The Lemanu and Talauega camp has raised concern with the Election Office’s move to allow registered voters stranded off island due to the closing of the borders, to vote absentee in the November 3rd general elections.
The attorney for the Lemanu and Taluega Campaign, Gwen Tauiliili-Langkilde, sent a letter to Electiom Commissioner Dr Lealofi Uiagalelei citing ASCA Section 6.11101 (c)(2) which provides that voters who fall in the category of “temporarily absent” are required to vote in person before they travel outside the territory.
Further this section of the law “clearly states in reference to “temporarily absent” voters that ballots shall not be mailed and such qualified electors must vote in person before they travel outside the territory.”
The Election Office had announced that it will accept absentee ballots from temporarily absent voters who are now unable to return to the territory in time for Election Day due to the COVID-19 triggered border closure.
The attorney noted that as an apparent step towards this plan a COVID-19 absentee ballot request form asking off island voters their absentee ballot preference, whether by mail, fax or electronic mail is published on the Election Office website,
Tauiliili-Langkilde wrote that while Lemanu and Talauega commend the intent of the Election Office’s proposed plan it is their concern that any proposed amendment to the prescribed absentee balloting procedures, be lawful.
According to the attorney, “Because the statute is clear in its requirement that temporarily absent voters must vote in person, to change this procedure will require legislative action.”
She stated that when it comes to the Election Office rule making authority, the High Court has affirmed the understanding that administrative rules “simply cannot supersede existing statutory authority where they directly conflict.” (Leala vs Soliai, Appellate Div, 2000)
She said it further appears that despite the COVID-19 pandemic “not even the executive, under constitutional or statutory emergency powers can override this Fono mandate.”
The attorney suggested that while the Fono is still in session there is sufficient time for legislative action to amend this process.
She said such an amendment could even be limited to the 2020 general elections to ensure that temporarily absent voters now stuck off island due to the border closure can legally cast their votes on election day by absentee ballot.
“Otherwise, we are concerned that to unilaterally change the absentee balloting procedure for temporarily absent voters without Fono action. will only subject those ballots to challenge and those voters to further disenfranchisement.”
