Chapters:
02 Registration
06 Ballots
08 Vote Count
10 Expenses
17 Election Contributions
and Expenses
Chapter 01
GENERAL PROVISIONS
Sections:
6.0101 Short title and
application.
6.0102 Definitions.
6.0103 Repealed.
6.0103.1 Election office-Chief
Election Officer-Appointment-Removal-Budget.
6.0104 Chief Election
Officer-Duties.
6.0105 Applicability.
6.0106 Rules.
6.0107 Employees.
6.0108 Special elections.
6.0110 Time of elections.
6.0101 Short title and application.
Chapters 01 through 12 of this title shall be
known and may be cited as the “American Samoa Election Reform Act of 1977” and
is applicable to all special, general and runoff elections where issues are
presented or Territory-wide candidates, including but not limited to the
Governor and Lieutenant Governor and the Delegate-at-Large, and members of the
House of Representatives, are elected by secret popular ballot.
History: 1977, PL
15-42 § 1.
Case Notes:
Territorial election
statutes provide no right of appeal to board of registration from Chief
Election Officer's determination that a person is ineligible to run for
elective office. A.S.C.A. §§ 4.0101 et
seq., 6.0101 et seq. Siofele v.
Shimasaki, 9 A.S.R.2d 3.
6.0102 Definitions.
Whenever
used in chapters 01 through 12 of this title, the following words and phrases
shall, unless it is inconsistent with the context, be construed as follows:
(a) “Ballot”, including an absentee ballot, means
a written or printed, or partly written and partly printed paper or papers
containing the names of persons to be voted for, the office to be filled, and
the questions or issues to be voted on. A ballot may consist of one or more
cards or pieces of paper depending on the number of offices, candidates to be
elected thereto, questions or issues to be voted on, and the voting system in
use.
(b) “Candidate” means an individual who seeks
nomination for election, or election to any elective public office.
(c) “Chief Election Officer” means the head of the
election office or his designee.
(d) “County” means the counties of Sua, Vaifanua,
Saole, Ma’oputasi, Ta’u, Fitiuta, Faleasao, Olosega, Fofo, Itu’au, Ofu,
Tualatai, Leasina, Ma’upu and Lealataua.
(e) “District officials” means persons appointed
by the Chief Election Officer to serve the purposes of this title.
(f) “Districts” means the representative districts
established by law.
(g) “Election” means all elections, general,
special, or runoff unless otherwise specifically stated.
(h) “Election officials” or “officers” means
persons designated as officials by the Chief Election Officer to perform
functions under chapters 01 through 12 of this title.
(i) “Office” means an elective public office.
(j) “Qualified electors” means
persons duly registered to vote.
(k) "Special election” means any single
election required by constitutional provision or by law to be held to fill a
vacancy or to determine a special issue and includes the special election of
the Governor and Lieutenant Governor on 8 November 1977.
(l) “Voting system” means the use of paper
ballots or any system by which votes are cast and counted.
History: 1977, PL 15-42 § 1; 1980, PL 16-72 § 2; amd 2002,
PL 27-31.
Amendments: 1980
Subsection (b) added.
1985 Subsection (c): deleted Attorney General is set forth in section
6.0103” and added “head of the election office”.
6.0103 Chief Election
Officer-Responsibilities.
Repealed by PL 19-31 § 8.
6.0103.1 Election
office-Chief Election Officer-Appointment-Removal-Budget.
(a) There is established in the executive branch
of the American Samoa Government a permanent, independent election office. The
election office is headed by the Chief Election Officer, who shall be appointed
by the Governor and confirmed by the Legislature.
(b) The term of the first appointed Chief Election
Officer shall be four years, commencing on the date of confirmation by the
Legislature. All subsequent terms shall be three years, commencing on the date
of confirmation. If the Chief Election Officer vacates or for any reason is
incapable of performing the duties of the office, the Deputy Chief Election
Officer shall be the Acting Chief Election Officer. In no case may the Deputy
Chief Election Officer serve as Acting Chief Election Officer for more than 180
days, whether consecutive or not, within one year from the first day served as
Acting Chief Election Officer.
(c) The Chief Election Officer must be a person
experienced and competent in running an election and records management, and be
knowledgeable about election law.
(d) The Chief Election Officer may be removed from
office by the Governor, only upon showing of one or more of the following
causes: conviction of a felony or misdemeanor; mental or physical incapacity;
gross mismanagement; or grossly unethical conduct. The Chief Election Officer
is entitled to the same notice and hearing procedures provided for other
government employees
(e) The election office shall have its own budget
account and be included in the budget procedures of Title 10 A.S.C.A., provided
for other executive agencies.
History: 1985, PL
19-3 1 § 7.
6.0104 Chief Election
Officer-Duties.
(a) The Chief Election Officer shall administer
this title. He shall supervise all elections. He may delegate responsibilities
in elections to election officials or to other specified persons.
(b) The Chief Election Officer shall be responsible
for the maximization of registration of eligible electors throughout the
Territory. In maximizing registration, he shall make an effort to equalize
registration between districts, with particular effort in those districts in
which he determines registration is lower than desirable. In carrying out this
function, he may make surveys, carry on house-to-house canvassing, and assist
or direct the clerk in any other area of registration.
(c) The Chief Election Officer shall maintain and
keep all records and data concerning registered voters, elections,
apportionment and districting. He shall use the data to assist in any
reapportionment.
(d) No records of any kind may be removed from the
election office without the prior approval of the Chief Election Officer or the
Chief Election Officer’s designee.
History: 1977, PL 15-42 § 1; amd 1985, PL 19-31 § 2.
Amendments: 1985 Subsection (c): added and keep all records and”. Subsection (d) Added.
6.0105 Applicability.
Chapters
01 through 12 of this title shall apply to all elections, general, special or
runoff, held in the Territory, under all voting systems used within the
Territory, so far as applicable and not inconsistent herewith.
History: 1977, PL 15-42 § 1.
6.0106 Rules.
(a) The Chief Election Officer may adopt, amend,
and repeal rules under the Administrative Procedure Act, section 4.1001 et
seq., governing elections held under this title, election procedures, and the
selection, establishment, use, and operation of all voting systems now in use
or to be adopted in the Territory, and all other similar matters relating
thereto as in his judgment shall be necessary to carry out the purposes of this
title.
(b) In adopting, amending, and repealing rules for
qualified electors who cannot vote at the polls in person and all other
qualified electors, the Chief Election Officer shall provide for voting by
those persons in a manner as to insure secrecy of the ballot and to preclude
tampering with the ballots of these qualified electors and other election
frauds. The rules, when adopted in conformity with section 4.1001 et seq., have
the force and effect of law.
History: 1977, PL 15-42 § 1.
6.0107 Employees.
(a) The election office shall be staffed by no
less than one Deputy Chief Election Officer and one experienced secretary, both
selected by the Chief Election Officer, who shall be career service employees.
(b) The Chief Election Officer may employ district
officials and other temporary election employees as he may find necessary, none
of whom shall be subject to the career service or classification laws of the
Territory or be required to become members of the employees’ retirement
system.
History: 1977,
PL 15-42 § 1; amd 1985, PL 19-31 § 3.
Amendments: 1985
Subsection (a). added. Subsection (b):
Original material designated as subsection (b).
6.0108 Special elections.
(a) In case of permanent vacancy in the House of
Representatives, the Governor shall call for a special election to fill that
vacancy, the special election to occur within 60 days of the date the election
call is issued. However, if any vacancy occurs within 3 months of the next
regular election, no special election may be held and the Governor shall
appoint a qualified person to fill that vacancy. Prior to appointing the
person, the Governor shall consult with the county chief or county chiefs in
the representative district concerned. A person elected to fill a vacancy or
appointed by the Governor to fill a vacancy holds office during the remainder
of the term of his predecessor.
(b) In the case of permanent vacancy in the seat
of Delegate to the United States House of Representatives, the Governor shall
call for a special election to fill that vacancy, the special election to be
held within 90 days of the date the election call is issued. However, if any vacancy
occurs within 6 months of the next general election, no special election may
be held. Prior to appointing the person, the Governor shall consult with the
District Governors of the Eastern District, Western District and Manu’a. A
person elected to fill a vacancy or appointed by the Governor to fill a vacancy
holds office during the remainder of the term of his predecessor.
History: 1980, PL 16-72 § 3.
6.0110 Time of elections.
Elections
of members of the House of Representatives shall be held in each even-numbered
year beginning on the first Tuesday following the first Monday of November and
ending not later than 3 weeks thereafter.
History: 1962, PL 7-28.
Sections:
6.0201 Created—Appointment—Tenure.
6.0202 Compensation.
6.0203 Powers.
6.0210 Entitlement
to vote.
6.0211 Age requirement-Place of registering.
6.0212 Rules for
determining residency.
6.0213 General
Register.
6.0214 Application to register.
6.0215 Removal from register upon failure to vote-Reregistration.
6.0216 Registration from one district to another.
6.0217 Registration from one county to another.
6.0218 Keeping register current-Transfer of registration.
6.0219 Change of name-Transfer on election day.
6.0220 Changing
register-Correction of errors.
6.0221 Changing
register-Striking names of disqualified electors.
6.0222 Closing
register-List of qualified electors.
6.0223 Challenge
by qualified electors-Grounds-Procedure.
6.0224 Appeal to challenge ruling-Failure of election officer to act.
6.0225 Records of proceedings.
6.0230 Appeal from board to High Court.
6.0231 Hearing - Decision final.
6.0232 Notice of
decision - Correcting register.
6.0233 Status pending appeal.
6.0201 Created—Appointment—Tenure.
(a) There is created a Board of Registration. The
Board, which shall consist of 5 members, shall be appointed by the Governor by
and with the advice and consent of the Senate; and the term of office is 4
years.
(b) On election day, 1 member shall be designated
to sit in the Manu’a Islands to hear and rule on all appeals.
History: 1977, PL 15-42 § 1.
6.0202 Compensation.
The
members of the Board of Registration shall serve without compensation.
History: 1977, PL 15-42 § 1.
6.0203 Powers.
(a) The Board of Registration is given all of the
powers and authority for the summoning and examining of witnesses and the
maintenance of order, including the power to punish for contempt and award
witness fees.
(b) Every member of the Board of Registration may
administer oaths in all cases in which oaths are by law authorized.
History: 1977, PL 15-42 § 1.
6.0210 Entitlement to
vote.
A
person who registers as required by law shall be entitled to vote at any
election and to be listed upon the appropriate general register and district
list. The designated election officer shall be responsible for qualified
elector registration in the respective districts and the keeping of the general
register and district lists.
History: 1977, PL 15-42 § 1; 2002, PL 27-31.
6.0211 Age requirement—Place of registering.
Every
person who has reached the age of 18 years, or who will have reached that age
prior to the date of the next election, and is otherwise qualified to
register, may do so in the district in which he resides. No person may register
or vote in any other district than that in which he resides except as provided
in section 6.0220.
History: 1977, PL 15-42 § 1.
6.0212 Rules
for determining residency.
In
determining residency in the Territory, spouses may treat themselves separately
from one another. The following rules shall determine residency for Territory
and district purposes:
(a) The residency of a person is that place in
which his habitation is fixed, and to which, whenever he is absent, he has the
intention to return.
(b) A person does not gain residency in any
district into which he comes without the present intention of establishing his
permanent dwelling place within that district.
(c) If a person resides with his family in one
place, and does business in another, the former is his place of residence; but
any person having a family, who establishes his dwelling place other than with
his family, with the intention of remaining there shall be considered a
resident where he has established his dwelling place.
(d) The mere intention to acquire a new residence
without physical presence at that place does not establish residency, neither
does mere physical presence without the concurrent present intention to
establish that place as his residence.
(e) A person does not gain or lose a residency
solely by reason of his presence or absence while employed in the service of
the United States or of this Territory, or while a student of an institution of
learning, or while kept in an institution or asylum, or while confined in
prison.
