[House Report 108-515]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-515
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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
_______
June 1, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2010]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose of the Bill
The purpose of H.R. 2010 is 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.
Background and Need for Legislation
H.R. 2010 replaces the current ``majority'' requirement
needed in the election for the Delegate of American Samoa to
the U.S. House of Representatives with a plurality requirement.
The ``majority'' requirement will be kept, however, if the
American Samoa legislature (Fono) enacts a primary election
system for the Delegate position prior to the general election
of 2006, or for any other subsequent general election
thereafter.
The position of a non-voting Delegate to the U.S. House of
Representatives to represent the Territory of American Samoa
was created in 1978 with the enactment of Public Law 95-556.
Pursuant to such law, the first non-voting Delegate from
American Samoa was elected in 1980. Under this law, the
Delegate from American Samoa to the U.S. House of
Representatives is elected to office at large, by separate
ballot, and by a majority of the votes cast for the office of
Delegate. If no candidate receives a majority, a runoff
election is held on the fourteenth day following the election
between the candidates receiving the highest and the second
highest number of votes cast for the office of Delegate.
Although the U.S. Postal Service operates in American
Samoa, its service is not daily and it is dependent upon
commercial air service originating from Hawaii. Flights
arriving from and departing to Hawaii operate twice per week.
This situation has proven problematic in sending and receiving
absentee ballots in a timely manner during the Congressionally-
mandated 14 day runoff election period.
The Uniformed and Overseas Citizens Absentee Voting Act was
enacted to ensure that the right to vote in federal elections
can be exercised by all, especially U.S. military servicemen
and women and their families living abroad. The procedures and
deadlines to vote absentee vary based on State laws. The
circumstances of a runoff election being held 14 days after a
general election, coupled with inadequate mail service to
American Samoa, has the potential of disenfranchising absent
voters from fully participating in electing American Samoa's
non-voting Delegate.
The Committee recognizes that the time allotted between the
general election and runoff for Delegate is a hindrance to the
full participation of eligible active duty military personnel,
their families, and students located abroad in the runoff
elections through the use of absentee ballots. It is estimated
that there are potentially 2,000 active duty military
personnel, their families, and 120 students living abroad who
could be eligible to participate in the election of American
Samoa's Delegate. The Committee believes that steps should be
taken to increase the participation of these voters in the
election for the office of Delegate.
Other insular areas, including the Virgin Islands and Guam,
have acted within their territorial powers under subsection (a)
of 48 U.S.C. 1734 to enact requirements for a primary to select
candidates for their non-voting representative to Congress,
thereby avoiding the problem faced by American Samoa.
In the Committee's continuing effort to provide insular
governments a greater measure of self-government, H.R. 2010, as
amended by the Committee, makes clear that the authority to
establish a primary election system rests with the Fono. In
addition, the Fono has the authority to enact legislation
governing all other matters of local application pertaining to
the election and the office of Delegate for which H.R. 2010, as
amended, has not otherwise expressly provided for. In so doing,
and in recognition that such action will have a direct effect
on the office of Delegate, the Committee encourages that the
Fono work collaboratively with the Delegate from American
Samoa, and act consistently with the laws of the United States
and the Revised Constitution of American Samoa, where
applicable.
Committee Action
H.R. 2010 was introduced on May 7, 2003, by Congressman Eni
Faleomavaega (D-AS).\1\ The bill was referred to the Full
Committee on Resources. On October 29, 2003, the Committee held
a hearing on the bill. On May 5, 2004, the Full Resources
Committee met to consider the bill. Congressman Faleomavaega
offered an amendment in the nature of a substitute to clarify
the powers of the Fono to adopt a primary voting structure for
the office of the Delegate, as well as to make technical
changes to the legislation with regard to dates of
implementation. It was adopted by unanimous consent. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
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\1\ In the 107th Congress, Congressman Faleomavaega introduced both
H.R. 3576 and H.R. 4838, which are similar to the legislation
introduced as H.R. 2010 in the 108th Congress. During the 107th
Congress, the Committee scheduled a Full Committee hearing on H.R.
4838, but Mr. Faleomavaega asked that the hearing be postponed due to a
request made by the Legislature of American Samoa (Fono) on July 10,
2002.
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Section-by-Section Analysis
Section 1. Findings
This section lists Congressional findings regarding how
members of the Armed Forces and other overseas voters face
specific logistical obstacles to their ballots being included
in the election of the Delegate from American Samoa.
Section 2. Plurality of Votes Required for Election of Delegate
Section 2 amends subsection 1732 (a) of Public Law 95-556
(48 U.S.C. 1732) to provide for a primary election system. This
section also specifically authorizes the Fono to establish a
primary election for the office of Delegate. Further, if the
Fono establishes this primary, the general election will revert
to a majority election system.
Section 3. Effective Dates
Section 3 makes the legislation effective on January 1,
2006. This does not include subsection (c) regarding the powers
of the Fono to establish a primary, which is effective on
January 1, 2005.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 21, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2010, a bill 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Matthew
Pickford (for federal costs) and Marjorie Miller (for the state
and local impact).
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin).
Enclosure.
H.R. 2010--A bill 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
H.R. 2010 would amend Public Law 95-556, which provided the
Territory of American Samoa with a nonvoting delegate to the
U.S. House of Representatives. Specifically, the bill would
revise the voting procedures used for the election of American
Samoa's delegate. Currently, the delegate must be elected by a
majority of votes, and a run-off vote is held 14 days after the
initial vote if no candidate receives a majority. Under H.R.
2010, only a plurality would be required and no run-off
election would be held. However, if the legislature of American
Samoa were to provide for primary elections for the election of
the delegate, then the delegate would be elected by a majority
of votes cast in a subsequent general election. CBO estimates
that implementing H.R. 2010 would have no impact on the federal
budget. The legislation would not affect direct spending or
revenues.
Section 4 of the Unfunded Mandates Reform Act excludes from
the application of that act any legislative provisions that
enforce the constitutional rights of individuals. CBO has
determined that H.R. 2010 would fall within that exclusion
because it would protect the voting rights of absentee voters,
including members of the armed forces. Therefore, CBO has not
reviewed the bill for mandates.
The CBO staff contacts for this estimates are Matthew
Pickford (for federal costs) and Marjorie Miller (for the state
and local impact). This estimate was approved by Robert A.
Sunshine, Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ACT OF OCTOBER 31, 1978
(Public Law 95-556)
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.
* * * * * * *
Sec. 2. (a) The Delegate shall be elected by the people
qualified to vote for the popularly elected officials of the
Territory of American Samoa at the general Federal election of
1980, and thereafter at such general election every second year
thereafter. The Delegate shall be elected at large, by separate
ballot, and by a [majority] plurality of the votes cast for the
office of Delegate. [If no candidate receives such majority, on
the fourteenth day following such election a runoff election
shall be held between the candidates receiving the highest and
the second highest number of votes cast for the office of
Delegate.] In case of a permanent vacancy in the office of
Delegate, by reason of death, resignation, or permanent
disability, the office of Delegate shall remain vacant until a
successor shall have been elected and qualified.
* * * * * * *
(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.
* * * * * * *