[Senate Report 108-377]
[From the U.S. Government Publishing Office]
Calendar No. 736
108th Congress Report
SENATE
2d Session 108-377
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AMERICAN SAMOA DELEGATE PLURALITY VOTE
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September 28, 2004.--Ordered to be printed
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Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2010]
The Committee on Energy and Natural Resources, to which was
referred the Act (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, reports favorably thereon without amendment and
recommends that the Act do pass.
Purpose
The purpose of H.R. 2010, as ordered reported, 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
In 1978, Congress created the position of a non-voting
Delegate to represent the Territory of American Samoa in the
U.S. House of Representatives (Public Law 95-556). Pursuant to
such law, the American Samoa Delegate is elected to office at
large, by separate ballot, and by a majority vote. If no
candidate receives a majority of the votes cast, a runoff
election is held between the two candidates receiving the
highest number of votes. Any such runoff takes place two weeks
following the election.
The bill's sponsor, the current American Samoa Delegate,
maintains that the two-week period between the general election
and runoff for the Delegate office 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. According to the findings section of H.R. 2010,
overseas voters who rely on absentee ballots are
disenfranchised because the Federal postal service does not
operate daily in American Samoa. Instead, postal service to
American Samoa is dependent upon commercial air service
originating in Hawaii and is delivered only twice a week. This
situation has proven problematic in sending and receiving
absentee ballots, in a timely manner, during the 14-day runoff
election period.
H.R. 2010 would provide for the election of the American
Samoa Delegate to the U.S. House of Representatives by
plurality. The bill also authorizes the legislature of American
Samoa (the Fono) to provide for primary elections for the
Delegate race. If such primary elections are established by the
Fono, H.R. 2010 requires the Delegate to be elected by a
majority of votes cast in any subsequent general election.
Legislative History
H.R. 2010 was introduced by Representative Faleomavaega (D-
AS) on May 7, 2003, and referred to the House Committee on
Resources. The Resources Committee conducted a hearing on H.R.
2010 on October 29, 2003, and favorably reported (H. Rept. 108-
515) the bill on June 1, 2004. The House passed H.R. 2010 on
June 14, 2004. The bill was received in the Senate on June 15,
2004, and referred to the Committee on Energy and Natural
Resources. A hearing before the Subcommittee on Public Lands
and Forests was conducted on July 14, 2004. The Energy and
Natural Resources Committee, on September 15, 2004, by a
unanimous vote of a quorum present, favorably reported H.R.
2010.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on September 15, 2004, by a unanimous
voice vote of a quorum present, recommends that the Senate pass
H.R. 2010 without amendment.
Section-by-Section Analysis
Section 1 lists Congressional findings.
Section 2 amends Public Law 95-556 to provide for election
of the Delegate by plurality. This section also authorizes the
legislature of American Samoa to establish a primary election
for the Delegate office and specifies that if such primary is
established, then the Delegate shall be elected by a majority
of votes cast in any subsequent general election.
Section 3 establishes the effective date for the plurality
election system as January 1, 2006. This section also sets
forth the effective date for the Fono's ability to establish a
primary as January 1, 2005.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
H.R. 2010--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
H.R. 2010 would amend Public Law 95-556, which provides the
Territory of American Samoa with a nonvoting delegate to the
U.S. House of Representatives. Specifically, the legislation
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 election 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 location. 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.
On May 21, 2004, CBO transmitted a cost estimate for H.R.
2010, as passed by the House Committee on Resources on May 5,
2004. The two versions of the legislation are identical, as are
the cost estimates.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs) and Marjorie Miller (for the state
and local impact). This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 2010. The Act is not a regulatory measure in
the sense of imposing government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 2010.
Executive Communications
On July 9, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget
settingforth executive views on H.R. 2010. These reports had not been
received at the time the report on H.R. 2010 was filed. The testimony
provided by the Department of the Interior at the Subcommittee hearing
follows:
Statement of David B. Cohen, Deputy Assistant Secretary of the Interior
for Insular Affairs
Current law provides that the Delegate to the House of
Representatives from American Samoa shall be elected by
majority vote. Under current practice, a runoff is conducted
two weeks after the general election in November of each even
numbered year if no candidate for Delegate receives a majority
in the general election. The result is that members of the
armed services and other voters overseas may be disenfranchised
in the runoff election due to transportation and communication
difficulties that delay the return of runoff ballots in time
for counting.
H.R. 2010 would establish a flexible system for ensuring
that the votes of American Samoans, who are overseas, are
counted. In the first instance, H.R. 2010 would substitute a
plurality of votes for election of Delegate for the currently
required majority. If, however, the members of the American
Samoa Fono, or legislature, believe that a majority vote is
preferable, H.R. 2010 would authorize the Fono to establish a
primary election prior to the November balloting.
The issues raised in this bill are clearly within
Congress's authority to determine, given American Samoa's
special status as a U.S. territory. However, we note that,
subject to certain limitations, the citizens of the various
states are generally given the latitude to establish, through
their elected representatives, the policies that govern
elections for Federal officials who will represent the people
of those states.
We recognize that in the special case of American Samoa,
this is a matter for Congress to decide. The wishes of the
people of American Samoa, however, should be given the same
deference that the wishes of the citizens of a state would be
given under analogous circumstances. We respectfully suggest,
therefore, that the Congress note the positions of recognized
leaders of the territory, in order to discern the preferences
of the people of American Samoa. If the Congress finds that
this bill is a reasonable reflection of the wishes of the
people of American Samoa, the Administration would have no
objection to its enactment. We would like to stress, however,
that to the extent that deficiencies in the current system may
result in the disenfranchisement of absentee voters, including
the many men and women from American Samoa who serve honorably
in our armed forces, we would urge Congress to correct any such
deficiencies as soon as possible.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R. 2010, as ordered 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.
* * * * * * *