There’s still uncertainty over the decision by Chief Election Commissioner Dr Lealofi Uiagalelei to allow registered voters stranded off island due to the COVID-19 pandemic to vote absentee in the upcoming general elections.
Yesterday in the House, Rep Faimealelei Anthony Allen called for a discussion with the Election Commissioner while there’s still time concerning his decision.
The Aua faipule referred to a statement by Dr Uiagalelei that it was within his authority to make amendments relating to the conduct of elections.
Faimealelei spelled out that the law is clear on who can vote absentee from off island.
He said any others cannot vote absentee from off island unless the law is amended by the Fono.
Faimealelei recommended that the House discuss the issue with the Election Commissioner while there’s still time before voters go to the polls.
House Speaker Savali Talavou Ale pointed out that he has already written to the governor regarding the Election Commissioner’s announcement and there has been no reply.
He said no response from the governor is an indication that there’s no change to the election rules.
Attorney General Mitzie Jessop Taase told a Senate hearing on the same subject two weeks ago that the governor has not made a decision on the matter.
KHJ News points out that the Dr UIagalelei has not rescinded his media announcement that registered voters currently stranded off island can request off island ballots and vote absentee in the general elections.
At the Senate hearing, the attorney for the Election Office Faoa Aitofele Sunia said election law does give the Election Commissioner authority to amend rules for the conduct of elections.
Section 6.0106 (a) The Chief Election Officer may adopt, amend, and repeal rules under the Administrative Procedure Act, section 4.1001 et seq., governing elections held under this title, election procedures, and the selection,establishment, use, and operation of all voting systems now in use or to be adopted in the Territory, and all other similar matters relating thereto as in his judgment shall be necessary to carry out the purposes of this title.
(b) In adopting, amending, and repealing rules for qualified electors cannot vote at the polls in person and all other qualified electors, the Chief Election Officer shall provide for voting by those persons in a manner as to insure secrecy of the ballot and to preclude tampering with the ballots of these qualified electors and other election frauds. The rules, when adopted in conformity with section 4.1001 et seq., have the force and effect of law.
