Following a committee debate yesterday, the House Ways and Means Committee agreed to present to the full House for its decision, a measure giving the Swains Island Delegate full voting rights on the House floor.

Currently, the Swains Island Delegate — who is selected during an open-meeting of adult U.S. nationals from Swains — can only vote in committee but not when a measure is presented to the floor for a vote. (This is identical to the situation with American Samoa’s Delegate to the U.S. House of Representatives.)

The measure (HJR 33-2), which committee chairman House Vice Speaker Talia Fa’afetai Iaulualo says will be on today’s House calendar for a floor vote, seeks to amend the constitution, and the sponsor of the measure, Swains Island Del. Su’a Alexander Eli Jennings, is hoping for endorsement by the Fono so it will be placed on the ballot for the Nov. 4 general election.

Prior to yesterday’s committee debate, Su’a wrote a letter early this week to Talia requesting that HJR 33-2  be presented to the full House for a vote because the committee had already held in March this year a hearing, where lawmakers heard testimonies from Secretary of Samoan Affairs, Satele Galu Satele Sr., Attorney General Talauega Eleasalo Ale, and Legislative Counsel Henry Kappel - who all support the proposal.

Su’a reminded Talia that all three witnesses had testified that this was “long overdue”, saying that following these testimonies, there are “no traditional or legal grounds to deny the Swains Island Delegate the right to vote” in the House.

However, he said the matter was referred back to committee for further deliberations over the same concerns that were presented to the witnesses during the hearing. He said the “greatest opposition” from committee members is the selection of the Swains Island Delegate, rather than being voted in by popular vote like the rest of the House membership. Another issue which came up was the lack of residents on Swains Island.

Su’a argued that all these concerns were addressed with the witnesses during the hearing, but again it was decided to keep the measure in committee for further deliberation, despite the fact that no new evidence was introduce. It was suggested for Su’a to provide to the committee a written statement, which is now been submitted for the record, the letter says.

Su’a then provided background and historical information on Swains Island, its relationship to American Samoa and the United States, based on Congressional records, U.S. Department of Interior testimony, and other information such as provisions of the American Samoa constitution and local statutes.

And based on these records, Su’a stated that Swains Island is a U.S. territory that was made a part of American Samoa through a Joint Resolution of Congress. Therefore Swains Island is not a territory of American Samoa, but is equal to Tutuila, Aunu’u and Manu’a according to the U.S. Department of Interior, he contends.

Su’a argued that the selection of the Swains Island Delegate to the House “protects the lands, customs, and traditional family organization of Swains Island under Article I Section 3 Protective Legislation” of the local Constitution.

“As such, granting the Swains Island Delegate the right vote does not violate the Constitution. However, denying that Delegate the right to vote may very well violate Article I Section 16 [of the Constitution] Unspecified rights, privileges and immunities, by enforcing a law that abridge the privileges and immunities of citizens of American Samoa,” he said.

And  this “logic is consistent with the testimonies” of Satele, Talauega and Kappel, he said, asked that the measure be presented to the floor for a vote, allowing House members to “utilize the greatest tool of a free society, the expression of their decision with the right to vote.”

Copy of Su’a letter was send to all Fono members, the governor, lieutenant governor, Congressman Faleomavaega Eni, Kappel, Satele and Talauega.

COMMITTEE DEBATE

During yesterday’s committee debate, Talia pointed out that each House member has received a copy of Su’a letter, which is also the statement, that further address any issues that were of previous concerns to lawmakers.

Lawmakers in attendance all agreed that this is an important measure because it seeks to amend the constitution and also agreed that the measure be presented to the floor for a vote. Rep. Toeaina Faufano Autele reminded his colleagues that “our government” is not made up only Tutuila and Manu’a — as cited in public speeches — but it includes also includes Swains.