A proposed amendment to the current election law for candidates in the local House of Representatives and Congressional races has been described by Attorney General Talauega Eleasalo Ale as “too broad”, saying that current statutes are sufficient to address any concerns over candidates with a felony conviction seeking public office.

A provision under the local election law, pertaining to nomination of candidates for the local House of Representatives and the Delegates to the US House, states that the chief election officer shall determine whether the nominated candidates are eligible for election.

However, a bill introduced Mar. 16 and sponsored by Rep. Faimealelei Anthony Allen, would require, the chief election officer to conduct “a thorough criminal background check” of candidates for the local House and Congressional races.

A brief summary of the bill states that it’s an “act mandating the chief election officer to conduct a criminal background check of all electors petitions for candidacy in the races for the [local] House of Representatives and the Delegate-at-Large” — amending one provision of local election law.

A petition nominates candidates for the local House and Congressional races, a form established by the chief election officer, according to another provision of local law.

And during a House Election Committee hearing late last week, committee chairman Rep. Vesi Fautanu Jr., noted that the petition form asked questions for candidates to answer “yes” or “no” and one of the questions is whether the person has been convicted of a felony.

Vesi claims that no candidate would mark “yes”, even if the person has a felony conviction. He said the House bill would give the chief election officer the authority to fully conduct criminal background checks of candidates to ensure no one elected to the local House has a criminal background.

However, Chief Election Officer, Dr. Lealofi Uiagalelei says current law is sufficient in protecting the election process including qualifications of candidates. He said that a review by his office of previous elections indicates that there hasn’t been any problem with the way the current election law stands.

In the hearing, Uiagalelei held up for all to see the petition form used in the 2016 election, in which there were 46 candidates for the local House race. One of the questions, he said is: “Have you been convicted of a felony?” and were all marked “no” and that’s as far as the authority of the Election Office has in determining eligibility of candidates.

If a candidate marks “yes”, which has not happened in past elections reviewed by the Election Office, Uiagalelei said his office will then take the next step, which includes verifying such information before certification of that candidate for office.

Additionally, there are current laws to deal with candidates who falsely claim on their candidate form of not being convicted of a felony.

Talauega agreed with Uiagalelei that there is sufficient protection provided by current law, to address concerns raised by lawmakers so that no one with a felony conviction takes up the post of House faipule. He said conducting a criminal background check is a very difficult task.

And if there is a challenge filed against the eligibility of a candidate, the chief election officer has the right to review it, says Talauega, who added that another provision of the law, also gives the public the right to challenge the eligibility of a candidate, if any member of the public believes that a candidate has a criminal background with a felony conviction.

He says the member of the public can report such claims to the Election Office, which then conducts a further review into the truthfulness of such claims. Additionally, another candidate — running for the same House district — can also challenge his/ her opponent’s candidacy by filing a challenge with the Election Office. 

Furthermore, a candidate who provides false claims in the petition form commits a felony crime, under current law, according to Talauega, who reminded lawmakers that under the current statue a person convicted of a felony cannot work in the ASG workforce.

As far as the he is concerned, Talauega said, the current law is sufficient as is, unless lawmakers are aware of a faipule, who has taken up the post in the House, while the individual has committed a felony.

Faimealelei said he’s not questioning any provision of current law. “What I’m trying to do here is another extension” giving the election office another authority to review candidates seeking a faipule post.

 “Does it do any harm” if the bill is enacted into law? Faimalelelei asked, and reiterated the importance of protecting the integrity of the House when it comes to candidates who are elected to take up the job of a faipule.

Rep. Vailoata Eteuati Amituana’i followed up on Faimealelei’s question and asked Talauega for a reply if there is “any harm” to the public if the House bill is enacted into law.

First, it’s costly to carryout criminal background, said Talauega, adding second, the language of the amendment “is too broad” on criminal background checks.

He then said, if the proposed amendment becomes law, the next question is: Would “this be public information?” — the report gathered from the review by the election office.

Talauega stated no one with a felony conviction will run for office and that’s a “guarantee”.

The AG then appeared to suggest changes to be made to the House bill — including that the election office conduct a probe to “confirm” whether a candidate has a felony conviction and a provision that deals with “confidentiality of such information” after the election office review, to protect the candidate’s privacy.

Following the hearing, which lasted just over an hour, the committee opted to hold further discussions on the measure.

Samoa News points out people charged and convicted in federal court have their records available on federal electronic court records. Many state courts also have such information online.