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As of Jan. 31, Swains faipule still not able to vote In House

Faipule Suʻa Alex Jennings from the back being bypassed by house clerk
Freelance for Samoa News

Pago Pago, AMERICAN SAMOA — Despite an amendment passed in 2022 by the voters of American Sāmoa to allow the Swains Island constituency to vote in the House, Faipule Suʻa Alex Jennings has still not been able to vote in the recent confirmation hearings of Governor Pulaali’i Nikolao Pula’s cabinet appointments.

During Friday’s session to confirm Acting Department of Public Safety Commissioner Taʻaga Sāʻite Moliga, Suʻa stood up to introduce a motion to return the resolution confirming Taʻaga back to committee until the Speaker has been notified that Suʻa can vote.

His motion was denied, with the Speaker Of the House noting that the Governor has not officially notified the Fono of the passage of the five amendments passed in the 2022 referendum, including the one allowing the Swains faipule to participate in voting. 

For many years, the faipule from Swains Island has been restricted to voting only in committee. It was not until after the American Sāmoa Constitutional Convention in 2022 that voters passed an amendment to grant the Swains representative voting rights in the House.

The bill allowing for the amendments to become a part of the Constitution of American Sāmoa was signed by President Biden on January 4, 2025 after being passed by the US House in July and by the US Senate in December of last year. On January 16, 2025, Secretary of the Interior Deb Haaland signed a Decision Memorandum allowing for the implementation of the amendments.

There seems to be, however, confusion on just when the amendments go into effect.

Suʻa cited Article V, Section 4, of the American Sāmoa Constitution and posited that once the Secretary of Interior signs the bill, it becomes law and goes into effect.

The Swains faipule has stated that he has emailed the Governor, requesting that he either notify the Speaker that the amendments have passed or that he at least requests the Secretary of the Interior send the Speaker a copy of the memorandum signed two weeks ago.

Time, though, is of the essence, as confirmation hearings for the Governor’s acting directors are already under way and Suʻa has already missed out on the first two votes. 

“I’ve missed out on every vote and to me it’s a violation of my constitutional rights as a representative,” Su’a said. “They skip me every time and I’ve done that for 18 years. They skip me all the time.”

“For me, this another critical part of our work, confirming cabinet members of the Governor.”

“There may be some very close calls on these directors, and you’ve heard some backlash on a few, so, that’s when votes are going to be critical.”

Suʻa further stressed the importance of lawmakers upholding their oath to protecting the constitutions of the United States and of American Sāmoa and why he brought up the motion to inquire on his voting status.

“Once we pass it, it’s done. There’s no more chance to vote on it.”

For Suʻa, he wanted “to show the value of our Constitution,” by ensuring that amendments that have already been passed are implemented.

“Let’s respect our Constitution and send a message out that we going to hold up and put the Constitution into effect.”

When asked how he felt about the Speaker denying his motion, Suʻa shared his frustration: “It’s very, very humiliating, you know, but I have to do it. We don’t know how long this is going to take.” 

Suʻa spoke of some of the perceived inconsistencies in when he is allowed to vote, citing his ability to vote to amend the American Sāmoa Constitution in 2022, but not being able to cast votes in the current legislature. 

“I’m also a member of the Constitutional Convention, and I can vote in amending the Constitution.”

 “There’s absolutely no reason, legal or otherwise, why Swain’s Island wasn’t granted the right to vote in the beginning in 1960 when the Constitution was ratified.”

Suʻa emphasized the impact this has for his constituency, particularly not having a vote for 65 years.

“We’ve been ignored on funding, local and federal funding, we’ve been ignored on infrastructure and basic, essential services, only available to Tutuila and Manuʻa.

“We were not able to effectuate the protection of our rights, and the ultimate result is we were alienated, we were forced out of home, and Swains Island is sitting out there like this, and this [ability to vote in the House] is the starting process of trying to bring us back.”

Sua emphasized the impactful contributions Swains has made to American Sāmoa.

“The exclusive economic zone [of Swains] brings in one third of the [total] EEZ [of the Territory] that still feeds the canneries today. And yet we have absolutely no access to any incentives from the local and federal governments, because of our political status.” 

“Once we break this ice, I think we can do a whole lot more for Swains. I don’t know what the holdup is.”

When asked if legal action would be an option to be explored, Sua responded, “If that’s the only option left, and that’s not something I’m looking for, but why are we going through this?”