(f) The status of a person’s primary matai
obligations is a factor in determining district residency. However, matai
obligations alone may not sustain a finding of district residency absent other
evidence which, in connection with evidence of matai obligations, is sufficient
to sustain the intent of this section.
(g) A person loses his residence in this
Territory if he votes in an election held elsewhere by absentee ballot or in
person.
(h) The term of residence is computed by including
the day on which the person’s residence commences and by excluding the day of
election.
(i) In case of question, final determination of
residence shall be made by the election officer subject to appeal to the board
of registration under sections 6.0201 through 6.0203, 6.0225, and 6.0230
through 6.0233.
History: 1977, PL 15-42 § 1;amd 1980, PL 16-72 § 4; amd 2002, PL 27-29.
Amendments: 1980 Amended
(list sentence to delete references to “wife” and husband”. added subsection
(f).
Case Notes:
Requires more than intention to establish
residency: must be physical presence at new place. Dole v. Attorney General,
ASR (1978).
Under statute providing that a person “does not
gain residency in a district without the present intention of establishing his
permanent dwelling place within that district, “voter who had moved from one
district to another eight years earlier upon inheriting a house, but (1) whose
family, church, and business were in the district of his former residence; (2)
who had continued to serve matai title and participate actively in aumaga
within district of former residence; 93) who had always voted in the former
district and never in the district wherein his house was located; and (4) who
in the two most recent elections had been a successful candidate for the
Legislature from the district of his former residence, had not established
residency in the new district by mere physical presence. A.S.C.A. § 6.0212. Scanlan v. Reed, 9 A.S.R.2d 54 (1988).
A voter who is physically present in a new place of residence, but fails to gain legal residence in that district because he lacks the intention of establishing his permanent dwelling place there, retains his previous legal residence and may vote there. ASCA § 6.0212. Scanlan v. Reed, 9 A.S.R.2d 54 (1988).
One who votes in a foreign
election thereby loses his legal residence in
One who loses his legal
residence in
6.0213 General register.
All
qualified electors shall be registered by district on the general district
register. The register
shall contain the information required by section 6.0214. The qualified
elector’s name shall be maintained alphabetically or numerically in the
register and be capable of segregation by representative district. The election
officer shall keep the original or photographic copy of the affidavit of
registration required by section 6.0214. The general register shall, at all
times during business hours, be open to public inspection, and is a public
record.
History: 1977, PL 15-42 § 1; amd 2002, PL 27-31.
6.0214 Application to
register.
(a) Except as provided in subsection (d), any
person qualified to and desiring to register as a qualified elector in any
district may present himself at any time during business hours to the election
officer then and there to be examined under oath as to his qualifications as a
qualified elector. All applicants desiring to register shall furnish the
election officer with identification duly issued by a governmental agency,
containing a photographic likeness of the applicant and shall make and
subscribe to an application in the form of an affidavit. The affidavit must
contain the following information:
(1) name;
(2) Social Security number, if any;
(3) date of
birth;
(4) age;
(5) residence;
(6) place of current employment, if any;
(7) that the residence stated in the affidavit is
not simply because of the person’s presence in the Territory but that the
residence was acquired with the intent to make American Samoa the person’s
legal residence with all the accompanying obligations therein; and
(8) that the person is a
(b) The applicant shall swear to the truth of the
allegations in his application before the election officer who is authorized to
administer oaths. Unless contested by a qualified elector, the election
officer may accept as prima facie evidence the allegation of the applicant in
information required in the affidavit in paragraph (a)(7). In any other case
where the election officer shall so desire or believe it to be expedient, he
may demand that the applicant furnish substantiating evidence to the
allegations of his application.
(c) If the election officer is satisfied that the
applicant is entitled to be registered as a voter, the applicant shall then
affix his signature to the affidavit and the election officer shall affix his
signature; or he shall enter “unable to sign” and the reason in the space for
the applicant’s signature. A qualified elector having once been registered
shall not be required to register again for any succeeding election, except as
hereafter provided. The affidavits so approved or accepted by the election
officer shall thereupon be numbered appropriately; filed by the election
officer and kept in some convenient place so as to be open to public inspection
and examination.
(d) Pursuant to the Uniformed and Overseas
Citizens Absentee Voting Act of 1986 (42 U.S.C. 1973ff et seq.), the foregoing
subsections (a) through (c) do not apply to a uniformed services voter and
overseas voter (as defined in the Uniformed and Overseas Citizens Absentee Voting
Act), desiring to register as a qualified elector in elections for the office
of Delegate to the U.S. House of Representatives. The Chief Election Officer shall establish
absentee registration and voting procedures to afford maximum access to the polls
by qualified absent uniformed services voters and overseas voters.
History: 1977, PL 15-42§ 1;
amd l980, PL 16-72 § 5; amd 2002, PL 27-31.
Amendments: 1980 Subsection (a): added requirement to furnish identification.
6.0215 Removal from
register upon failure to vote-Reregistration.
(a) The election officer shall, not later than
(b) Any qualified elector whose name has been
removed from the register may, at any time prior to the closing of the
register, as provided in section 6.0222, have his name restored in the register
by presenting himself to the election officer and reregistering under section
6.0214, or by making application by mail or otherwise under procedures
established by the Chief Election Officer. The election officer shall compare
the signature with the signature of the qualified elector as previously
registered, and if found by him not to be similar, he may require further
proof. The names of all these qualified electors shall be reentered in the
register.
History: 1977, PL 15-42 § 1; 2002, PL 27-31.
6.0216 Registration from
one district to another.
A
registered qualified elector who changes his residence from one district to
another shall notify the election officer and change his registration to the
proper district; provided, that no change of registration may be allowed or
required after the close of registration for an election.
History: 1977, PL 15-42 § 1.
6.0217 Registration from
one county to another.
Whenever
any person who has registered as a qualified elector in any county moves to and
desires to register in some other county, he shall apply to the election
officer. Thereupon, the election officer, if the person applying is legally
qualified to register, shall accept the registration.
History: 1977, PL
15-42 § 1.
6.0218 Keeping register
current-Transfer of registration.
(a) The election officer shall use all reliable
and pertinent information to keep the general register up to date. The election
officer may request information from, but is not limited to, the following
sources:
(1) the office of the Attorney General for any
change of name;
(2) courts for any changes of name, divorces,
separations, or other changes affecting qualified elector status;
(3) the record sources for marriages, deaths, or
other changes affecting qualified elector status;
(4) utility agencies concerning commencement or
changes of services; and
(5) apartments and condominiums as to change of
occupancy. In requesting the information the election officer shall give
reasonable notice and time for furnishing the information.
(b) If the election officer has evidence
indicating that a qualified elector’s registration should be transferred, then
not later than 4:30 p.m. on the 60th day prior to the election the election
officer shall notify the person by first-class mail and not later than 4:30
p.m. on the 3rd day thereafter publish in a newspaper or bulletin of general
circulation notice of intent to transfer registration. Notice by mail shall be
sent to the address shown on the current qualified elector list and any alleged
new address. The notifications shall include:
(1) any evidence that the election officer may
have indicating why a transfer or change should be made;
(2) the residence and district of the qualified
elector according to current registration lists;
(3) the alleged new address and district;
(4) a reply form which shall contain a space for
the qualified elector’s agreement or objection to the transfer and the reasons
for the objection;
(5) notice that unless the completed form is
returned not later than
(c) If no response is received by the clerk by
(d) If, on the basis of the evidence available,
the clerk has good reason to believe that the qualified elector does actually
reside at some address other than the one carried on the registration list, the
election officer shall transfer the voter to the new address. A list of those
transferred, and the district to which they were moved, will be available at
the old district on election day.
(e) A list of all qualified electors with questionable
addresses who fail to respond to notification attempts of the election
officer, but who have not been transferred, shall be posted at the district
wherein he is registered on election day and shall be made available to the
public not later than 4:30 p.m. on the 45th day prior to the election.
History: 1977, PL
15-42 § 1; amd 1985, PL 19-31 § 4.
Amendments: 1985 Subsection (d): deleted provisions relating to voter contesting
transfer of voting district.
6.0219 Change of
name-Transfer of registration.
(a) The Chief Election Officer shall take
applications for change of name from qualified electors who have been married
or who have had their names changed since the last election.
(b) A person whose residence has changed since the
last election, and who the election officer has not transferred under section
6.0218 may apply for transfer of his registration to the district of his new
residence. Requests to transfer registration to the new district shall be made
to the Chief Election Officer no later than 4;30 p.m. on the 30th
day prior to the election. Where a
person was incorrectly placed on a list of qualified electors of a district in
which he does not actually reside, he may correct his registration. No person
may be prevented from voting at the election in the district in which his name
appears on the qualified elector’s list due to a change of name, change of
registration, or other correction made under this section. However any
qualified elector registered in the wrong district who refuses to correct his
registration may be challenged. Any person changing his name or transferring
shall receive a copy of the change or transfer form.
History: 1977, PL
15-42 § 1; 2002, PL 27-31.
6.0220 Changing register-Correction
of errors.
(a) The election officer shall correct the
register if at any time it is manifest to him that the name of a person
registered has been accidentally misspelled, or that he has been misnamed
therein, or that he has been accidentally registered under the wrong district.
(b) In any case where the election officer refuses
to correct the register, the person may appeal to the Board of Registration and
the registration shall be changed upon a written order of the Board of
Registration setting forth the reasons for the change. The order shall be
directed to the election officer or to the district officials of the election
district where the qualified elector is entitled to vote if the register has
been closed. The district officials shall thereupon correct the list of
qualified electors furnished them according to the terms of the order, noting
on the list the reasons for the correction, and shall send the original order
to the election officer as soon as may be possible after the close of the
polls. The election officer upon receipt of any order from the Board of
registration or from the district officials, as the case may be, shall correct
the register according to the terms of the order, making on the register a
reference to the order.
History: 1977, PL
15-42 § 1.
6.0221 Changing
register-Striking names of disqualified electors.
(a) Whenever the election officer receives from
any recording or informing agency information of the death, loss of voting
right of a person sentenced for felony, adjudication of insanity or
feeblemindedness, loss of citizenship or national status, or any other
disqualification to vote, of any person registered to vote, or who he has
reason to believe may be registered to vote therein, he shall thereupon make an
investigation as he considers necessary to prove or disprove the information,
giving the person concerned, if available, notice and an opportunity to be
heard. If after the investigation he finds that the person is dead, or non
compos mentis, or has lost his voting rights, or has lost his citizenship or
national status, or is disqualified for any other reason to vote, he shall
remove the name of the person from the register.
(b) The election officer shall make and keep an
index of all information furnished to him under any requirements of law
concerning any of the matters in this section. Whenever any person applies to
register as a qualified elector, the election officer shall, before registering
the person, consult the index for the purpose of ascertaining whether or not
the person is in any manner disqualified to vote. Persons whose names are
removed from the register of qualified electors under this section may appeal
to the High Court and proceedings shall be had upon the appeal as in other appeals.
History: 1977, PL 15-42 § 1; 2002, PL 27-31.
6.0222 Closing
register-List of qualified electors.
At
4:30 p.m. on the 30th day prior to each election (but if that day is a
Saturday, Sunday, or holiday, then at 4:30 p.m. on the first working day
immediately following), the general register shall be closed to registration
until after the election, subject to change only as provided under 6.0219,
6.0223, and 6.0224, and this section.
History: 1977, PL 15-42 § 1; amd 1980, PL
16-72 § 6.
Amendments: 1980 Substituted “30th” for “20th” and “following” for “preceding”.
6.0223 Challenge by
qualified electors-Grounds-Procedure.
(a) Challenging Prior to Election Day. Any
registered qualified elector may, for any cause not previously decided by the Board
of Registration or the High Court in respect to the same person, challenge the
right of that person to be or to remain registered as a qualified elector in
any district. The challenge shall be in writing, setting forth the grounds upon
which it is based, and be signed by the person making the challenge. The
challenge shall be delivered to the election officer who shall immediately
serve notice of it on the person challenged. The election officer shall, as
soon as possible, investigate and rule on the challenge.
