", which I signed into law on May 24, 2011 as Public Law 31-59.

Although I have signed this bill into law, I strongly urge I Mina' Trentai Unu na Liheslaturan Cua/um to address this legislation's deficiencies. The bill does present an item for concern at Section 3(a), where it states: J'The Guam Election Commission shall publish a ballot with the names of all qualified candidates. from the Republican Party on one (1) side of the ballot, and the names of all qualified candidates from the Democratic Party on the opposite side.'' A potential problem arises in the event of any third-party candidates or independent (non-party) candidates who may wish to run for public offi ce and gain access to the ballot.

The U.S. Sup reme Court has held that, although citizens are free to associate with one of the two major political parties, to participate in the nomination of their chosen party's canclidates for public office and then to cast their ballots in the general election, local governments must also provide feasible means for other political parties and other candidates to appear on an election ballot. The U.S. Supreme Court found an Ohio law that restricted ballot access was so burdensome that it was 'virtually impossible' for other parties to achieve ballot position for their canclidates. Because these restrictions, which were challenged under the Equal Protection Clause, severely burdened the right to associate for political purposes and the right to vote effectively, the Court ruled that the discriminations against new parties had to be justified by compelling state interests. The Court recognized a substantial state interest in encouraging compromise and political stability, in attempting to ensure that the election winner will represent a majority of the community, and in providing the electorate with an understandable ballot and inferred that 'reasonable requirements for ballot position' would be acceptable. But these important interests were deemed insufficient to warrant burdens so severe as to confer an effective political monopoly on the two major parties. The Court found the First and Fourteenth Amendments, including the Equal Protection Clause, required as much. [see Williams v . Rhodes, 393 U.S. 23, 89 S.Ct. 5 (1968)].

Rk ardo J. Rordall o (iovemt•r·s Complex · Adelup, Guam % 1H 0 Tel: (67 I/ 47:!-893 116 • Fax: (67 1) 4 77-4ll26 • w''" ~ . govemo r. guam. g.ov Transmittal of Bill 54-31 (COR) June 1, 2011 Page 2 of 2

Restrictions upon access of political parties to the ballot impinge upon the rights of individuals to associate for political purposes and the rights of qualified voters to cast their votes effectively, although those rights are not absolute and are necessarily subject to qualification if elections are to be run fairly and effectively. Local governments may condition access to an election ballot by minor party or independent candidates upon a showing of modicum of support among potential voters for office. Local governments have a right to require candidates to make a preliminary showing of substantial support in order to qualify for a place on the ballot. [see Munro v. Socialist Workers Party, 479 U.S. 189, 107 S.Ct. 533 (1986)]. Thus it is constitutional to require a minimum number of signatures on a petition before any candidate is allowed to appear on the ballot.

However, the larger concern remains. By restricting the primary ballot to only reflect two, albeit the two most commonly found, political parties, the risk exists that a third-party /minor party candidate or independent candidate would be entitled to launch a legal challenge if not allowed to appear on this binary-choice ballot. Therefore, it is my hope that I Liheslaturan Guahan will focus on this legislation to resolve any potential pitfalls that may impair the integrity and equal opportunity of our electoral process.

Attachment: copy of Bill

Ricardo J. Bordallo Governor's Complex• Adelup, Guam 96910 Tel: (671) 472-893 l/6 •Fax: (671) 477-4826 • www.governor.guam.gov I MINA 'TRENTAI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAHAN

This is to certify that Substitute Bill No. 54-31 (COR), "AN ACT TO AMEND §7105 OF CHAPTER 7, AND §1630l(a), (d) AND (e) OF ARTICLE 3, CHAPTER 16, ALL OF TITLE 3, GUAM CODE ANNOTATED, RELATIVE TO THE PRIMARY ELECTION BALLOT", was on the 10th day of May, 2011, duly and regularly passed.

Judith T. Won Pat, Ed.D. Speaker

This Act was received by I Maga 'lahen Guahan this \~~ day of~' 2011, at \()-. ~\:) o'clock ~ .M.

sistant Staff Officer aga 'lahi 's Office APPROVED:

I Maga'lahen Guahan

Date: __M_AY_2_4_Z_0_11 ___

Public Law No. 31-59 I MINA 'TRENTAI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. 54-31 (COR) As substituted by the Committee on Health and Human Services, Senior Citizens, Economic Development, and Election Reform, and amended on the Floor.

