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 Rep-
resentatives, 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 DELE-
GATE.
Section 2 of the Act entitled ‘‘An Act to provide that the Terri-
tory of American Samoa be represented by a nonvoting Delegate
H. R. 2010—2
to the United States House of Representatives, and for other pur-
poses’’, 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.—Not-
withstanding 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 subse-
quent 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.