(b) Challenging on Election Day. Any qualified
elector rightfully in the polling place may challenge the right of any person,
presenting himself to the district officials to vote. The challenge shall be on
the grounds that the qualified elector is not the person he alleges himself to
be or that the qualified elector is not entitled to vote in that district. No
other or further challenge shall be allowed. The challenge shall be considered
and decided immediately by the district officials and the ruling announced.
(c) If neither the challenger nor the challenged
appeals the ruling of the election officer or the district officials, then the
qualified elector shall either be allowed t o vote or be prevented from voting
in accordance with the ruling. If an appeal is taken to the Board of
Registration, the challenged shall be allowed to vote; provided, that his
ballot is placed in a sealed envelope to be later counted or rejected in
accordance with the ruling on appeal. The Chief Election Officer shall adopt
rules in accordance with 4.1001 et seq., to safeguard the secrecy of the
challenge's ballot.
(d) Notwithstanding 6.0902 and 6.0903, the
exclusive means of challenging an elector’s qualifications subsequent to the
elector casting his ballot are as follows:
(1) The challenge must be brought by filing a
complaint in the Appellate Division of the High Court, without the necessity of
prior review by the Board of Registration.
(2) The complaint must be filed in accordance
with the procedural requirements of 6.0902 and 6.0903, and may be filed only by
those persons authorized under 6.0902.
(3) It is a condition of any relief granted under
this subsection that the complaining party plead and prove, by a preponderance
of the evidence, that the facts alleged in support of the complaint were not
known to him, and could not with due diligence have been discovered, prior to
the challenged elector casting his ballot.
History: 1977, PL 15-42 § 1; amd 1980, PL 16-72 § 7.
Amendments: 1980 Subsection (d): added.
Case Notes:
Sections 6.0223, 6.0224, 6.0230, 6.0902, and
6.0903 provide separate and unrelated remedies to complaints concerning the
election process. Dole v. Attorney General, ASR (1978).
6.0224 Appeal to
challenge ruling-Failure of election officer to act.
(a) In cases where the election officer or the
district officials ruled on a challenge or the election officer refuses to
register an applicant, or, refuses to change the register under section
6.0220, the person ruled against may appeal from the ruling to the Board of
Registration.
(b) The Board of Registration shall sit on
election day. The Board shall also sit at other times as the election officer
determines to hear appeals, provided there are any, from the qualified
electors registered. The board shall continue its sitting until all appeals
have been heard.
(c) Reasonable notices of the sitting of the Board
shall be given by publication in any newspaper or bulletin of general
circulation or other news media. If the appeal is sustained, the Board shall
immediately certify that finding to the election officer who shall thereupon
alter the register to correspond to the findings of the Board, and when
necessary, the election officer shall notify the district officials of the
change in the register.
History: 1977, PL
15-42 § 1.
Case Notes:
Where statute provided for appeal to Board of
Registration from a denial of voter registration by election officer, and for
judicial review of an adverse decision of the Board of Registration, court
would not issue writ of mandamus to election officer ordering him to register
prospective voter who had not yet appealed to Board of Registration, A.S.C.A.
§§ 6.0224, 6.0230. Siofele v. Shimasaki,
8 A.S.R.2d 81 (1988).
6.0225 Records of
proceedings.
The
Board of Registration shall keep books of record in which full and detailed
minutes shall be preserved of all its proceedings. The minutes shall be kept
from day to day, and shall contain:
(1) the date and place of the meeting;
(2) the names of the members of the Board present;
(3) the name of each person to whom an oath is
administered, and, if an examination is held, the names of the witnesses and
the substance of the answers of the applicant and of the witnesses;
(4) the name of any person challenging the right
of any applicant to register, the grounds of challenge, the name of the person
challenged, and the decision rendered thereon; and
(5) all
other matters of detail which are likely to have a bearing upon any question
concerning the action of the Board or of any person appearing before it.
History: 1977, PL 15-42 § 1.
6.0230 Appeal from Board to High Court.
Any affected person or any of the election officials
may, not later than
History: 1977, PL 15-42 §1.
Case Notes:
Sections 6.0223, 6.0224, 6.0230, 6.0902 and
6.0903 provide separate and unrelated remedies to complaints concerning the
election process. Dole v. Attorney General, ASR (1978).
Where
statute provided for appeal to board of registration from a denial of voter
registration by election officer, and for judicial review of an adverse
decision of the Board of Registration, court would not issue writ of mandamus
to election officer ordering him to register prospective voter who had not yet
appealed to Board of Registration. A.S.C.A. §§ 6.0224, 6.0230. Siofele v. Shimasaki, 8 A.S.R.2d 81(1988).
One
who challenges the right of another person to be registered or to vote as a
qualified elector must exhaust administrative remedies before submitting the
matter to court. A.S.C.A. §§ 6.0230 et
seq. Election Office v. Tuika, 9
A.S.R.2d 1 (1988).
6.0231 Hearing-Decision
final.
When
the appeal is perfected, the High Court shall hear the matter as soon
thereafter as may be reasonable. The determination by the court is final.
History: 1977, PL 15-42 § 1.
6.0232 Notice of
decision-Correcting register.
Immediately
upon rendering a decision upon any appeal, the High Court shall notify the
Board of Registration, and, if the decision reverses the decision of the
Board, the Board shall immediately order the register to be corrected to
conform with the decision.
History: 1977, PL 15-42 § 1.
6.0233 Status pending
appeal.
In
case of an appeal from a decision of the Board of Registration, the name of the
person shall be placed or remain upon the register pending the decision of the
High Court concerning it. If the person so registered votes at any election
before a decision of the court has been made and acted upon, the ballot of that
voter shall be handled in accordance with subsection (c) of 6.0223.
History: 1977, PL
15-42 § 1.
Chapter 03
ISSUES-CANDIDATES
Sections:
6.0301 Nomination of candidates-Right to registered voter list.
6.0302 Challenging
of candidates.
6.0303 Appeal to the High Court.
6.0301
Nomination of
candidates-Right to registered voter list.
(a) Candidates for membership in the House of
Representatives shall be nominated by a petition, in the form established by
the Chief Election Officer, signed by at least 25 registered voters of the
election district from which he seeks election.
Candidates for Delegate to the United States House of Representatives
shall also be nominated by petitions, in forms established by the Chief
Election Officer, signed by at least 300 registered voters of the Territory.
(b) Blank petitions shall be made available by the
Chief Election Officer.
(c) Executed petitions shall be filed with the
Chief Election Officer no later than
(d) The Chief Election Officer shall determine
whether the nominated candidates are eligible for election, and shall cause
ballots to be printed for each office bearing the names of all qualified
nominees.
(e) All candidates for representative approved by
the Chief Election Officer shall be entitled to one copy each of the list of
qualified electors in his election district and the copy shall be made
available no later than 24 hours after the close of voter registration in that
election district.
(f) All candidates for Governor and Lieutenant
Governor, and Delegate to the United States House of Representatives are
entitled to a list of all the qualified electors in the Territory within 10
days after the close of registration for the Territory.
History: 1962, PL 7-28; 1972, PL 12-58;amd 1977, PL 15-42
§ 3;amd 1980, PL 16-72 § 1; 1996, PL 24-16; amd 2002, PL 27-31.
Amendments: 1977 Substituted
“Chief Election Officer” for “Election Commissioner” throughout section.
Subsection (e) added “for representative” at
beginning and substituted “qualified electors” for “registered voters”.
Subsection (f): added. 1980 Subsection (c):
changed “15 October” to “1 September”.
Case Notes:
Affirmative duty of chief election officer to
determine candidates eligibility. King v. Watson, ASR (1978).
Under
Statute providing that blank forms for petitions required of candidates for
elective office should be distributed by election officer, and also providing
that eligibility of candidates should be determined after they had filed the
required petitions, election officer had no authority to withhold blank forms
from a prospective candidate whom he did not believe to be eligible for
election. A.S.C.A. §§ 6.0301(b),
(d). Siofele v. Shimasaki, 8
A.S.R.2d 81 (1988).
6.0302 Challenging the
candidates.
(a) Any
registered qualified elector may, for any cause not previously decided by the
Board of Registration or the High Court in respect to the same person,
challenge the right of that person to be a candidate for office in a general or
special election. The challenge shall be
made no later than
History: 2002, PL 27-31.
Sections:
6.0401 Number.
6.0402 Submission of names and
assignments-Vacancies.
6.0403 Instruction.
6.0404 Oaths.
6.0405 Duties.
6.0406 Compensation.
6.0401 Number.
There
shall be 3 or more district officials for each district, 1 of whom shall be the
supervisor.
History: 1977, PL 15-42 § 1; 2002, PL
27-31.
6.0402 Selection of
district officials and assignments-Vacancies.
(a) Application forms shall be made available by
the Chief Election Officer for those persons who wish to serve as district
officials on election day. The Secretary
of Samoan Affairs or his designee shall submit a list of all local government
officials –i.e. fa’alupega, pulenu’u and leoleo nu’u - to the Chief Election
Officer not later than
(b) In assigning the district officials, the
following criteria shall be as followed:
(1)The
district officials shall be registered qualified electors of the district in
which they serve; but if qualified persons
in the district are not readily available to serve, they may by chosen from
without the district.
(2)The
Chief Election Officer may designate more district officials than are needed
in order to create a pool of qualified district officials who may be assigned
to fill vacancies or to perform those duties as needed in any district. If more
qualified persons than are needed for a district desire to serve in that
district, service shall be determined by experience in conducting prior
elections.
(3)No
parent, spouse, child, or sibling of a candidate is eligible to serve as a
district official in any district in which votes may be cast for that
candidate; nor is any candidate for any elective office eligible to serve as a
district official in the same election in which he is a candidate. No candidate
who failed of nomination in any election is eligible to serve as a district
official in the election next following.
(4)
Any individual who has actively campaigned for any candidate in any election
shall not be eligible to serve as a district official within the district, or
in the Territory-wide elections, in which he had actively campaigned.
(c) In case of inability, failure, or refusal of
any person so assigned to serve as a district official, the Chief Election
Officer shall appoint a person from the pool of qualified district officials to
fill the vacancy.
(d) The Chief Election
Officer shall investigate any report of involvement by district officials in
campaign activities, and, upon confirming such involvement, shall immediately
remove the district official from his official duties.
History: 1977, PL 15-42 § 1; amd 2002, PL 27-31.
6.0403 Instruction.
(a) Not later than
(b) All prospective district officials shall
attend a school of instruction. The supervisor of the district officials shall
be required to also attend a refresher course before each election. It shall be
at the discretion of the Chief Election Officer to require those district
officials with previous training to attend a school of instruction prior to
each election.
(c) No
district official may serve unless he has received instruction and has been
certified by the authorized instructor to that effect. This section shall not
prevent the assignment of a person who has not received any instruction or
certificate but who is otherwise qualified, to fill a vacancy among district
officials when a qualified certified person is not available. Periodic
recertification shall be required.
History: 1977, PL 15-42 § 1; amd 2002, PL 27-31.
6.0404 Oaths.
Each
district official may administer any oath in this chapter provided it be
administered by the district officials.
History: 1977,
PL 15-42 § 1.
6.0405 Duties.
The
duties of the district officials may vary with the voting system in use in the
district. The duties for the particular system shall be assigned by the Chief
Election Officer by rules adopted for that purpose.
History: 1977, PL 15-42 § 1.
6.0406 Compensation.
District
officials shall be paid according to fixed rates established for each election
by the Chief Election Officer.
History: 1977, PL 15-42 § 1; 2002, PL 27-31.
Chapter 05
Sections:
6.0501 Proclamations.
6.0502 Polling
places.
6.0503 Exemptions of qualified
electors on election day.
6.0504 Employees entitled to
leave on election day for voting.
6.0505 Records prima facie
evidence.
6.0506 Records open to
inspection.
6.0507 Forms and materials
used in elections.
