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Union Calendar No. 295

108TH CONGRESS 

2D SESSION H. R. 2010

[Report No. 108–515] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Mr. FALEOMAVAEGA introduced the following bill; which was referred to the 

Committee on Resources 

JUNE 1, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 7, 2003] 

A BILL

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 week 

10 of November in even-numbered years and runoff elec11 tions 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 the 

14 Armed Forces on active duty and other overseas voters 

15 of the opportunity to participate in the Federal elec16 tion process in American Samoa. 

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

18 due to limited air service, mail delays, and other con19 siderations, it has been and remains impossible for 

20 absentee ballots to be prepared and returned within a 

21 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 Vot2 ing Act. 

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

5 plurality, it is in the national interest for American 

6 Samoa to do the same until such time as the Amer7 ican Samoa Legislature establishes primary elections 

8 and declares null and void the local practice of re9 quiring members of the Armed Forces on active duty 

10 and other overseas voters to register in person which 

11 is contrary to the federal Uniformed and Overseas 

12 Citizens Absentee Voting Act. 

13 SEC. 2. PLURALITY OF VOTES REQUIRED FOR ELECTION OF 

14 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 Representa18 tives, and for other purposes’’, approved October 31, 1978 

19 (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.—The 

4 legislature of American Samoa may, but is not required 

5 to, provide for primary elections for the election of Delegate. 

6 ‘‘(d) EFFECT OF ESTABLISHMENT OF PRIMARY ELEC7 TIONS.—Notwithstanding subsection (a), if the legislature 

8 of American Samoa provides for primary elections for the 

9 election of Delegate, the Delegate shall be elected by a major10 ity of votes cast in any subsequent general election for the 

11 office of Delegate for which such primary elections were 

12 held.’’. 

13 SEC. 3. EFFECTIVE DATES. 

14 The amendments made by paragraph (1) of section 2 

15 shall take effect on January 1, 2006. The amendment made 

16 by paragraph (2) of section 2 shall take effect on January 

17 1, 2005. 

Union Calendar No. 295

108TH CONGRESS 

2D SESSION H. R. 2010

[Report No. 108–515] 

A BILL

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 repJUNE 1, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,