118 STAT. 2200 PUBLIC LAW 108–376—OCT. 30, 2004

Public Law 108–376

108th Congress

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

48 USC 1732.

48 USC 1732

note.

Oct. 30, 2004

[H.R. 2010]

PUBLIC LAW 108–376—OCT. 30, 2004 118 STAT. 2201

LEGISLATIVE HISTORY—H.R. 2010:

HOUSE REPORTS: No. 108–515 (Comm. on Resources).

SENATE REPORTS: No. 108–377 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

June 14, considered and passed House.

Oct. 10, considered and passed Senate.

Æ

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.

Approved October 30, 2004.

48 USC 1732

note.