Several senators, who spoke during a Senate hearing on an administration bill, which would ban the distribution of food on election day, are in agreement that local elections have become costly to candidates and their families.

Government witnesses attending yesterday's hearing were Chief Election Officer Tuaolo M. Fruean, Election Office legal counsel Gwen Tauiliili-Langkilde and Deputy Attorney General Mitzie Jessop.

Tuaolo revealed in the hearing that the bill, which has four major amendments to current election laws, was drafted by the Election Office. He told senators that when he was appointed to the post, the governor had recommended that he find a way to reduce campaign costs for candidates during election.

TIE VOTE

One proposed amendment provides 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.

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.

Tuaolo explained that in a recent House election with three candidates, two of them were tied — and the tie was decided by lot. However, he said the third candidate had received 100 votes, and these 100 voters didn’t have a chance to decide in a run off election as to which candidate they would support.

(Samoa News should point out that under current law no run off is required in the Congressional or gubernatorial races. A run off is required by law if none of the gubernatorial teams received 50% plus one vote to win in the general election.)

According to the new bill, the tie shall be decided by a run off election held no later than 30-days after the general election.

FREE FOOD

Distribution of free food — including barbecue plates — has long been part of election fever in American Samoa. And on election day candidates have tents at villages where the polling stations are located, where free food is handed out to voters and non-voters alike.

However, the bill describes such action as a campaign activity which would therefore be prohibited.

Tuaolo acknowledged that tents where free food is distributed on election day is a common practice but that this has also prevented some people from going to the polls, so they could avoid having to pass by the gauntlet of food distribution tents.

Under this proposed amendment, Tuaolo said voters would be given a choice to go to vote on their own and decide for the candidate they feel should be elected without having to deal with the tents giving out free food.

Several senators agreed, saying this practice has also made it costly for candidates running for office.

Sen. Soliai Tuipine Fuimaono, a former chief election officer, added that it's important to protect the integrity of the election process, and such practices should be eliminated to ensure there is no hint of trying to influence voters.

Gov. Lolo Matalasi Moliga has said that 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.”

ELECTION FRAUD AND SAMOAN CUSTOMS

Current law provides for actions which are considered election fraud, such as a person giving or lending money to a qualified voter. (ASCA 6.1203). The bill proposes adding this provision of the law: that even if the giving “is presented in accordance with Samoan customs” — that will still be considered election fraud.

Lolo had told the Fono that while it may be Samoan custom for candidates to make presentations of money or items of value to their families or village councils, this may unfairly influence electors and is contrary to the law.

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

Tauiliili-Langkilde explained briefly the court case, which was filed by Mau to invalidate the 1994 election results for House District #6, wherein the court sided with Mau. She said that the court considered Samoan sua presentations and gifts of value given by another candidate were in violation of election law.

Tuaolo added that under the bill, use of Samoan customs — with gifts and/or sua presentations — will be prohibited.

Soliai explained the challenge centered on the ‘fa’aaloaloga” or “sua presentations” at the village level which resulted in the case going to court. He also made it clear that local law allows individuals to make election contributions of up to $500 and corporations up to $2,000 to a candidate of their choice.

Sen. Mauga T. Asuega said he is concerned with this provision because it's infringing on  Samoan customs and therefore requires additional review by the Senate. He said there shouldn’t be too much of a rush to approve this provision until there is further clarification as to which “Samoan customs” are considered banned.

Sen. Magalei Logovi’i added that he believes the use of “Samoan customs” in the bill is too broad. For example, he said that when a candidates walks the village and something is given to an elderly voter, that is traditional Samoan custom and it's disrespectful if there is nothing given to an elderly person.

Senate President Gaoteote Tofau and two other senators pointed out that based on the court action in the Mau Mau Jr., case, the law is already in place but candidates over the years have not taken such matters — such as sua presentations or Samoan customs of gift giving — to court.

He also pointed out that Samoan gift presentation is part of the Samoan culture of showing respect, and it’s difficult to stop such a practice.

CONGRESSIONAL RACE

The final major amendment to the bill would have American Samoa comply with federal law, mandating a 45-day timeframe to deliver absentee ballots to uniformed service and overseas voters for the Congressional race. The Election Office is already in compliance with this federal mandate and the territory now needs to have it adopted into local election law.

At the end of the hearing, the committee noted that they will be making their own amendments, which should be revealed later this week.