II 

Calendar No. 736 

108TH CONGRESS 

2D SESSION H. R. 2010 

[Report No. 108–377] 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2004 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

SEPTEMBER 28, 2004 

Reported by Mr. DOMENICI, without amendment 

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, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

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

6 members of the Armed Forces on active duty and 
2 

•HR 2010 RS 

1 other overseas voters be allowed to vote in Federal 

2 elections. 

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

4 Congressional Delegate from American Samoa was 

5 held, general elections have been held in the first 

6 week of November in even-numbered years and run7 off elections have been held 2 weeks later. 

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

9 weeks after a general election deprives members of 

10 the Armed Forces on active duty and other overseas 

11 voters of the opportunity to participate in the Fed12 eral election process in American Samoa. 

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

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

15 considerations, it has been and remains impossible 

16 for absentee ballots to be prepared and returned 

17 within a 2-week period. 

18 (5) American Samoa law requiring members of 

19 the Armed Forces on active duty and other overseas 

20 voters to register in person also prevents participa21 tion in the Federal election process and is contrary 

22 to the Uniformed and Overseas Citizens Absentee 

23 Voting Act. 

24 (6) Given that 49 states elect their Representa25 tives to the United States House of Representatives 
3 

•HR 2010 RS 

1 by plurality, it is in the national interest for Amer2 ican Samoa to do the same until such time as the 

3 American Samoa Legislature establishes primary 

4 elections and declares null and void the local practice 

5 of requiring members of the Armed Forces on active 

6 duty and other overseas voters to register in person 

7 which is contrary to the federal Uniformed and 

8 Overseas Citizens Absentee Voting Act. 

9 SEC. 2. PLURALITY OF VOTES REQUIRED FOR ELECTION 

10 OF DELEGATE. 

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

12 the Territory of American Samoa be represented by a non13 voting Delegate to the United States House of Represent14 atives, and for other purposes’’, approved October 31, 

15 1978 (48 U.S.C. 1732; Public Law 95–556) is amended— 

16 (1) in subsection (a)— 

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

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

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

20 that follows through ‘‘office of Delegate.’’; and 

21 (2) by adding at the end the following new sub22 sections: 

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

24 The legislature of American Samoa may, but is not re-
4 

•HR 2010 RS 

1 quired to, provide for primary elections for the election 

2 of Delegate. 

3 ‘‘(d) EFFECT OF ESTABLISHMENT OF PRIMARY

4 ELECTIONS.—Notwithstanding subsection (a), if the legis5 lature of American Samoa provides for primary elections 

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

7 by a majority of votes cast in any subsequent general elec8 tion for the office of Delegate for which such primary elec9 tions were held.’’. 

10 SEC. 3. EFFECTIVE DATES. 

11 The amendments made by paragraph (1) of section 

12 2 shall take effect on January 1, 2006. The amendment 

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

14 January 1, 2005. 

Calendar No. 736 

108TH CONGRESS 

2D SESSION H. R. 2010 

[Report No. 108–377] 

AN ACT 

To protect the voting rights of members of the 

poses. House of Representatives, and for other purresenting American Samoa in the United States Armed Services in elections for the Delegate repSEPTEMBER 28, 2004 

Reported without amendment