II 
Calendar No. 736 
108TH CONGRESS 
2D SESSION 
H. R. 2010 
[Report No. 108–377] 
IN THE SENATE OF THE UNITED STATES 
JUNE 15, 2004 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
SEPTEMBER 28, 2004 
Reported by Mr. DOMENICI, without amendment 
AN ACT 
To protect the voting rights of members of the Armed Serv-
ices 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 Representa-
tives 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 run-
off 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 Fed-
eral 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 participa-
tion in the Federal election process and is contrary 
to the Uniformed and Overseas Citizens Absentee 
Voting Act. 
(6) Given that 49 states elect their Representa-
tives to the United States House of Representatives
by plurality, it is in the national interest for Amer-
ican 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 non-
voting Delegate to the United States House of Represent-
atives, 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 sub-
sections: 
‘‘(c) ESTABLISHMENT OF PRIMARY ELECTIONS.— 
The legislature of American Samoa may, but is not re-
quired to, provide for primary elections for the election 
of Delegate. 
‘‘(d) EFFECT
OF ESTABLISHMENT
OF PRIMARY 
ELECTIONS.—Notwithstanding subsection (a), if the legis-
lature 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 elec-
tion for the office of Delegate for which such primary elec-
tions 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.
Calendar No. 736 
108TH CONGRESS 
2D SESSION 
H. R. 2010 
[Report No. 108–377] 
AN ACT 
To protect the voting rights of members of the 
Armed Services in elections for the Delegate rep-
resenting American Samoa in the United States 
House of Representatives, and for other pur-
poses. 
SEPTEMBER 28, 2004 
Reported without amendment