American Samoa

Elections Code of American Samoa (1977, amended 2010)

Updated: June 2015

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Section 6.0211 states:

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.

 

Excerpt from the Elections Code of American Samoa (1977, last amended 2010)

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Section 6.0103.1 states:

(b) The term of the first appointed Chief Election Officer shall be four years, commencing on the date of confirmation by the Legislature. All subsequent terms shall be three years, commencing on the date of confirmation. If the Chief Election Officer vacates or for any reason is incapable of performing the duties of the office, the Deputy Chief Election Officer shall be the Acting Chief Election Officer. In no case may the Deputy Chief Election Officer serve as Acting Chief Election Officer for more than 180 days, whether consecutive or not, within one year from the first day served as Acting Chief Election Officer…

(d) The Chief Election Officer may be removed from office by the Governor, only upon showing of one or more of the following causes: conviction of a felony or misdemeanor; mental or physical incapacity; gross mismanagement; or grossly unethical conduct. The Chief Election Officer is entitled to the same notice and hearing procedures provided for other government employees…

 

Section 6.0221 states:

(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 to vote, of any person registered to vote, or who he has reason to believe may be registered to vote therein, he shall thereupon make an investigation as he considers necessary to prove or disprove the information, giving the person concerned, if available, notice and an opportunity to be heard. If after the investigation he finds that the person is dead, or non compos mentis, or has lost his voting rights, or has lost his citizen- ship or national status, or is disqualified for any other reason to vote, he shall remove the name of the person from the register.

(b) The election officer shall make and keep an index of all information furnished to him under any requirements of law concerning any of the matters in this section. Whenever any person applies to register as a qualified elector, the election officer shall, before registering the person, consult the index for the purpose of ascertaining whether or not the person is in any manner disqualified to vote. Persons whose names are removed from the register of qualified electors under this section may appeal to the High Court and proceedings shall be had upon the appeal as in other appeals.

 

Section 6.0402, subsection (c) states:

In case of inability, failure, or refusal of any person so assigned to serve as a district official, the Chief Election Officer shall appoint a person from the pool of qualified district officials to fill the vacancy.

 

Section 6.0702 states:

If a qualified elector is manifestly physically disabled, the qualified elector may be assisted by anyone through the area specified…

 

Section 6.0709 states:

(a) Any qualified elector who, by reason of illiteracy or blindness or other physical disability, is unable to mark his ballot, shall, if he so requests, receive the assistance of 2 district officials or of any qualified elector whom he may designate, in the marking thereof. Before rendering assistance or permitting assistance to be rendered, the district officials shall be satisfied that the physical disability exists. If a qualified elector with a physical disability finds it unduly burdensome for him to enter the polling place, he may be handed a ballot outside the polling place but within 100 feet thereof by the district officials and in their presence, but in a secret manner, mark and return it to the district officials.

(b) The district officials shall enter in writing in the record book the following:

  • (1) the qualified elector’s name;
  • (2) the fact that the qualified elector cannot read the names on the ballot, if that is the reason for requiring assistance, and otherwise, the specific physical disability which requires him to receive assistance; and
  • (3) the name or names of the person or persons furnishing the assistance.

 

Excerpts from the Elections Code of American Samoa (1977, last amended 2010)

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Section 6.0214, subsection (c) states:

If the election officer is satisfied that the applicant is entitled to be registered as a voter, the applicant shall then affix his signature to the affidavit and the election officer shall affix his signature; or he shall enter “unable to sign” and the reason in the space for the applicant’s signature. A qualified elector having once been registered shall not be required to register again for any succeeding election, except as hereafter provided. The affidavits so approved or accepted by the election officer shall thereupon be numbered appropriately; filed by the election officer and kept in some convenient place so as to be open to public inspection and examination.

 

Section 6.0702 states:

If a qualified elector is manifestly physically disabled, the qualified elector may be assisted by anyone through the area specified.

 

Section 6.0706 states:

(a) Every person upon applying to vote shall sign his name in the poll book prepared for that purpose. This requirement may be waived by any district official if for reasons of illiteracy or blindness or other physical disability the qualified elector is unable to write. Every person shall provide identification if so requested by a district official.

(b) After signing the poll book and receiving his ballot, the qualified elector shall proceed to the voting booth to vote according to the voting system in use in his district. The district official may, and upon request shall, explain to the qualified elector the mode of voting.

 

Section 6.0709 states:

(a) Any qualified elector who, by reason of illiteracy or blindness or other physical disability, is unable to mark his ballot, shall, if he so requests, receive the assistance of 2 district officials or of any qualified elector whom he may designate, in the marking thereof. Before rendering assistance or permitting assistance to be rendered, the district officials shall be satisfied that the physical disability exists. If a qualified elector with a physical disability finds it unduly burdensome for him to enter the polling place, he may be handed a ballot outside the polling place but within 100 feet thereof by the district officials and in their presence, but in a secret manner, mark and return it to the district officials.

(b) The district officials shall enter in writing in the record book the following: (1) the qualified elector’s name; (2) the fact that the qualified elector cannot read the names on the ballot, if that is the reason for requiring assistance, and otherwise, the specific physical disability which requires him to receive assistance; and (3) the name or names of the person or persons furnishing the assistance.

 

Section 6.1101 states:

(b) Any qualified elector covered by this section [about absentee voting] shall be entitled and enabled to vote in a manner as may be prescribed by rules adopted by the Chief Election Officer; provided, that any qualified elector who by reason of physical disability is unable to mark his ballot shall be authorized to receive assistance in marking it.

(c) Any qualified elector competent to vote at any election shall be allowed to vote under this section if he falls in the following categories:…

  • (3) present in the Territory but absent from the district on election day because of:
    • (i) confinement in any hospital;
    • (ii) confinement in any public institution;
    • (iii) confinement at home because of illness or physical disability which will prevent him from attending the polls…

 

Excerpts from the Elections Code of American Samoa (1977, last amended 2010)

 


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Section 6.0103.1 states:

(b) The term of the first appointed Chief Election Officer shall be four years, commencing on the date of confirmation by the Legislature. All subsequent terms shall be three years, commencing on the date of confirmation. If the Chief Election Officer vacates or for any reason is incapable of performing the duties of the office, the Deputy Chief Election Officer shall be the Acting Chief Election Officer. In no case may the Deputy Chief Election Officer serve as Acting Chief Election Officer for more than 180 days, whether consecutive or not, within one year from the first day served as Acting Chief Election Officer…

(d) The Chief Election Officer may be removed from office by the Governor, only upon showing of one or more of the following causes: conviction of a felony or misdemeanor; mental or physical incapacity; gross mismanagement; or grossly unethical conduct. The Chief Election Officer is entitled to the same notice and hearing procedures provided for other government employees…

 

Section 6.0402, subsection (c) states:

In case of inability, failure, or refusal of any person so assigned to serve as a district official, the Chief Election Officer shall appoint a person from the pool of qualified district officials to fill the vacancy.

 

Excerpts from the Elections Code of American Samoa (1977, last amended 2010)