Pago Pago, AMERICAN SAMOA — After the Senate was informed that adding the veto override referendum on the general election ballot for 2024 was not feasible, it seems the Senate will have its way.

Governor Lemanu P.S. Mauga last Friday sent a letter to Chief Election Officer Dr. Lealofi Uiagalelei in which he stated that “Pursuant to Article IV, Section 3 of the Revised Constitution of American Samoa, I am submitting the proposed amendment(s) found in the attached Senate Concurrent Resolution No. 38-2 to be submitted to the voters eligible to vote for members of the House of Representatives at the next general election.”

The concurrent resolution would change the constitutional provision that requires the Secretary of the Interior to decide on any bill that is vetoed by the Governor and reapproved by the Legislature by a 2/3rd vote of the membership of each chamber.

It states, “No later than 14 months after a bill has been vetoed by the Governor, it may be passed over his veto by a two-thirds majority of the entire membership of each House at any session of the Legislature, regular or special. A bill so repassed shall become law 90 days after the adjournment of the session, in which it was repassed.”

Presently the Constitution states: “Not later than 14 months after a bill has been vetoed by the Governor, it may be passed over his veto by a two-thirds majority of the entire membership of each House at any session of the Legislature, regular or special.

"A bill so repassed shall be presented to the Governor for his approval. If he does not approve it within 15 days, he shall send it together with his comment(s) thereon to the Secretary of the Interior. If the Secretary of the Interior approves it within 90 days after its receipt by him, it shall become a law; otherwise, it shall not.”

During a hearing of the Senate Judiciary Committee last week Monday, Chief Election Officer Dr. Lealofi Uiagalelei told senators that it was too late to include the veto override amendment for voters to vote on during the November 5th general elections.

He explained that the voting process was already underway and absentee voters have already cast their votes as dictated by law.

This was the explanation mentioned in the Governor's letter to Senate President Tuaolo Manaia Fruean on September 26 where he stated that "unfortunately, ballots for the November 2024 general election have been printed and absentee ballots are already being distributed and cast by voters eligible to do so. Adding the constitutional amendments to this current November 2024 general election is not possible."

However, the Senate was adamant that the proposed amendments be included in next month's general election. Senator Togiola T.A. Tulafono during the Senate Judiciary Committee hearing on the issue on Monday, went as far as to say that if the Chief Election Officer Uiagalelei Lealofi did not include the veto override amendments in the upcoming Nov. 5th general election, he would be doing so against the law.

Uiagalelei told Togiola during the hearing, when questioned, that he was following the governor’s decision, and noted that the Governor has the authority to make crucial decisions for the good of the people and the government of American Samoa.

"Do you know that your office is independent?" Senator Soliai Tuipine Fuimaono asked in reply to Uiagalelei’s remarks. "The Governor appoints you, but it's you who makes the decisions on matters pertaining to general elections. You do not answer to the Governor. You are not a member of his cabinet."

On that same day, President Tuaolo wrote to Governor Lemanu, saying that the Senate insists he follows the law and put the veto override referendum on the November 5th ballot.

He pointed out that the Chief Election Officer and attorney to the Election Office, Nathaniel Sotoa Savali, had testified at a Senate hearing on September 30 that there is no specific time frame for the Legislature to submit a proposed constitutional amendment for the ballot.

“Based on this, the Senate must insist you follow the law and put the veto override referendum on the November 5th ballot,” Tuaolo stated. “We suggest sending out just the veto override referendum portion of the ballot to those who have already voted.”

The veto override amendment has been on the ballot several times but has never passed.