6.0501 Proclamations.
(a) Not later than
(b) The proclamation shall contain a statement of
the time and places where and the purposes for which the election is to be held,
and a designation of the offices and the terms thereof for which candidates are
to be elected. It may also contain any other relevant matter including an offer
of rewards for the detection and conviction of offenders against the election
laws. The Chief Election Officer shall cause the election proclamation to be
published at least once in a newspaper or bulletin of general circulation not
later than the 10th day prior to the close of filing.
History: 1977, PL 15-42 § 1.
6.0502 Polling places.
(a) The Chief Election Officer shall specify one
or more polling places in each representative district. Schools, police
stations, fire stations, and other publicly owned or controlled buildings
shall, whenever possible and convenient, be used as polling places. The Chief
Election Officer shall make arrangements for the rental or erection of suitable
shelters for this purpose whenever public buildings are not available and shall
cause those polling places to be equipped with the necessary facilities for lighting,
ventilation, and equipment needed for elections on any island. It is lawful for
the Chief Election Officer to establish a central polling area for contiguous
districts notwithstanding district boundaries, when it is convenient and
readily accessible for the qualified electors of the district involved.
(b) Before the establishment of any central
polling area, the Chief Election Officer shall publish a notice once in a
newspaper or bulletin of general circulation. The notice shall state the time
and place of a hearing under 4.1001 et seq. After the hearing, a rule shall be
issued establishing the central polling place.
(c) No change shall be made in the boundaries of
any district nor shall a central polling area be established later than
(d) Notwithstanding subsection (c), if the Chief
Election Officer determines that the number of candidates or issues on the
ballot in a special, general, or runoff election do not require the full number
of established districts, the districts may be consolidated for the purposes
of the special or general election. A consolidated district shall be considered
the same as an established district for all purposes, including district
official requirements. Not later than 4:30 p.m. on the 10th day prior to the
election, the Chief Election Officer shall give public notice in a newspaper or
bulletin of general circulation or by TV or radio in the area in which the
election is to be held of the location of the election districts and their
polling places. Notices of any consolidation shall also be posted on election
day at the established district polling place giving the location of the
consolidated election district polling place.
History: 1977, PL 15-42 § 1.
6.0503 Exemptions of
qualified electors on election day.
Every
qualified elector shall be privileged from arrest on election day while at his
polling place and in going to and returning therefrom, except in case of breach
of the peace then committed, or in case of treason or felony.
History: 1977, PL 15-42 § 1.
6.0504 Employees entitled
to leave on election day for voting.
Any
qualified elector shall on the day of the election be entitled to absent
himself from any service or employment in which he is then engaged or employed,
for a period of 2 consecutive hours (excluding any lunch or rest periods)
between the time of opening and closing the polls. The qualified elector shall
not because of so absenting himself be liable to any penalty, nor shall any
deduction be made on account of the absence from his usual salary or wages;
provided, that the foregoing shall not be applicable to any employee whose
hours of employment are such that he has a period of 2 consecutive hours
(excluding any lunch or rest periods) between the time of opening and closing
the polls when he is not working for his employer. If, however, any employee
fails to vote after taking time off for that purpose the employer, upon
verification of that fact, may make appropriate deductions from the salary or
wages of the employee for the period during which the employee is entitled to
be absent from his employment. Presentation of a qualified elector’s receipt by
an employee to his employer shall constitute proof of voting by the employee.
Any person violating this section is guilty of an offense under 6.1207.
History: 1977, PL 15-42 § 1.
6.0505 Records prima
facie evidence.
Every
record made under law by the board of registration, or the district officials,
shall be a prima facie evidence of the facts therein set forth, and shall be
received as such in any court or tribunal in which it is offered in evidence.
History: 1977, PL 15-42 § 1.
6.0506 Records open to inspection.
The register of qualified
electors and all appertaining to the registry of qualified electors, or to any
election, in the possession of the board of registration, the district
officials, or the Chief Election Officer shall, at all reasonable times, be
open to the inspection of any qualified elector.
History: 1977, PL 15-42 § 1.
6.0507 Forms
and materials used in elections.
Books,
blanks, records, certificates, and other forms and materials required by
chapters 01 through 12 of this title shall be of uniform character suitable for
the voting system in use and shall be prescribed by the Chief Election Officer.
History: 1977, PL
15-42 § 1.
Chapter 06
BALLOTS
Sections:
6.0601 Official and specimen ballots.
6.0602 Contents of ballot.
6.0603 Form of ballot.
6.0604 Checking ballot form by
candidates and parties.
6.0605 Withdrawal
of candidates-Disqualification-Death-Notice.
6.0606 Vacancies-New
candidates-Insertion of names on ballots and notice at polling places.
6.0607 Printing-Quantity.
6.0608 Distribution
of ballots-Record.
6.0609 Distribution
of sample ballots.
6.0601 Official and
specimen ballots.
Ballots
issued by the Chief Election Officer as to Territorial elections are official
ballots. The Chief Election Officer, where paper or other type of ballots are
used, shall have printed sufficient copies of each of the official ballots to
be used in the various districts so that at least 1 copy can be posted for each
voting district. These copies will have printed across their face in large bold
letters, and with ink of a color contrasting to the color of the paper used,
the word “Specimen”. The copies of the specimen ballots shall be forwarded to
the district officials with the official ballots. The district officials shall
post the specimen ballots near the entrance to the voting place where they may be
easily seen by the qualified electors prior to voting.
History: 1977, PL
15-42 § 1.
6.0602 Contents of
ballot.
(a) A ballot shall contain the names of the
candidates, the offices for which they are running, and the district in which
the election is being held. The name of the candidate may be printed with the
Samoan or English equivalent or nickname, if the candidate so requests in
writing at the time his nomination papers are filed. Candidates’ names,
including the Samoan or English equivalent or nickname, shall be set on one
line in as large type as the length of the majority of the names will permit.
All candidates’ names must be in the same height of type face and style.
(b) In multirace districts, the ballot shall state
that the qualified elector shall not vote for more than the number of seats
available or the number of candidates listed where such number is less than the
seats available.
(c) A ballot shall bear no word, motto, device,
sign, or symbol other than allowed in this title.
History: 1977, PL 15-42 § 1.
6.0603 Form of ballot.
The
form of the ballot shall be determined by the Chief Election Officer. The names
of the candidates shall be placed upon the ballot for their respective offices
in alphabetical order. In the case of paper ballots or cards where the names of
the candidates are printed and the qualified elector records his vote on the
face of the ballot, the following format shall be used: A horizontal line shall
be ruled between each candidate’s name and the next name. Immediately after all
the names, on the right-hand side of the ballot, 2 vertical lines shall be
ruled, so that in conjunction with the horizontal lines, a box shall be formed
opposite each name and its equivalent, if any. The boxes shall be of sufficient
size to give ample room in which to designate the choice of the qualified
elector in the manner prescribed for the voting system in use. All of the names
upon a ballot shall be placed at a uniform distance from the left-hand edge and
close thereto, and shall be of uniform size and print subject to section
6.0602.
History: 1977, PL 15-42 § 1.
6.0604 Checking ballot
form by candidates and parties.
Facsimiles
of all ballot layouts prior to printing shall be available for viewing by the
candidates at the office of the Chief Election Officer as soon after the close
of filing as they are available. The layout facsimiles shall show the type
faces used, the spelling and placement of names, and other information on the
ballot.
History: 1977, PL 15-42 § 1.
6.0605 Withdrawal of
candidates-Disqualification-Death-Notice.
(a) Any
candidate may withdraw not later than 4:30 p.m. on the 3rd day after
the close of filing for any reason and may withdraw after the close of filing
up to 4:30 p.m. on the 10th day prior to an election for reasons of ill health
when the notice is accompanied by a statement from a licensed physician
indicating that the ill health may endanger the candidate’s life, by giving
notice in writing to the Chief Election Officer. Once the notice is received by the Chief
Election Officer, the candidate shall not rescind or attempt to rescind the
notice of withdrawal.
(b) When a
candidate dies, withdraws, or is disqualified after the close of filing and the
ballots have been printed, the Chief Election Officer shall either order the
candidate’s name stricken from the ballot or that a notice of the
disqualification, withdrawal, or death be prominently posted at the polling
place on election day.
(c) In no case shall the filing fee be refunded
after filing.
History: 1977,
PL 15-42 § 1; amd 2002, PL 27-31.
6.0606 Vacancies-New candidates-Insertion of names on ballots and notice
at polling places.
In
case of death, withdrawal, or disqualification of any candidate after filing,
the vacancy so caused may be filled by the Chief Election Officer in the same
manner as regular filing not later than the 5th day prior to a general or
special election. The name of the replacement shall be printed in an available
and appropriate place on the ballot, not necessarily in alphabetical order. A
vacancy occurs only when there is less than 1 candidate on the ballot to fill
the office. If the substitute candidate is submitted later than the time limits
set forth above, it will be in the discretion of the Chief Election Officer whether
the name of any substitute candidate is placed on the ballot by reprinting,
over printing, the use of rubber stamps, or other means as the Chief Election
Officer may consider satisfactory. The district officials shall post a notice
at the polling place of the name of the substitute candidate and the office
sought. Substitution shall be made not later than
History: 1977, PL 15-42 § 1.
6.0607 Printing-Quantity.
(a) The ballots shall be printed by order of the
Chief Election Officer.
(b) Each district shall receive a sufficient
number of ballots based on the number of registered qualified electors and the
expected spoilage in the election concerned.
History: 1977, PL 15-42 § 1; amd 2002, PL 27-31.
6.0608 Distribution of
ballots-Record.
(a) The Chief Election Officer shall forward the
official ballots, specimen ballots, and other materials to the election
officials of the various districts. They shall be delivered and kept in a
secure fashion in accordance with rules adopted by the Chief Election Officer.
In no case shall they arrive later than the opening of the polls on election
day.
(b) A record of the number of ballots sent to each
district shall be kept by the Chief Election Officer.
History: 1977, PL
15-42 § 1; amd 2002, PL 27-31.
6.0609 Distribution of sample ballots.
At
least 10 days before the election, the Chief Election Officer may cause sample
ballots to be distributed among the qualified electors, so that the electorate
will be informed of the names of the candidates, or the issues, or both.
History:
1977, PL 15-42 § 1; amd
2002, PL 27-31.
VOTING PROCEDURES
Sections:
6.0701 Hours polls are open.
6.0702 Admission within
polling place.
6.0703 Voting booths-Placement
of ballot boxes.
6.0704 Ballot boxes.
6.0705 Procedure upon opening
polls.
6.0706 Signature required-Identification.
6.0707 Prohibited acts—Removal or exhibition of ballot.
6.0708 Time allowed.
6.0709 Assistance
of illiterate or disabled.
6.0710 Replacement
of spoiled ballot.
6.0701 Hours polls are
open.
The
polls shall be opened by the district officials at
History: 1977, PL 15-42 § 1.
6.0702 Admission within
polling place.
No
person, other than 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 therefrom,
may be permitted within the polling place and that area surrounding the
polling place reasonably calculated to preserve a peaceful and quiet
atmosphere for the balloting process. Any other person 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 it in response to the lawful order of an election
official, is guilty of a class B misdemeanor. If a qualified elector is
manifestly physically disabled, the qualified elector may be assisted by anyone
through the area specified.
(b) The Chief Election Officer may allow nonvoter
groups to observe the election for educational purposes. The Chief Election
Officer shall use his discretion in granting permission and ensure that persons
whose applications are granted may observe the election at designated precincts
in a manner that they will not interfere with the election process.
History: 1977, PL
15-42 § 1; amd 1980, PL 16-72 § 3.
Amendments: 1980 Subsection (a): amended generally.
6.0703 Voting
booths—Placement of ballot boxes.
(a) The district officials shall provide sufficient
booths within the polling place at or in which the qualified electors may
conveniently cast their ballots. The booths shall be so arranged that in
casting the ballots the qualified electors are screened from the observation
of others.
(b) The district officials shall place ballot
boxes, where used, at a point convenient for qualified electors to cast their
ballots after voting and where the boxes may be observed by the district
officials.
History: 1977, PL
15-42 § 1.
