IB 
Union Calendar No. 295
108TH CONGRESS 
2D SESSION 
H. R. 2010
[Report No. 108–515] 
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 
JUNE 1, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 7, 2003] 
A BILL 
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 runoff elec-
tions 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 elec-
tion process in American Samoa. 
(4) Prior to and since September 11, 2001, and 
due to limited air service, mail delays, and other con-
siderations, 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 Vot-
ing 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 American 
Samoa to do the same until such time as the Amer-
ican Samoa Legislature establishes primary elections 
and declares null and void the local practice of re-
quiring 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 Representa-
tives, 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 required 
to, provide for primary elections for the election of Delegate. 
‘‘(d) EFFECT OF ESTABLISHMENT OF PRIMARY ELEC-
TIONS.—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 major-
ity 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.
Union Calendar No. 295
108TH CONGRESS 
2D SESSION 
H. R. 2010
[Report No. 108–515] 
A BILL 
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. 
JUNE 1, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed