[Congressional Record (Bound Edition), Volume 147 (2001), Part 20]
[Extensions of Remarks]
[Page 28008]
[From the U.S. Government Publishing Office, www.gpo.gov]



    FEDERAL LEGISLATION TO PROTECT THE VOTING RIGHTS OF ACTIVE DUTY 
       MILITARY MEMBERS WHOSE HOME OF RESIDENCE IS AMERICAN SAMOA

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                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                      Thursday, December 20, 2001

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introduce federal 
legislation to protect the voting rights of active duty military 
members whose home of residence is American Samoa.
  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 runoff 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 U.S. mainland and American Samoa, and delays in the 
preparation of new ballots in the case of runoff elections.
  However, under the provisions of 42 U.S.C, 1973ff-1, Federal law 
states that:
  Each State shall--
  (1) permit absent uniformed services voters and overseas voters to 
use absentee registration procedures and to vote by absentee ballot in 
general, special primary, or runoff elections for Federal office;
  (2) . . .
  (3) permit overseas voters to use Federal write-in absentee ballots . 
. . in general elections for Federal office.''
  American Samoa law requiring uniformed service voters to register to 
vote in person is contrary to the Uniformed and Overseas Citizens 
Absentee Voting Act. The Uniformed and Overseas Citizens Absentee 
Voting Act recognizes that there is a considerable cost involved for a 
service member, and often a spouse, to travel to his/her home of 
residence to register to vote. Federal law also recognizes that active 
duty service members have little to say about where they are stationed. 
Yet, wherever they are sent, and whatever dangers they may encounter, 
Federal law recognizes that our service members are fundamentally 
entitled to the right to vote.
  Mr. Speaker, the discrepancy that exists between Federal and 
territorial law must be addressed. Soldiers from American Samoa serving 
in the active-duty military should be afforded a fair opportunity to 
vote in American Samoa as required by federal law.
  The fact of the matter is our military men and women place their 
lives on the line to protect our freedoms. The least we can do is 
ensure that their fundamental right to vote is also protected. Now more 
than ever, when our country is at war, and our nation is in crisis, we 
should make every effort to afford our service members and their 
dependents the right to vote.
  To ensure that American Samoa's election laws comply with Federal 
law, I have suggested that a division should be created within our 
local election office to deal specifically with absentee ballot and 
registration procedures. I also believe that the territory needs to 
reconsider matters pertaining to run-off elections.
  Under territorial law, it is nearly impossible for absentee voters to 
cast votes in a run-off election because local law mandates the run-off 
election to be held two weeks after the general election. This local 
mandate discriminates against active service members and other absentee 
voters. To address this problem in terms of Federal elections, I 
believe the best solution is to establish non-partisan primary 
elections during an election year in the event that there are three or 
more candidates running for Congress.
  Primary elections in the summer followed by general elections in the 
fall will afford all of our qualified voters an equal opportunity to 
cast their ballots. This will also ensure that our active duty service 
members are afforded the same rights and privileges as every other 
American serving in the U.S. Armed Services.
  Mr. Speaker, I urge my colleagues to support this legislation and I 
look forward to its timely passage.

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