Elections

The requirement of Article II, § 4 of the Revised Constitution of American Samoa that senate elections must be “in accordance with Samoan custom” does not mean the counties must follow a particular Samoan custom of the county but, rather, indicates the Revised Constitution permits variation among the counties in the manner in which they conduct their Senate election meetings. Eseroma v. Fuimoano, 1 ASR3d 20 (1997).

The constitutional command that elections be “in accordance with Samoan custom” merely requires extensive sharing of ideas among county council members with regards to potential candidates, and a forging of a collective will as to who shall serve in the Senate. Eseroma v. Fuimoano, 1 ASR3d 20 (1997).

Just as an election is not tainted by consideration of extra nominees, the participation of non-council members is not a fatal flaw under Article II, § 4 of the Revised Constitution. Eseroma v. Fuimoano, 1 ASR3d 20 (1997).