[108th Congress Public Law 376]
[From the U.S. Government Printing Office]


[DOCID: f:publ376.108]

[[Page 118 STAT. 2200]]

Public Law 108-376
108th Congress

                                 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. <<NOTE: Oct. 
                       30, 2004 -  [H.R. 2010]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: 48 USC 1732 note.>> 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. <<NOTE: 48 USC 1732.>> 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

[[Page 118 STAT. 2201]]

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. <<NOTE: 48 USC 1732 note.>> 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.

    Approved October 30, 2004.

LEGISLATIVE HISTORY--H.R. 2010:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-515 (Comm. on Resources).
SENATE REPORTS: No. 108-377 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 14, considered and passed House.
            Oct. 10, considered and passed Senate.

                                  <all>