Title 48 — Territories and Insular Possessions
Chapter 8A — Guam
§ 1423. Legislature of Guam
Statutory text
Unicameral nature; power
The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the “Legislature of Guam”, herein referred to as the legislature.
Size of legislature; prohibition against denial of equal protection; at large and district representation
The legislature shall be composed of not to exceed twenty-one members, to be known as senators, elected at large, or elected from legislative districts or elected in part at large and in part from legislative districts, as the laws of Guam may direct: Provided, That any districting and any apportionment pursuant to this authorization and provided for by the laws of Guam shall not deny to any person in Guam the equal protection of the laws: And provided further, That in any elections to the legislature, every elector shall be permitted to vote for the whole number of at-large candidates to be elected, and every elector residing in a legislative district shall be permitted to vote for the whole number of candidates to be elected within that district.
Reapportionment; Federal census base
Any districting and related apportionment pursuant to this section shall be based upon the then most recent Federal population census of Guam, and any such districting and apportionment shall be reexamined following each successive Federal population census of Guam and shall be modified, if necessary, to be consistent with that census.
Timing of biennial elections
General elections to the legislature shall be held on the Tuesday next after the first Monday in November, biennially in even-numbered years. The legislature in all respects shall be organized and shall sit according to the laws of Guam.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Organic Act of Guam
Pub. L. 81–512 § 10 · 64 Stat. 384
Enacted · 48 U.S.C. § 1423
Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387
Source evidence
Code source credit
Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387Enacted provision · exact public law section
Sec. 10. the legislature The legislative power of Guam, except as otherwise provided in this Act, shall be vested in a legislature which shall consist of a single house of not to exceed twenty-one members to be elected at large. General elections to the legislature shall be held on the General elections. Tuesday next after the first Monday in November, biennially in even-numbered years. The members of the legislature holding office on the date of enactment of this Act shall continue to serve as such until the next election held in accordance with the laws of Guam and until their successors have duly qualified. The legislature in all respects shall be organized and shall sit according to the laws of Guam in force on the date of enactment of this Act and as amended or modified after such date.Pub. L. 89–552 § 1 · 80 Stat. 371
Changed · 48 U.S.C. § 1423
Pub. L. 89–552 authorized election of senators in whole or in part from legislative districts if the laws of Guam so directed, provided that the legislators be called senators, prohibited any districting or apportionment which denied equal protection of the laws to any person in Guam, required that electors be permitted to vote for the whole number of candidates to be elected both within his district and at large, prohibited reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest Federal census
Source evidence
Code amendment note
Pub. L. 89–552 authorized election of senators in whole or in part from legislative districts if the laws of Guam so directed, provided that the legislators be called senators, prohibited any districting or apportionment which denied equal protection of the laws to any person in Guam, required that electors be permitted to vote for the whole number of candidates to be elected both within his district and at large, prohibited reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest Federal census.Pub. L. 98–213 § 5(b) · 97 Stat. 1459
Substituted · 48 U.S.C. § 1423(c)
Pub. L. 98–213 substituted “Any” for “The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten-year intervals: Provided, That any”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–213 substituted “Any” for “The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten-year intervals: Provided, That any”.
1 of 3 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1966–1983 · 2 rounds
1983
Subsec. (c). Pub. L. 98–213 substituted “Any” for “The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten-year intervals: Provided, That any”.
1966
Pub. L. 89–552 authorized election of senators in whole or in part from legislative districts if the laws of Guam so directed, provided that the legislators be called senators, prohibited any districting or apportionment which denied equal protection of the laws to any person in Guam, required that electors be permitted to vote for the whole number of candidates to be elected both within his district and at large, prohibited reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest Federal census.
Statutory Notes and Related Subsidiaries
Amendment of Laws of Guam To Conform to Changes Made by Pub. L. 89–552
Pub. L. 89–552, § 2, , 80 Stat. 376, provided that: “As soon as practicable after enactment of this Act [], and subject to the conditions and requirements of section 10 of the Organic Act of Guam, as amended by section 1 hereof [this section], the laws of Guam shall be amended to make provision for the manner of the election of members of the legislature. Until the laws of Guam shall make such provision the method of electing the legislature shall remain as it is upon the date of enactment of this Act.”
Credits
1950–1983 · 3 acts
- 1950Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387
- 1966Pub. L. 89–552, § 1, , 80 Stat. 375
- 1983Pub. L. 98–213, § 5(b), , 97 Stat. 1460.
Show as published
(Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387; Pub. L. 89–552, § 1, , 80 Stat. 375; Pub. L. 98–213, § 5(b), , 97 Stat. 1460.)