CELEBRATING 75 YEARS 1948 - 2023

Senate Bill No. 39-04 is a bill for an act entitled, “An act amending the Law to allow for separate election races of the governor and lieutenant governor; amending sections 4.0103 and 4.0104 A.S.C.A.”

Section 1.  4.0103 is amended to read:

 

“4.0103  Nomination Procedures.

 

The candidates for the offices of Governor and Lieutenant Governor shall be nominated jointly separately by filing a petition in the same manner as candidates for members of the House of Representatives except that the nominating petition for candidates for Governor adn Lieutenant Governor shall be signed by at least 300 qualified electors without regard to their respective districts.”

Section 2.  4.0104 is amended to read:

“4.0104 Election Procedures.

1. The Governor and Lieutenant Governor shall be elected jointly separately, by a majority of the votes cast by qualified electors.  Each vote shall be applicable to both candidates.  If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast.n

2. The Election Office shall prepare the necessary policies, procedures, petitions and documents to ensure the integrity of the separate elections for governor and lieutenant governor, pursuant to elections laws.”
   
    

Senate Bill No. 39-05 is a bill for an act entitled, “An act amending the qualifications of candidates running for the offices of Governor and Lieutenant Governor, amending section 4.0102, A.S.C.A.”

 

Section 1.  4.0102 is amended as follows:

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“4.0102 Qualifications of Governor and Lieutenant Governor.

1. Candidates for the office of Governor and Lieutenant Governor shall be:

1. Either a United States citizen or a United States national: of American Samoa ancestry.  American Samoan ancestry means an individual of American Samoa descent born in American Samoa, Swains or the United States of America.

2.  a bona fide resident an actual resident of the territory for at least 24 consecutive and continuous calendar months before filing a petition for Governor or Lt. Governor; and a resident of American Samoa for at least 5 years immediately preceding the election prior to filing a petition to run for Governor or Lt. Governor; 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; or

3. Service with the government or any of its agencies or instrumentalities; or

4. While in the pursuit of his or her education.

(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.

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