6.0704 Ballot boxes.
The
Chief Election Officer shall provide suitable ballot boxes for each polling
place. The boxes shall be of material selected by the Chief Election Officer.
They shall be smooth inside and out and shall have a hinged lid fastened
securely by a good lock or locks. In the center of the lid there shall be an
aperture of the appropriate size for the voting system used.
History: 1977, PL
15-42 § 1.
6.0705 Procedure upon
opening polls.
(a) At the opening of the polls for election, the
district officials shall, in the presence of bystanders, publicly open the
ballot boxes and expose them to all persons present, that it may be seen that
they are empty. They shall then be closed and locked and on no account opened till
the polls are closed.
(b) The seals of the ballot containers or packages
shall be broken and opened on election day only in the presence of at least 2
district officials.
(c) A card of instruction in both Samoan and
English, detailing the method of marking ballots and of voting shall be
immediately posted at or in each voting booth. Not less than 3 cards shall be
immediately posted in conspicuous places outside the polling place.
History: 1977, PL
15-42 § 1.
6.0706 Signature
required—Identification.
(a) Every person upon applying to vote shall sign
his name in the poll book prepared for that purpose. This requirement may be
waived by any district official if for reasons of illiteracy or blindness or
other physical disability the qualified elector is unable to write. Every
person shall provide identification if so requested by a district official.
(b) After signing the poll book and receiving his
ballot, the qualified elector shall proceed to the voting booth to vote
according to the voting system in use in his district. The district official
may, and upon request shall, explain to the qualified elector the mode of
voting.
History: 1977, PL
15-42 § 1.
6.0707 Prohibited
acts-Removal or exhibition of ballot.
(a) No person shall look at or ask to see the
contents of the ballot of any qualified elector, except as provided in section
6.0709, nor shall any person within the polling place attempt to influence a
qualified elector in regard to whom or what he shall vote for. When a qualified
elector is in the voting booth for the purpose of marking or casting his
ballot, no other person shall, except as provided in section 6.0709, be allowed
to enter the booth or to be in a position from which he can observe how the
qualified elector marks or casts his ballot.
(b) All elections of members of the House of
Representatives shall be by secret ballot. At each polling place there shall be
a voting shelf or compartment at which each voter can mark his ballot in
complete privacy, and such other election supplies as are necessary.
(c) In those districts using paper ballots or
cards, no person shall take a ballot out of the polling place. After voting,
the qualified elector shall leave the voting booth and deliver his ballot to
the district official in charge of the ballot boxes. The district official
shall make certain that he has received the correct ballot and no other and
then shall drop the ballot into the ballot box. If any person having received a
ballot leaves the polling place without first delivering the ballot to the
district official as provided above, or willfully exhibits his ballot, except
as provided in section 6.0709 after the ballot has been marked, shall forfeit
his right to vote, and the district officials shall cause a record to be made
of the proceeding.
History: 1962, PL 7-28; amd 1977, PL 15-42 § 1.
6.0708 Time allowed.
A
qualified elector shall be allowed to remain in the voting booth for 5 minutes, and having voted the qualified
elector shall at once emerge and leave the voting booth. If he refuses to leave
when so requested by a majority of district officials after the lapse of 5 minutes, he shall be removed by the
district officials. Once a qualified elector has completed his voting and
emerged from the booth, he shall not be permitted to reenter.
History:
1977, PL 15-42 § 1.
6.0709 Assistance of
illiterate or disabled.
(a) Any qualified elector who, by reason of
illiteracy or blindness or other physical disability, is unable to mark his
ballot, shall, if he so requests, receive the assistance of 2 district
officials or of any qualified elector whom he may designate, in the marking
thereof. Before rendering assistance or
permitting assistance to be rendered, the district officials shall be satisfied
that the physical disability exists. If a qualified elector with a physical
disability finds it unduly burdensome for him to enter the polling place, he
may be handed a ballot outside the polling place but within 100 feet thereof by
the district officials and in their presence, but in a secret manner, mark and
return it to the district officials.
(b) The district officials shall enter in writing
in the record book the following:
(1) the qualified elector’s name;
(2) the fact that the qualified elector cannot
read the names on the ballot, if that is the reason for requiring assistance,
and otherwise, the specific physical disability which requires him to receive
assistance; and
(3) the name or names of the person or persons
furnishing the assistance.
History: 1977, PL
15-42 § 1.
6.0710 Replacement of
spoiled ballot.
In
districts using paper ballots or cards, if a qualified elector spoils a ballot
or ballot card, he may obtain another upon returning the spoiled one. The
ballot returned shall be canceled immediately, and the reasons for the
cancellation endorsed thereon and signed by the district officials.
History: 1977, PL 15-42 § 1.
VOTE COUNT
Sections:
6.0801 Vote
count.
6.0802 Method
of counting.
6.0803 More or less ballots than recorded.
6.0804 Records
disposition.
6.0805 Certification
of results of election.
6.0806 Certificate of election—Form.
6.0801 Vote count.
Ballots
shall be counted in accordance with this chapter. In districts using paper
ballots or cards, a ballot shall be counted even though that ballot has less
names voted for than can be elected. If a ballot has more names voted for than
can be elected, that ballot shall not be counted.
History: 1977, PL 15-42 § 1; amd 2002, PL
27-31.
6.0802 Method of
counting.
Immediately
after the close of the polls, the district officials shall proceed to count the
ballots in the manner as designated by the Chief Election Officer. For each election, the Chief Election Officer
shall designate either that the ballot boxes be sealed and forwarded to a
central polling place for counting, or that the ballots be counted at the
individual polling places. In either
case, the ballots shall be counted as follows:
(a) The whole number of ballots
shall first be counted to see if their number corresponds with the number of
ballots cast as recorded by the district officials.
(b) If the number of ballots corresponds with the
number of persons recorded by the district officials as having voted, the
election officials shall then proceed to count the vote cast for each
candidate.
(c) If there are more ballots or less ballots than
the record calls for, the election officials shall proceed under section
6.0803.
History: 1977, PL
15-42 § 1; amd 2002, PL 27-31.
6.0803 More or less
ballots than recorded.
(a) If there are more ballots than the poll book
calls for, this shall be an overage; if less, it shall be an underage. The
election officials shall make a note of this fact on a form to be provided by
the Chief Election Officer. After making this notation, the election officials
shall proceed to count the ballots in the manner provided by law. The form
recording the overage or underage shall be sent directly to the Chief Election
Officer separate and apart from the other election records.
(b) As soon after the election as possible the
Chief Election Officer shall make a list of all districts in which an overage
or underage occurred and the amount of the overage or underage. This list shall
be posted in the office of the Chief Election Officer. The list is a public
record.
(c) An election contest may be brought under
sections 6.0902 and 6.0903 if the overage or underage in any district could
affect the outcome of an election.
History: 1977, PL
15-42 § 1.
6.0804 Records
disposition.
(a) The final duty of the district officials in
the operation of the district shall be to gather all records and supplies
delivered to them and return them to the sending official.
(b) The used ballots shall
be kept secure and handled only in the presence of authorized persons in
accordance with rules adopted for the various voting systems. After all the ballots
have been tabulated, they shall be sealed in containers. Thereafter these
containers shall be unsealed and resealed only as prescribed by rules governing
the elections.
(c) The Chief Election
Officer may destroy the ballots and other election records when the Chief
Election Officer has certified all elected candidates.
History:
1977, PL 15-42 § 1.
6.0805 Certification of
results of election.
On
receipt of certified tabulations from the election officials concerned, the
Chief Election Officer shall compile, certify, and release the election
results. The number of persons to be elected receiving the highest number of
votes in any representative district shall be declared to be elected or in the
case of territory-wide election of the Governor and Lieutenant Governor, and
the Delegate-at-Large, the person or team receiving the highest number of votes
in the territory shall be declared to be elected.
History: 1977, PL
15-42 § 1.
6.0806 Certificate of
election—Form.
The
Chief Election Officer shall deliver certificates of election to the persons
elected as determined under section 6.0805. These certificates shall be
delivered only after the expiration of the time for bringing an election
contest. If there is an election contest, the certificate shall. be delivered
only after a final determination in the contest has been made and the time for
an appeal has expired. The certificate shall be substantially in the following
form:
“I , Chief Election Officer of
Witness my hand this day of A.D. 19
.
Chief
Election Officer
History: 1977, PL 15-42 § 1.
Sections:
6.0901 Tie vote-Decision by lot.
6.0902 Contests for
cause-Generally.
6.0903 Contests for cause-Filing complaint.
6.0901 Tie vote—Decision by lot.
In
case of the failure of an election by reason of the equality of vote between 2
or more candidates, the tie shall be decided by lot, under the supervision of
the Chief Election Officer. When an election is decided by lot, the candidates
may agree in a signed statement to the use of a lot. If the candidates agree,
they shall be bound by the lot and shall not bring an election contest under
sections 6.0902 and 6.0903 after the drawing of the lot. Each candidate shall
be present at the drawing of the lot together with 2 witnesses to be selected
by him.
History: 1977, PL
15-42 § 1.
6.0902 Contests for
cause-Generally.
With
respect to any election, any candidate or any 30 qualified electors of the
representative district, in case of elections for representatives, and in
territory-wide elections any 300 qualified electors may file a complaint in the
High Court.
The
complaint shall set forth any cause or causes, including but not limited to:
provable fraud, overages, or underages, that could cause a difference in the
election result. The complaint shall also set forth any reasons for reversing,
correcting, or changing the decisions of the district or election officials.
History: 1977, PL 15-42 § 1.
Case Notes:
Sections 6.0223, 6.0224, 6.0230, 6.0902, and
6.0903 provide separate and unrelated remedies to complaints concerning the
election process. Dole v. Attorney General. ASR (1978).
6.0903 Contests for
cause-Filing complaint.
(a) In general or special elections, the complaint
shall be filed in the office of the Clerk of the High Court not later than 4:30
p.m. on the 7th calendar day following the general, special, or runoff election
and shall be accompanied by a deposit of $25 for costs of court. The Clerk shall issue to the defendants named
in the complaint a summons to appear and answer before the Appellate Division
of the High Court not later than
(b) In cases involving general, special, or runoff
elections, the complaint shall be heard by the High Court as soon as it
reasonably may be heard. On the return day, the court, upon its motion or
otherwise, may direct summons to be issued to any person who may be interested
in the result of the proceedings.
(c) At the hearing, the court shall cause the
evidence to be reduced to writing and shall give judgment, stating all findings
of fact and conclusions of law. The judgment may invalidate the general,
special, or runoff election on the grounds that a correct result cannot be
ascertained because of a mistake or fraud on the part of the district or
election officials; or because it
cannot be determined that a certain candidate, or certain candidates, received
a majority or plurality of votes cast and were elected. If the judgment should
be that the general or special election was invalid, a certified copy thereof
shall be filed with the Governor, and he shall duly call a new election to be
held not later than 30 days after the election in dispute. In the interests of
justice, the High Court may extend the date for a runoff election, but not
later than 16 days following the date fixed by law. If the High Court does not
render its judgment in that time, the election shall proceed as certified by
the Chief Election Officer. If the court decides which candidate or candidates
have been elected, a copy of that judgment shall be served on the Chief
Election Officer, who shall sign and deliver to the candidate or candidates
certificates of election, and they shall be conclusive of the right of the
candidate or candidates to the offices.
History: 1977, PL 15-42 § 1.
Case Notes:
Subsection (c) is interpreted to mean that the
election is to be invalidated only if the number of ineligible ballots cast is
equal to or greater than the number of votes by which the leading candidate
defeated his closest adversary. Dole v. Attorney General, ASR (1978).
Under statute requiring election appeals to be
filed by
An
election is to be invalidated only if it cannot be determined that a candidate
polled a majority or plurality of the valid votes cast on election day. A.S.C.A., § 6.0903. Faga v. Malepeai, 23 A.S.R.2d 48 (1992).
Chapter
10
EXPENSES
Sections:
6.1001 Payment for capital
equipment.
6.1002 Election expenses.
6.1001 Payment for
capital equipment.
