[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4838 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4838

 To provide that active duty members of the military be able to fully 
 participate in Federal elections in American Samoa by providing that 
 the office of Delegate from American Samoa to the United States House 
 of Representatives shall be elected by a plurality of the votes cast.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2002

 Mr. Faleomavaega introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To provide that active duty members of the military be able to fully 
 participate in Federal elections in American Samoa by providing that 
 the office of Delegate from American Samoa to the United States House 
 of Representatives shall be elected by a plurality of the votes cast.

    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 active-
        duty service members be allowed to vote in Federal elections.
            (2) Since 1977, active-duty service members serving 
        overseas or on the United States mainland have been excluded 
        from fully participating and voting in both general and run-off 
        Federal elections in American Samoa due to several factors, 
        including local law that requires active duty military members 
        to register in person, limited air and mail service between the 
        United States mainland and American Samoa, and delays in the 
        preparation of new ballots in the case of runoff elections.
            (3) American Samoa law requiring uniformed and overseas 
        voters to register to vote in person is contrary to the 
        Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
        1973ff et seq.).
            (4) The Uniformed and Overseas Citizens Absentee Voting Act 
        has been in effect for over 15 years and American Samoa has not 
        addressed this discrepancy between Federal and territorial law 
        despite notice that the discrepancy exists.
            (5) It is necessary to take additional action to ensure 
        that the votes of active-duty service members are counted in 
        Federal elections conducted in American Samoa and that active 
        duty service members (including reservists called to active 
        duty) do not need to appear in person to register to vote.
            (6) The Uniformed and Overseas Citizens Absentee Voting Act 
        supersedes American Samoa law and American Samoa must comply 
        with this Federal law.
            (7) It is also in the national interest that, to the extent 
        possible, Members of the United States House of Representatives 
        and nonvoting Delegates be elected in the first week of 
        November in even-numbered years.
            (8) 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.
            (9) This practice of holding a run-off election 2 weeks 
        after a general election is outdated, outmoded, and deprives 
        active duty service members of the opportunity to participate 
        in the Federal election process in American Samoa.
            (10) Prior to and since September 11, 2001, it remains 
        impossible for absentee ballots to be prepared and returned 
        during a 2-week time period and as a result active-duty members 
        continue to be denied the right to vote in American Samoa.
            (11) 49 states elect their Representatives to the United 
        States House of Representatives by plurality and it is in the 
        national interest and in the interest of active-duty service 
        members for American Samoa to do the same.

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

    Section 2(a) 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(a); Public Law 95-556) is 
amended--
            (1) by striking ``majority'' and inserting ``plurality''; 
        and
            (2) by striking ``If no candidate'' and all that follows 
        through ``office of Delegate.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2003.
                                 <all>