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4.0102 Qualifications of Governor and Lieutenant Governor.

Cite as [A.S.C.A. § 4.0102 ]

(a) Candidates for the office of Governor and Lieutenant Governor shall be:

(1) either a United States citizen or a United States national:

(2) a bona fide resident of American Samoa for 5 years immediately preceding the election; and

(3) at the time of assuming office, 35 years of age or older.

(b) Persons otherwise qualified for nomination as candidates for either Governor or Lieutenant Governor are not precluded from nomination for reasons of not qualifying under paragraph (a) (2) of this section if by reasons of absence from American Samoa the absence occurred in connection with:

(1) service with the armed services of the United States;

(2) service with the United States Government or any of its agencies or instrumentalities;

(3) service with the government or any of its agencies or instrumentalities; or

(4) while in the pursuit of his or her education.

(c) Persons who are serving as the incumbent appointed Governor and Lieutenant Governor at the effective date of this chapter are not eligible for election to the office of Governor or Lieutenant Governor at the first gubernatorial election in American Samoa.

(d) Any person convicted of a felony under the laws of American Samoa, the United States, or the laws of any state of the United States is not eligible for election to the Office of the Governor or Lieutenant Governor unless the convicted person has been pardoned and has had his civil rights restored.

(e) Any person separated from the Armed Forces of the United States under conditions other than honorable is not eligible for election to the Office of the Governor or Lieutenant Governor.

(f) Candidates for the offices of Governor and Lieutenant Governor who are employees of the government in whatever capacity and for either the executive, or judicial branches, must resign their position with the government before commencing active campaigning. “Active campaigning” includes but is not limited to: the acceptance of a petition from the election official charged with that responsibility; any effort whatsoever that is designed to influence or obtain votes from qualified electors; and any activity that would cause a conflict of interest at the candidate’s position of employment with the government. In any event, candidates must resign no later than 60 days prior to the election date even if the events above have not occurred.

History: 1977, PL 15-23 § 1; amd 1977, PL 15-31 § 1.

Amendments: 1977 Subsection (f): added.