The
government shall pay for all voting system capital equipment. This shall
include, but not be limited to, voting machines, if any, ballots, stationery, equipment,
and supplies.
History: 1977, PL 15-42 § 1.
6.1002 Election
expenses.
(a) All expenses, including expenses attributable
to registration of qualified electors by the election officials for Territorial
elections conducted in any district, shall be borne by the government and paid
out of those appropriations as may be made by the Legislature for election
purposes, under the budget of the election office.
(b) Expenses in elections shall be borne by the
government as follows:
(1) election officials;
(2) instruction of election officials;
(3) Board of Registration;
(4) polling place costs including supplies,
installation, rentals, ballot boxes, voting booths, custodians, telephones, and
maintenance;
(5) other equipment such as ballot transport containers;
(6) temporary election clerks;
(7) extraordinary qualified elector registration
costs;
(8) normal qualified elector registration,
qualified electors’ list maintenance;
(9) maintenance of existing voting machines, if
any, including parts, freight, storage, programming, and personnel;
(10) all printing, including ballots; and
(11)
all other costs relating to the operation of voting machines, electronic
voting systems, and other voting systems, to include but not be limited to real
property rentals, equipment rentals, personnel, mileage, telephones, supplies,
publicity, computer programming, and freight.
(c) The responsibility for supervising the above
functions shall be determined by the Chief Election Officer.
History: 1977, PL 15-42 §
1; 1985, PL 19-31 § 5.
Amendments: 1985 Subsection (a) deleted Attorney Gcnera1’s
and added “the” and “of the election office”.
Sections:
6.1101 Who may vote by absentee
ballot.
6.1102 Request for absentee ballot.
6.1103 Delivery of ballots.
6.1104 Ballot to be enclosed
in unsealed reply envelope-Printed instructions to be included.
6.1105 Return
of ballot.
6.1106 Absentee ballot container.
6.1107 Absentee qualified
elector-polling place.
6.1108 Receipt and disposition of absentee ballots.
6.1109 Receipt and
disposition of late absentee ballots.
6.1110 Death of qualified
elector prior to opening of polls.
6.1101 Who may vote by
absentee ballot.
(a) Any qualified elector who will be unable to
appear at his polling place during the hours of voting at any election because
of absence from the Territory, or district in which he is registered may cause
his vote to be cast by absentee ballot subject to this chapter.
(b) Any qualified elector covered by this section
shall be entitled and enabled to vote in a manner as may be prescribed by
rules adopted by the Chief Election Officer; provided, that any qualified elector
who by reason of physical disability is unable to mark his ballot shall be
authorized to receive assistance in marking it.
(c) Any qualified elector competent to vote at any election shall be allowed
to vote under this section if he falls in the following categories:
(1)
absent from the Territory on election day because
of:
(i)
active service in the U.S. Military forces;
(ii)
employment in the service of the U.S. Government;
(iii)
employment in the service of the American Samoa
Government; or
(iv)
status as a student at an institution of
learning.
(2)
temporarily absent from the Territory on election
day because of:
(i)
travel for medical treatment;
(ii)
travel for military-related assignments;
(iii)
travel for employment-related training,
conference or assignments; or
(iv)
vacation.
(3) present in the Territory but absent from
the district on election day because of:
(i)
confinement in any hospital;
(ii)
confinement in any public institution;
(iii)
confinement at home because of illness or
physical disability which will prevent him from attending the polls;
(iv)
any religious belief, ruling, doctrine, or
standard which will prevent him from attending the polls; or
(v)
employment as an election official on election
day.
History:
1977, PL 15-42 § 1; 1996, PL
24-14; 2002, PL 27-31.
6.1102 Request for
absentee ballot.
(a) Any
person entitled to vote under 6.1101(c) (1) may request an absentee ballot in
writing from the Chief Election Officer not earlier than on the 75th day prior
to the election and not later than 4:30 p.m. the 15th day prior to the
election. The request shall include any
information that will facilitate the location of his voting district, the
establishment of his right to a ballot, and the address where he wants his
ballot forwarded.
(b) Any
person entitled to vote under 6.1101 (c) (2) may request an absentee ballot in
person or in writing from the Chief Election Officer not earlier than the day
that ballots are printed and available and not later than
(c) Any person entitled to vote under
6.1101(c)(3) may request an absentee ballot in person or in writing from the
Chief Election Officer not earlier than on the 30th day prior to the
election and not later than 4:30 p.m. on the day prior to the election.
(d)
Certification of absentee ballots shall be closed not later than
History: 1977, PL 15-42 § 1;
1989, PL 21-14; 1996, PL 24-14; amd 2002, PL 27-31.
6.1103 Delivery of
ballots.
Immediately
upon receipt of a request within the time limits specified in 6.1102, the Chief
Election Officer shall examine the records to ascertain whether or not the
qualified elector is lawfully entitled to vote as requested. As soon as
official ballots are printed and available, the Chief Election Officer shall:
(a) for those persons entitled to vote under
6.1101(c)(1), mail in a forwarding envelope, via airmail, an official ballot
and other materials prescribed in 6.1104. All requests postmarked by the 15th day prior
to the election shall be processed, and
ballots mailed to the qualified electors requesting them as soon as reasonably
practicable, but in no event later than 24 hours after receipt of the request;
and
(b) for those persons
entitled to vote under 6.1101(c)(2) and (3), deliver an official ballot to
enable such persons to vote at the designated absentee polling place or in a
manner prescribed by rules adopted by the Chief Election Officer.
History: 1977, PL
15-42 § 1; amd 2002, PL 27-31.
6.1104 Ballot to be enclosed in unsealed reply envelope-Printed
instructions to be included.
(a) The Chief Election Officer shall enclose the
ballot for those persons entitled to vote under 6.1101(c)(1) in an unsealed
reply envelope to be furnished by him and which shall be in the form prescribed
by him. In addition, the Chief Election Officer shall prepare printed instructions
regarding the manner of marking and returning the absentee ballot. The Chief
Election Officer shall furnish a copy of the printed instructions and
information setting forth the district in which the qualified elector is entitled
to vote. The reply envelope shall bear upon the face thereof the name, official
title, and post office address of the Chief Election Officer and the words
“Absentee Ballot Enclosed”. The back of the reply envelope shall contain a
statement to be subscribed to by the qualified elector which affirms the fact that he is the person
voting.
(b) The absentee qualified elector shall be
instructed that his ballot shall not be valid if the affirmation statement is
not signed.
History: 1977, PL 15-42 § 1; 2002, PL
27-31.
6.1105 Return of ballot.
The
reply envelope shall be:
(1) mailed and must be received by the Chief
Election Officer not later than
(2) delivered other than by mail to the Chief
Election Officer not later than
History: 1977, PL 15-42 § 1; 2002, PL
27-31.
6.1106 Absentee ballot
container.
(a) Each absentee ballot shall be placed in an
absentee ballot container or containers. The container shall be securely sealed
except for an opening sufficient to permit deposit of the reply envelopes and
shall be sufficiently identify the elective office or issue that corresponds to
the absentee ballots being deposited. The opening of the container shall be
securely sealed at the close of each business day by the Chief Election
Officer. The container itself shall be secured in the office of the Chief
Election Officer, or in an area, space or facility designated by the Chief
Election Officer.
(b) Persons may not open the absentee ballot
container before the day and time provided for in 6.1108 or 6.1109. Persons
tampering with or opening the absentee ballot container before the prescribed
time shall be guilty of an election offense under 6.1206.
History: 1977, PL
15-42 § 1; 2002, PL 27-31.
6.1107 Absentee
qualified elector polling place.
(a) The Chief Election Officer shall establish an
absentee polling place. The absentee polling place shall be open before
election day to handle the absentee voters who are voting in person. The Chief
Election Officer shall determine the number of officials needed. All absentee
polling places established to handle absentee qualified electors who are
voting in person shall be closed at
(b) The
Chief Election Officer may appoint election officials to handle absentee voting
in person, for those persons entitled to vote under 6.1101(c)(2) and (3), at
the absentee polling place. Election officials may also be appointed to handle
absentee voting in person other than at the absentee polling place for those
qualified electors who demonstrate that it would be a hardship to require them
to appear at the absentee polling place.
History: 1977, PL 15-42 § 1; 2002, PL
27-31.
6.1108 Receipt and
disposition of absentee ballots.
(a) Upon receipt of the envelope marked “Absentee
Ballot Enclosed” from persons voting under chapters 01 through 12 of this
title, the Chief Election Officer or the election officials of the absentee
polling place shall document its receipt and deposit it in the corresponding
absentee ballot container. Prior to
depositing the envelopes the envelopes shall be checked for the following:
(1) sufficiency of statement;
(2) if the signature corresponds with the
absentee request or register;
(3) if the qualified elector is a registered
qualified elector and has complied with the requirements of 6.0214 or 6.0215;
and
(4) if the envelope appears to be tampered with.
(b) Envelopes that meet the above requirements shall be
deposited in the corresponding absentee ballot container.
(c) If any of the above requirements is not met,
the officials shall mark across the face of the envelope “Questionable” giving
the reasons therefor, and the envelope shall be placed unopened in a separate
container and disposed of as prescribed for ballots in 6.0804.
(d) Counting of absentee ballots for an issue,
and for the offices of Governor & Lieutenant Governor, and Delegate to the
United States House of Representative may
begin after 1:30 p.m. on election day. The absentee ballot containers for
such issue(s) or offices may be opened no sooner than
(e) Counting of absentee ballots for each office
of Representative to the House of Representatives may begin only after the
polls are closed on election day. The
absentee ballot container(s) for such offices may be opened no sooner than
(f) Persons violating this section shall be
guilty of an election offense under chapter 12.
History: 1977,
PL 15-42 § 1, amd 1985, PL 19-31
§ 6; 2002, PL 27-31.
Amendments: 1985 Subsection (e). Deleted “section 6.1105” and added “chapter 12”.
6.1109 Receipt and
disposition of late absentee ballots.
All
reply envelopes containing absentee ballots received by the Chief Election
Officer after the deadline for receipt stated in 6.1105 shall be kept unopened
and disposed of under 6.0804.
History: 1977, PL 15-42 § 1; 2002, PL
27-31.
6.1110 Death of
qualified elector prior to opening of polls.
Whenever,
prior to the counting of absentee ballots, it is apparent to the Chief Election
Officer or polling place officials that any qualified elector who has marked
and forwarded an absentee ballot has died prior to the opening of the polls on
election day, the ballot of the qualified elector shall be disposed of in the
manner provided in 6.1108 for questionable ballots. The casting of these
ballots shall not invalidate the election.
History: 1977, PL
15-42 § 1; 2002, PL 27-31.
Sections:
6.1201 Classes
of offenses.
6.1202 Perjury.
6.1203 Election
frauds.
6.1204 Penalties-Disqualification
or removal from office-Notice of conviction.
6.1205 Misdemeanors.
6.1206 Violation-Penalty.
6.1207 Penalty for other
offenses.
6.1201 Classes of offenses.
Except
as otherwise provided, offenses against the election laws contained in this
title are divided into two classes: “election frauds” and “misdemeanors”.
History: 1977, PL
15-42 § 1.
6.1202 Perjury.
Any
person who, knowing that he is not entitled to register or to vote, registers
or votes is guilty of perjury; and any person taking any oath in chapters 01
through 12 of this title prescribed or authorized to be administered and
willfully making oath to any false statement of fact, or willfully making a
false answer to any question put to him thereunder, is guilty of perjury.
History: 1977, PL
15-42 § 1.
