Pago Pago, AMERICAN SAMOA — House Speaker Savali Talavou Ale explained to representatives during Tuesday’s session this week that there is absolutely “no provision” under the election law that allows local voters and candidates intending to run for public office who are stranded off island due to the coronavirus pandemic to vote absentee.

He reminded House representatives that the only way to allow these votes is to amend the election law by passing legislation that is then approved by the Governor.

“So if you want our voters stranded off island to vote in the upcoming election then amend the election law, but we can’t just discuss this issue by verbal argument because the statute is clear,” Savali told his colleagues.

Manu’a Rep. Vesi Talalelei Fautaunu Jr called for a hearing with the Election Commissioner to discuss the possibility of amending the law to allow voters unable to travel home — to cast absentee ballots. He said that the closing of the borders with Hawaii may disenfranchise many local voters who are stranded in Hawaii and the mainland.

Vesi said that many of those stranded off island traveled for medical appointments and have been wanting to come home but can’t because flights are suspended due to the coronavirus pandemic. Vesi said many of his supporters are in that predicament.

Rep. Gafatasi Afalava echoed Vesi’s statement.

He said that when he questioned the Election Office’s staff regarding the status of voters stranded off island, their explanation was that after consulting with the Election Office legal counsel and leadership team they have decided that it would be best to include registered voters currently off island in the absentee voter category during the closure of the borders.

According to Gafatasi, the response from the Election staff did not sit well with him and that’s why he supported another hearing with the Election Commissioner Dr. Lealofi Uiagalelei.

Gafatasi pointed out that one of the issues the Election office needs to verify before the election is the final voter roll. For his constituency, Gafatasi said that some of the names that are still on his constituency voters roll are people who had already left the island many years ago, while others are deceased.

He said that the Election office needs to clean the voter roll for each constituency before the election.

Rep. Faimealelei Anthony Fu’e Allen echoed Afalava’s statement and said that his constituency is also facing the same problem. According to Faimealelei, some of the names on his constituency voter roll were people who came to the territory for funerals or to visit families, but they're now unable to go back to Hawaii or the mainland due to the coronavirus pandemic.

He said that something needs to be done to clean up voter rolls of each constituency before the election.

Savali said that there are issues pertaining to the upcoming election that each representative needs to discuss one-on-one with the Election Commissioner, instead of addressing the chamber. For example he said one such issue is regarding names of people who are deceased or those who have moved off island but are still on the voter roll.

The House speaker advised each representative that if they wanted to make corrections to their constituency voter roll before the election they need to bring photo identification for each voter to identify those who are deceased or moved off island.

With regards to the issue that voters stranded off island will be able to vote absentee, Savali told members of the House that he did not receive any communication from the governor regarding the decision to include registered voters currently off island in the absentee voter category during the closure of the borders.

“We cannot and should not violate the statutes that guide our elections by adding a process that is not prescribed or proscribed by law,” Savali said, adding that the statute (6.1101 A.S.C.A) provides a list of qualified electors who can vote by absentee ballot. This does not include persons who are unable to return because of government action.

Savali assured the representatives that the Fono has the authority to amend the election law.

Vice Speaker of House Fetu Fetui Jr said that he heard on the news that authority has already been given to the election commissioner to allow local residents who are stranded off- island to vote absentee in the upcoming general elections.

“My advice is to allow only voters who are currently on island to vote,” Fetui said.

Savali replied that there was no authority given to the election commission to make such a decision. He said that if this is the case, then he fully supports the request for a hearing with the election commissioner.

Faimealelei agreed with Savali’s statement and said that it was during a Senate hearing last month where Senators advised the election commissioner that only the fono has the authority and power to amend the election law.

Savali added that there is no provision in the election statute that can allow local residents stranded off island to register as absentee voters.

Fetui Jr did not agree with Savali’s statement. He said that based on his own understanding of the election law, there is a provision to allow local residents stuck in Hawaii and the mainland to vote as absentee voters.

“These people are so dear and important to me. So I want them to vote,” Fetui Jr said.

Savali fired back and told him, “There is no provision in the statute to allow people stranded off island due to the coronavirus pandemic to vote.”

Fetui Jr did not rest. He told Savali that he heard on the radio the attorney for the election office quoting the provision of the statute that allows those stuck off island to vote.

“The statute stated that the governor can only made a decision to allow these people stranded off island to vote when our nation is under the emergency declaration,” Fetui Jr said, adding that American Samoa is under the emergency declaration due to the coronavirus pandemic.

Savali quickly moved to end the discussion with the vice speaker by saying that the matter is clear that there was no communication from the governor to confirm that local residents stuck off island can be allowed to vote.

BACKGROUND

The Election Office has confirmed that five gubernatorial teams have already pulled nominating petitions but only two have turned theirs in with the required number of signatures.

Based on previous stories the five teams, which have announced are Nua and Satele, Lemanu and Talauega, Iaulualo and Tapaau, Gaoteote and Faiivae and Fatumalala and Smith.

Candidates running for the 21 seats in the House of Representatives also have not been identified.

So far 66 potential candidates have taken out nomination papers for the House. 17 have submitted the petitions with the required voter signatures.

In the congressional race four have pulled their petitions and only one has filed their nominating petition with the Election Office. The four that have announced are Aumua Amata, Oreta Mapu Crichton, Supply Seau and Meleagi Suitonu Chapman.

September 1st is the deadline for all candidates to turn in their nominating petitions to the Election Office. Voter registration is continuing and will close on October 5, 2020. Total registered voters as of now is 15,588

The Election Office says those interested in working as poll workers on election day have until August 31st to apply. Applications are now available at the Election Office or at the Department of Human Resources.