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Rep. Maugaoali’i speaks out in “unofficial challenge’ letter

Withdrew formal challenge, but says the issues remain to be corrected going forward
fili@samoanews.com

Rep. Maugaoali’i Le’apai Sipa Anoa’i, who lost his bid for re-election by one-vote for the Fagatogo seat, has raised with the Election Office concerns pertaining to the election process and possible violation of local law, at the Fagatogo polling station.

Maugaoali’i told Samoa News that he hopes that the specific concerns would be taken seriously by the Election Office to protect the integrity of the election process as well as addressing the concerns to prevent them from happening again in future elections.

The incumbent, who was unseated by former faipule Vailiuama Steve Leasiolagi, outlined his concern to chief election officer Uiagalelei Dr. Lealofi Uiagalelei in a Nov. 14 letter, which was intended to be an “unofficial challenge” to the Nov. 8th general election results of Maoputasi #2 District #8 — Fagatogo.

“It is the intent of this letter to strongly dispute the results and the conduct by which the election process was conducted in District 8, on Election Day,” Maugaoali’i wrote in the letter that was delivered early afternoon on Nov. 15 with the deadline to contest election results, due by 4:30p.m the next day, Nov. 16.

However, Maugaoali’i said late last week that he decided, “to withdraw” the challenge and the decision were also communicated directly to Uiagalelei. While the challenge was withdrawn at the last minute, Maugaoali’i said there are still issues the election office and those enforcing the law must deal with and correct going forward.

“I just want to be clear on illegal activities that continue to happen every election year particularly in Fagatogo with no regards for the law and of course the total lack of enforcement,” he said over the weekend. “When is it going to stop [and] ironically it only happens in Fagatogo.”

Maugaoali’i went on to congratulate Vailiuama and wished the faipule well when the Fono convenes in January.

In his letter, which was copied to Attorney General Talauega Eleasalo Ale, the out-going faipule explained issues of concerns. For example, he said it was clear and witnessed by the election supervisor, officials, and members of the community, that one of the local House ballots was found in the Congressional box after the results were finalized.

With that one ballot the total count should be 486 not 485 respectively, he said.

Maugaoali’i also questioned the standard procedure that would qualify a purged voter to vote after the list was finalized for the 2016 voter roll. He claims that Uiagalelei had approved on the day of election two electors whose names were already purged from the voter roll.

“The approval of the two voters raises the question of standard policy and the integrity of the election process,” he pointed out.

Maugaoali’i also raised the issue of “continued practice of campaign activities in and around the polling place” that was “permitted all day by the election office officials.” He says tents erected, campaigning, loitering and sitting in nearby buildings adjacent to the polling place was evident throughout Election Day.

“This in it itself, is a clear violation” of provisions of local statutes, he said and cited those provisions:

•     No persons other than that of the district officials, the candidates or 1 representative appointed in writing by each candidate, and such qualified electors as are for the time being actually engaged in voting or going to and returning there-from, may be permitted within the polling place and that area surrounding the polling place reasonably calculate to preserve a natural, peaceful, and quite atmosphere for the balloting process.

•     No campaign activities... shall be allowed within the area of the polling station. Any other person, except those persons described above, who remains or loiters within the area immediately surrounding a polling place during the time appointed for voting, or who fails to vacate the polling place and area immediately surrounding in response to the lawful order of an election is guilty of a Class B Misdemeanor"

“These issues and countless other activities were publicly displayed at the polling place on the day of the election,” Maugaoali’i said. “The freedom of the elector to exercise his or her right to vote for the candidate of choice in a peaceful, natural, and a quiet atmosphere without interference from campaign activities was compromised.”

He also pointed out the importance of ensuring the “rights of the elector and the voting population are afforded due process and protected.”