[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2010 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2010

   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

_______________________________________________________________________

                                 A BILL


 
   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 active-
        duty service members be allowed to vote in Federal elections.
            (2) 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.).
            (3) 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.
            (4) This practice of holding a run-off election 2 weeks 
        after a general election is outdated, outmoded, and deprives 
        active-duty members of the U.S. Armed Forces of the opportunity 
        to participate in the Federal election process in American 
        Samoa.
            (5) Prior to and since September 11, 2001, it remains 
        impossible for absentee ballots to be prepared and returned 
        during a 2-week period due to limited air service, mail delays, 
        and other considerations. As a result, active-duty members 
        continue to be denied the right to vote in American Samoa.
            (6) However, 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 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; 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 subsection:
    ``(c) Effect of Establishment of Primary Elections.--
Notwithstanding subsection (a), if the legislature of American Samoa 
provides for primary elections for the election of the Delegate, the 
legislature may provide that the Delegate shall be elected by a 
majority of the votes cast in any general election for the office of 
Delegate for which such primary elections were held.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2004.
                                 <all>