[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 118 STAT. 2200 Public Law 108-376 108th Congress An Act To protect the voting rights of members of the Armed Services in elections for the Delegate representing American Samoa in the United States House of Representatives, and for other purposes. NOTE: Oct. 30, 2004 - [H.R. 2010] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTE: 48 USC 1732 note. FINDINGS. Congress finds the following: (1) It is in the national interest that qualifying members of the Armed Forces on active duty and other overseas voters be allowed to vote in Federal elections. (2) Since 1980, when the first election for the Congressional Delegate from American Samoa was held, general elections have been held in the first week of November in even- numbered years and runoff elections have been held 2 weeks later. (3) This practice of holding a run-off election 2 weeks after a general election deprives members of the Armed Forces on active duty and other overseas voters of the opportunity to participate in the Federal election process in American Samoa. (4) Prior to and since September 11, 2001, and due to limited air service, mail delays, and other considerations, it has been and remains impossible for absentee ballots to be prepared and returned within a 2-week period. (5) American Samoa law requiring members of the Armed Forces on active duty and other overseas voters to register in person also prevents participation in the Federal election process and is contrary to the Uniformed and Overseas Citizens Absentee Voting Act. (6) Given that 49 states elect their Representatives to the United States House of Representatives by plurality, it is in the national interest for American Samoa to do the same until such time as the American Samoa Legislature establishes primary elections and declares null and void the local practice of requiring members of the Armed Forces on active duty and other overseas voters to register in person which is contrary to the federal Uniformed and Overseas Citizens Absentee Voting Act. SEC. 2. NOTE: 48 USC 1732. PLURALITY OF VOTES REQUIRED FOR ELECTION OF DELEGATE. Section 2 of the Act entitled ``An Act to provide that the Territory of American Samoa be represented by a nonvoting Delegate [[Page 2201]] 118 STAT. 2201 to the United States House of Representatives, and for other purposes'', approved October 31, 1978 (48 U.S.C. 1732; Public Law 95-556) is amended-- (1) in subsection (a)-- (A) by striking ``majority'' and inserting ``plurality'' the first place it appears; and (B) by striking ``If no candidate'' and all that follows through ``office of Delegate.''; and (2) by adding at the end the following new subsections: ``(c) Establishment of Primary Elections.--The legislature of American Samoa may, but is not required to, provide for primary elections for the election of Delegate. ``(d) Effect of Establishment of Primary Elections.--Notwithstanding subsection (a), if the legislature of American Samoa provides for primary elections for the election of Delegate, the Delegate shall be elected by a majority of votes cast in any subsequent general election for the office of Delegate for which such primary elections were held.''. SEC. 3. NOTE: 48 USC 1732 note. EFFECTIVE DATES. The amendments made by paragraph (1) of section 2 shall take effect on January 1, 2006. The amendment made by paragraph (2) of section 2 shall take effect on January 1, 2005. Approved October 30, 2004. LEGISLATIVE HISTORY--H.R. 2010: --------------------------------------------------------------------------- HOUSE REPORTS: No. 108-515 (Comm. on Resources). SENATE REPORTS: No. 108-377 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 150 (2004): June 14, considered and passed House. Oct. 10, considered and passed Senate.