Distribution of free food — including barbecue plates — and presentation of money or any thing of value prior to, and on election day, will be illegal under proposed amendments to local election laws from the Lolo Administration.

Such practices have long been part of election fever in American Samoa and there were discussions several years ago in the Fono about banning this tradition, which some have said may influence the outcome of elections. However, nothing came of those discussions.

One of the most noticeable displays of free food distribution occurs on election day, just yards away from polling stations.

Lt. Gov. Lemanu Peleti Mauga, who is also acting governor, this week submitted to the Fono proposed amendments to the election law in preparation for the November 2014 General Election.

Specifically, in order to protect the territory’s compelling interest to hold orderly and fair elections, the proposed legislation clarifies as unlawful certain ongoing practices leading up to and taking place on the day of an election, Lemanu wrote to the Fono leaders.

For example, he said the practice of distributing free food, including but not limited to barbecue plates, on election day may “unfairly influence electors in the exercise of the franchise, and when conducted near locations where voting is taking place, tends to disrupt the flow of voting activities at such location,” he said.

In addition, while it may be Samoan custom for candidates to make presentations of money or items of value to their families or village councils, the same may unfairly influence electors and is contrary to the law, he said.

“In fact, the High Court has declared such presentations unlawful when made to influence the ballot,” he said and cited the 1994 Mau Mau Jr., vs. Fuimaono court case.

Under the proposed amendment, distribution of free food is a Class A Misdemeanor — punishable by one year in jail, $1,000 fine or both; while customary presentations of money or items of value is election fraud (which already has penalties cited in current law).

The 1994 case stems from an election challenge filed in court by then candidate Mau Mau Jr., against then chief election officer Soliai Tuipine Fuimaono to invalidate the results of the election for House District #6.  The court sided with Mau, and called for a new election.

Mau’s attorney at the time, former Attorney General Tautai Aviata Fa’alevao said, the “court’s decision in this case, especially in addressing the question of election fraud, is certainly sending out a strong and serious message on the matter of campaigning. According to the court’s holding, giving out money or other items of value to village councils under the guise of being done in “accordance with Samoan customs” during the campaign is a violation of election law.

OTHER PROPOSED AMENDMENTS

Another amendment proposed by the administration includes providing for a run-off in case of a tie vote between two or more candidates, when there is at least one additional candidate not involved in the tie, Lemanu explained.

“When there is no other candidate except those involved in the tie, the tie shall be decided by lot,” Lemanu wrote.

Currently, local law (ASCA 6.0901) states that in case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by lot, under the supervision of the Chief Election Officer.

“When an election is decided by lot, the candidates may agree in a signed statement to the use of a lot. If the candidates agree, they shall be bound by the lot and shall not bring an election contest... after the drawing of the lot,” it says. “Each candidate shall be present at the drawing of the lot together with two witnesses to be selected by him.”

In closing Lemanu says that due to the urgent need to provide for the upcoming general election, the proposed amendments will become effective upon passage by the Fono and approval by the governor.

Specific details of the proposal will be put into bill form for introduction in both the Senate and House. However, with only three days left in the current session, it’s unclear as to whether the bill will be introduced in the Fono or wait til the next sitting in July — unless the governor calls a special session in the interim.