I 

108TH CONGRESS 

1ST SESSION H. R. 2010

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 

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,

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

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

6 active-duty service members be allowed to vote in 

7 Federal elections. 
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1 (2) American Samoa law requiring uniformed 

2 and overseas voters to register to vote in person is 

3 contrary to the Uniformed and Overseas Citizens 

4 Absentee Voting Act (42 U.S.C. 1973ff et seq.). 

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

6 Congressional Delegate from American Samoa was 

7 held, general elections have been held in the first 

8 week of November in even-numbered years and run9 off elections have been held 2 weeks later. 

10 (4) This practice of holding a run-off election 2 

11 weeks after a general election is outdated, outmoded, 

12 and deprives active-duty members of the U.S. Armed 

13 Forces of the opportunity to participate in the Fed14 eral election process in American Samoa. 

15 (5) Prior to and since September 11, 2001, it 

16 remains impossible for absentee ballots to be pre17 pared and returned during a 2-week period due to 

18 limited air service, mail delays, and other consider19 ations. As a result, active-duty members continue to 

20 be denied the right to vote in American Samoa. 

21 (6) However, 49 states elect their Representa22 tives to the United States House of Representatives 

23 by plurality and it is in the national interest and in 

24 the interest of active-duty service members for 

25 American Samoa to do the same. 
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1 SEC. 2. PLURALITY OF VOTES REQUIRED FOR ELECTION 

2 OF DELEGATE. 

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

4 the Territory of American Samoa be represented by a non5 voting Delegate to the United States House of Represent6 atives, and for other purposes’’, approved October 31, 

7 1978 (48 U.S.C. 1732; Public Law 95–556) is amended—

8 (1) in subsection (a)—

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

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

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

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

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(c) EFFECT OF ESTABLISHMENT OF PRIMARY

16 ELECTIONS.—Notwithstanding subsection (a), if the legis17 lature of American Samoa provides for primary elections 

18 for the election of the Delegate, the legislature may pro19 vide that the Delegate shall be elected by a majority of 

20 the votes cast in any general election for the office of Dele21 gate for which such primary elections were held.’’. 

22 SEC. 3. EFFECTIVE DATE. 

23 The amendments made by this Act shall take effect 

24 on January 1, 2004.

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