108TH CONGRESS

2D SESSION H. R. 2010

AN ACT

To protect the voting rights of members of the

poses.House of Representatives, and for other purresenting American Samoa in the United StatesArmed Services in elections for the Delegate rep-

108TH CONGRESS

2D SESSION H. R. 2010

AN ACT

To protect the voting rights of members of the Armed Services in elections for the Delegate representing American

Samoa in the United States House of Representatives,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FINDINGS.

2 Congress finds the following:

3 (1) It is in the national interest that qualifying

4 members of the Armed Forces on active duty and

5 other overseas voters be allowed to vote in Federal

6 elections.

7 (2) Since 1980, when the first election for the

8 Congressional Delegate from American Samoa was

9 held, general elections have been held in the first

10 week of November in even-numbered years and run11 off elections have been held 2 weeks later.

12 (3) This practice of holding a run-off election 2

13 weeks after a general election deprives members of

14 the Armed Forces on active duty and other overseas

15 voters of the opportunity to participate in the Fed16 eral election process in American Samoa.

17 (4) Prior to and since September 11, 2001, and

18 due to limited air service, mail delays, and other

19 considerations, it has been and remains impossible

20 for absentee ballots to be prepared and returned

21 within a 2-week period.

22 (5) American Samoa law requiring members of

23 the Armed Forces on active duty and other overseas

24 voters to register in person also prevents participa25 tion in the Federal election process and is contrary
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1 to the Uniformed and Overseas Citizens Absentee

2 Voting Act.

3 (6) Given that 49 states elect their Representa4 tives to the United States House of Representatives

5 by plurality, it is in the national interest for Amer6 ican Samoa to do the same until such time as the

7 American Samoa Legislature establishes primary

8 elections and declares null and void the local practice

9 of requiring members of the Armed Forces on active

10 duty and other overseas voters to register in person

11 which is contrary to the federal Uniformed and

12 Overseas Citizens Absentee Voting Act.

13 SEC. 2. PLURALITY OF VOTES REQUIRED FOR ELECTION

14 OF DELEGATE.

15 Section 2 of the Act entitled ‘‘An Act to provide that

16 the Territory of American Samoa be represented by a non17 voting Delegate to the United States House of Represent18 atives, and for other purposes’’, approved October 31,

19 1978 (48 U.S.C. 1732; Public Law 95–556) is amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘majority’’ and inserting

22 ‘‘plurality’’ the first place it appears; and

23 (B) by striking ‘‘If no candidate’’ and all

24 that follows through ‘‘office of Delegate.’’; and
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1 (2) by adding at the end the following new sub2 sections:

3 ‘‘(c) ESTABLISHMENT OF PRIMARY ELECTIONS.—

4 The legislature of American Samoa may, but is not re5 quired to, provide for primary elections for the election

6 of Delegate.

7 ‘‘(d) EFFECT OF ESTABLISHMENT OF PRIMARY

8 ELECTIONS.—Notwithstanding subsection (a), if the legis9 lature of American Samoa provides for primary elections

10 for the election of Delegate, the Delegate shall be elected

11 by a majority of votes cast in any subsequent general elec12 tion for the office of Delegate for which such primary elec13 tions were held.’’.

14 SEC. 3. EFFECTIVE DATES.

15 The amendments made by paragraph (1) of section

16 2 shall take effect on January 1, 2006. The amendment

17 made by paragraph (2) of section 2 shall take effect on

18 January 1, 2005.

Passed the House of Representatives June 14, 2004.

Attest:

Clerk.