Title 6 — Elections

Chapters 01 through 12 of this title shall be known and may be cited as the “American Samoa Election Reform Act of 1977” and is applicable to all special, general and runoff elections where issues are presented or Territory-wide candidates, including but not limited to the Govern…

Whenever used in chapters 01 through 12 of this title, the following words and phrases shall, unless it is inconsistent with the context, be construed as follows: (a) “Absent uniformed services voter” means: (1) a member of a uniformed service on active duty who, by reason of suc…

(a) The Chief Election Officer shall administer this title. He shall supervise all elections. He may delegate responsibilities in elections to election officials or to other specified persons. (b) The Chief Election Officer shall be responsible for the maximization of registratio…

Chapters 01 through 12 of this title shall apply to all elections, general, special or run-off, held in the Territory, under all voting systems used within the Territory, so far as applicable and not inconsistent herewith. History: 1977, PL 15-42 § 1.

(a) The Chief Election Officer may adopt, amend, and repeal rules under the Administrative Procedure Act, section 4.1001 et seq., governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use …

(a) The election office shall be staffed by no less than one Deputy Chief Election Officer and one experienced secretary, both selected by the Chief Election Officer, who shall be career service employees. (b) The Chief Election Officer may employ district officials and other tem…

(a) In case of permanent vacancy in the House of Representatives, the Governor shall call for a special election to fill that vacancy, the special election to occur within 60 days of the date the election call is issued. However, if any vacancy occurs within 3 months of the next …

Elections of members of the House of Representatives shall be held in each even-numbered year beginning on the first Tuesday following the first Monday of November and ending not later than 3 weeks thereafter. History: 1962, PL 7-28.

(a) There is created a Board of Registration. The Board, which shall consist of 5 members, shall be appointed by the Governor by and with the advice and consent of the Senate; and the term of office is 4 years. (b) On election day, 1 member shall be designated to sit in the Manu’…

The members of the Board of Registration shall serve without compensation. History: 1977, PL 15-42 § 1.

(a) The Board of Registration is given all of the powers and authority for the summoning and examining of witnesses and the maintenance of order, including the power to punish for contempt and award witness fees. (b) Every member of the Board of Registration may administer oaths …

A person who registers as required by law shall be entitled to vote at any election and to be listed upon the appropriate general register and district list. The designated election officer shall be responsible for qualified elector registration in the respective districts and th…

Every person who has reached the age of 18 years, or who will have reached that age prior to the date of the next election, and is otherwise qualified to register, may do so in the district in which he resides. No person may register or vote in any other district than that in whi…

In determining residency in the Territory, spouses may treat themselves separately from one another. The following rules shall determine residency for Territory and district purposes: (a) The residency of a person is that place in which his habitation is fixed, and to which, when…

All qualified electors shall be registered by district on the general district register. The register shall contain the information required by section 6.0214. The qualified elector’s name shall be maintained alphabetically or numerically in the register and be capable of segrega…

(a) Except as provided in subsections (d) and (e), any person qualified to and desiring to register as a qualified elector in any district may present himself at any time during business hours to the election officer then and there to be examined under oath as to his qualificatio…

(a) The election officer shall, not later than 4:30 p.m. on the 60th day after every general election, remove the name of any qualified elector failing to vote at the election if the voter also failed to vote at the preceding election. For this purpose, “to vote” means the deposi…

A registered qualified elector who changes his residence from one district to another shall notify the election officer and change his registration to the proper district; provided, that no change of registration may be allowed or required after the close of registration for an e…

Whenever any person who has registered as a qualified elector in any county moves to and desires to register in some other county, he shall apply to the election officer. There-upon, the election officer, if the person applying is legally qualified to register, shall accept the r…

(a) The election officer shall use all reliable and pertinent information to keep the general register up to date. The election officer may request information from, but is not limited to, the following sources: (1) the office of the Attorney General for any change of name; (2) c…

(a) The Chief Election Officer shall take applications for change of name from qualified electors who have been married or who have had their names changed since the last election. (b) A person whose residence has changed since the last election, and who the election officer has …

(a) The election officer shall correct the register if at any time it is manifest to him that the name of a person registered has been accidentally misspelled, or that he has been misnamed therein, or that he has been accidentally registered under the wrong district. (b) In any c…

(a) Whenever the election officer receives from any recording or informing agency information of the death, loss of voting right of a person sentenced for felony, adjudication of insanity or feeblemindedness, loss of citizenship or national status, or any other disqualification t…

At 4:30 p.m. on the 30th day prior to each election (but if that day is a Saturday, Sunday, or holiday, then at 4:30 p.m. on the first working day immediately following), the general register shall be closed to registration until after the election, subject to change only as prov…

(a) Challenging Prior to Election Day. Any registered qualified elector may, for any cause not previously decided by the Board of Registration or the High Court in respect to the same person, challenge the right of that person to be or to remain registered as a qualified elector …

