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Senate joint resolution seeks a constitutional amendment from governor to change voting qualifications

Senate chamber
andrew@samoanews.com

Pago Pago, AMERICAN SAMOA — A Senate Joint Resolution introduced on Wednesday calls for a constitutional amendment on the qualifications of electors, which will give individuals who have lived in American Samoa for more than 20 years a say in how the government is run by giving them the opportunity to vote in local elections.

The joint resolution was introduced by Senators Malaepule Saite Moliga and Ma’o Fa’auma S. Gogo and according to the Preamble, “it has been approximately 123 years for Tutuila and 119 years for Manu’a, since we signed our Deeds of Cession with the United States.

“Swains Islands joined the territory in 1925. Authority over American Samoa was placed with the US Navy until approximately 1951, 72 years ago. This same authority was then transferred to the Department of the Interior (DOI) in 1956, where it currently resides.

“Our constitution was adopted by our own people in 1967. It provided a framework, based on the United States Constitution upon which our people were able to govern themselves.

“In addition to all the rights and safeguards we installed in our constitution, we also put in qualifications required for those who would vote for our own local leaders however, it was to US Nationals only. The territory held its first ever elections in 1977.

“US Citizens can be US Nationals but not all US Nationals are US Citizens, thus the quandary we find ourselves in today. Our island territory has grown much in the 56 years since we adopted our constitution. Our people have migrated to the United States and farther out into the world.

“We have the highest per capita percentage of any state or territory who join the armed services. As we move out into the world, specifically in the US Military, we are becoming US Citizens. Our babies are now being born on US soil and becoming US Citizens. And as our citizens age and retire, much like the Samoan proverb of the tool bird that flies everywhere, only to come back to the waters it knows, our people are also moving back to the territory.

“Our constitution must reflect slight changes in our nationality status as more and more of our residents, born on US soil, are now US Citizens.

“Much like the United States, American Samoa has had much help from citizens of other countries who have married our local residents and helped our government over the years. These individuals who have lived in American Samoa for 20-plus years, should be allowed to vote in our local elections and have a say in how our government is run.

“They have invested as much, if not more, in our territory by marrying locally and raising their children here. They have filed taxes and helped to build our local infrastructure. It is time to recognize their service to our territory.”

The Senate Joint Resolution then amends Article II, Section 7 of the Constitution of American Samoa to read, “SECTION 7, QUALIFICATIONS OF ELECTORS: Every person of the age of 18 years or upwards who is a ‘United States citizen,’ a United States national, ‘or a Permanent Resident currently married to a US Citizen or US National and has paid taxes for twenty (20) years consistently to American Samoa’ and who has lived in American Samoa for a total of at least two years and has been a bona fide resident of the election district where he offers to vote for at least one year next preceding the election and who meets such registration requirements as may be prescribed by law shall be deemed a qualified elector at such election.

“No person under guardianship, non composition mantis, or insane shall be qualified to vote at any election; nor shall any person who has been convicted of a felony be qualified to vote at any election unless he has had his civil rights previously restored to him or unless he has maintained good behavior for 2 years following the date of his conviction or his release from prison whichever is the later.

It also “respectfully requests the Honorable Lemanu P. S. Mauga, Governor of American Samoa, to submit the amendments proposed by this joint resolution to the voters in the next general election in November 2024.”