6.1203 Election frauds.
The
following persons are considered guilty of an election fraud:
(1) every person who, directly or indirectly,
personally or through another, gives, procures, or lends, or agrees or offers
to give, procure, or lend, or who endeavors to procure, any money or office or
place of employment or valuable consideration to or for any qualified elector,
or to or for any person for a qualified elector, or to or for any person in
order to induce any qualified elector to vote or refrain from voting, or to
vote or refrain from voting for any particular person or issue, or who does any
such act on account of any person having voted or refrained from voting for any
particular person at any election;
(2) every person who advances or pays, or causes
to be paid, any money to, or to the use of, any other person, with the intent
that the money, or any part thereof, shall be expended in bribery at any
election, or for any purpose
connected with or incidental to any election;
(3) every qualified elector who, before, during,
or after any election, directly or indirectly, personally or through another,
receives, agrees, or contracts for any money, gift, loan, or valuable
consideration, office, place, or employment for himself or any other person for
voting or agreeing to vote, or for refraining to vote or agreeing to refrain
from voting, or for voting or refraining to vote for any particular person or
issue;
(4) every person who, directly or indirectly,
personally or through another, makes use of, or threatens to make use of, any
force, violence, or restraint; or inflicts or threatens to inflict any injury,
damage, or loss in, any manner, or in any way practices intimidation upon or
against any person in order to induce or compel the person to vote or refrain
from voting, or to vote or refrain from voting for any particular person or
party; or who by abduction, distress, or any device or contrivance impedes,
prevents, or otherwise interferes with the free exercise of the elective
franchise;
(5) every person who, at any election, votes or
attempts to vote in the name of any other person, living or dead, or in some
fictitious name, or who, having once voted, votes or attempts to vote again,
or knowingly gives or attempts to give more than one ballot for the same office
at one time of voting;
(6) every person who, before or during an
election, knowingly publishes a false statement of the withdrawal of any
candidate at the election;
(7) every person who induces or procures any
person to withdraw from being a candidate at an election in consideration of
any payment or gift or valuable consideration; or of any threat; and every
candidate who withdraws from being a candidate in pursuance of such inducement
of procurement;
(8) every public officer by law required to do or
perform any act or thing with reference to any of the provisions in any law concerning
elections contained who willfully fails, neglects, or refuses to do or perform
the same, or who willfully performs it in such a way as to hinder the objects
thereof, or who is guilty of any willful violation of any of the provisions
thereof;
(9) any person willfully tampering or attempting
to tamper with, disarrange, deface, or impair in any manner whatsoever, or destroy
any voting equipment while the same is in use at any election, or who, after
the equipment is locked in order to preserve the registration or record of any
election made by the same, tampers or attempts to tamper with any voting equipment.
History: 1977, PL 15-42 § 1.
6.1204 Penalties-Disqualification
or removal from office-Notice of conviction.
A
person found guilty of an election fraud shall be sentenced upon conviction as
for a class A misdemeanor. In addition to the punishment, the person shall be
disqualified from voting and from being elected to, holding or occupying any
office, elective or appointive. If the person convicted holds any office,
either elective or appointive, at the time of the conviction, the office shall
at once and without mention in the sentence or other proceeding be vacated by
the conviction. The judge before whom the conviction is had shall immediately
transmit to the Chief Election Officer the name of the person, the offense of
which he has been convicted and the sentence of the court.
History: 1977, PL 15-42 § l; amd 1980, PL 16-90 § 42.
Amendments: 1980 Amended to conform to penalties provided for in Title 46, Criminal
Justice.
6.1205 Misdemeanors.
The
following persons are guilty of a class B misdemeanor, and upon conviction,
sentenced accordingly:
(1) any person who offers any bribe or makes any
promise of gain, or with knowledge of the same permits any person to offer any
bribe or make any promise of gain for his benefit, to any qualified elector to
induce him to sign a nomination paper, and any person who accepts any bribe or
promise of gain of any kind as consideration for signing it, whether the bribe
or promise of gain is offered or accepted before or after the signing;
(2) any person who willfully tears down or
destroys or defaces any election proclamation or any poster or notice or list
of qualified electors or card of instructions or specimen ballot, issued or
posted by authority of law;
(3) any person printing or duplicating or causing
to be printed or duplicated any ballot, conforming as to the size, weight,
shape, thickness, or color, to the official ballot so that it could be cast or
counted as an official ballot in an election;
(4) every person who is disorderly or creates a disturbance
whereby any meeting of the district officials or the Board of Registration of
qualified electors during an election is disturbed or interfered with; or
whereby any person who intends to be lawfully present at any meeting or
election is prevented from attending; or who causes any disturbance at any
election; and every person assisting or aiding or abetting any disturbance;
(5) every
person who, either in person or through another, in any manner breaks up or
prevents, or endeavors to break up or prevent, the holding of any meeting of
the board of registration of qualified electors, or in any manner breaks up or
prevents, or endeavors to break up or prevent, the holding of any election;
(6) any person, other than those designated by
6.0702, who remains or loiters within the area specified for voting as set
forth in 6.0702 during the time appointed for voting;
(7) any person, including candidates carrying on
any campaign activities within the area described in 6.0702 on the day on which
an election is being held for the purpose of influencing votes; campaign
activities include but are not limited to:
(A) the distribution, circulation, posting, or
stacking of campaign cards, pamphlets, and other literature;
(B) the use of public address systems and other
public communication media;
(C) the use of motor caravans or parades; and
(D) the use of entertainment troupes or the free
distribution of goods and services; the “day of election” as used in this
paragraph shall commence at midnight on the day the polls are opened and end
with the closing of the polls;
(8) any person who opens a reply envelope
containing an absentee ballot voted under 6.1101 et seq. other than those
authorized to do so;
(9) any qualified elector who makes any false
statement in any affidavit required for absentee voting under 6.1101 et seq.;
(10)
every person who willfully violates or fails to obey any of the provisions of
law, punishment for which is not otherwise specially provided for in chapters
01 through 12 of this title.
History: 1977, PL 15-42 § 1; amd 1980, PL 16-90 § 43.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,
Criminal Justice.
6.1206 Violation-Penalty.
Any
person convicted of a misdemeanor under chapters 01 through 12 of this title
shall be fined not more than $500, or imprisoned not more than 6 months, or
both.
History: 1977, PL 15-42 § 1.
6.1207 Penalty for other
offenses.
A
violation of this section is an infraction:
(1) any person, business, or corporation who
publishes, shows, broadcasts, or circulates political advertisements or
literature without stating the name and address of the person or committee that
paid for the advertisement or literature;
(2) any person, business, or corporation who
refuses an employee the privileges conferred by 6.0504, or subjects an employee
to a penalty or deduction of wages because of the exercise of the privileges,
or who directly or indirectly violates 6.0504.
History: 1977, PL 15-42 § 1; amd 1980, PL 16-90 § 44.
Amendments:
1980 Amended to conform
with penalties provided for in Title 46, Criminal Justice.
Sections:
6.1701 Definitions.
6.1702 Campaign Spending
Commission.
6.1703 Duties of the Chief
Election Officer and Commission.
6.1704 Filing
of reports.
6.1705 Registration.
6.1706 Organizational
report.
6.1707 Designated central committee.
6.1708 Campaign
treasurer.
6.1709 Contributions-Deposit-Itemized record required-Limitations.
6.1710 Contributions-Restrictions against transfer.
6.1711 Anonymous contributions unlawful.
6.1712 Use of another person’s name prohibited.
6.1713 Testimonial affairs and coffee hours.
6.1715 Campaign expenditures-Written authorization required.
6.1717 House
Bulletins.
6.1718 Preliminary
reports.
6.1719 Final and supplemental reports.
6.1720 Disposition
of funds.
6.1721 Advertising.
6.1722 Complaints, investigation, and notice.
6.1723 Violation-Penalty.
6.1724 Prosecution.
6.1701 Definitions.
As used in this chapter, the
following definitions apply:
(a) “Advertisement” means:
(1) any communication exclusive of bumper stickers
or other sundry items paid for by or on behalf of a candidate which identifies
a candidate directly or by implication or which advocates or supports the
nomination for election, or election of the candidate or advocate or supports
his defeat; and
(2) any communication exclusive of bumper stickers
or other sundry items paid for by or on behalf of a committee which identifies
an issue or question which appears or is reasonably certain to appear on the
ballot at the next applicable election or which advocates or supports the
passage or defeat of the question or issue.
(b) “Campaign treasurer” means a person appointed
under 6.1708, and, unless expressly indicated otherwise, includes deputy
campaign treasurers.
(c) “Candidate” means an individual who seeks
nomination to election, or election, to the Office of the Governor or
Lieutenant Governor, or member of the House of Representatives. An individual
is a candidate if he does any of the following:
(1) files nomination papers for an office for
himself with the Chief Election Officer’s office; or
(2) receives contributions in an aggregate amount
of more than $100, or makes or incurs any expenditures to bring about his nomination
for election, or election to office; provided, that in no event shall a person
be considered a candidate by reason of the provisions set forth in paragraphs
(2) and (3) prior to 1 July of the year that person runs for election; or
(3) gives his consent for any other person to
receive contributions or make expenditures to aid his nomination for election,
or elections, to office.
(d) “Commission” means the Campaign Spending
Commission.
(e) “Committee” means:
(1) any person who accepts a contribution or makes
an expenditure for or against any candidate, person seeking nomination for
election, or election, to office, or party, or who accepts a contribution or
makes an expenditure for or against any question or issue which appears or is
reasonably certain to appear on the ballot at the next applicable election;
(2) any person who raises or holds money or
anything of value and who subsequently contributes the money or thing of value
to, or makes expenditures in behalf of a candidate, person, or party; provided,
that the term “committee” shall not include any person making a contribution or
expenditure of his own funds or thing of value, which he originally acquired
for his own use and not for the purpose of evading any provision of this
chapter.
(f)
“Contribution” means:
(1) a gift, subscription, loan, advance, deposit
of money or anything of value, or cancellation of a debt or legal obligation and
includes the purchase of tickets to testimonial or fund-raising affairs, for
the purpose of:
(A)
influencing the nomination for election, or election, of any person to office;
or
(B)
influencing the outcome of any question or issue which appears or is reasonably
certain to appear on the ballot at the next applicable election ; or
(C)
use by any party for the purposes set out in subparagraph (A) or (B);
(2) the payment, by any person other than a
candidate or committee, of compensation for the personal services of another
person which are rendered to the candidate or committee without charge or at
an unreasonably low charge; or
(3) a contract, promise, or agreement to make a
contribution; provided, that notwithstanding paragraphs (1), (2) and (3), the
term shall not include services or portions thereof voluntarily provided
without reasonable compensation by individuals or in behalf of a candidate or
committee.
(g) “Election” means any election for office or
for determining a question or issue provided by law or ordinance.
(h)
“Expenditure” means:
(1)
any purchase or transfer of money or anything of value, or promise or agreement
to purchase or transfer money or anything of value, or payment incurred or
made, or the use or consumption of a nonmonetary contribution for the purpose
of:
(A) influencing the nomination for election, or
election, to office whether or not the person has filed his nomination papers;
or
(B) influencing the outcome of any question or
issue which appears or is reasonably certain to appear on the ballot at the
next applicable election; or
(C) use
by any party for the purposes set out in subparagraph (A) or (B) above;
(2) the payment, by any person other than a
candidate or committee, of compensation for the personal services of another
person which are rendered to the candidate or committee for any of the purposes
mentioned in subparagraph (A), (B) or (C) above; or
(3)
the expenditure by a candidate of his own funds for the purposes set out in
subparagraph (A), (B) and (C) above.
(i) “House bulletin” means a communication
sponsored by any person in the regular course of publication for limited
distribution primarily to its employees or members.
(j) “Newspaper” means a publication of general
distribution in the territory issued once or more per month which is written
and published in the Territory.
(k) “Office” means any elective public or
constitutional office.
(l)
“Person” means an individual, partnership, committee, association,
corporation, or labor union and its auxiliary committees.
History: 1977, PL 15-32 § 1; amd 1980, PL 16-72 § 9.
Amendments: 1980 Subsection (C): amended to add “of the
Governor or Lieutenant Governor or Member of the House of Representatives.
6.1702 Campaign Spending
Commission.
There
is established a Campaign Spending Commission consisting of 5 members,
appointed by the Governor subject to confirmation by the Senate. The term of
the members is 4 years and members may be reappointed. Members serve without
compensation. Vacancies from unexpired terms are filled in like manner as the
original appointments.
