There are now questions as to why a new election is needed to fill the seat for House District #6, Sua #2, left vacant following the death last month of incumbent Rep. Lemapu Suiaunoa Talo, who won re-election during the November general election.

Besides Lemapu, the only other candidate for the race was Matagi David Sialega Mauga, whom voters for the district believes should automatically be seated, because the re- House members didn’t take the oath of office for the new 34th Legislature until Jan. 3^rd, after Lemapu’s passing.

During the Senate confirmation hearing of local attorney Gwen Tauiliili-Langkilde, for judge pro tempore of the District Court, the election question was raised by Sen. Matautia Afonotele, whose constituents includes House District #6.

Matautia pointed out that some constituents of the district have questioned why there is a need for a new election and sought an explanation.

Tauiliili-Langkilde, who is also the legal counsel for the Election Office explained that the general election results have already been certified and that election is done and over with. Further, under the Constitution, if a vacancy occurs the governor is responsible for calling a special election to fill the vacant seat.

Tauiliili-Langkilde, following the Senate confirmation hearing, was unanimously confirmed in a 14-0 vote.

The Constitution states in part that the governor shall issue a “writ of election” to fill the vacancy, except when a vacancy occurs within three months of the next regular election, no special election is held and the governor appoints a qualified person after consulting with county chiefs in the House district.

This week, Samoa News received calls from three people, complaining that there is no need for another election especially since there had been only two candidates. When told about provision of the Constitution, one caller says the Election Office provided the same information, but she believes its wrong.

During the Jan. 3rd swearing in ceremony for the new House of Representatives, the Election Office presented certificates to each faipule certifying them as elected members following the general election. The certificates included one for Lemapu, which was presented to his family who were in the House gallery.