48 U.S.C. § 1422a

Removal of Governor, Lieutenant Governor, or member of legislature; referendum election

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 48 CasesGoogle Scholar

(a) The people of Guam shall have the right of initiative and referendum, to be exercised under conditions and procedures specified in the laws of Guam.(b) Any Governor, Lieutenant Governor, or member of the legislature of Guam may be removed from office by a referendum election in which at least two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such referendum election. The referendum election shall be initiated by the legislature of Guam following (a) a two-thirds vote of the members of the legislature in favor of a referendum, or (b) petition for such a referendum to the legislature by registered voters equal in number to at least 50 per centum of the whole number of votes cast at the last general election at which such official was elected preceding the filing of the petition.(Aug. 1, 1950, ch. 512, § 7, 64 Stat. 387; Pub. L. 90–497, § 2, Sept. 11, 1968, 82 Stat. 844; Pub. L. 97–357, title I, § 101, Oct. 19, 1982, 96 Stat. 1705.)Editorial NotesAmendments

1982—Subsec. (a). Pub. L. 97–357 added subsec. (a).

Subsec. (b). Pub. L. 97–357 redesignated existing provisions as subsec. (b) and inserted provisions relating to the removal of a Lieutenant Governor or member of the legislature of Guam.

1968—Pub. L. 90–497 substituted provisions for the removal of the Governor of Guam through a referendum election for provisions for the appointment, tenure, powers, and duties of the Secretary of Guam.

Statutory Notes and Related SubsidiariesEffective Date of 1968 Amendment

Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.

Notes of Decisions

Cited in 3 cases, 2012–2020 · leading case: Clarke v. Ross, 2012 U.S. Dist. LEXIS 99004 (D.V.I. 2012).

Sort: Relevance Newest Treatment

Clarke v. Ross, 2012 U.S. Dist. LEXIS 99004 (D.V.I. 2012). “361 (2012) (30%); [Guam] 48 U.S.C. § 1422a (2012) (50%); La. Rev. Stat.”

Linsangan v. United States (D. Guam 2020). · cites it 2× “21 Plaintiff relies on 48 U.S.C. § 1422a, in his attempt to argue that Section 12616 is 22 inconsistent with Section 1421b.”

Linsangan v. Gov't Of Guam (D. Guam 2020). “8 Lastly, Plaintiff appears to imply that he has “automatic” standing because his 9 constitutional rights were violated as a result of the Cannabis Act not having been enacted 10 through the initiative process, citing 48 U.S.C. § 1422a. Obj. to R. & R. at 1-3, ECF No.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.