Page:United States Statutes at Large Volume 118.djvu/2230

 118 STAT. 2200 PUBLIC LAW 108–376—OCT. 30, 2004 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 Rep resentatives, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 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. PLURALITY OF VOTES REQUIRED FOR ELECTION OF DELE GATE. Section 2 of the Act entitled ‘‘An Act to provide that the Terri tory of American Samoa be represented by a nonvoting Delegate 48 USC 1732. 48 USC 1732 note. Oct. 30, 2004 [H.R. 2010]

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