[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Page S11180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    VOTING RIGHTS OF MEMBERS OF THE ARMED SERVICES FOR THE DELEGATE 
                      REPRESENTING AMERICAN SAMOA

  The bill (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, was considered, ordered to a third reading, read the third 
time, and passed.

                               H.R. 2010

       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.

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