Pago Pago, AMERICAN SAMOA — Acting Election Commissioner Dr. Uiagalelei Lealofi struggled with questions posed by senators when he appeared before the Senate Rules Committee last Friday morning for his confirmation hearing. In the end, his confirmation was put on hold by the Senate, asking that he make available his contract signed with the previous administration for perusal.

Senate President Tuaolo Manaia Fruean asked if he had considered a voting process for the Swains Island faipule now that the delegate has been granted voting rights in the Fono, and inquired about the current status of his contract with the previous administration.

Uiagalelei struggled with lengthy explanations, telling senators that there were many aspects of the two issues that were not clear (le manino) and confusing (numi).

He stated that the law stipulates that the Election Office is responsible for implementing a voting process for Swains Island, which requires staff members to travel to the island to implement and monitor the process.

However, as no one currently resides on Swains Island, he has been notified that the voting process will be carried out at the Elections Office, although he noted that this is not mentioned in the law.

Uiagalelei said his management and legal advisor have recommended that he seek a solution for this issue at a higher level. However, he emphasized that the Election Office's responsibilities and duties mandated by law cannot be carried out because there is no one residing on Swains Island.

Tuaolo clarified that his question was about what kind of voting process would be implemented for the Swains delegate. He asked if it would be similar to the voting process adopted by all other districts, where voters are registered to cast their votes on election day.

The Senate president noted that the representative for Swains Island was previously selected by consensus of Swains constituents. However, now that the Swains delegate has been given the right to vote in the House of Representatives, he should also be selected by popular vote like other representatives.

The Acting Election Commissioner replied that the law is not clear on this matter and that they need guidance from the Fono. He stated that the law clearly requires candidates to reside in the district where they are running, and they are uncertain about what kind of voting process should be adopted in this case.

The Senate President then asked Uiagalelei if he had resigned. Uiagalelei responded that he had not resigned and had been appointed by Governor Pulaali’i N. Pula for another term as Chief Elections Officer, pending Fono approval.

Tuaolo clarified that he was asking if Uiagalelei had resigned at the end of the previous administration. He mentioned that he had a list of the payout amounts given to former cabinet members when the previous administration ended. Tuaolo explained that these political payouts were given because the members had resigned, and he again asked Uiagalelei if he had resigned.

The Acting Election Commissioner stated that his understanding was that his contract from the previous administration does not expire until January 2026, and his appointment by Governor Pulaali’i provided him with a new term as Election Commissioner effective February 7th. However, he noted that his name was on the list of directors who must resign at the end of the previous administration.

Tuaolo pressed further, asking if Uiagalelei had received a political payout like other cabinet members. Uiagalelei said he had received $17,000 for unused leave.

Senate President Tuaolo explained that the reason cabinet members receive political payouts, including payments for unused leave, is because they have resigned from their posts. However, Uiagalelei was claiming that he had not resigned but had still received payment for unused leave.

Uiagalelei apologized, stating that he was also confused and completely in the dark about what was happening.

Senator Togiola T.A. Tulafono asked about the status of Uiagalelei's contract with the previous administration and whether Governor Pulaali’i had terminated it.

Uiagalelei did not provide a yes or no answer. He said that, in his discussion with Governor Pulaali’i, he was being appointed to a new term under the current administration.

Togiola also asked if Uiagalelei had agreed to the termination of his contract, pointing out that if the contract had been terminated without his approval or without cause, then the government was liable to pay him for the remainder of his contract.

Senator Togiola explained that the position of Election Commissioner is different from other cabinet positions because it requires independence and freedom from political influence, as the individual runs and monitors national elections.

He argued that Uiagalelei's original contract with the previous administration had not expired. However, the new administration had appointed him to another term. Togiola said this situation did not look good as it undermined the position's independence and freedom from political influence.

He emphasized that the Office of the Election Commissioner must maintain its independence. Togiola asked Uiagalelei for the final time if the governor had terminated his contract, which expires in 2026.

Again, Uiagalelei did not give a yes or no answer. Instead, he stated that according to his discussion with the governor, he had been appointed to another term, which is why he had appeared before the Senate for confirmation.

Togiola expressed dissatisfaction with Uiagalelei's answer and stated that under contractual laws, the government was liable to pay the remainder of Uiagalelei's original contract if it had been terminated without his approval.

"So the Senate cannot confirm you because of the conflict of interest involved," Togiola said. "You have the original contract, which expires in 2026, terminated by the power vested in the governor on one hand, and a new term, which is a political appointment for which you seek our endorsement, on the other hand."

Togiola stated that the Senate cannot vote for Uiagalelei's confirmation without evidence that the original contract had expired.

Uiagalelei said that at present, he is not receiving any pay, and it appears that the original contract has expired, with the governor appointing him to another term effective February 7th when he signed the papers.

Senator Togiola requested that Uiagalelei provide a copy of the contract he signed with the previous administration and moved a motion to excuse the nominee.

Senator Tuana'itau Malaki Togiola supported Tuaolo's statement about the need to establish a voting process for the Swains delegate. He said that as a part Swains Islander, he and other Swains descendants select the Swains delegate and get to vote in other districts.

The chairman of the Senate Rules Committee, Senator Magalei Logovii, asked Uiagalelei to provide a copy of his previous contract for the Senate's perusal before he is summoned again.

According to the law, 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 for three years commencing on the date of confirmation.