(a) In cases where the election officer or the district officials ruled on a challenge or the election officer refuses to register an applicant, or, refuses to change the register under section 6.0220, the person ruled against may appeal from the ruling to the Board of Registrati…

The Board of Registration shall keep books of record in which full and detailed minutes shall be preserved of all its proceedings. The minutes shall be kept from day to day, and shall contain: (1) the date and place of the meeting; (2) the names of the members of the Board presen…

Any affected person or any of the election officials may, not later than 4:30 p.m. on the 10th day after the decision of the Board of Registration, appeal directly to the Appel-late Division of the High Court in the manner provided by law for civil appeals to the High Court. Hist…

When the appeal is perfected, the High Court shall hear the matter as soon thereafter as may be reasonable. The determination by the court is final. History: 1977, PL 15-42 § 1.

Immediately upon rendering a decision upon any appeal, the High Court shall notify the Board of Registration, and, if the decision reverses the decision of the Board, the Board shall immediately order the register to be corrected to conform with the decision. History: 1977, PL 15…

In case of an appeal from a decision of the Board of Registration, the name of the person shall be placed or remain upon the register pending the decision of the High Court concerning it. If the person so registered votes at any election before a decision of the court has been ma…

(a) Candidates for membership in the House of Representatives shall be nominated by a petition, in the form established by the Chief Election Officer, signed by at least 25 registered voters of the election district from which he seeks election. Candidates for Delegate to the Uni…

(a) Any registered qualified elector may, for any cause not previously decided by the Board of Registration or the High Court in respect to the same person, challenge the right of that person to be a candidate for office in a general or special election. The challenge shall be ma…

(a) The challenger or the challenged may, not later 4:30 p.m. on the 5th day after the decision of the Chief Election Officer, appeal directly to the Appellate Division of the High Court in the manner provided by law for civil appeals to the High Court. (b) When the appeal is per…

There shall be 3 or more district officials for each district, 1 of whom shall be the supervisor. History: 1977, PL 15-42 § 1; 2002, PL 27-31.

(a) Application forms shall be made available by the Chief Election Officer for those persons who wish to serve as district officials on election day. The Secretary of Samoan Affairs or his designee shall submit a list of all local government officials i.e. fa’alupega, pulenu’u a…

(a) Not later than 4:30 p.m. on the 5th day prior to any election, the Chief Election Officer shall conduct a school of instruction, if considered necessary, for persons designated as prospective district officials. He shall notify the district officials of the time and place of …

Each district official may administer any oath in this chapter provided it be administered by the district officials. History: 1977, PL 15-42 § 1.

The duties of the district officials may vary with the voting system in use in the district. The duties for the particular system shall be assigned by the Chief Election Officer by rules adopted for that purpose. History: 1977, PL 15-42 § 1.

District officials shall be paid according to fixed rates established for each election by the Chief Election Officer. History: 1977, PL 15-42 § 1; 2002, PL 27-31.

(a) Not later than 4:30 p.m. on the 10th day prior to the close of filing in elections involving Territorial offices, the Chief Election Officer shall issue an election proclamation. (b) The proclamation shall contain a statement of the time and places where and the purposes for …

(a) The Chief Election Officer shall specify one or more polling places in each representative district. Schools, police stations, fire stations, and other publicly owned or controlled buildings shall, whenever possible and convenient, be used as polling places. The Chief Electio…

Every qualified elector shall be privileged from arrest on election day while at his polling place and in going to and returning therefrom, except in case of breach of the peace then committed, or in case of treason or felony. History: 1977, PL 15-42 § 1.

Any qualified elector shall on the day of the election be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of 2 consecutive hours (excluding any lunch or rest periods) between the time of opening and closing the polls…

Every record made under law by the board of registration, or the district officials, shall be a prima facie evidence of the facts therein set forth, and shall be received as such in any court or tribunal in which it is offered in evidence. History: 1977, PL 15-42 § 1.

The register of qualified electors and all appertaining to the registry of qualified electors, or to any election, in the possession of the board of registration, the district officials, or the Chief Election Officer shall, at all reasonable times, be open to the inspection of an…

Books, blanks, records, certificates, and other forms and materials required by chapters 01 through 12 of this title shall be of uniform character suitable for the voting system in use and shall be prescribed by the Chief Election Officer. History: 1977, PL 15-42 § 1.

Ballots issued by the Chief Election Officer as to Territorial elections are official ballots. The Chief Election Officer, where paper or other type of ballots are used, shall have printed sufficient copies of each of the official ballots to be used in the various districts so th…

(a) A ballot shall contain the names of the candidates, the offices for which they are running, and the district in which the election is being held. The name of the candidate may be printed with the Samoan or English equivalent or nickname, if the candidate so requests in writin…

The form of the ballot shall be determined by the Chief Election Officer. The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order. In the case of paper ballots or cards where the names of the candidates are printed and the qu…