[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2010 Reported in Senate (RS)]






                                                       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 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 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 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 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.--
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 majority 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.




                                                       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 representing American Samoa in the United 
        States House of Representatives, and for other purposes.

_______________________________________________________________________

                           September 28, 2004

                       Reported without amendment