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Bill calls for mandatory criminal background checks for candidates

Rendering of proposed new Fono Building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The House of Representatives last week approved a bill sponsored by Rep. Faimealelei Anthony Fu’e Allen that mandates the Chief Election Officer to conduct criminal background checks for all candidates petitioning for Governor, Lt. Governor, the House of Representatives, and Delegate-at-Large.

When first introduced, the bill only pertained to candidates for the local House of Representatives and Delegate to Congress; but during second reading last Tuesday, suggestions were made to include candidates for Governor and Lt. Governor, as they are also elected public officials.

According to the bill, the Chief Election Officer shall determine whether the nominated candidates are eligible for election, by conducting a thorough criminal background check.

Faimealelei noted that if a candidate simply answers "no" to the question on the nominating petition — whether he or she has been convicted of a felony — the Election Office does not carry out any further investigation.

But he pointed out that there have been cases in the past where people who have committed crimes outside of American Samoa have been elected and occupied seats in the House. He did not identify who these people are.

Faimealelei said the only way to prevent the problem from reoccurring is by passing this bill.

Other members of the House referred to testimony by the Chief Election Officer in a past hearing, that there’s already a provision in current law to challenge any candidate who may not be fit to run. And even after the elections, the law allows challenges to be filed in court.

The House bill was introduced in the Senate last Thursday for first reading and it's now assigned to the Senate Election Committee.