IIB 

108TH CONGRESS 

2D SESSION H. R. 2010 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2004 

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

Resources 

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: JEFF TRANDAHL, 

Clerk.