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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2010 Enrolled Bill (ENR)]

        H.R.2010

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
        (1) It is in the national interest that qualifying members of 
    the Armed Forces on active duty and other overseas voters be 
    allowed to vote in Federal elections.
        (2) Since 1980, when the first election for the Congressional 
    Delegate from American Samoa was held, general elections have been 
    held in the first week of November in even-numbered years and 
    runoff elections have been held 2 weeks later.
        (3) This practice of holding a run-off election 2 weeks after a 
    general election deprives members of the Armed Forces on active 
    duty and other overseas voters of the opportunity to participate in 
    the Federal election process in American Samoa.
        (4) Prior to and since September 11, 2001, and due to limited 
    air service, mail delays, and other considerations, it has been and 
    remains impossible for absentee ballots to be prepared and returned 
    within a 2-week period.
        (5) American Samoa law requiring members of the Armed Forces on 
    active duty and other overseas voters to register in person also 
    prevents participation in the Federal election process and is 
    contrary to the Uniformed and Overseas Citizens Absentee Voting 
    Act.
        (6) Given that 49 states elect their Representatives to the 
    United States House of Representatives by plurality, it is in the 
    national interest for American Samoa to do the same until such time 
    as the American Samoa Legislature establishes primary elections and 
    declares null and void the local practice of requiring members of 
    the Armed Forces on active duty and other overseas voters to 
    register in person which is contrary to the federal Uniformed and 
    Overseas Citizens Absentee Voting Act.

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

    Section 2 of the Act entitled ``An Act to provide that the 
Territory of American Samoa be represented by a nonvoting Delegate to 
the United States House of Representatives, and for other purposes'', 
approved October 31, 1978 (48 U.S.C. 1732; Public Law 95-556) is 
amended--
        (1) in subsection (a)--
            (A) by striking ``majority'' and inserting ``plurality'' 
        the first place it appears; and
            (B) by striking ``If no candidate'' and all that follows 
        through ``office of Delegate.''; and
        (2) by adding at the end the following new subsections:
    ``(c) Establishment of Primary Elections.--The legislature of 
American Samoa may, but is not required to, provide for primary 
elections for the election of Delegate.
    ``(d) Effect of Establishment of Primary Elections.--
Notwithstanding subsection (a), if the legislature of American Samoa 
provides for primary elections for the election of Delegate, the 
Delegate shall be elected by a majority of votes cast in any subsequent 
general election for the office of Delegate for which such primary 
elections were held.''.

SEC. 3. EFFECTIVE DATES.

    The amendments made by paragraph (1) of section 2 shall take effect 
on January 1, 2006. The amendment made by paragraph (2) of section 2 
shall take effect on January 1, 2005.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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