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. Feresa, 1 A.S.R.3d 78 (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. Feresa, 1 A.S.R.3d 78
(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. Feresa, 1 A.S.R.3d 78
(1997).