History: 1977, PL 15-32 § 1;amd 1977, PL 1548 § 1; amd 1980, PL 16-72 § 10.
Amendments: 1977 Deleted provision that Chief Justice was a member and chairman of
the commission, and added provision that members elect 9th member, who shall be
chairman, from the community at large. 1980 deleted 2nd paragraph and amend 1st
paragraph generally.
6.1703 Duties of the
Chief Election Officer and Commission.
(a) The Chief Election Officer’s principal duty is
to regulate the election process, and under this chapter his duties are to:
(1)
develop and adopt reporting forms required by this chapter;
(2) adopt and publish a manual for all candidates
and committees, describing the requirements of this chapter, including uniform
and simple methods of recordkeeping;
(3) preserve all reports required by this chapter
for at least 5 years from the date of receipt;
(4) permit the inspection, copying, or duplicating
of any report required by this chapter under rules adopted by the Commission;
provided, that no information or copies from the report shall be sold or used
by any person for the purpose of soliciting contributions or for any commercial
purpose.
(b)
The Commission’s principal duty is to supervise campaign contributions and
expenditures, and under this chapter its duties are to:
(1)
ascertain whether any candidate, committee, or party has failed to file a
report required by this chapter or has filed a substantially defective or
deficient report, and to notify the persons that their failure to file or
filing of a substantially defective or deficient report must be corrected and
explained, the correction or explanation to be submitted in writing to the
Commission within a reasonable time after the notification of the failure to
file or deficiency; the Commission shall make available a list of candidates,
committees, and parties who have failed to correct their deficiency within the
time allowed by the Commission, failure to respond to the notification shall
constitute a violation of this chapter;
(2) hold public hearings;
(3) investigate and hold hearings for receiving
evidence of any violations;
(4) adopt a code of fair campaign practices;
(5) establish rules under 4.1001 et seq.;
(6) request the initiation of prosecution for
the violation of this chapter under 6.1724; and
(7) suggest accounting methods for candidates,
parties, and committees, as the Commission may consider advisable, in
connection with reports and records required by this chapter.
History: 1977, PL 15-32 § 1.
6.1704 Filing of
reports.
(a)
Reports required to be filed under this chapter by a candidate or committee
supporting a candidate with his consent shall be certified by the candidate.
Reports required to be filed under this chapter by a party or committee which
supports more than 1 candidate shall be certified by the party or committee
treasurer, or the deputy treasurer, or the chairman thereof, in that order.
Reports required to be filed shall be open for public inspection.
(b)
Reports required by this chapter shall be filed as follows: The original and 1
copy shall be filed at the Commission office.
(c)
The Commission shall give each person filing a report a receipt showing the
type of report and date and time of filing.
(d) The
reports filed shall be preserved for 5 years.
(e)
Reports required to be filed shall at all times be available to the Chief
Election Officer.
History: 1977, PL 15-32 § 1.
6.1705 Registration.
Each
candidate, committee, and party shall file an organizational report not later
than
(1) on or before the day of filing for nomination
or election;
(2) at least 45 days before the general, or
special election; or
(3) by the 10th day after:
(A)
receiving any contributions in an aggregate amount of more than $100; or
(B)
making or incurring any expenditure which is reportable under 6.1718 and
6.1719.
History: 1977, PL 15-32 § 1.
6.1706 Organizational
report.
(a) The organizational report includes:
(1) the name, address, office sought when known,
and party affiliation of each candidate or individual whom the committee or
party is supporting and the name and address of the committee or party;
(2) the names and addresses of the campaign
treasurer and deputies;
(3) the names and addresses of the campaign
chairman and deputy campaign chairman;
(4) a list of all banks, safety deposit boxes, or
other depositories used and the applicable account numbers;
(5) the amount and date of deposit of the
contribution and the name and address of each individual donor who has
contributed an aggregate amount of more than $100 to the office being sought;
provided, that this paragraph shall not apply to contributions made prior to 1
July 1977; and
(6) in the case of a report by a committee or
party supporting or opposing a ballot question or issue, all of the information
described in paragraphs (a) (2) to (a) (5) and a description of the question
or issue.
(b)
Any change in information submitted in the organizational report, other than
paragraph (a) (5), shall be reported not later than
History: 1977, PL 15-32 § 1.
6.1707 Designated
central committee.
Each
candidate for a Territory-wide or representative office who is supported by
more than 1 committee shall designate a central committee which shall be
responsible for aggregating the total contributions and expenditures of all
committees directly associated with the candidate and for filing composite
reports indicating this information on the dates set by 6.17l8 and 6.1719.
History: 1977, PL
15-32 § 1.
6.1708 Campaign
treasurer.
(a) Every committee, party, and candidate shall
appoint a campaign treasurer on or before the day for filing an organizational
report. Up to 2 deputy campaign treasurers may be appointed. A candidate may
appoint himself as campaign treasurer.
(b) A
campaign treasurer may be removed at any time. In case of death, resignation,
or removal of the campaign treasurer, the committee, party, or candidate shall
promptly appoint a successor. During the period the office of campaign
treasurer is vacant, the candidate, committee chairman, or party chairman,
whichever is applicable, shall serve as campaign treasurer.
(c) Each campaign treasurer shall be authorized
to receive contributions or make expenditures on behalf of the candidate, committee,
or party appointing him.
History: 1977, PL 15-32 § 1.
6.1709 Contributions-Deposit-Itemized
record required—Limitations.
(a) Monetary contributions shall be promptly
deposited in a financial depository duly authorized to do business in the
territory, such as a bank, savings and loan institution, industrial loan
company, or similar financial institution, in the name of the candidate,
committee, or party, whichever is applicable.
(b) Each candidate, committee, or party shall
establish and maintain an itemized record showing the amount of all monetary
contributions, the description and value of each nonmonetary contribution, and
the name and address of each donor making a contribution.
(c)
Each candidate and campaign treasurer shall report the amount and date of
deposit of each contribution and the name and address of each donor who makes a
contribution or contributions whose aggregate value is $100 or more.
(d) No
candidate, committee, or party may accept a contribution of $100 in cash from a
single person without issuing a receipt to the donor and keeping a record of
the transaction.
(e)
Each committee and party shall disclose the original source of all earmarked
funds, the ultimate recipient of the earmarked funds, and the fact that the
funds are earmarked.
(f) For the purposes of this section, “earmarked
funds” means contributions received by a committee or party on the condition
that the funds be contributed to or expended only on certain candidates,
issues, or questions.
(g) The following contributions are the maximum
permissible:
(1)
corporations, partnerships, joint ventures or any business or organization,
$2,000; and
(2) individuals, $500.
History: 1977,
PL 15-32 § 1; amd 1980, PL 16-72 § 11; 2002, PL 27-31.
Amendments: 1980 Subsection (g): deleted paragraph (1) and renumbered (2) and (3) as
(1) and (2).
6.1710 Contributions-Restrictions
against transfer.
(a) A
candidate, campaign treasurer, or committee shall not receive any
contributions, make any expenditures, or receive or make any transfer of money
or anything of value:
(1)
for any purpose other than those directly related:
(A) in the case of the candidate, to his own
campaign; or
(B) in the case of a campaign treasurer or
committee, to the campaign of the candidate, question, or issue with which they
are directly associated; or
(2) to
support the campaigns of candidates other than the candidate, for whom the
funds were collected or with whom the campaign treasurer or committee is
directly associated; or
(3) to campaign against any other candidate not
directly opposing the candidate for whom the funds were collected or with whom
the campaign treasurer or committee is directly associated; provided, that a
candidate, campaign treasurer or committee may purchase from its campaign fund
not more than 2 tickets for each testimonial or fundraising affair as defined
in 6.1713 and 6.1714, respectively, held by another candidate, committee, or
party.
(b) This section may not be construed to prohibit
a party from supporting more than 1 candidate, or. to prohibit joint
expenditure by 2 or more candidates seeking election to multiple offices from
the same district whether the expenditures are equally or unequally incurred
among those candidates; provided, that the allocation of expenditures between
the candidates is based upon reasonable objective standards. The party or
candidates, whichever is applicable, shall make the initial allocation between
candidates. If the allocation is disallowed by the Commission, and the
allocation of expenditures is not corrected as prescribed by the Commission
within the time allowed by the Commission, then the amount of the allocation
found to be unreasonable by the Commission shall be presumed to be a transfer
of funds in violation of this section.
History: 1977, PL 15-32 § 1.
6.1711 Anonymous
contributions unlawful.
(a) No
person may make a contribution of his own money or property or money of another
person to any candidate, party, or committee in connection with a nomination
for election, or election, anonymously; nor may any candidate, party, or
committee knowingly receive, accept, or retain the contribution or enter or
cause the same to be entered in its accounts as an anonymous contribution or in
another name than that of the person by whom it was actually furnished.
(b)
Anonymous contributions received by a candidate, party, or committee shall not
be used or expended, but shall be returned to the donor. If the donor cannot be
identified, the contribution shall escheat to the Territory.
(c)
This section does not apply to amounts that aggregate less than $250 when obtained through multiple
contributions made by 10 or more persons at the same event. Each aggregate
contribution shall be reported accompanied by a description of the means,
method, place, and date of receipt.
History: 1977, PL
15-32 § 1.
6.1712 Use of another
person’s name prohibited.
(a) Persons may not make contributions of their
own money or property or money or property of another person to any candidate,
party, or committee in connection with a nomination for election, or election,
in any other name than the name of the person owning the money or who supplied
the money or property.
(b)
Contributions made in the name of a person other than the true or established
name of the actual owner of the money or property shall escheat to the
Territory.
History: 1977, PL 15-32 § 1.
6.1713 Testimonial
affairs and coffee hours.
(a) As
used in this section, “testimonial affair” means any function held for the benefit
of a person and designed to raise funds for political purposes for which the
total cost for attending the affair is more than $15 a person.
(b) No
person or a committee directly associated with the person shall hold more than
one testimonial affair until after an election in which that person was either
elected or defeated unless that person seeks election to Territorial office, in
which case he or his directly associated committees may hold no more than 3
testimonial affairs in each county. An additional testimonial affair may be
held within 6 months after a general, or special election, in the case of a
candidate or committee directly associated with that person having a deficit.
No testimonial affair may be held unless a notice of intent to hold the affair
is filed by the person in charge of the affair with the commission prior to
the date of the affair setting forth the name and address of the person in
charge, the charge per person, the date, hour, and place of the affair and
whether contributions will be solicited at the affair and method thereof.
Testimonial affairs sponsored by a party for a political purpose for the
general benefit of the party are exempt from the limits of this subsection.
(c)
The number of functions held for the benefit of a person designed to raise
funds for political purposes for which the total cost for attending the affair
is $15 or less per person shall not be limited except:
(1)
For territorial offices, no person may hold more than 2 functions in each
district.
(2)
For all other offices, a person may hold either 2 functions of 1 testimonial
affair in each district.
History: 1977, PL
15-32 § 1; amd 1980, PL 16-72 § 12.
Amendments: 1980 Subsection (a): deleted paragraph (2).
Subsection (c): deleted and
relettered existing subsection (d) as(c).
6.1715 Campaign
expenditures—Written authorization required.
(a) A
candidate may draw on the campaign treasurer for his political expenditures for
postage, telegrams, telephone calls, stationery, expressage, travel, meals,
and lodging. The candidate shall make a detailed accounting of his political
expenditures and the accounting shall be made a part of the reports required in
6.1718 and 6.1719. The account shall state the amount and the purpose of the
expenditures and other information required by the Commission and shall be
signed and certified by the campaign treasurer.
(b) No
funds shall be withdrawn or paid from a campaign depository except upon the
written authorization of the campaign treasurer.
(c) No
expenditure by or on behalf of a candidate shall be made or incurred by any
committee without specific written authorization of the candidate or his
authorized representative. Every expenditure so authorized and made or incurred
shall be attributed to the candidate for whom the expenditure is made for the
purpose of imposing the expenditure limitations imposed by § 1616.