Introduced by: Chris M. Duenas Dennis G. Rodriguez, Jr. T. C. Ada V. Anthony Ada F. F. Blas, Jr. B. J.F. Cruz Judith P. Guthertz, DP A Sam Mabini, Ph.D. T. R. Mufia Barnes Adolpho B. Palacios, Sr. v.c.pangelinan R. J. Respicio M. Silva Taijeron Aline A.Yamashita, Ph.D. Judith T. Won Pat, Ed.D.

AN ACT TO AMEND §7105 OF CHAPTER 7, AND §1630l(a), (d) AND (e) OF ARTICLE 3, CHAPTER 16, ALL OF TITLE 3, GUAM CODE ANNOTATED, RELATIVE TO THE PRIMARY ELECTION BALLOT.

1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Statement and Intent. It is the intent of I 3 Liheslatura to encourage voters of Guam to exercise their right in a manner that 4 minimizes the spoiling of their cast ballots. To this end, I Liheslatura proposes to 5 change the Primary Election ballot so that all candidates from one (1) recognized

1 1 political party are listed on one (1) side of the ballot, with all candidates from the 2 other recognized political party listed on the opposite side. 3 Section 2. §7105 of Chapter 7 of Title 3, Guam Code Annotated, is 4 amended to read: 5 "§7105. Order of Names on Ballot - Legislature. The 6 Commission shall prepare the ballot in such a manner that a nominee's name 7 shall appear under the name of the political party, if any, sponsoring such 8 nommee. 9 In all elections, the names of all nominees or candidates for a specific 10 office shall be listed in a random manner. Each contestant for any office 11 under a party or independent designation shall be listed according to lot 12 drawn by the Election Commission. All drawings for ballot position shall 13 be done publicly and persons appearing on the ballot shall be specifically 14 invited to attend. The drawings for ballot placement shall be accomplished 15 as soon as is reasonably possible after the identity of the persons to appear 16 on the ballot is known to the Election Commission. 17 The names of the nominees shall appear in columns vertically in such 18 order as is determined by lot. The names of all nominees holding the office 19 for which they are seeking election shall have the word INCUMBENT 20 printed immediately after them." 21 Section 3. §1630l(a) of Article 3 of Chapter 16, Title 3, Guam Code 22 Annotated, is amended to read: 23 "(a) All candidates for all offices to be contested in the forthcoming 24 General Election shall appear on a Primary Ballot to be voted upon by voters 25 in each voting district. A voting district is each district within Guam as 26 defined in 1 GCA § 403, unless otherwise provided in this Title. The Guam 27 Election Commission shall publish a ballot with the names of all qualified

2 1 candidates from the Republican Party on one (1) side of the ballot, and the 2 names of all qualified candidates from the Democratic Party on the opposite 3 side. This ballot format shall be used to limit voters to casting votes in only 4 one ( 1) party for all offices in that Primary Election;" 5 Section 4. § 16301 (d) of Article 3 of Chapter 16, Title 3, Guam Code 6 Annotated, is amended to read: 7 "(d) There shall appear specific instructions in boldface type on 8 each ballot that a voter may cast votes for candidates appearing on that 9 ballot for one (1) party only; that if votes are cast for candidates of more 10 than one (1) party for any office or nomination of offices appearing on the 11 ballot, the entire ballot shall be void. The instructions on the ballot shall 12 clearly indicate that voters are allowed to cast votes in only one (1) party for 13 all offices in that Primary Election, and shall not cast votes on more than 14 one ( 1) side of the ballot. Any ballot wherein votes are cast for more than 15 one ( 1) party for all offices in that Primary Election shall be void;" 16 Section 5. §1630l(e) of Article 3 of Chapter 16, Title 3, Guam Code 17 Annotated, is amended to read: 18 "(e) The ballot for each office for which party nominations are 19 sought shall contain instructions to the voters as to the maximum number of 20 candidates that may be selected for that office; that party's candidates for 21 nomination for each office shall be listed on the ballot in random order in a 22 manner similar to that established for General Election Ballot listing and 23 placement;" 24 Section 6. Effective Date. This Act shall be effective upon enactment 25 into law.